now on fox 45 early edition. a form rotc instructor accussd of having sex with a student. the evidence presented in his trial that left a jury deadlocked. i got them both on lead and3 that is when she identified herself as animal control keeping dogs on a short leach. how the city is finding owners who don't comply and how one woman is fighting back. i got a check on that. >> a connection obsession. how some area residents unplug.

good morning. it's friday, november 5th. i'm patrice he harris. because it's friday you know what that means, it's your turn turn sound on our facebook feedback face. go to facebook.com/baltimore to become a fan and join the conversation..3 let's see what the weather is going to look. meteorologist steve fertig is here and hopefully the rain is going on way. the showers will taper off. it will be a cool day and warmmr than yesterday by a few degrees. looking at radar and we are dealing with some showers and certainly foo the central and eastern part of theestate. it will move up the northeast as the low pressure continues to move up the coost. the showers expected throughout the morning as the activity that

you see in the eestern part of the state moves through. it will take a little time. 48 degrees starting out this morning. not too bad in baltimore. 47 in salisbury, low 40s to the north and west. headed to 55 degrees for the high nd look for partly sunny skies in the afternoon. ú% will be cool with a 10-15-mile-an-hour wind, breezy as well. here is candaae dold with a fiist look at what is happening this morning. sheehas the traffic edge.ú good morning, candace. >> repooter: good morniig, we start with an accident on the -ain line, it's a crash on the be this lanes of 795 right at the beltway. as a result of this you will find he flassing activity, no need to take an alternate route, though. taking a look at the alternate outer loop stretch toward the triple bridges. in fact the outer loop lanes look good from 795 down toward 95. we're in the green, 12 minutes, 54 miles per hour. on the southbounn 95, toward thú

fort mchenry tunnel, 8 minutes at 55 mierlz hour and nothing to get in the way from the harbor tunnel a 9-minute drive, 54 miles per hour. travels. look at the morning patrice, back over to you. thank you, candace. 5:02 on fox 45 early edition. a judge declares a mistrial in the case of an rotc instructor accused of having sex with a cadet. the jury deliberated but thhy could not reach a verdictt they were trying to decide if charles moore was guilty of having sex with a cadet. she says it happened in a storage closet at appleton high school. the 2 changed more than 300 phone calls during a 3 month period. moore says that he was counseling the girl and they determined that the tracee of semen found in the storage closet did not come from moore. >> i did not want to suggest that the victim in this case had allegedly had sex with someone

else, but i think that that is a reasonable inference. that would explain why her prints are there. that would explain why theee were semen prints there. >> from the beginning they saidú that they had the wrong man and he had did not have asexual relationship or inappropriatee3 contact with the former student. but prosecutors say they will retrr charles moore. he is set to stand trial again at the end of february. a former anne arundel county police lieutenant is headed to jail for child pornography. he is pled guilty tuesday to exchanging graphic pictures with - teenager through his cell phone. his plea deal men's that he will spend 5 years in jail. his official sentencing is set it's a story weebrought you yesterday as a breaking news. the fire happened at a home near

mccleaa boulevard near perring parkway. - man found inside had been stabbed several times. >> we havthey have to dissect tr findings. >> a lot of times people will make attempts to cover up their >> if this case is ruled a murder, it will be the city's 180 homicide of the year. the man has yet to be identified. a westminister orchhrd is recalling its apple cider following several reported case of e. coli. the maryland department of health is investigating the case to see if it's linked to the cider produced at thh farms. so far there's no reports of death but three people have been sickened and sent to the ú%spital. governor martin o'mmlley ann his cabinet have an important issue to iron out, how to eal with a $1.2 billion deficit. is figuring out ways to cut 500

positions byynext june. it's a move that is mandated by lawmakers. there won't be a transition county executive to get situated.ú kevin kamenetz, says his 16 years experience on the council are enough to get him started. he lays out some of hissplans as he prepares to take office. he wants a review of every garment. he wants ideas from department heads on how to use technology more he can tively aneffectiveeo eliminate some jobs through attrition. >> i want to assure our countyy3 employees that i'm notthere coming in as a change age trying to do a wholesale revamping of baltimore government. >> amenetz will use county executiie as a transition advisor. he will be sworn ii on december 6th. senator ben cardin is taking calls of robo calls to i supprrs

voter turn out seriously. cardin is asking u.s. attorney generaa eric holder to investigate. he says the calls which urged people to stay homeeand not vote were meant to suppress voter turn out in proceed dominantly african-american community. she paid the fine but now a woman is suing the city for what it's not doing with that moneyy good orning, joel. %-$600 fine for no letting twoos off the leach for a whilee the dog owwer says she was in the wrong but now she claims that the city is in the wrong for what it has done since. she was here back in june in patterson park. no one was a around so she let the dogs off the leach. that is when she noticed someone else was there and put them that person was an animal.

