"cbs evening news with scott pelley" is next. captions by: caption colorado comments@captioncolorado.com >> p ht, manhunt after a jailbreak. two killers find a way out of prison that defies belief. >> well, it doesn't take a rhodes scholar to realize they had some outside help. >> pelley: john miller has the story. the government reopens. can washington keep it that way? >> let's be clear: there are no winners here. >> pelley: nancy cordes and john dickerson i don't know they go from here. scientists say this may be the missing link that ties all of humanity together. jim axelrod and the discovery that may upend what we knew about humans. and testimony comeback of the humpback. an american biologist tells "60 minutes" about one of the great success stories in all of conservation. >> reporter: so you speak whale but you don't understand it? >> absolutely.

(laughs) (laughs) captioning sponsored by cbs nsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: good evening. who knew that breaking out of prison could be so easy? prison officials in florida admitted today they released a convicted murderer after receiving a forged court order. and if you think that kind of thing could never happen again, it did-- with another murderer less than two weeks later. a manhunt is now under by that the orlando area for these two escapees and we have more on this story from our senior correspondent john miller. john? >> reporter: scott, this scheme involves someone with knowledge of the law, legal documents, and the audacity to use the name of a famous judge. it was a less-than-daring escape. in fact, on two occasions-- 11 days apart-- the guards walked the killers out the front gate. joseph jenkins and charles

walker, both 34, were serving life sentences at this florida prison when officials released them. it happened after the prison received these forged documents bearing the signature of circuit court judge belvin perry granting a reduction in the two killer's sentences and ordering their immediate release. judge perry said the scheme was low tech but clever. >> if you have some fundamental knowledge-- not a great deal of knowledge but some fundamental knowledge concerning the computer system-- it's easy to go on and lift that signature and affix it on something else. >> reporter: in fact, judge perry's signature may be the easiest to find in florida as the presiding judge in the casey anthony murder case, his signature appears on dozens of court orders posted on the web. but judge perry suspect there is may be more at play here. >> it doesn't take a rhodes scholar to realize that they had

some outside help and hopefully the authorities will be careful -- figure out who their outside help was. >> reporter: misty cash is a spokesperson for the florida department of corrections. >> we initiated our typical procedure for an inmate release. the department followed our procedures and protocols to the letter. so in this instance the department didn't do anything wrong. >> reporter: and, in fact, the only way that authorities discovered the wrongful release of these two murders was following those very procedures. they notified the victims' families that they had given them early release and the victims' families called the prosecutors and said "how did this happen?" they called the police and then, of course, they unearthed it's a scam. >> pelley: question becomes, john, they're just finding out about these men being released. have others been released in florida using the same scam? >> well, so far the answer is almost yes. this spring there was another inmate named jeffrey forbes doing time for the attempted

murder of a police officer who had dummied up a similar forged order and was about to get out when a detective checking the database for another case stumbled across it. so between these cases and that case, they're now scrubbing all the files because they are sure these are not the only incidents. >> pelley: john, thanks very much. well, the nation awoke to the news this morning that the government was reopening after the president signed just after midnight a deal to post-phone budget crisis. the deal funds the government and authorizes the government to borrow money to pay its bills but only until early next year. thousands of furloughed federal workers were called back to their jobs, including richard dorner, the man who winds the historic clock in the senate, the ohio clock, as it is known. it stopped during the shutdown. national parks-- including the lincoln memorial-- reopened and on wall street the s&p 500 celebrated by closing at an all- time high. but work on a budget deal is just beginning. nancy cordes is on capitol hill.

