went from 70 miles an hour to 106 miles an hour. that is -- i mentioned before, that is not a casual increase, that's not a momentary distraction. that's not oh, i wasn't paying attention for a second and off i went. >> bossian was asked about distractions. he says that including his cell phone he says that he remembers taking it out of his back pack, turning it on and calling 911 after the derailment. live in the digital operations center, mitch blacher, "nbc 10 news." >> does the ntsb investigation reveal if anything was wrong with the track or the locomotive? >> at this point the mechanical report does not reveal any problems but bosnian did tell investigators on the way from new york to washington while he was going to turn around to come back up north through philadelphia he did encounter a problem with a speed sensor but that it was fixed in baltimore. >> thank you, mitch blacher with

that. right now bosnian is on unpaid leave, the associated press visited him at his parents' vacation home in late december he said he could not speak about the accident while the investigation was pending, citing instructions from a lawyer. eight people were killed when the train crashed last may including a naval midshipman, a bank executive and a tech company ceo. more than 200 were hurt. victims and their families have filed more than 60 personal injury and wrongful death lawsuits in the wake of the crash. they are being consolidated and assigned to a federal judge in philadelphia. >> and count on nbc 10 to follow this case and bring you new updates as we get them and on line right now you can read the two interviews investigators did with engineer brandon bosnian on the nbc 10 app. >> amtrak officials are also trying to figure out what shattered the windows of one of its trains last night near the

spot of that deadly derailment. a passenger who says she was on the train tweeted this picture of the damage. the express was headed to new york from washington just before 7:00 last night when the unknown object cracked a window. late this afternoon we talked to a passenger who was sitting at the window when it was hit. >> there's i think a wave of emotion that certainly came to me in terms of wow, what if this wasn't bullet proof and a possibility of what could happen. >> the train was hit as it traveled through bridesburg. no one was hurt. now to decision 2016, today is the first real test for the crowded field of candidates vying to be our country's next president. the iowa caucuses begin in less than four hours. nbc 10 is dedicated to bringing you complete coverage of this next major phase of what promises to be a wild political season.

lauren mayk traveled from philadelphia to iowa to cover today's caucuses where turnout is expected to be high and republicans could come out in record numbers. lauren is joining us from des moines. can you feel the excitement? >> reporter: jim, first, let me show you where we are. this is a huge media filing center here in des moines where we'll watch these results come in this evening. now, this is a busy day and the campaigns, they are not taking any chances. before i even left my hotel today i saw those final commercials rolling. i ran into folks going out to canvas for hillary clinton going out to knock on doors for her. that is happening across des moines and across iowa today. these caucuses happen at the same time. at 7:00, you can't just vote on your lunch hour and you got to make sure your supporters are there. political ground zero here in

iowa, democrats and republicans are in their final hours of persuading caucusgoers. >> you haven't had a winner in iowa in 16 years, we're going to have a winner you better believe it. >> polls show trump clinging to a 5-point lead over ted cruz. this mailer sent by the cruz campaign is creating controversy, labeled voting violation, it claims to be official public record with a grade based on how often residents have caucused. there is no violation for not voting. cruz defends his campaign. >> i will apologize to nobody for using every tool we can to encourage iowa voters to come out and vote. >> even tighter race on the democratic side with hillary clinton and senator bernie sanders nearly neck and neck. clinton dished up the donuts and coffee telling nbc's today show her volunteers are keeping her energized. >> we knocked on 125,000 doors

this past weekend. there is so much excitement. >> turnout is key. if lots of new voters show up especially young voters it could be a good night for sanders. >> young people are really upset especially as they are getting into the political scene, and they are seeing a lot of the way things are managed and not happy. >> looking for change, tonight is their chance. >> reporter: for those of us not from iowa, this is different. coming up at 4:30 i'll introduce you to a philly guy living now in iowa what it is like to be at the center of all the political happenings. for now live in des moines, iowa, lauren mayk, "nbc 10 news." >> see you in a half hour. the latest poll has new jersey governor chris christie at 3%, in iowa, but today christie says he has a different kind of goal for today's caucuses and he's looking ahead. >> we have always thought that what we want to be is the number one governor. coming out of these two races.

