tonight, the grand jury member in the breonna taylor case breaking their silence. the anonymous juror allowed to reveal what happened behind closed doors after a very rare judge's ruling. they say the grand jury was never allowed to consider homicide charges against the officers because prosecutors didn't think they could stick. and what they say kentucky's attorney general got wrong. tonight taylor's family reacts. two officers shot, one killed in the line of duty. a 41-year veteran of the force. the suspect under arrest tonight with two weeks until election day first lady melania trump canceling her return to the campaign trail. the lingering covid

symptom she's battling and the president lashing out over the change for his final debate against joe biden. the plan to mute their mikes. the justice department accusing google of an illegal monopoly the major antitrust action announced today. what it means for your online searches. the controversial vaccine trial, researchers planning to inject healthy volunteers with the live virus in 40 states cases on the rise. inside the strike teams being deployed to nursing homes and the items to stock up on now before winter comes. and jeff bridges revealing his battle with cancer, and his message to fans. >> announcer: this is nbc "nightly news" with lester holt good evening, everyone the wall of secrecy that normally surrounds the grand jury process has been pierced in a case that has captivated the country. an anonymous grand juror in the breonna taylor shooting case now permitted to talk, says the panel was never given the option to indict police officers with homicide taylor, an innocent

woman, was shot and killed by louisville officers in her own home during a bungled raid, but no one was charged in her death our gabe gutierrez tells us more. >> reporter: tonight in a rare rebuke an anonymous grand juror in the breonna taylor case now says questions were asked about additional charges and the grand jury was told there would be none because the prosecutors didn't feel they could make them stick adding the jury never considered homicide charges because they were not given the option the 26-year-old former emt was shot and killed at her apartment in march during a botched drug raid no officers were charged in her death, though one who's pleaded not guilty was accused of wanton endangerment for firing bullets that ended up in another apartment. kentucky's attorney general, daniel cameron, said the actions of the two other officers were justified because they opened fire only after taylor's boyfriend shot at them first >> the rule of law must apply >> reporter: police say they identified themselves her boyfriend insists they didn't.

now the juror says the grand jury didn't agree that certain actions were justified nor did it decide the indictment should be the only charges in the breonna taylor case >> arrest the cops >> reporter: a case that has fueled protests worldwide today a kentucky judge ruled jurors could speak publicly >> at this time our clients do wish to remain anonymous we are still assessing their position moving forward. >> reporter: grand jury proceedings are typically secret by law, but previously the attorney general's office released 15 hours of audio recordings, revealing at one point at least the jurors wanted to hear more. >> we're not going to show all the videos.

just because of time >> we've got time. >> reporter: kentucky's attorney general says he disagrees with the judge's decision but will not appeal it, adding that he only asked for the charges that could be proven under state law. taylor's family is asking for a new special prosecutor and another grand jury lester >> gabe gutierrez, thank you. in houston a veteran police officer was shot and killed today as he responded to a report of a domestic dispute police say the suspect shot sergeant harold preston several times in front of his apartment. another officer was wounded and is in stable condition the officers returned fire, wounding the suspect, who was under arrest sergeant preston was 65 years old he'd been on the force for 41 years with just two weeks now before election day president trump is in battleground pennsylvania but not with first lady melania trump as she called off her trip late this afternoon. geoff bennett has the latest >> reporter: first lady melania trump was set to join the president at a rally in battleground pennsylvania tonight planned as her first public appearance since recovering from coronavirus. but this afternoon canceled an aide citing a lingering cough. coming as the president continues to criticize the commission on presidential debates >> i think the whole thing is crazy >> reporter: over their new plan to

prevent another debate debacle. >> why wouldn't you answer that question >> because the question is -- >> supreme court justice radical left -- >> will you shut up, man? >> reporter: the commission announcing late monday that president trump and former vice president joe biden will have their microphones muted during portions of thursday's final match-up president trump telling reporters monday night, "i'll participate. i just think it's very unfair." biden off the trail today, preparing for the debate back in delaware with election day two weeks away president trump offering this contrast with his democratic rival >> they want to raise your taxes i want to lower your taxes. regulations, all of that but the bottom line? the american dream the great american dream versus being a socialist hellhole >> reporter: in fact, biden proposes raising taxes on corporations and the super wealthy to help fund priorities like manufacturing, clean energy, and childcare. >> so you can raise a lot of money to be able to invest in things that can make your life easier

