latest from the montgomery county courthouse. >> motion denied, criminal charges can go through, walt/greg, thanks very much. stand by. we will get right back to you. all right. so... . good evening, i'm guess dean with ukee washington. we will go back out to greg argos and walt hunter in montgomery county with the latest on the bill cosby, ruling, guys? >> that is right, there jessica and ukee. just minutes ago the judge here at montgomery county courthouse, ruling in favor of the prosecution. in favor of the district attorney. basically saying that the criminal charges against 78 year-old comedian bill cosby can go forward. walt hinter was inside that courtroom at that time, and tell us how bill cosby reacted and what went down, walt. >> reporter: cosby had taken a five minute break while judge

was in chambers contemplating his decision. mr. cosby came into the courtroom. he has been in there all day now for some seven hours, nine hours, sat down, the judge walked out and for significance of this ruling, it was very, very under stated. judge steven o'neill, in just a matter of a few sentences, regarding this application, by the defense, to basically stop the prosecution, at that motion it is denied. the in essence, the judge, although not saying it from the the bench said that there was word there had been a promise by former district attorney bruce castor in 2005 not to prosecute cosby was, not a legal significance. it would not impede the current prosecution, and so now the the prosecution of cosby, will go forward to a preliminary hearing and trial but there could be an appeal of this ruling by the defense. in one speaking publicly right now. even at this hour to show how litigious how this kate could become they are beginning to hear other testimony in court on another motion by the the

defense, this involving the removal of kevin steele the district attorney as the prosecutor in this case. so, the evening continues, here in court, despite this big ruling that gave the thumbs up for prosecutors. >> we mentioned over the past two days some 13 plus hours of testimony, both from witnesses called by the prosecution, as well as witnesses called by the defense. a lot of that testimony factored honor focused on i should say a 2005 press release by then district attorney bruce castor. that press release was worded in a very unique way, by his own testimony yesterday. some folks interpreted that assaying cosby will never be criminally charged by my office ever. others say that was up for interpretation. that was a central point in this entire decision today, here. >> the other key thing, no written documents in the eyes of the prosecution saying cosby wouldn't be prosecuted. this was all based on a oral

prom that is cosby says that he gave to the attorney for cosby, back at the time, however, that attorney, walter phillips, has now passed away. >> very complicated situation. you have this oral agreement with a attorney who is now deceased that was made more than a decade ago. of course, bruce castor, the former district attorney here in montgomery county, he spoke and testified for what, six plus hours yesterday, saying that he made that agreement. it was a binding, agreement with cosby's then attorney, then criminal attorney phillips. that was the the key point here but apparently the the judge is deciding not to side with castor in this. >> well, the closest that the defense could come to a signed promise, a signed document saying we won't prosecute cosby was a signed press release, by the former district attorney in 2005, a regular press release but with bruce castor's name on it. that did not rise to the standard of the signed contract or signed agreement in the eyes of the judge.

>> what is also interesting today we heard a few hours of testimony from john schmidt who is a current general counsel for comedian bill cosby. thirty plus years as an attorney for bill cosby n cross-examination he was asked about making these decisions and notes different things, especially the the national inquirer interview back in 2005. the the amount of legwork that went into it. all of the documentation. and, the prosecution, the the district attorney, and the district attorney a assistants here made a point that all of that legwork went into documenting, writing up a term but no legwork was going into this possible, permanent oral agreement. nothing was ever mentioned. this 2005 press release that former district attorney bruce castor released to the public. >> i think greg, it is worth mentioning the uniqueness of what we have just seen. the these two days of hearings, veteran judge, veteran prosecutors, veteran attorneys, all using words like extraordinary, one of a

kind, they could find in legal precedent for the type of hearing we have just seen or the the type of decision we have just seen, the prosecution, against cosby, now in high gear, going forward once again. >> gentlemen, i remember kevin steele saying a secret agreement that permits a wealthy defendant to buy his way out of the criminal case is in the right. it looks like the judge has agreed. walt, greg, thanks very much. our other top story a flood watch in effect. >> meteorologist kate bilo tracking things from the cbs-3 weather center, kate? >> thanks, ukee and jessica. lets take a peak is what going on here we have a frontal system moving across the eastern seaboard extending from new england all the way down to the the deep south where nasty thunderstorms are rumbling through portions of the carolinas and georgia. for us, we have not seen much in the way of thunderstorm activity but we are seeing heavy rain moving through and more. it is intensifying as that back edge starts to push through. we are seeing the back edge of