that if we beat jeb bush, john kasich, mike huckabee that we're the number one governor left, then that moves us on to the future races. so, that's always been our goal. it's less a number, it's who we beat that matters the most to us. >> nbc 10 is looking to new hampshire as well. george spencer will follow the candidates there, as they get ready for the first primary election one week from today. look for george's reports beginning on sunday. >> a mild start to our work week and nbc 10 photographer captured this great shot from fairmount park this morning. you can see the philadelphia skyline beneath overcast skies. in the lehigh valley signs of the blizzard still remain, nbc 10 in bethlehem where the shovels are still out. and look at the nbc 10 radar. a wall of rain is starting to move through our area at this hour. and it's threatening commuters with a wet ride home. as you can see from this live

picture of 95 in south philadelphia, it is already a wet ride. >> be careful out there. glenn is tracking the rain. >> it's a fairly large area of rain moving quickly so it's not going to last that long but is coming right during the afternoon rush. you can see the drops on the camera lens. it is raining in the philadelphia area right now. it's a solid area of rain, so once it gets started it's going to be a couple hours straight of rain. some of this is a little on the heavier side as you can see. it moving rapidly into philadelphia, so we're about to get the heaviest rain of this whole system. it's not a very large area of moderate rain, the heavy rain is a tiny blip near the pennsylvania turnpike. this is in delaware county moving straight into the city of philadelphia during the next hour. it's going to be hitting parts of south jersey and delaware,

not raining now, and then it is going to race out of here. so, the current temperatures are in the 40s, north and west. look how warm south and east, near 60 degrees in atlantic city. but this rain moves out rapidly, we've got heavier rain in the forecast along with record warmth coming with the seven-day in a few minutes. >> thank you. in the past two hours the world health organization declared the zika virus an international emergency. there is more evidence that the virus could be causing birth defects in babies born to mothers who become infected while pregnant. a declaration after public health emergency means efforts to fight the outbreak will be immediately ramped up. the world health organization predicts up to 4 million people could be infected with the mosquito-borne virus over the next year. >> the causes constitute an

extraordinary event. and public health athlete other parts of the world. >> the last public health emergency was declare forward the ebola outbreak of 2014 which killed more than 11,000 people in west africa. now to new video showing the car police say was involved in a deadly hit-and-run in berlin, camden county. that's the car police say hit a man friday night. he was taken to the hospital where he died. again these are grainy images but if anyone happens to recognize that car you are asked to call police. philadelphia police hope surveillance video will help them catch three men want forward a brutal stabbing. we warn you the video is disturbing. take a look you can see the men force the victim inside lucky garden chinese food store, on north broad street in logan saturday. then they start punching and stabbing him over and over. eventually the suspects take the man's watch and belt and use the belt to beat the victim more.

he is hospitalized in critical condition. if you have any information about the suspects you are asked to call philadelphia police. we have new information this afternoon about the shooting of two teenagers in bethlehem. a dispute over a girl involving rival gangs led to the violence. two are now charged with attempted homicide. investigators say ariza admitted involvement. police found the 14 and 16-year-old victims lying on a street around 6:30 saturday night. the 14-year-old had been shot eight times. >> normal people when they have disagreements they might just argue. gangs have a tendency to pronote violence. >> one of the victims is still hospitalized. the other has been released. police say more charges could be filed. >> bill cosby heads back to court tomorrow in montgomery county. at stake whether sexual assault charges against him will get thrown out. it all hinges on a so-called deal made between former

district attorney bruce castor and cosby's legal counsel and attorney who is now deceased. nbc 10's cydney long is here with more on what they are trying to accomplish. >> the defense team is working to make sure bill cosby's words cannot be used against him. he wants the aggravated sexual assault charges thrown out, and we spoke to a long time defense attorney about how this all could play out. once bill cosby's adversary. >> the public shaming he is getting he totally deserves that. >> that wasú[khñ former montgom county district attorney bruce castor in a july interview, tomorrow he will be the star witness for the cosby defense. >> it doesn't get better than having the district attorney at the time say i made this deal and it should be honored. that's as powerful as it gets. >> tuesday caster will be under oath and argue he had the right to promise not to prosecute bill cosby in exchange for cosby's

testimony. it was that deposition when cosby admitted he gave pills to andrea prior to sexual contact with her, information that helped her get a civil settlement. >> i created the scenario where he would have to answer questions under oath and obviously they got the information that they needed and she was compensated monetarily. >> at issue now, why wasn't a promise not to prosecute cosby ever legally bound, put in writing by a judge or a court order. they have no knowledge of a deal. defense attorney bill brennan doesn't anticipate cosby will take the stand tomorrow. he says this was never a traditional immunity agreement. >> the fact that they have the former district attorney on their witness list who appears ready, willing and able to say when i was the chief law enforcement officer of this county, i promised mr. cosby i wouldn't prosecute.