>> reporter: bright and early this morning lawmakers launched the spending negotiations that were a key provision in the bipartisan deal to reopen the government. >> our job over the next eight weeks is to find out what we can agree on. and we have agreed that we are going to look at everything in front of us. >> reporter: the top negotiators are senate budget chair patti murray and house budget chair paul ryan. they'll have to find a compromise between democratic and republican budgets that are $4 trillion apart. is there a specific dollar amount in deficit reduction you're aiming for? >> it's too premature to get into numbers. we're starting our discussions but let's understand what we're doing here. we're going back to regular order. this is the budget process. the house passes a budget, the senate passo a budget, you come together to reconcile the differences. >> reporter: the biggest differences? the republican budget calls for revamping medicare, giving seniors vouchers to buy insurance.

democrats say no. the democratic budget calls for nearly one trillion dollars in new tax revenue. republicans say no. the two sides are so far apart they have not even attempted to combine their budgets in four years which has led to funding fights like the one that just ended. >> the yays are 285, the nays are 144. >> reporter: democrat chris van hollen tried to temper expectations for these talks. >> nobody can guarantee success, but what we can say is that if we don't make the effort and get the other to talk that would guarantee failure. >> reporter: if they do fail, lawmakers could be fighting over another short-term funding measure when this one expires in january. but the senate republican leader mitch mcconnell said in an interview today that his party will not be provoking any more shutdowns, sending a message to his house counterparts, scott, that he doesn't believe this

strategy is a winner. >> pelley: nancy, thank you. the president had long insisted that any bill to fund the government must not roll back the funding for his health care law. he got that. but congress added some additional spending to this deal including as much as $450 million to repair roads and bridges damaged by floods in colorado and as much as $2.9 billion for a dam project in kentucky-- the home state of senate republican leader mitch mcconnell. many republicans did not like the sound of more spending in this battle over the budget. we wondered how voters felt about the shutdown strategy the day after in congressional districts that have conservative tea party influence. mark strassmann went to find out. >> reporter: two weeks ago, we sat down with conservatives in cashers, north carolina, who supported the shutdown. ken fernandez, the president of the chamber of commerce, told us he was worried about a government default.

>> october 18 comes and the government is still shut down, what happens? >> reporter: today those same three voters are relieved there was no default but angry. >> i'm very frustrated, very angry. part of me says we need a bigger slap in the face than what we got in the last couple weeks to wake the government up. >> reporter: would you be willing to risk another government shutdown for real long term? >> if that's something that will actually work. if it works, great. but i don't know if that's going to work. maybe it's going to take something else. >> reporter: realtor jane ebbers was upset the bill had additional spending. >> it didn't get better, it actually got worse. they created more debt with what they passed last night. >> reporter: was the shutdown in the end worth it to you? >> it was worth it. it sent a statement to washington to get their fiscal house in order. >> reporter: but you didn't get that. >> we didn't get it. but i think the message and the amount of attention and the interest in the american public should get their attention that they need to do something, they can't continue on this path,

it's a path of destruction in the future for our economy. >> reporter: vic is a retiree. >> i think tea party has hurt itself, i think the democratic party has hurt himself, i think the republican party has hurt itself and i think the president has hurt himself. >> reporter: and when people say "no compromise"? >> if they're saying no compromise on both sides, then we've got the wrong people there. >> reporter: their congressman is mark meadows a freshman republican who encouraged speaker boehner last month to shut down the government. meadows voted against the budget deal and, scott, his constituents we spoke to today supported that. >> pelley: mark strassman in our atlanta newsroom. mark, thank you. president obama said today there were no winners in the budget battle, but what about the republicans? john dickerson is in washington, he is our cbs news political director. john, did any republicans come out ahead in this? >> if there were no winners, there were republican losers, but there were two figures who improved their standing among the people that matter to them most. the first was senator ted cruz

of texas. he didn't harm the president's health care plan-- which was his initial intent-- but for his supporters it wasn't about winning, it was about fighting. year after year they hear republicans promise that if elected they will fight for smaller government. but those officials go to washington and they wilt. senator cruz never did and now he's a leading voice for those conservatives. in the house, speaker john boehner gets similar credit. he says his job is representing the will of his members, but conservatives have long been suspicious that he doesn't really fight for them. in this showdown over the president's health care plan, it was not a fight john boehner wanted but he fought hard until the end. the trust he built up by doing that will help him in future fights. >> pelley: john dickerson, thank you very much, john. the national zoo won't be reopening until tomorrow but the web camera that shows the baby panda went back online this morning with the opening of the government. this is what the cub looked like before the web cam went dark on october 1.

