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tonight for the first time, former blue bell ice cream workers are claiming that management ignored complaints about conditions at their factory in texas that was linked to an outbreak of listeria. ten people got sick from the bacteria, and three died. the company recalled 8 million

gallons. before this, blue bell was the number three brand in the nation, sold in 23 states. jim axelrod has our investigation. >> reporter: in the early morning hours of august 29th, a single truck left blue bell creameries in texas, marking the return of its ice cream. when the company recalled all its products in april, its loyal customers sang their support, prayed for their return, and plastered brenham with signs. >> god bless blue bell. it's a fantastic product. they've done a lot for this community. but at the same time there's a bad side of blue bell where everything was overlooked. >> reporter: for the last seven months leading up to the shutdown, terry schultz operated this machine at the brenham blue bell factory. >> a lot of times i would walk in there and there was ice cream all over the floor. >> what do you mean ice cream

all over the floor? >> well, sometimes these machines would just go haywire, and the product would just continually run through the conveyor belt and just drop off onto the floor. >> reporter: schultz said stopping to clean up the ice cream would slow down production, so workers left it pooling on this floor, creating an environment where bacteria could flourish. when he complained to supervisors, he said nothing was done. >> the response i got at one point was, is that all you're going to do, come in and bitch every afternoon? >> it's all about the money. >> reporter: five-year blue bell veteran gerald bland operated a fruit feeder in a different part of the plant. he was told to pour ice cream and fruit juice that dripped off the machine throughout the day into barrels of ice cream mix to be used later.

feeder leaking, that was still go right into the barrel. >> it would have been possible to have oil from the machine to end up in the some of the ice cream? >> yeah. >> reporter: bland said that practice stopped the year before the shutdown. but other problems persisted. listeria thrives in wet environments, and both schultz and bland told us water was everywhere. >> on the wall by the three-gallon machine if it had rained real hard and water set on the roof, it would just trickle down that wall. >> rainwater? >> yeah. >> from the roof? >> yeah. >> would get into the factory? >> yeah. a couple of times it actually flooded area two, to where they had to cut the machines off because there was too much water over there. >> reporter: what bland and schultz told us they saw is consistent with fda findings. when the fda inspected blue bell's main plant here in brenham, texas, in march, they found a number of violations detailed in this report,

including condensation dripping into the ice cream, dirty equipment, and paint chipping from the ceiling directly above an ice cream mixer. in the years leading up to the outbreak, the state inspected the brenham factory about every six weeks, and the army which had a $4.8 million contract with blue bell inspected four times a year. none of their inspections revealed violations that stopped production. gerald bland questions the inspection process. >> we never, the whole time i was there, ever had a surprise inspection. as soon as the army pulls up on the parking lot, the phone call starts. every area knows right away, which gives you about a 15- or 20-minute window. >> reporter: the ice cream that sickened five people was made on this production line. blue bell shut it down in march, after confirming it was contaminated with listeria.

but in other parts of the plant, production continued for weeks. >> nothing changed. the last two weeks, that's when they changed washup procedures, and they started retraining some of us. >> isn't that closing the barn door after the horse gets out? >> oh, i think all the animals got out by the time they shut the door. >> this is a terribly sad day for all of us at the company. >> reporter: on may 15th, the ceo announced the first layoff in blue bell's history. more than 1,400 employees, including gerald bland and terry schultz. >> there was a lot of things that could have been done to prevent this. just no action was taken. it was kind of like -- i just feel sorry for the people that sick. >> blue bell told us that pending litigation prevented them from addressing our report. but in a statement to cbs news they wrote, quote, we are committed to ensuring we are producing a safe product through

procedures, including increased focus on sanitation and cleaning, on going evaluations from independent microbiologists, voluntary agreements with our state regulators, and a test and hold procedure. that means they can't distribute any product they produce until tests confirm they're safe. scott, their flagship plant in brenham, texas, is still closed. >> part two here tomorrow. jim will have more about all of this on "cbs this morning." why do two reports say police were justified shooting a 12-year-old? and a tornado goes postal.