>> and brennan went on to say this shows cosby's lawyers are taking a very aggressive approach coming out swinging. the current d.a. is at the helm of the criminal charges now. we did reach out to him along with cosby's attorney as well as bruce castor, so far on the day before these proceedings we have not heard back. jim. >> we have this just in to the newsroom. a local council man who pleaded guilty bribery was sentenced to 24 months in prison. acosta pleaded guilty in august to accepting a bribe to repeal an ethics law. he is the former president of the reading city council in berks county, he accepted $1800 bribe to the campaign committee of another public official. the judge ordered him to three years of supervised release, community service and $1800 fine. crews responding to a fire at the granite run mall in delaware county. it happened at the sears. the fire department and state

police are investigating the cause of the fire. fortunately no reports of injuries. in north philly here, fire broke out at this home an north hollywood street after 11:30 this morning. we're told neighbors called the fire department when they started seeing smoke and flames, no word on what caused the fire. >> students at cherry hill high school east saw more police patrols today after a threat circulated on social media over the weekend. police say they were notified about a threatening text message yesterday. under the age of 18 with making a false public alarm. authorities found nothing dangerous when they did check the school. happening now, questions over a new football stadium at temple is prompting the student government to host a meeting tonight. a group of students says it's frustrated about the administration's lack of transparency as community members are banned from the meeting. students say they will demand the board of trustees reject the

plan to bailed $100 million stadium, instead they want the school to focus on $15 an hour wages for campus workers. >> it's the country's largest and most popular 10-mile race, starting today you can enter a lottery to take part in this year's blue cross broad street run. registration continues through february 12. lottery selections are random, so everyone will have an equal chance. you can get registered heading to nbc10.com. if you are not running you can watch the race, live on may 1, here on nbc 10. now to what is surely to be a traffic headache for lots of people who drive through philadelphia. the falls bridge over the schuylkill river is closed for an emergency repair project. the bridge connects martin luther king drive to kelly drive in east falls. it's a popular route for drivers trying to stay off the expressway. and doug shimell has more on the inconvenience some will face. >> reporter: with each barricade

that went up they could feel themselves being cut off. >> going to cause congestion and backup. >> reporter: the proposed 40-day closure of the falls bridge is for $400,000 in stopgap repairs to the rusting underside of the 1890 structure. >> the safety factors are getting to a point we didn't feel comfortable with so. we decided to do something now. rather than wait until it was beyond repair. >> reporter: but that bridge is the chief way many patients get to the pharmacy at ridge and midvale. >> people want to be safe. on the other hand we're going to lose a lot of traffic to the store, all of us here. >> reporter: and slice's pizza makes money over the falls bridge. >> that's our sneak through the back way, and all of a sudden everything is going to have to funnel through the city avenue

bridge which means delays and a lot of traffic. >> even engine 35 and ladder 25 have to figure out a new route to fire calls. they all basically know they don't have a choice. >> we have to grin and bear it. it's going to be hopefully two months and back in business. it's not something we look forward to but it's a necessary evil. >> reporter: in east falls, doug shimell, "nbc 10 news." you won't be able to drive over the the bridge but it will be open to anyone walking or biking. it's expected to reopen april 1. well, a week ago we were digging out from that blizzard but in a few days all of that snow will be gone. we've got a rainy rush now, going to be melting some of the snow, but the record warmth on wednesday followed by the heavy rain, wednesday and into

wednesday night, that will take care of the rest of the snow. we've got rain across a good bit of the area right now. it's 51 degrees, was 59 a couple hours ago. the wind shifted north-northwest at 13, 7 degrees colder than it was this time yesterday. and wasn't it nice yesterday. and you can see the temperatures slowly going down but still staying above the freezing mark in philadelphia throughout the night. so we don't have to worry about anything icing up but some of the suburbs will get below freezing. there is a flood watch in effect until thursday at 5:00 p.m. but it doesn't start until wednesday. it's got nothing to do with the rain that is falling right now, although the rain right now is melting some of the snow and the rest of the snow melt is going to add to the flood threat. we'll get a lot more rain coming on wednesday and wednesday night. you can see this area on top of us, will expand in the last couple of hours and got a little bit heavier too. and as we zoom in we can see