>> reporter: experts now saying high earners in new york and california could see their combined federal and state tax rates jump from roughly 50% to more than 60% but biden says under his plan no one making less than $400,000 a year will see their taxes go up. president trump has repeatedly promised middle-class tax cuts but has yet to provide a plan or specifics. and president trump is making headlines tonight for cutting short an interview with lesley stahl of "60 minutes. the president then taunting her on twitter and threatening to release his own recording of their interview. a source telling me it all unfolded after the president grew irritated with her line of questioning. lester >> all right, geoff bennett at the white house. thanks also breaking, the justice department suing google in a massive antitrust suit, arguing it's far too big, abusing its dominant position, and squeezing out competitors. tom costello on what it might mean for you. >> reporter: few companies get so big

their very name becomes a verb but ask any american which search engine they prefer, the answer is almost unanimous. >> google. >> google. >> google. >> i always go to google >> reporter: 90% of online searches are run by google. companies pay to place those ads that pop up at the top of your every search now the justice department says google is so dominant because of deals it struck to be the default search app on phones and computers, elbowing out wannabe competitors like yelp. >> i think what yelp is hoping for is just really the chance for a level playing field where we can compete on the merits. >> reporter: in a statement google says the lawsuit is deeply flawed "people use google because they choose to, not because they're forced to or because they can't find alternatives. but it's the doj's biggest antitrust action since it sued microsoft in the 1990s. 11 republican state a.g.s have joined the suit democrat state a.g.s are also investigating google if google were to be

penalized, other tech giants could also be targeted >> probably nothing is going to change about how you search the internet or how you use your smartphone, but this could pave the way for a wide array of changes down the road >> reporter: a global tech giant now in a giant legal fight. tom costello, nbc news, washington while some americans have grown more skeptical about the safety of a covid vaccine, an aggressive and controversial approach to testing vaccines has just been announced. here's richard engel with that. >> reporter: scientists at this london hospital are preparing to deliberately infect volunteers with the coronavirus to test the effectiveness of vaccines and treatments the so-called challenge trial is much faster than what's happening now with volunteers around the world who live normally at home and may or may not ever become infected. in a challenge trial infection is guaranteed sophie rose, a student at johns hopkins university studying in the uk, wants to take part

>> the best way to tackle this problem is to start with these trials in a young healthy population where the risk is lower. >> what happens if one of these volunteers dies >> so when these sorts of trials are designed, they are definitely informed and it is acknowledged that there is a risk of death >> reporter: the first step infect 90 volunteers 18 to 30 years old with the minimum required to get them sick enough to then test vaccines or treatments but not enough to make them seriously ill. some researchers object on ethical grounds. >> they inject healthy volunteers with a virus for which we have no cure at the moment if we would have a cure, an effective treatment, i would be all for it >> reporter: the challenge trials still need approval here in the uk butrly as january lester >> richard engel tonight, thank you there are disturbing double-digit increases in hospitalizations with several icus now maxed out and a new

warning tonight about nursing homes. with that here's miguel almaguer. >> reporter: geographic location has made little difference for the spread of the virus. in austin hospital admissions are up 50%. in bismarck active cases have more than doubled. and now in chicago we are in the second surge. >> reporter: it's not just cities strained but entire states struggling north dakota has the most cases per capita in the country in north carolina some hospitals are overwhelmed. and so are staff >> it's real it's very real there's probably not a day i don't cry. ♪ >> reporter: after clubs reopened in miami, county officials went to court monday to get a curfew home to more than half a dozen major theme parks, after weeks of pressure the state