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today the family of the 12-year-old shot to death in cleveland by a rookie cop angrily reacted to a pair of reports that found that the shooting was justified. here's dean reynolds. >> reporter: back in november, the security camera at a cleveland park captured 12-year-old tamir rice brandishing something that concerned a caller to 911. >> there was a guy with a pistol. he's pointing it at everybody. i don't know if it's real or not. >> reporter: but the police dispatcher never conveyed the

caller's uncertainty to the two white officers sent to the scene. >> he keeps pointing a gun at people. >> reporter: acting on that information, the police pulled their cruiser right up to rice and less than two seconds later rookie officer timothy loehmann shot him dead. >> shots fired. male down. black male. maybe 20. black revolver. >> reporter: rice was actually holding an air soft gun. it looks like a real pistol, but ejects soft plastic, not bullets. now, two reports by the prosecutor here found it was reasonable for loehmann to see rice as a threat and reasonable to have responded the way that he did. but attorney walter madison who represents the rice family said the cops' decision to speed into the park instead of approaching cautiously created a threatening situation where none existed. >> you can't create the danger

it. >> reporter: mildred warner davis is tamir's grandmother who said the past year has been torture. >> this will never go away. it will never go away. i have to take this to my grave. >> reporter: there is no indication when or if the grand jury will return an indictment in this case. scott, the prosecutor says he has commissioned more independent reports on this shooting, and we'll release them, too, when they are finished. >> dean reynolds reporting tonight. dean, thank you. will chase utley take the

that's next. a ballplayer who's considered a villain in new york is on the bench, at least for the start of tonight's play-off game. the dodgers chase utley clobbered mets shortstop ruben tejada saturday. tejada's done for the year with a broken leg. utley was suspended for two games. but he's free to play pending his appeal. water spouts don't usually cause damage unless they come ashore. have a look at what happened yesterday in tampa, florida. a postal service tractor-trailer truck drove right into the path of the waterspout near the skyway bridge, and letters were blasted into the wind, giving new meaning to the term air mail.

in v i had no other choice but to bomb, in this case, selected military targets and supply buildup areas. the results have been very, very effective. >> president nixon touting the effectiveness of the bombing of north vietnam in a cbs news interview in january of 1972. well, now newly revealed top-secret documents show that the very next day, in private, nixon wrote what he really thought. david martin reported this story for cbs "sunday morning." >> reporter: richard nixon's candid opinion of the bombing of vietnam. scrawled across a report from his national security adviser henry kissinger. we have had ten years of total control of the air in laos and vietnam. the result, zilch.

more than four decades after the fact by reporter bob woodward. >> what, i think quite frankly, changes the historical understanding of vietnam is that nixon, the commander in chief, himself realize the failure. >> reporter: according to woodward's research, nixon had already dropped the bombs and ordered nearly 3 million tons of bombs and would order another million dropped in the area after the zilch memo. >> it takes the military leadership of the president. >> reporter: the document was given to woodward by former aide alexander butterfield who took it with him when he left the white house. you may remember butterfield as the witness who electrified the watergate hearings by revealing the existence of the secret white house tapes. >> mr. butterfield, are you aware of the installation of the listening devices in the oval office of the president? >> i was aware of listening

devices, yes, sir. >> reporter: nixon was forced to resign when the tapes revealed he had personally ordered the cover-up of the watergate break-in. butterfield faded into anonymity until two years ago when he turned 20 boxes full of white house documents to woodward, the reporter who uncovered much of the watergate scandal. >> some of those documents are classified top secret. how did you just walk away with them from the white house? >> it was easy, i just walked away with them. >> reporter: the zilch memo is still technically classified top secret. and they talked to woodward about retrieving that and other documents in butterfield's boxes. once that happen, perhaps the archives of the nixon years can at last be considered complete. david martin, cbs news, washington. and that's the "cbs overnight news" for this tuesday. for some of you, the news continues. for others, check back with us a little later for the morning

news and "cbs this morning." from the broadcast center in new york city, i'm scott pelley. welcome to the overnight news. the democratic presidential candidates square off tonight in their first debate. the man they're trying to replace, president obama, discussed the race with steve croft of "60 minutes." the first question? his views on gop front-runner donald trump. >> he is a great publicity seeker. and at a time when the republican party hasn't really figured out what it's for, as opposed to what it's against, i think that he is -- he's tapped into something that exists in the republican party that's real. i think there is genuine anti-immigrant sentiment in a large portion of at least republican primary voters.