some of that heavier rain now inside the pennsylvania turnpike, into parts of mount airy and abington township now. as we go back to the west, this is the storm that's going to bring the blizzard conditions to iowa tomorrow, and help to bring the heavy rain to us on wednesday. you can see in the futurecast this area of rain zips right out of here. the next couple hours, just the timing for the rush, ends in atlantic city by about 8:00 tonight. and then we're dry. at least for a little while. and then on wednesday here comes the main system. and we're going to be dry for at least the morning. that's going to allow the temperatures to go to record levels, and then some really heavy rain comes through. perhaps later in the day. and along with the very high humidity, that's just going to quickly melt a lot of that snow and especially when you still have a lot of snow around the

lehigh valley. those are the areas with the greatest potential for flooding. and potential for records, well, philadelphia's record is 62, going for 66. and 70 degrees in southern delaware, so a lot of places are going to be setting records as we go into wednesday. so we've got the rain early tonight and then clearing and colder late. 34 for the low in philadelphia. 28 north and west. and during the day tomorrow, sunny, not as warm as what we saw today but still about 10 degrees above average. so that's a pretty nice looking day for most of us. 66 degrees on wednesday, and the snow goes, the flood watch is there, record breaking warmth, a couple inches of rain and some spots, then it's cooler. thursday and friday. not brutally cold. decent weekend. then a chance of rain and snow by next monday. >> a woman in miami turned the tables on a police officer.

>> how she pulled over a cop she says was speeding and what the officer said when confronted. >> plus, the wipe out that might make you rethink your dreams of becoming a surfer. >> and parents, this is for you. what you should make sure your teenage daughters are eating to reduce the breast cancer risk.

♪ i had an injury to my neck. it wasn't as serious injury it was a herniated disc. anything that could go wrong went wrong. i've been in the hospital twenty three times since. the bills started to pile up. i had nothing to give. we had nothing in the refrigerator. i would be dead

and not sitting here right now if it wasn't for pond lehocky. a florida woman turned the tables on a police officer when she cited him for allegedly speeding. the woman recorded her conversation with the miami-dade police officer saying she saw him push 90 miles an hour. he said he pulled over because the woman was flashing her lights and honking her horn. >> leaving me behind and i was going 80 miles an hour and i wanted to know what's the emergency. >> i don't know how fast i was going but i can tell you this,

i'm on the way to work right now. i don't believe i was speeding. >> the officer later apologized. the police department said in a statement it's investigating the matter. >> look at this massive wave. it knocked a surfer off his board off the coast of maui and just swallowed him whole. you can see the man here starting to surf, then he's going to bail off his board right there. amazingly, look at that fall, he only came away with a stiff neck and he was out surfing again the next day. >> what goes through your mind when you see that drop coming. >> do not try that at home. that's our advice. nbc 10 is counting down to the iowa caucuses. >> the way iowa picks their candidates is different than we do here. lauren mayk with the story of a philadelphia man who explains how caucusing is different from

our primary elections. glenn. >> plus, i'm tracking a wall of rain beginning to move through. it's going to slow the evening rush. vile the timeline next in my first alert forecast.

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right now at 4:30, rain starting to move in, this afternoon check out all of that green on the nbc 10 radar. live look now outside over center city. wet camera there, you can see rain falling in philadelphia. >> first alert chief meteorologist glenn "hurricane" schwartz is here tracking the rain. >> happening right during the afternoon rush when a lot of cars on the road and of course that makes everything wetter and you also have melting snow with all of this. and the warm temperatures.

