mitzvah for their son in scottsdale in march of 2015 left court without commenting. they employed radomski at their scottsdale yoga studio and they paid $7,000 for radomski to receive breast augmentation. some of the charges stem from radomski allegedly flashing her breasts to adults and boys at the bar mitzvah that night. other charges come after the party when radomski who testified to drinking several dr wine was sleeping in one of the boy's rooms. >> we believe that boys went in that room and touched lindsay, fondled her breasts without her permission, was not conscious and was not awake and it was wrong. >> i'm just incredibly happy it's over. thank god. >> the scottsdale city prosecutor painted radomski as the aggressor but the three man three woman jury did not believe that version. >> we have to change the way we

we have to. and lindsay was the victim. but she was treated as the criminal. >> we spoke to scolingsidle -- scottsdale city prosecutor who says she doesn't know why this jury did not convict on the charges. she says she presented her best case the jury made its decision. case closed. she also said she feels terrible for the victims and that her heart breaks for them. as for lindsay radomski, her attorney says she will be returning to teaching yoga. i'm linda williams, "fox 10 news." this just in, a 17-year-old boy has been arrested accused of exposing himself to female joggers in an area called the bridle path. the incidents happened back in july and august. the teen now at the juvenile court center charged with public sexual indecency and indiesen exposurer in indecent exposure. >> a one-year-old boy was rushed to a hospital after found

fire crews say the boy's grandfather found him and pulled him out of the pool there was no pool fence at the home and they believe the one-year-old was able to crawl out through the doggy door and that little boy was able to start breathing on his own but yet has been taken to cardin's children's hospital to be checked out. >> a maintenance worker rescued after falling almost two dozen feet off a ladder. happened at this building near university and 16th street. the man was doing roof work when he slipped from the ladder and elevated platform. firefighters used a lift that was already on the scene to get the man down. crews say he hurt his back and shoulder but is in stable condition. >> the man accused of running over three phoenix police officers intentionally being held with no bail. prosecutors say 44-year-old marc payne is a danger to society and should remain behind bars. and tonight new details about payne's violent actions against officers and his bizarre behavior in court.

the story and she joins us live. >> reporter: marc payne facing a dozen felonies including three counts of attempted murder at his initial court appearance, payne looked confused and out of sorts. he could barely hold himself up and he had his head down throughout most of the hearing. 44-year-old marc payne walked into jail shirtless tuesday evening. the next morning he could barely hold himself up as he stood before a >> i need for you to please stand up straight and give me your name and date of birth. >> marc payne. february 3, 1972. >> payne looked dazed and weak and sounded out of breath. it appeared it was a struggle for him to stand on his own. judge asked him twice to stand up straight. police say payne was under the influence when he allegedly rammed his car into three phoenix police officers.

pending. prosecutors asked for no bail. >> i do find that you do pose a substantial danger to the community. meaning that pre-trail does not feel they can successfully and safely monitor you in the community. and you also have the new violin criminal activity flag which indicates to the court you are likely to commit a future violent crime. payne continued to inflict violence on the officers even after he ran them over. physically fighting with them after the one officer used a taser on payne which had no effect. surveillance video shows payne on top of one of the officers using his fists on him. another officer, the one who suffered head injuries in the crash deployed a taser on payne a second time and he was finally subdued and taken into custody. >> i never seen anything like that before. and i was a crimes prosecutor and this does appear to be one other incident which someone is

>> reporter: it's now up to the county attorney to formally file these charges against payne that could happen in the next couple of days. again, some of the charges he could face three counts of attempted first-degree murder. five counts of aggravated assault with a deadly weapon. two counts of criminal damage and one count of resisting arrest. and the last phoenix officer to remain hospitalized this morning he had been suffering from a concussion. all officers are expected to make full recoveries. reporting live, i'm nicole garcia, "fox 10 news." halfway house in north phoenix will no longer house sex offenders but neighbors are still concerned because they may get other people released from prison. people in the community were upset over the location of the center that provides counseling to newly released inmates. the center which is off i-17 and pinnacle peak road is only a