it only weighed three pounds. but now it's up to five pounds and it can open its eyes. the government shutdown began on the same day that the health insurance exchanges created by obamacare opened online. many who tried to enroll on these exchanges run by the federal government have had a lot of trouble. we wondered what was happening in the 16 states and the district of columbia that run their own exchanges. here's elaine quijano. >> reporter: new york state is hoping to enroll 1.1 million people in its health care exchange over the next three years. lisa sprana is with the department of health. are you on pace to meet that goal? >> i think we might be competing it. we have about 115,000 people so far who have already come through the marketplace system and have been found eligible for coverage. >> reporter: new york is among the state leaders for completed applications. washington state has processed over 37,000 applications and

kentucky more than 27,000. new york did not use the software designers behind the federal government's troubled exchange. >> you'll see now if you go on to the web site and go through an application it takes about 45 minutes and is really performing in the way that we had expected. >> today's the day all new yorkers can buy a low-cost health insurance plan. >> reporter: sprana credits community outreach and an aggressive ad campaign for attracting applicants. she says it worked so well the web site was overwhelmed the first day with more than two million hits in about two hours. so they expanded capacity. but as more people complete their applications here and on other exchanges, they're encountering a new problem-- figuring out which doctors and hospitals are part of the health plan. that information is missing or incomplete on many of the state exchange web sites. california had to pull its online directory of health care providers because of inaccuracies. california is hoping to make its directory available again next week.

scott, new york state is planning to add a provider directory to its web site in the next few weeks. >> pelley: elaine quijano. elaine, thanks very much. somali migrants have been rescued at sea by the u.s. navy. and the discovery of a skull could change what we know about man's evolution when the "cbs evening news" continues. he "cbs evening news" continues. pl, dicd i'd put these on a salad. these would be perfect for cookies. delicious and nutritious sunsweet, the amazing prune. a man who doesn't stand still.

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>> pelley: the u.s. navy has rescued 128 somali migrants from a rickety boat in the mediterranean sea. they were picked up yesterday by the u.s.s. san antonio the same ship on which a libyan terror suspect was interrogated earlier this month. today, the migrants were transferred to maltese authorities. the somalis are just the latest to attempt the perilous journey from africa in hopes of a better life on the italian island of lampedusa. more than 500 have died in two shipwrecks this is month and yet they keep trying. allen pizzey went to lampedusa to find out why. >> reporter: local islanders call this the boat cemetery. most of these wrecks were barely seaworthy before they got here. desperate migrants fleeing the war in syria or poverty and violence in africa paid smugglers more than a thousand dollars each to be packed into the holds and on to the decks. life jackets were as rare as pity. this syrian couple arrived two

days ago from libya, still too fearful to have their faces shown. they fled from the damascus suburb that came under chemical attack. the boat that was supposed to bring them to europe was only 50 feet long and packed with 300 others so they tried to back out. >> so we told them, no, it's too dangerous, we will not go there. but they have a gun and another people told me "if the you don't go, if you want to stay, they will shoot you." >> reporter: this monument is known locally as the gateway to europe. it was erected to symbolize what so many migrants are willing to risk their lives to step through. it sits on the southernmost tip of lampedusa island, barely 65 miles from the coast of africa. nearly 22,000 illegal migrants have made the crossing to italy this year. countless others have died trying. the survivors who reached lampedusa end up in this camp from which the press is barred. there are 250 beds and nearly 900 inhabitants, including

children. the journey leave miss traumatized with symptoms similar to torture victims. this woman is a psychotherapist with an international charity. >> they say, okay, why am i here and other people are not here anymore? was it possible to do something more? could i have saved someone? >> reporter: but the danger and uncertainty has done nothing to slow the flood of migrants trying to find a better future. allen pizzey, cbs news, lampedusa. >> pelley: we have a couple of political notes tonight. the senate has unanimously confirmed the nomination of caroline kennedy to be the next u.s. ambassador japan. and voters in new jersey elected newark mayor corey booker to the united states senate. booker will fill the seat that was left vacant by the death of fellow democrat frank lautenberg. we'll be right back. lautenberg. we'll be right back.