this. bad news we do still have some rain to get through over the the next several hours, and perhaps even some back edge development, for the shore points later tonight. and into early tomorrow morning. so you you can see steadier rain moving in the city, actually southern chester county headed for delaware county and into portions of delaware and south jersey. your flood watch remains in effect right through thursday afternoon across much of the area, that is kind of the combination flood watch, both with what is happening in the near term, ponding on the roadways, and also what is going to be happening overnight and into tomorrow morning. the sun, creeks, streams and rivers will ab approaching or exceeding flood stage. we have a flood warning for cristina river in delaware, it is expect to go into minor flood stage tonight if you live near that area please be safe. minor flooding in the forecast there flood advisory in effect for much of the area, over north and west suburbs, especially upper bucks, montgomery county, western chester county, lehigh valley, and minor flooding is ongoing at some pots and they have seen a inch of rain. it is still raining there now.

it goes until 7:30 tonight. what to expect on the roads? rain and pockets of dense fog, we saw a a lot of fog forming because of the snow cover, still cold and then warm air over the snow, that creates fog. we will be dealing with that tonight. so red light for the evening commute, overnight, the rain moves out the but the the fog still with us, and then improving conditions for your morning. what to expect for the rest of the tonight? we will have have an inch of rain, cross the general area, localized flooding continues and that snow melt is adding to the threat for flooding across the region. areas of dense fog, have already formed, we will look the at visability coming up in a moment and we have a system to watch for thursday night into thursday morning abe it looked like it will stay off shore but now parts of the area could wake up to snow. we will have more on that coming up in a few minutes, jessica. >> kate, we will see you then. some good news to tell you tonight about a young family injured yesterday by a hit and run driver in south philadelphia. two of the three victims are out of the hospital and tonight their relatives have a message for the driver. >> they have spoke to

exclusively to "eyewitness news" reporter diana a rocco and they spoke to her exclusively. >> reporter: that five-year old little girl had under gone surgery at children's hospital of pennsylvania. her family is at her bedside tonight. she was crossing the street here yesterday with her mother and sister when they were struck by a hit and run driver and now the child's fat ther has a message for that driver. >> you really could have killed my family, may have wife and kid. i really do pray thaw turn yourself in. >> reporter: a plea from arthur mcmilan is thankful that his family ace alive. >> i want to know what happened. like who this person is, what did you do this for. why would you hit and run. >> reporter: he works night as an emt and got a call his wife stephanie and two have of his girl, five-year old caitlin and lay lah had been hit crossing the street. the driver never stopped. it happened at broad and dickinson, on tuesday, and a the horrific moments caught on building surveillance video. stephanie suffered head injuries and five-year old caitlin was carried for yard

into the intersection. on the hood of the car. >> my youngest daughter is still in the collar. her left femur is broken. i just thank god that they were alive. i praised the lord thank you for sparing them. >> reporter: police are looking for a female driver and this car, a later model red honda accord with the missing side mirror. >> he is a coward important running and not even stopping. >> reporter: while family has words for the driver they are so grateful to all of the strangers who stopped to help like reverend paul hurricane more more who prayed with stephanie on the street and others. >> i owe you mize life, man because you definitely did talk my wife through it. she remembers saying something will cop, and from the bottom of my heart, we thank you guys. >> reporter: amazingly four month-old laylah suffered a scratch to the face during all of this. her five-year old sister caitlin is in stable condition at chop. police are asking anyone with any information on this driver or this car a red honda accord, to call them. we are live from south philadelphia tonight, i'm diana rocco for cbs-3

"eyewitness news". >> all right, diana, thanks very much for that report. much more to come, when we come back we will talk super

it's about time the taco...came out of its shell. unleash the power of dough. give it a pop. that sound. like nails on a chalkboard. but listen to this: (family talking) that's a different kind of sound. the sound of the weekend. unleash the power of dough. give it a pop. ♪ i was on my way to work, the next thing you know, i was on the ground. ♪ the trash truck ran over both my legs.