eased restrictions but the largest, disneyland and universal, still can't reopen but authorities say colder weather is driving smaller indoor gatherings too, contributing to the new surge. claudia martinez, who lost her father raul to covid, is among the many families struggling today >> he was the funniest guy. he loved family. >> reporter: with the elderly at higher risk, tonight in a growing number of infections and dozens of deaths have been reported at nursing homes. those who first took the greatest toll now again paying the highest price. miguel almaguer, nbc news >> reporter: this is kate snow. with cases on the rise at nursing homes, some states have already been preparing >> we've been activated for carolina village. >> reporter: in henderson county, north carolina a strike team responds anytime a nursing home

has two or more covid cases. >> we're going to get there, we're going to set up hot zone. >> reporter: today is just a drill they set up tents outside, gear up and build temporary walls inside to isolate sick residents from healthy. >> the wall's going right here at the end of this hallway right here >> reporter: kim lughart works nights in a factory but here she's an expert on how to fit staff for personal protective gear >> the biggest risk is when you take your ppe off. when you're taking off your gowns and gloves that's when you have the highest risk for contamination. >> reporter: so your job is to teach them how to do it correctly? >> to reinforce what they already know. >> reporter: are you trying to stop it from spreading as fast as it would >> we're trying every way we can >> reporter: mark sheppard has been rappelling down mountains or responding to hurricanes for 20 years. the pandemic is just as big a threat. >> this is our most vulnerable population in henderson county. this is me and you 40 years from now and we want to make sure they're supported. >> reporter: a federal panel formed to look at nursing homes called for a national strategy for testing and delivering rapid turnaround of results, ensuring a three-month

supply of ppe and better communication with families. 42% of covid-19 deaths have been at nursing home or assisted living facilities. researchers are scrambling to find therapies that might stop the spread. >> we've been married for 68 years >> reporter: herb and juanita stoltz are part of a unique study, bringing an experimental antibody treatment directly to residents when a nursing home has an outbreak why did you want to do this >> he called me up, says juanita, i signed up to do this trial. and you can't go in there. i said honey, i've been with you all over the world. i'm going to go there too. >> that's it >> reporter: drugmaker eli liing the treatment across 92 and 96 herb and pe all help their grandkids and give them precious time >> you know, we may only have a few years together and we want to be together as much as we can. >> all right kate snow with that report

today experts report the number of people suffering from anxiety and depression hit an all-time high in september here's anne thompson >> reporter: from the sound of sirens to the distressing headline >> as covid-19 rises in 38 states >> reporter: the coronavirus now taking a toll on america's mental health. other people's issue and it became really real >> reporter: 26-year-old nicholas clark lost his job as a bar manager and is trying not to lose hope >> when you start getting those dark thoughts, it's hard to even want to get out of bed some days it's hard. >> reporter: the pandemic has been hard on everyone. new data from mental health america says there was a 634% jump in people using its online tool for anxiety. an 873% increase in those seeking information about depression are we in a mental health crisis? definitely in a mental health crisis right now. what we're seeing at

mental health america is unlike anything we've seen before. and we need to do something about it >> reporter: the data shows it is particularly dire among young people salt lake city teen hallie is among the many isolated from friends and the familiar >> my anxiety just like taking over me. >> their lives have so been cut out from underneath them. >> reporter: in september more than half of 11 to 17-year-olds reporting thoughts of suicide or self-harm, the highest rates among lgbtq youth. with almost 1 in 5 americans now living with a mental health condition experts say it's okay not to be okay and ask for help. in a time unlike any other. lester >> all right anne thompson, thank you. in 60 seconds, actor jeff bridges' cancer battle and the warning signs everyone should know about.