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>> pelley: humanity's family tree may need some pruning. the discovery of an ancient skull has revealed clues that could shake up the accepted theories of human evolution. jim axelrod takes a look. >> reporter: from the moment they discovered this skull buried under a village in the former soviet republic of georgia scientists knew they had something applause-worthy. 1.8 million years old, this skull may do nothing less than rewrite the history of humanity.

jamie shreeve is the executive science editor for "national geographic." >> it's almost perfectly a complete skull. because of that, it has a lot of interesting information. >> reporter: skull 5, as it's known, belonged to an adult male with a large jutting jaw and brain case less than half the size of a human today. four other partial skulls were found with it dating from the same time but with great variations from each other. the same kind of variations seen in modern humans. >> we don't call modern human pygmies and eskimos different species, obviously, so they think we should not call these different species, too. >> reporter: meaning instead of many branches in our to lead to us, like homo- habilis, or homo-agaster they may all have just been one, homo-erectus.

>> you have to be really careful with this because in paleoanthropology you're measuring individuals in order to make conclusions about whole populations or whole species. >> reporter: like evolution itself, the understanding of it is a work in progress. jim axelrod, cbs news, new york. >> pelley: well, the duties of prince william are evolving since he left the military. today he stood in for his grandmother, the queen, at buckingham palace and presented tennis star andy murray with the order of the british empire. the prince also knighted a teacher. william admitted to being nervous about using a sword for the first time. you know how it is-- you get a song in your head and you can't stop singing it? well, as you're going to see in a moment, it happens to whales, too. the oup! yeah... [ male announcer ] try campbell's homestyle soup brimming with farm grown veggies. huh, just like yours. huh. [ male announcer ] and roasted white meat chicken. just like yours. huh. soup this good could never come from a can.

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>> here we see a male standing on his head upside down singing a song. (whale singing) they are motionless and the song bellows out. >> pelley: the humpback song can be 20 minutes long and they repeat the same song again and again. males in one region will all sing the same song the same way. but next year they'll return with a new composition. so this is air somehow moving around inside their heads that's making this sound in >> correct. >> pelley: even though they don't vocal chords? >> correct. it's like taking a balloon full of air and going whee! (laughs) >> pelley: the sound carries for miles and hauser believes it's all to mark their territory.

>> they take turns singing. perhaps to say "my lungs are bigger, i can hold my breath longer, i can sing a more beautiful song, i'm the dominant male. i'm singing here, you move away and sing somewhere else." >> pelley: can you do some of the sounds that we've heard that >> i think most common whale sound is kind of a (sings in humpback) we get everything. we even have the laughing monkey. (singing in humpback) creeky doors. (singing in humpback) >> pelley: what are they saying? >> we don't know. >> pelley: so you speak whale but you don't understand it? >> absolutely. (laughs) >> pelley: we'll have much more diving with the humpback this is sunday evening on "60 minutes." that's the "cbs evening news" for tonight. for all of us at cbs news all around the world, good night. captioning sponsored by cbs captioned by media

your realtime captioner is mrs. linda m. macdonald i must inform the public that as of midnight tonight, we will be on strike. >> and with that the entire bay area faces commute chaos tomorrow. good evening, i'm elizabeth cook. >> i'm ken bastida. we have team coverage tonight. ryan takeo is breaking the news to commuters. but first, brian webb with what happened today that brought us to the verge of a strike. brian. >> reporter: you know, ken, both sides have gone home, tired and frustrated. the federal mediators from washington, d.c. are going home, too. they gave up. so now there is nothing and no one left here to stop a strike from happening at midnight. both sides were in this building for 30 hours talking almost nonstop and so close to a deal. all that talk about money, it wasn't even the issue in the end.

it was workers' rights versus management rules that killed it. the unions say at the last minute, bart threw in a management's rights clause. they didn't go into detail but decide some safety and overtime -- cited some safety and overtime procedural things they didn't like. management said they needed rules to keep bart sustainable in the future including updating train technology and that was it. after months of negotiations, both sides simply walked away. >> we had come together on areas of wages, pensions, everything they were asking for. we were this close. and yet at the last minute, they threw in a management rights clause to take away our rights as workers. everything else was done and should have been done. >> we need to have a partnership with our unions but it has to be on equal sides. we have put on the table a fair -- a 12% package and for that 12% package we expect to get some