♪ i had sixteen surgeries. ♪ i don't sleep through the night unless i have my medicine. ♪ my medical bills was piling up. my employer stopped paying me. pond lehocky has put me back together. ♪ the super bowl count down now stand at day number four, football fans all over your gearing up for super bowl 50

on cbs 36789 payton manning and denver broncos ready to take on cam newton and carolina panthers. some people will be lucky enough to watch the game from santa clara, some luck year fans will be appearing in a commercial during the big game. >> "eyewitness news" reporter alexandria hoff headed to phoenixville to meet a local woman who will be on your tv set,. >> in this spot the ready to hair during sunday's game the nfl celebrates, super bowl's babies. second generation fans born nine months, after their teams took home their respective titles. it includes, seal a parity of his song kiss from the rose and black and gold tanya young. >> my birthday is november 27th, 1976. >> she's a phoenixville high school graduate who has had a stomach exactly what being a super bowl baby, means.

>> yes. >> i remember the moment. >> yes. >> let's just say, young passion for the pittsburgh steelers is only out done by the the passionate most game celebration of her parents following super bowl ten played in january of 1976. >> we beat dallas. twenty-one-17. >> circumstances of her conception were brought to light when a steelers fan club put out a notice for those with birthdays falling in the certain range. >> steelers nation we're rooting for you. >> wow. >> reporter: with the help of the fight song written by her mom tanya made the cut and spent three full days shooting the commercial between pittsburgh and new york. >> very clever, the concept and then having seal in it because it is his song that is amazing. >> ♪ >> nice. so philly fancy think that this brings to us a bright side here.

remember bringing home a title. we don't have to explain what a super bowl baby is and more importantly never have to come to terms were being ones ourself. it is probably the worst. >> yes. >> we will keep our eye out for her on sunday. >> she will be in the third quarter. >> good stuff. >> thanks, alex. sports director don bellies in san francisco and his live reports starts at "eyewitness news" at 11:00. again you can only watch the the game right here on cbs-3. sunday night. now, there is a special week of super bowl shows, leading up to super sunday. friday at 9:00 it is super bowl's greatest half time shows. then saturday night see greatest super bowl commercials, followed by the nfl honors show in which the league will name its mvp and new hall of fame plans. it is all here on cbs-3, your home for super bowl 50. well, democratic national convention is this summer in philadelphia. the democratic national convention committee wants to make sure that local businesses benefit.

>> "eyewitness news" at the kimmel center to day. convention committee partnered with google for first in the series of workshops aimed at small businesses. the goal was to make sure that they have an adequate on line presence. >> we're really trying to see what we can do to help prepare people in their businesses, for convention opportunities. but also, prepare them for after the convention leaves and make sure their businesses have the ability to grow and part of that is making sure that those businesses, have an on line presence. >> more than 100 small businesses, took part in today's workshop. if you are looking for a job, this could be your big chance, home depot says it will hire 80,000 seasonal workers nationwide this spring. >> three on your side jim donovan tells you that 1500 of those workers will be hired in the philadelphia area now a company spokesperson says spring is home depot's christmas and they need more workers because it will be busy. you can learn more about this employment opportunity on jim's blog at cbs philly.com. well, with temperatures in

the 60's, spring is here at the information front but it will not last. >> it will not last. it doesn't feel like spring today. we tied the record of 62 degrees. >> wow. >> but we have a sneaky system, friday morning, some people could wake up friday morning to some snow on the ground. >> sneaky system. >> it was supposed to be off shore but some models, european model inching that a little bit closer to the coast friday morning. we will take a closer look at that coming up in just a moment. we will go from perhaps above average temperatures to rain to possibly a few white flakes waking up friday morning. doesn't look like a big deal though. lets look at what is happening weather-wise outside. you can see our roof cam looking wet behind the ears tonight. rain drops on the the camera lens, low cloud and fog, all across the a area tonight. we do have nasty conditions on area roadways as well. we have ponding. we have got fog. we have low visibility. we have rain smack ago begins windshield. just not a great night to be out and about. if you are walking watch out

for puddles, there air lot of them around center city philadelphia a storm san three shows this system. cold front extending from portions of the the canadian maritime province down to the gulf coast. this is going to move off shore and new wave of low pressure that will track along it as we head into thursday night and friday and that is one that could brush the the coast bringing some spots, threat for a little bit of snow. lets get through this one first and foremost. no snow. way too warm. all rain. you can see pockets of heavier rain one right here over montgomery county, few more moving in new castle county delaware and southern delaware county a and down the shore we have heavy rain at the moment. another several hours of this before it moves off the coast and we will try to clear out into your thursday. temperatures still well a above average 56 at the the airport. fifty-two in wilmington. fifty-six in dover. fifty-four in wildwood. visability depending on where you you are can be low. it is looking fine in philadelphia but down to a third of the mile in trenton. down to 2 miles in wilmington and if you go will continue to be an issue.