he knows how to get attention. he's the classic reality tv character. and at this early stages, it's not surprising he's gotten a lot of attention. >> do you think he's running out of steam? do you think he'll disappear? >> i'll leave it up to the pundits to make that determination. i don't think he'll end up being president of the united states. >> did you know about hillary clinton's use of the private e-mail server? >> no. >> while she was secretary of state? >> no. >> do you think it posed a national security problem? >> i don't think it posed a national security problem. i think it was a mistake she acknowledged. as a general proposition, when we're in these offices, we have to be more sensitive and stay as far away from a line as possible when it comes to how we handle information, how we handle our own personal data. and she made a mistake. she's acknowledged it. i do think that the way it's been ginned up is in part

and i think she would be the first to acknowledge that maybe she could have handled the original decision better and the disclosures more quickly. >> what was your reaction when you found out about it? >> you know, this is one of those issues that i think is legitimate. but the fact that for the last three months this is all that's been spoken about is an indication that we're in presidential political season. >> do you agree with what president clinton has said and secretary clinton has said, that this is not that big a deal? do you agree with that? >> well, i'm not going to comment on -- >> you think it's not that big a deal? >> what i think is that it is important for her to answer these questions to the satisfaction of the american public. and they can make their own judgment. i can tell you that this is not a situation in which america's national security was endangered. >> this administration has prosecuted people for having

private computers. >> there's no doubt that there have been breaches, and these are all a matter of degree. we don't get the impression that on -- to hide something, or to squirrel away information. to -- >> okay. >> i'm going to leave it to hillary when she has an interview with you to address all these questions. >> right now there's nobody on either side of the aisle that is exactly running on your record. do you want joe biden into the race and do it? >> you know, i'm going to let joe will make that decision. i mean what i say, i think joe will go down as one of the finest vice presidents in history, and one of the more consequential. i think he's done great work. i don't think there's any politician at a national level that has not thought about being the president. and if you're sitting right next

to the president in every meeting, you know, wrestling with these issues, i'm sure that for him he's saying to himself, i could do a really good job. >> i do want to talk a little bit about congress. are you going to miss john boehner? >> john boehner and i disagreed on just about everything. but the one thing i'll say about john boehner is, he did care about the institution. he recognized that nobody gets 100% in our democracy. i won't say that he and i were ideal partners, but he and i could talk, and we could get some things done. and so i am a little concerned that the reason he left was because there are a group of members of congress who think having somebody who is willing to shut down the government or default on the u.s. debt is going to allow them to get their way 100% of the time. >> do you think you'll be able to get anything through

>> well, given that this congress hasn't been able to get much done at all over the last year and a half, two years, for that matter for the last four, it would be surprising if we were able to make huge strides on the things that are important. but i have a more modest goal which is to make sure that congress doesn't do damage to the economy. >> the president says that means avoiding another budget crisis and another round of threats to shut down the government, which could happen as early as december. even with congressional republicans in disarray, he's hoping to reach a deal with congress as he did two years ago to lift some spending caps in defense and other areas while continuing to reduce the deficit. much stronger relative to the rest of the world. china, europe, emerging markets, they're all having problems. and so if we provide another

down the government, that could mean that the progress we have made starts going backwards instead of forward. we have to make sure that we pass a transportation bill. it may not be everything that i want. we should be much more aggressive in rebuilding america right now. interest rates are low. construction workers need the work. and our economy would benefit from it. but if we can't do a big multi-year plan, we at least have to do something that is robust enough that we are meeting the demands of a growing economy. >> a few months back, at a fund-raiser, you made a point of saying that the first lady was very pleased that you can't run again. >> she is. >> do you feel the same way? >> you know, it's interesting, you go into your last year, and i think it's bittersweet. on the one hand, i'm very proud

of what we've accomplished. and it makes me think, i'd love to do some more. but by the time i'm finished, i think it will be time for me to go because there's a reason why we consider george washington one of our greatest presidents. he set a precedent saying that when you occupy this seat, it is an extraordinary privilege, but the way our democracy's designed, no one person's indispensable. and ultimately you're a citizen. and once you're finished with your service, you go back to being a citizen. i think having a fresh set of legs in this seat, i think having a fresh perspective, new personnel and new ideas, and a new conversation with the american people about issues that may be different a year from now than they were when i started eight years ago, i think that's all a good part of democracy, i think it's healthy. >> do you think if you did run again, you would be elected?

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the koch brothers are among the nation's best known politically active families. the billionaire's network of political action committees and advocacy groups will spend $300 million on campaign 2016. jim axelrod spoke with charles koch in a rare tv interview. >> reporter: koch industries, headquartered in a sprawling glass and granite campus in wichita is the second largest private company in the country. with more than 100,000 employees worldwide, the conglomerate refines up to 600,000 barrels of oil a day and produces everything from stainmaster carpets to electronic components for smartphones.