o'connor high school. the center has said it will not house sex offenders there but some residents say that's not enough. they are worried that other inmates will be there. even if they aren't sex offenders they are concerned. tonight they will hold a community meeting at 6:30 at adams traditional school. a bank customer notices something suspicious and calls 911. turns out her suspicions, his, were right on the mark. two men ended up robbing the bank and when they left, he follow could. and then officers move in and made an arrest. marcy jones has the story tonight. that's right. the good samaritan said he knew something was wrong when a man walked into this wells fargo with a heavy hoody on in 100-degree heat. larry doesn't want to show his face but is sharing his story as a lesson. >> we are sitting waiting on a few chairs here and i mentioned to my grandson, this guy is going to rob this place right

robbed. what he didn't know was minutes later he would be responsible for bringing them to justice. larry says the suspects slipped the teller a photoand when she hit an alarm. the suspect ran and larry followed. >> they let me go out the door and locked it up and i will go get them and sure enough i chased the suspect around the walgreens and took off his sweat jacket and i seen him and i tried to catch him there and threw it in the trash can. >> even though he stepped on a nail and lost his cell phone in the chase, larry not only cau accomplice. adding that he took action out of respect for law enforcement. >> we were waiting for the police officers out there we pray every day for our president and police officers. that's really all we can do. but we could help police officers. they got a big job and like they can't be there and two minutes but they will be there in four or three or who knows. i fell safe. i knew i had backup. >> police of course thanked larry for his brave service but

encourage people to step in because they don't want people in dangerus situations that they don't know how it will end. now larry is hoping there is another good samaritan out there that will return his cell phone that he dropped around bethany and 19th avenue. in phoenix. marcy jones, "fox 10 news." the first day of autumn is one week from tomorrow. but the weather is already starting to cool down here in the valley. 76 degrees this morning at sky harbor. felt great. >> and even last night. you go outside late, 11:00, you can feel a change. more cooler temps on the way. dave, we are starting to get into the sweet zone right now. >> you know, it's one of the things we really start to notice first thing out is when the nightly temperatures start dropping. things are going to be following with the daily high temperatures and take a look at these forecast temperatures for tomorrow morning. 68 degrees out in fountain hills. 66 in mesa. a nice 68 in glendale.

so temperatures coming down and it's not just a one night deal. these temperatures are going to be coming down and they will be staying down for a little bit.& take a look at the ten day low forecast. we start with 70 and get into the 60s and bop back into the 70s again. clear sky with a full moon for a few days here. and then we see a little cloud cover moving in as well over the couple of days that are in here. but if you get a real nice start in the morning, kind of hard to heat things up during the day. we w a look what the high-rise going to be coming up. we will take it. can you believe this? we are 54 days away from the presidential election. that's it. 54 days left on the clock. two new polls out in two big key battle ground states. plus what both candidates are saying about their health. >> he was once the prime suspect in the freeway shootings case that terrified the valley and now that charges have been

has filed a big lawsuit. >> two orphaned bear cubs have a new home in the west valley.

phoenix is gorgeous! warm weather, blue skies, the sonoran desert. and what's better than doing something amazing in my city? doing it for free! hey! we hear you! it's why a-a-r-p is keeping phoenix in motion with fun, free, cultural events for you and your friends. discover the stress relief of our drum circles or enjoy a night at the movies with us. if you don't think this is right for me when you think a-a-r-p, then you don't know "aarp." get to know us at aarp.org/phoenix paul babeu exposed in a damning home video. extreme discipline used on special needs kids at a boarding school he used to run. widespread cases of physical and sexual abuse. students were also stripped down and forced to wear nothing but a sheet. indisputable evidence that congressional candidate supported the abusive practices and even bragged about them. they're there for a reason. because they're hopeless. because they're hopeless. a long history of abuse, the students may never recover.