it is patchy, but dense but it can come up very quickly. play it safe out there overnight we will see rain depart at 5:00 a.m. lingering shower, perhaps down the shore but then it is out of here. that is good news. you can see for our thursday most of the day looking partly to mostly sunny. not a bad day at all. then we will look at that sneaky system coming through. the as far as tonight is concern between now and 7:00 for next hour or so is when rain will be heaviest. it will taper after 7:00 p.m. toward midnight and after midnight some clearing, turning breezy and still pockets of dense fog. i want to look at the european model as we head in the end of the week. this storm will develop off the the coast. look what happens as we get into 3:00 a.m. friday. just close enough to the coast it brings snow, that is that gray shading here from portions of delaware new jersey up toward new england. it could intensify moving up toward new england. that is why boston, portions of connecticut and rhode island that area under a winter storm watch for this system.

for us it is in the a big deal. coming up at 11:00 we will look at new models and tell if we will accumulation but at most down the shore possibly a coat to go an inch or so. overnight period of rain, patchy dense fog. 46 degrees. your thursday is partly sunny and breezy. fifty for daytime high. you're witness weather seven day forecast, well, you can see thursday 50 degrees, for your friday a morning snow shower to the east, mainly and in the city there could be a few flakes and quiet the through weekend, still keeping an eye on next tuesday. stay there we will be

leslie joins us as we get close to super bowl 50. everybody wants to be in tip-top shape. >> but. >> including, payton manning, who is absolutely one of the best quarterbacks of all time, and injuries are a part of the football game and at 39, payton manning is no strange tore seeing the doctor as he

prepares for what could be his final game. he has taken a light hearted approach to what doctors tell him about his medical future. >> when you have injuries, when you have surgeries, the the doctors sometimes will mention to you whether you ask him or not hey you are probably headed for a hip replacement, you know, at a certain time in your life. i said doctor, i didn't ask you if i will have a hip replacement. i didn't need to necessity that at age 37 but thanks for sharing that. i look forward to that day when i'm 52 and having hip replacement. >> vinny cure i is off the market, eagles signed him to a five-year deal worth 47 million, 23 million guarantied. curry says he really didn't wanting to anywhere else. >> i told my ago, i said look, find out the market, you know, i'm like at the end of the day, i bleed green. i didn't really want to push it to the limit there. >> and the phillies with the moves they traded former first overall pick and local product

jesse biddle to the pirates. the 24 year-old is recovering from tommy john surgery and will not pitch this season. he had been designated for assignment earlier in the week. biddle has struggled his past few years after being considered one of the best prospects in baseball. considered one of the best prospects in baseball. we will be right just by switching to progressive. so you'll be bringing home the bacon in no time. sorry. get a free quote at progressive.com.

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we are continuing to follow breaking news in the bill cosby case a montgomery county judge rules the case can move forward. >> just moments ago the judge made another ruling, and that is district attorney kevin steele can stay on the case. the preliminary hearing is now set for march 8th, and you see bill cosby leaving the courthouse just moment ago after two days, we will have very latest on "eyewitness news" at 11:00 and on cbs philly.com. weeknights at the

11:00 you asked and nicole brewer answers your good questions. we have watched code black, you know, medical dramas. >> um-hmm. >> doctors are already saying, that. >> that. >> and, today's question is do doctors run around the er saying stat? nicole will have the answer to that question tonight at 11:00. >> it goes back a long way. a lot of medical shows, stat. >> thanks for watching "eyewitness news" at 6:00 we are back at ten on our sister station the cw philly. we are back here on cbs-3 at the 11:00. coming up next, "cbs evening news". healthy mergecy in the united states as zika a a virus threatens to spread beyond florida. doctor john le puke is in brazil with what you need to know. from new york here now is scott pelley. take care, we will see you on the cw and right here on cbs-3. have a good evening.

>> pelley: a health emergency has been declared in florida with nine cases of zika virus and all the right conditions for more. also tonight, devastating tornadoes in the deep to walk od see this, that this could happen in a matter of seconds. >> pelley: as the candidates campaign in new hampshire, trump calls for a do-over in iowa. and the incredible super bowl record set by a photographer. >> i had two of my heroes together in the same shot. >> this is captioning sponsored by cbs this is the "cbs evening news" with scott pelley. >> pelley: and we'll start with breaking news. a tornado has touched down this evening near fort stewart in georgia. early reports