own 84% of koch industries. forbes estimates their net worth at nearly $43 billion, each. but the sixth wealthiest man in the world still gets his lunch every day at the company cafeteria. although it's a bit more challenging after recent foot surgery. the 79-year-old ceo is at his desk each morning at 7:15 a.m. under the watchful eye of the family patriarch. this is your dad here? >> that's my dad, yeah. >> reporter: fred koch made his first fortune building refineries for stalin's soviet union and became a fervent anti-communist. >> it may be either a blessing or a curse. >> reporter: in his office, charles keeps a framed letter fred wrote to his first two sons when he took out an insurance policy for them. >> if you choose to let this

and independence, then it will be a curse to you and my action in giving it to you will have been a mistake. so that's the way he was. >> reporter: koch also inherited his father's distrust of big government and used his fortune to bank roll a network of conservative groups to help give birth to the tea party movement. that's made this billionaire and his brother among the most vilified men in american politics. >> there's a cartoon you might enjoy. >> run, everybody, run for your life, it's them. it's the koch brothers. >> the koch brothers and other money interests are using the political process for their own benefit. >> reporter: among democrats like senator harry reid koch has been a code word for corporate villainry. >> they're trying to buy america. it's time the american people

spoke out against these two brothers who are about as unamerican as anyone i can imagine. >> reporter: some 53,000 attack ads. >> out-of-state oil billionaires. >> reporter: mentioned the koch brothers in the election cycle. >> if the kochs and cassidy win, louisiana loses. >> like harry truman said, if you don't stand the heat, don't go in the kitchen. >> it's got to be unnerving on some level. >> i knew i'd get heat but i didn't know it would be this vicious and this dishonest. >> reporter: but koch's now trying to give the family name an image makeover. >> families worldwide rely on the daily essentials we help make. >> reporter: the company has launched a national ad campaign. >> we are koch. >> reporter: and in a new book "good profit," koch lays out the management philosophy that drove his company's phenomenal success, and writes about the values that drive him personally and politically.

father. but not before bouncing around eight different schools. >> what would you say the sort of source of your rebelliousness was? >> i'm sort of a contrarian, as you probably know from all the different things i do. i do things differently than other people. what are you doing that for? you're just creating trouble for yourself. >> reporter: the notoriously private billionaire agreed to his first in-depth tv interview at his wichita home. what's it like living with this guy? >> interesting. >> reporter: where we also met liz, his wife of 42 years. >> why is one brother still in wichita? >> because my father said either come back to run the company or i'm going to sell it. and none of the others wanted to come back. >> that's not the whole reason. the real reason, you could have moved many times. you could have moved koch industries anywhere in the world you wanted to. but this is a great place or raising children and running a

business with values. >> reporter: it was while he and liz were building their house here in 1973 that koch confronted his first major crisis as ceo, the arab oil embargo. >> i thought we might go broke. >> you thought you might go bankrupt? >> bankrupt. >> is that the scariest time for the company? >> well, that, and the scariest for me when we had that takeover attempt by the stockholders. some in my family. that was pretty scary. and all the lawsuits that followed it. that was pretty depressing. >> reporter: in the early '80s, the koch family broke into open civil war when bill and fred jr. challenged their brothers for control of koch industries. the battle would drag on for nearly two decades. and while charles and david prevailed, charles said the settlement prevents him from talking about it.

philosophy, in the '70s koch co-founded the libertarian think tank the cato institute to advocate for a radically smaller government with reduced regulation and no subsidies. but during the administration of president george w. bush, the kochs decided to get more active. >> he's a fine person. i'm sure he meant well. then he grew government more than just about any president before him. and he got us in counterproductive wars. so that's when i decided we needed to get into politics. >> reporter: the koch brothers have helped fund a complex network of political action committees and advocacy groups, many of them tax-exempt so donors don't have to be disclosed. the network, which now rivals the republican national committee in its financial clout, will spend $300 million

do you think it's good for the political system that so much of what's called dark money is flowing into the process now? >> well, first of all, my -- what i give isn't dark, like what i give politically, that's all reported. it's either to pacs or to the candidates. what i give to my foundations is all public information. but a lot of our donors don't want to take the kind of abuse that i do. they don't want these attacks. they don't want the death threats. so they aren't going to their names associated with it. >> but do you think it's healthy for the system that so much relatively small group of >> well, listen, if i didn't think it was healthy or fair, i wouldn't do it, because what we're after is to fight against special interests. and say you're a special

>> yeah, but my interest is just what will help people improve and to get rid of these special that's the whole thing that drives me. >> there are people out there who think what you're trying to do is essentially buy power. >> but i don't -- what i want is much centralized power, where it's dispersed to the and that's -- everything i advocate points in that direction. >> reporter: koch-backed groups were among the early donors to the tea party movement. what do you think of the tea party? >> well, i think there's some good things and bad things. to the extent the tea party is working to keep us from having a financial disaster, then they're great. if they're doing other things that are limiting people's choice and opportunity, then they're not. >> a lot of the groups that you supported have essentially provided financial fertilizer for the tea party.