control officcr. she was slammed with a $600 fine for breaking the law. law was supposeddto create more dog parks where the animals were supposed to be off the leach. righh now only three parks do that. and she is suing the city for not allowing anymore parks. >>it's the reality of the situation. if there was a place for these dogs to goo that wwuld help a lot.ú >> she has beee attacked 3 or 4 times with dogs off of a leach. you tell the owner and they sawlalways say, e is harmless,e is harmless. spokesperson for recreation and parks. they released this statement, saying quote, we love the idea of doggparks but right now it's not in our resources unquote. the county has challenged this,

and the fine was reduced from $600 to $75. she is going to continue with hhr appeal, because there's not that many options but even if it's in a small area, they need a spot to let the doos ruu free3 joel dfl d smith, fox 45 early edition. >> there are dog parks in the city just not in the patterson park area. >> reporter: right that have the area where you can let them run free. with 3 in the entire street that's not enough. the park ann recs will try a few things and fenned in areas in places like patterson park wherr you can let them go a little bit. with this much space, 200 acres heree they think there's room.3 >> all right, joel. thank you so much. a reminder to pass your way from thh marylanddenergy administratton. the deedline for you to get rebates forrbuying energy efficient appliances is quickly -pprooching. you have until november 12th. as part of the program rebates

repllce out dated appliances with energy star equivalent. so far more than $14,000 ii rebatee have been handed out. if ou would like more information about the program, go to foxbaltimore.com/news links. authorities say no survivors have been found following a late plane crash in cuba. officials say the plane went down near a small village after the pilots declared an emergency. 68 people on board the flight are presumed dead. none of the passengers wwre said to be americans. officials are working to determine a cause for ta crash. mmanwhile several jets grounded following an engine failure on a kwan tis airline plane. wwtnesses on the ground heard an explosion and saw pieces of engine fall from the sky. cameras captured the video of them holling that debris. owl 433 passengers on board are

said to be okay after the plane made an emergency landing in singapor. >many of the dead and injuued have severe burns. the clouds of ash rolling down the mountain are o hot, they're setting house on fire. terrifying mmments ú%membered as today marks the one-year anniverrary of a fatal shooting atta millitary base in texas. fox coorespondent marianne lafferty tells us how the tragic daa is being remembered. >> jumped up and started screaming. >> reporter: this soldier was shot four times in the middle of the bloody massacre of november 5th, 2009. >> i had no idea that, you know, this was actually something real. reporter: three people were killed and 33 wounded. he fired shott in a crowded waiting area where soldiers were getting vaccines and other tests.

hasan was an army psychiatrist who didn't want to deploy to ú%gannstan the next month. he is now paralyzed from the waste downnand contained in a wheelchair. >> he s incarcerated, but he doesn't look alive. he looks like a dead man sitttng in a wheelchair. >> reporter: a hearing to determine if there's enough evidence to send him to trial will resume later this month. >> it may be hard to comprehend the twisted logic that led to that tragedy, but this much we do know, no faith justifies these murderous acts, no just and loving god looks upon them with favor. >> reporter: the shooting holddthe somber record of the worst mass shooting on a this pond was created to help soldiers and their families the time of peace after the

tragedy. >> it shows family values evenú after that situation happened heee at fort hood. >> reporter: on friday fortú hood will unveil a 6-foot stone memorial engraved with the 13 victim's names. for many it will be the first tiie since attack that they come together to remmmber what happened. marianne lafferty, fox news. >coming up on the early edition, early voting was it worth the coss or not. there are things that we're going to take a look at. >> the reason many experts say turn out was lower than expected. low pressure continues to move to the north and east and brings with it on the backside still some showers this morning,

5:15 on fox 45 early edition. we are headed into the weekend

weather we are going to have, hi steve. improvement as sky conditions but chillier air on tte way. we will talk about that in a moment. sky hd radar, indicates fewer areas of showers this morning as we look to the north and east. you can see on the eastern shore and on the chesapeake bay near annapolis. seeing light showers for thee3 most part. that is what we're seeing this morning and as we put ttings into motion on the composite image, youusee the light rain indicated by the shades of blue, we may deal with a little bit more for a little while this3 morning as another level of low pressure rises but we will see improvement. 46 degrees in baltimore, 47 in d.c. and 47 in salisbury. out in oakkand, chillier there at 43 degrees there. in oakland, the hiiher elevations coulddsee a couple of snow flakes tonight as we get thh up slope moving ir and the

possibilityyof a couple snow flakes. otherwise we will see the showers moving out of here. what is coming our way, cold air from the north and west this weekend..3 it will be the oldest air this season as we get nearrthe 50s for the high and we see the lows and the winds pick up between the high pressure moving in here and the low pressure departing of the expect to be breezy today and tomorrow as well. keep an eye on tomas the hurricane and it's moving north and east, the west side of 80. higher elevations as part heavy result, for us the u.s. main lookemainland. 60 degrees, shhwers still this morning and intoothe early afternoon for you in the eastern shore, 10-15-mile-an-hour winds so we will be breezy as well. temmeratures will be up around 51 degrees for the central part of the state, where we get a %-the morning showers, learingn the afternoon.