we have a major shift in the presidential race. two new polls out today out of key battle grounds, ohio and florida show donald trump surging in those states. >> trump has now erased the bump hillary clinton got from the democratic national convention and now he has the lead in both

voters in ohio trump now holds a five point lead with 46% of the voters saying they plan to vote for donald trump. 41% chose clinton. >> let's take a look at florida. trump has now a 3-point lead among like lie voaders. likely voters is a better sample than registered voters because these are of people who will likely turnout. 47% support trump and 44% in both states trump holds the edge among registered independents and white voters large lead among minority voterser the health is taking center stage. hillary clinton has been off the campaign trail while she covers from pneumonia. >> donald trump he sat down with tv host dr. oz to talk about his personal health and medical history. surprising dr. oz by revealing the results of a recent physical. marc martinez joins us now with

was said. >> donald trump has been called a master showman and we have learned that he lived up to that title in his sit down interview with dr. oz that was taped today. trump handed dr. oz a one page summary of his physical that was conducted last week by his personal physician. that's the same doctor who previously said if elected 70-year-old trump would be the healthiest president in history. this was a bit of a surprise is because the trump campaign had said earlier the exam results would not be shared during the taping. take a look. >> if your heal is as strong as it seems from your review of systems, why not share your medical records? >> have really no problem in doing it. i have it right here. should i do it? i don't care. it's two letterss one of is report and one is from lennox hill hospital. >> these are the reports that is from -- all of the tests tests that were done last week. >> and dr. oz then went through

mr. trump that includes his nervous system, ballad and prostate health cardiovascular health, gast know intestinal and family history as well. trump revealed he weighs 267 pounds and told the audience he would like to lose 15 of those pounds. the dr -- will air tomorrow afternoon at 1:00. reporting live, marc martinez, "fox 10 news." wow. i didn't catch that when i interviewed him a few months ago. he didn't strike me as that he is tall but that is -- wow. that's a shocker. thank you. hillary clinton's doctor releasing a letter today releasing the presidential hopeful remains fit to serve as& president of the united states. secretary clinton's health became under scrutiny after she left that 911 memorial service over the weekend and fainted. it appeared as she was getting into a van. she stumbled and was really not looking very fit at that point. it just appeared to be a bad

and canceled a few campaign stops this week. there she is getting into the van and you can see her stumble and lost her shoe. her doctor says she is recovering well and expected to return to the campaign trail tomorrow. well dwoark have some nice temperatures. things are drying out around the state as well. there are some tropical storms out there that are on the shores of america. we will take a look at that and will look around arizona coming up.

isaac hou has mastered gravity defying moves to amaze his audience. great show. here you go. now he's added a new routine. making depositing a check seem so effortless. easy to use chase technology, for whatever you're trying to master. isaac, are you ready? yeah.

we're working on some we were working on brand-new stories for you coming up tonight at 6:00. crews rush to help a construction worker who fell from a ladder. you will see the images of that daring rescue and also hear how the little differently here. >> wait until you hear what a woman is accused of trying to smuggle inside a can of baby formula. that's coming up at 6:00. hi, everybody. it's 97 degrees right now. winds out of the west, southwest at 14 miles per hour. little haze in the background and some windy conditions kicked up a little bit of dirt and dust. 94 degrees in scottsdale.

95 in glendale. 93 in apache junction and in buckeye at this time. winds as we mentioned are blowing pretty good. these are the sustained winds, 21 miles per hour up in flagstaff. 18 at show low. so flowing good. and add the gust to that and we have 20 at payson. 23 miles per hour in sedona. 28 miles per hour in flagstaff with 25 miles per hour at st. johns and whipo rock 29 miles per hour. and we thought we would show y the moisture leaving the state. you can see the dew points are all weighed down. these were in the 60s and 70s. just a few days ago. so a lot of that moisture getting on out of here. 98 degrees the high today. that's sky harbor. 93 in buckeye. 93 out in gateway as well. we had 70 degrees today up in flagstaff. 82 in sedona. 79 at prescott. mid-70s at the grand canyon. mid-90s in yuma.