yes. but that -- listen, if we had to agree with everything a group or a person stood for, we would never do anything. >> reporter: some of the kochs' causes might surprise you. koch industries donated $25 million to the united negro college fund. the kochs have now joined the white house in calling for criminal justice reform to reduce prison sentences for nonviolent offenders. >> you've got the naacp and the koch brothers. you've got to give them credit. >> did you ever think you would be working with the obama administration on anything? >> yeah. well, i feel the way frederick douglass did. he said, i'll work with anyone to do good and no one to do harm. >> you don't really consider yourself a republican. >> not at all. no, i consider myself a

democrats are taking us at about 100 miles another over the financial cliff, and towards a two-tiered society and the republicans are taking us there at 70 miles an hour. >> lesser of two evils? >> i don't like to put it that way. i would say, yeah, less unproductive. >> reporter: five republican presidential candidates, including scott walker, who has since dropped out, were invited to the koch brothers' most recent donor meeting in august. donald trump, who was not on the guest list, tweeted, i wish good luck to all the republican candidates that traveled to california to beg for money, et cetera, from the koch brothers. adding the word, puppets, with a question mark. >> are you intending to support a candidate for president? >> well, it depends. >> if donald trump got the nomination, would you support him? >> i made a vow i'm not going to

talk about individuals, because if i -- just like david said, he liked walker, so now all the press is, oh, we put all this money behind walker and he had to drop out.

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and the damage from 100 blow-dries is gone. pantene. strong is beautiful. there's a funeral mass yesterday in new orleans for cajun cooking's biggest star, paul prudhomme. he died last week at 75. charles osgood has a look at his

morning." >> the loss of cajun food's greatest champion. >> now, that's what i call a pot of jambalaya. >> celebrity chef paul prudhomme died on thursday of an undisclosed illness. the youngest of 13 children, prudhomme helped his mother in the kitchen in an early age. after years of apprenticeship in other people's restaurants, he opened his own. k-paul's louisiana kitchen in 1979. the restaurant, with its innovative blend of spicy, down-home recipes, became a culinary landmark. >> we're doing something from -- >> the tv shows, cookbooks, personal appearances, prudhomme devoted his life to make people happy, one mouth-watering dish at a time. >> that's what louisiana food does, that's what cajun food does. it creates excitement, and it creates emotion, and you know

>> there's an eatery in schenectady, new york, called puzzle's bakery and cafe, a piece of autism awareness. the people who work there are more than aware of what it takes to cope with that condition. >> reporter: the employees at puzzles bakery and cafe will tell you that this is more than just a cupcake shop. andre moore is an attendant here where more than half the staff has autism. >> you get a sense people really care about you, and they really take the time to get to know you and don't just see you as less than. >> reporter: it's the idea of the owner sara mae, a 25-year-old local, who saw the need for employment opportunities for young adults with autism. >> autism, i think when we talk about it, just in the general public, people talk about it as a childhood disability. >> reporter: sarah mae has known

autism her whole life. her younger sister, emily, is on the lower functioning end of the autism spectrum. >> a lot of us are exposed in our everyday lives, but it's really great to just put a face on that. and to know that the person bringing your lunch may or may not have special needs. and that's just normal. >> reporter: the cafe offers pet therapy and other programs for those it can't offer jobs. since puzzles opened, they've received about 600 applications. but the cafe can only employ 25. >> in a way, it's like, wow, that's amazing. i'm blown away. but it's also tragic. i mean, there are so many people who just want to have a job. >> reporter: mattie was one of the first applicants. >> it's hitting a lottery ticket. >> reporter: her father, don, says the experience has changed his daughter. >> she's opened up. she's willing to engage in conversation. before, she wouldn't even look you in the eye, to anyone. it was difficult.

>> reporter: the puzzles family hopes they can help change the perception of autism. >> i'm ambassador for people with autism, just needs somebody to show everybody that we're not rainman, and we're not psycho killers, that we're good people. and that we, you know, can make jokes and be relatable. >> reporter: they're asking for help. >> even if you just hire one person with autism, i think that will make a huge impact. >> reporter: for their part, sarah and her team, are putting this puzzle together piece by piece. that's the "cbs overnight news" for this tuesday. for some of you, the news continues. for others, check back with us a little later for the morning news and "cbs this morning."