back to tte west we go, look for again, showers early on, bbt then clearing later on in the day paatly sunny later. tonight 35 deggees and ii will be a chilly night especially as the winds get toothe high-end of %-tomorrow another breezz day wh partly loudy skies,,mostly sunny for sunday with ú%mperatures getting to 51, though, so there are the temperatures getting to near 50 and the lows that you see overnight this weekend near freezing. 51 degrees on monday, 611on tuesday, and 62 on wednesday, so we have the milder air, 63 forú the thursday so there's sunshine and keep in mind, the clocks move back this weekend one hour. candaceedold has a look at the traafic edge. >> reporter: we get an extra hour of sleep this weekend, woo-hoo. you will like some the numbers out there, 52 miles per hour on the 95 traveling through white whittmarsh at 64 on the beltway at harford road. there are quite a few accidents this morning, there's one on the

eastbound lanes of 70, right on the beltway. let's take a live look at the area and see how that is shaping up for you. while we don't have any significant delays as a result of ittso we will ontinuu to monitor the situation for you. just watch out for the flashing lights you will find them there. there's an accident on 795, it's a crash on the northbound lanes right near the beltway. here is 695 on liberty oad and you can see that is cruusing along there, inner and outer loop stretch. -aking it from 795, scooting through pikesville, there's nothing to complain about, all the way up toward the 83s. that's a look at the morning travels. patrice, back over to you. -p still ahead, gold isn't te only material experiencing a how copper prices will show itself n stores. >> there's things that we're going to take a look ♪ [ monkey cheeps ] [ male announcer ] a bath becomes even more pleasurable when you know that your water is being heated in an environmentally- conscious way while saving you hundreds of dollars

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overall turn out in tuesday's election was down from 2006. john riddell reports it rekindled the debate whether early voting is really worth the expense. >> reporter: early voting proved to be a big hit with some folks. but new numbers has election officials scratching their

heads. the overall turn out marie lex wass52.5%. that is down from the 2006 gubernatorial contest and that was with no early voting. ú% other states that had early voting, it never proved that it increased voter turn out so is it worth the extra expense. >> reporter: but governor o'malley remains staunchh3 supporter. the state already has plans to exppnd early voting from six days to 7 days including sunday for the 2012 presidential election, but the smaller voter turn out in this general election has prompted some lawmakers to cale back the number of early voting days. >> as far aa early voting days, we will decrease it a couple days, maybe three days. >> reporter: voter turn out figures are misleading since the actual number of people who ú%ted this year was slightly up from 2006, but in the past four years, voter registration has jumped by more than 300,000.

>> i do think there's going to be things that we're going to take a look at, the placement of the locations and diffeeent issues like that to make improvements records some believe that many folks who supported barack obama two years ago failed to show up at the polls this year. >> unfortunately, this mood swing going back and forth is creating a greater number of people who feel disenchanted with the process. >> reporter: but for governor o'malley early voting is here to stay. in annapolis, john ry riddell, x 45 news at 10:00. the cost of early voting was around $3 million another hearing in the ongoing battle between the state police and the naacp. the documents the organization wants authorities to turn over. next sirius

stocks set new high for the year on thursday. one atellite company is surging despite the economy. here is today's business report. >> reporter: gold on a roll, the dow soaring more than 200 points, the nats dak and s&p 500, with major gains. all three major archg averages e highest level of in more than gold spiking above $1,380 for cotton prices have also never ú%en higher. that means when you dress up, you're going to have to pay up. the maker of haines underwear hiking prices by 10% starting next yeer. cirrus xm seeing a serious search in business. it makes mmre than $20 million.

cirrus goes back to quarter. coming up two american students are killed in mexico. the attack ttat claimed their lives. and a judge declares a mistrial in the case of the former rotc teacher accused of having sex with a cadet. i'm egan gilliland, why he is not off the hook just yet. >> reporter: i'm joel d smith, live come on, kids, come inside.

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28 is the time. i'm patrice harris. it's friday and that means it's your turn to sound off on oor facebook page about anything you want. let us know what is on your mind and your response could air on ú%e facebook feedback segment. go to facebook.com/baltimore to become a fan and join the conversatton. noo we are goinn to have a conversation with meteorologiss steve fertig about the weekend weather. it's going to be dry after we get past the light showers this morning. >> okay. >> we can deal with that. >> i'm sure we can. take a look at sky hd radar. you will definitely need an umbrella