back now with actor jeff bridges revealing a battle with cancer. kristen dahlgren now with his important

message to fans. >> reporter: perhaps best known for playing a lovable slacker. >> i'm the dude. so that's what you call me. >> reporter: jeff bridges is now in the fight of his life. tweeting "as the dude would say, new expletive has come to light. he announced he's battling lymphoma adding "i feel fortunate that i have a great team of doctors and the prognosis is good. lymphoma is a type of blood cancer that develops when abnormal white blood cells grow out of control the 70-year-old oscar winner did not say which type of lymphoma he has, hodgkin's or non-hodgkin's. >> in general, you know, the prognosis is quite favorable. there are obviously some exceptions. but for someone who's otherwise in good health and with the therapies that we have available now most patients do well >> reporter: both types have similar symptoms, including enlarged lymph nodes, fatigue, unintentional weight loss and drenching night sweats and both are often treated with chemotherapy but since symptoms can

be caused by many other things it's important to see your doctor, even during this pandemic. >> how worried are you that people are delaying going to see their physicians when needed >> it's very worrisome. set up a video call. set up a telephone to maybe get some testing to try to understand whether there is something more ominous. >> reporter: there is no screening for lymphoma, but 2/3 of americans recently reported delays or cancellations in other cancer screenings during the pandemic. another harsh reality in what is already a tough year, causing one twitter user to write, "hey 2020, leave jeff bridges out of this. >> the dude abides >> reporter: kristen dahlgren, nbc news, new york a short break. up next, what to stock up now ahead of a potential twindemic.

history has been made in space. nasa's osiris-rex probe successfully touching a moving asteroid to collect samples 200 million miles from earth in "the price you pay" tonight, with concerns of a potential twindemic this winter jo ling kent has the items to stock up on now while you can. >> reporter: outdoor heater company aei has been in business for 55 years, and it's never seen a surge like this. >> we're going to be seeing unprecedented demand two, three, four times more than we've seen ever before. >> reporter: the scramble to stock up comes after a spring

when toilet paper and bread flour ran out, a summer of sold-out bicycles and trampolines, and now retail experts say patio heaters, home office furniture and equipment and appliances will be the hottest items as consumers dig in for the long pandemic winter ahead deliveries of freezers are up nearly 100% over last year portable dishwashers up nearly 50%. at aei restaurants are snapping up those heaters to keep operating outside. while individuals try to score them too. >> what are you doing to close the gap >> i just don't think the demand is going to be able to be fulfilled, that we're going to be able to keep up with it. >> reporter: so what should you do if one of those hot items is on your checklist? >> we're not going to see a lot of the promotional activity we've seen in the past and for those who are just thinking about it and on the fence i would say start making your purchases now >> reporter: you can also expect another busy season at grocery stores suppliers stockpiling food and sanitizing supplies hoping to avoid empty shelves as the holidays approach.

lester >> all right, jo ling kent thanks up next, answering an urgent call for help during virtual learning

finally, we want to tell you about the

scary moment during remote learning and the hero teacher who came to the rescue here's katie beck. >> reporter: california high school teacher jennifer peterson never leaves a zoom class before all of her students log off. on thursday after class, two of her students strangely lingered behind. >> i could tell by the looks on their faces that there was something wrong. >> reporter: something was wrong. for the brother and sister virtually learning from home >> 874 saying he came in through the front side window. they saw him run through the house. >> reporter: it was a break-in in progress >> and then she turned the mike back on and she was shouting "help us help us. there's someone breaking into our house. and she just kept yelling "help me, help us." i said okay, i'm calling 911. >> reporter: police responded quickly. the suspect ran through the house and outside, jumping a back yard fence before being apprehended by police all the while peterson stayed connected to her students >> i told them i'm not going anywhere, i'm right here i'm staying with you and i think that helped them. >> reporter: the children's mother

eternally grateful for their vigilant teacher, who on an ordinary day took extraordinary measures katie beck, nbc news >> pretty remarkable that is "nightly news" for this tuesday thank you for watching, everyone i'm lester holt. please continue to take care of yourself and each other good night [cheers and applause] ♪ ♪ i waited 'til i saw the sun ♪ i don't know why i didn't

come ♪ ♪ i left you by the house of fun ♪ ♪ i don't know why i didn't come ♪ ♪ i don't know why i didn't come ♪ ♪ out across the endless sea ♪ i would die in ecstasy ♪ but i'll be a bag of bones ♪ driving down the road alone ♪ my heart is drenched in wine ♪ but you'll be on my mind