this is your day, 98 on the high. 76 on the low. 101 and 78 would be your normal high and low. there is your record high at 112. your record low at 58. this is what we are forecasting for tomorrow. it's going to be about the same as today. be a lot of mid-90s. some upper 90s, a few low 90s in that mix as well. 74 at the grand canyon. 71 at flagstaff. 82 the forecast for sedona. 99 in yuma. and 97 at gila bend. look at these overnight lows here. those nice looking 70s, a few 60s into the mix as well. and then we get you to look around the country where the frost warnings are out for montana and some surrounding areas. the rest of the it is flood watches, showers and of course that's julia right there. let's take another look at julia. right now with 40-mile-per-hour winds and kind of working its

southern carolina here and then you can see -- look at the track it's going to take. it's going to make a little circle right here and that's got us right through friday and into the weekend. might move a little bit but that would just be a little bit north. so we are keeping our eye on it because there is going to be a lot of moisture left behind. 70-degree overnight. 95 degrees for tomorrow. and then take a look at what we are looking at here with those 90s, a couple of 100-degree temperatures in there but for the most part upper and mid-90s. watch your thanks. an old bridge will come tumbling down near prescott on friday. the state route 89 bridge over hell canyon will be removed. it's 62 years old replaced with a bigger and better bridge. drivers can expect traffic delays between prescott and i-40 from about 9:00 to 11:00 in the morning. this is on friday. next at 5:00, samsung comes up with a temporary fix to stop some phones from catching fire.

putting this jerms zapping robot to work. how it's fighting off deadly

i'm hillary clinton and i approve this message. donald trump: i could stand in the middle of 5th avenue and shoot somebody and i wouldn't lose any voters, okay? and you can tell them to go f--- themselves! you know, you could see there was blood coming out of her eyes, blood coming out of her wherever... you gotta see this guy. ahh, i don't know what i said, ahh. "i don't remember."

germ-fighting robots.. germ fighting robots that can be really life savers. we are just introduced to the phoenix v.a. hospital. >> we got to see how effective these robots can be in the fight against disease. ty brennan has the story.

those are the names of the new robots at the phoenix v.a. hospital. dressed in their camouflage uniforms, they are used to disinfect rooms inside the hospital. >> we are the first hospital in the state of arizona to have this technology. >> from o.r.s to e.r.s to the icu and the public areas and bathrooms these new weapons are needed. >> what we are trying to do is ensure that we limit in the our hospital acquired infec >> we are exceedingly excited to work with the v.a. and partner with them in reducing the health care associated infections and surgical site infection rate in the veteran population. room, bed and the equipment and then the robot comes in and eliminates any germs and dangerous bacteria that can't be seen by the naked eye. >> germs are getting smarter and smarter. they are adapting to the environment. and are becoming more and more

to examine for any germs and super bugs left behind. >> the germs have not adapted an ability to overcome that technology. and therefore it is effective on bacteria, viruses and spores. >> some super bugs have become recysteine to antibiotics and cleaning chemicals. so these robots work as another line of defense but the v.a. staff says washing your hands is still the most important thing in preventing infections and thevich a. says these robots don't replace that. samsung galaxy note 7 that company wants you to do a software update right away. the goal is to keep the batteries from overheating. the software fix will keep the phones from recharging from beyond the 60% mark for now. the sam sj plans to issue new note 7s with batteries that the company says will not be prone to overheating and catching fire. those are due out in south korea next week.

>> put asbusicate in your pocket. >> at least down load the update. coming up, the act of kindness by one young girl for her neighbors who lost their hows home to a fire. a man is in trouble after pull out an unusual weapon during a road rage incident. >> attorneys for accused and now freed freeway shooter leslie merritt file a lawsuit against county attorney bill montgomery. what do they want for leslie

valley's top stories over the one of the top stories over the last year and a half. the shooting along valley freeways. people were horrified and afraid to drive. tonight the man who was once accused and charged with being the shooter has filed a lawsuit. steve krafft joining us live

that's right. this lawsuit claims false arrest and also false imprisonment. >> the heart of the lawsuit is 22-year-old leslie merritt, jr.'s claim there was a rush to judgment when he was arrested. causing him to be locked up in jail for 222 days for a crime he did not commit. >> as we stand here today there is no evidence whatsoever to suggest that the i-10 shooter, that he ever has been or ever will be. phoenix is absolutely no safer than it was at the time of merritt's arrest. >> merritt's attorneys argue the state's own expert say there is no link between merritt's gun and the freeway shootings. in april a maricopa county superior court judge dismissed the criminal case against leslie merritt. county attorney bill montgomery says the investigation remains