so that adds to the difficulty for the drive home. you can see it's a solid area of rain. not just a couple of showers. it's about to hit dover, just about to head toward the jersey shore. some of the heavy rain in the philadelphia area, just went across south philly now headed into camden and gloucester counties, also around abington township, lower bucks county getting heavy rain, just about to go into trenton. and the heavy part of the rain doesn't last very long but the rain itself yeah, is going to last a while. probably a couple of hours worth. it knocks the temperature down but these temperatures still way above average. 40s north and west and close to 60 toward the shore before the rain comes in. futurecast showing us by 6:00, western suburbs are going to be dry already as the temperature is still above freezing and the rain continues in burlington

county, atlanta county, to at least 7:00, then it starts to move out. then we clear out and the temperatures go down. so toward daybreak we see that. the temperature going down through the 40s in philadelphia. we got some rain through 6:00, by 9:00 it's not raining, the wind is fairly light. and it's not that cold. but we have record warmth on the way along with enough more rain to create a flood watch. that's with the seven-day in the few minutes. >> it's been more than eight months since an amtrak train detrailed in philadelphia killing eight people. today we're getting a closer look at what investigators learned about the crash. the national transportation safety board released 160 documents gathered in its investigation thattlénno carrie0

back in may. >> what i hope comes out of the ntsb process and out of whatever legal process follows it is two things. one is some justice, and two is changes in the way amtrak operates so that this doesn't ever happen again.

>> reporter: those who are pouring over the documents and those who reacted harshly to the two statements that the conductor gave, civil attorneys representing a number of the victims in this case, they also represent a number of the family member it is, people who lost loved ones, so who died in the deadly derailment. they say the two statements that brandon bostian gave to the ntsb are very important in proving their case, they say the first statement where bostian says he doesn't remember anything after north philadelphia, then another statement in november where he says he remembers parts of the crash, he remembers the train tilting and he tried to correct it are key, they say, to proving their case that the conductor and amtrak are at fault for this deadly crash. you'll hear more from them coming up at 5:00. live in center city. "nbc 10 news." >> it's being billed as a second chance for those convicted of minor crimes. some pennsylvania leaders spoke about support for a bill that would allow some people who served their time and had clean

records for 10 years to have their criminal records expunged. >> this is about being smart on crime. being smart on crime isn't being soft on criminals. it's doing all we can to prevent crime, all we can to reduce recidivism. >> the bill has passed the senate and the house and is now waiting governor wolf's signature to become law. speaking of the governor the state of pennsylvania doesn't have a budget for this year but we learned that governor wolf has the framework for next year. >> i've giving my 2016-17 address a week from tomorrow on february 9, next tuesday, and we still need to have a balanced budget that makes the investments we need to make in pennsylvania for 2015-16 year that still has five months to run. >> the governor went on to say the math has to add up for a budget to be balanced and a

budget this year to be passed. >> a new study reveals something women can do to lower the risk of breast cancer. >> coming up next, what doctors say teenagers should add to their diet.

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scientists in the uk given the green light or given the green light to genetically modify human embryos, it's the first time and the research will take place at the francis creek institute in london. it was given the ok by a regulator it they are to provide a deeper understanding of the earliest moments of human life and could reduce mischarnlgs. >> women who eat more fiber could low terracing for breast cancer later on. that's according to researchers from harvard who analyzed the fiber intake and found the risk

was lowers up to 19% among those with the most dietary fiber and the greatest benefit to those who ate fiber from fruits and vegetables. a reason to keep up your resolution and get to the gym. the more physically fit you are, the greater your chance of surviving a heart attack. researchers at johns hopkins says men and women with the highest fitness scores were 40% less likely to die after a first heart attack. >> remember when there were free snacks on the airlines? it's coming back to some of the biggest of u.s. airlines. it started today. united is bringing back the free snacks, american announced it's adding free snacks in the main cabin beginning this month it wilt saturday the service on transcontinental flights and offer them on domestic flights by april. the return of free snacks a sign that the airlines are starting to reinvest in the customer experience. of those peanuts and pretzels.

rain. look at the camera. >> first alert meteorologist glenn "hurricane" schwartz is tracking that. >> that's a lot of rain there. it's just getting started and all of this is yet to come. i'm tracking when the heaviest rain is going to move through your neighborhood next.

the countdown to the iowa caucuses is under way. the nbc 10 countdown clock, 3 hours 16 minutes until voters gather to support their favorite candidate. the candidates are making their final push for support in the the hawkeye state. >> the latest polls show any last minute votes they can get will help. on the republican side the latest "wall street journal" nbc 10 news poll shows donald trump appears to hold a slim lead over ted cruz, marco rubio is in third. on the democratic side, hillary clinton and bernie sanders are in a tight race with 3 points

separating the two of them. nbc 10's lauren mayk joins us live from des moines, iowa. you found a philadelphia native who talked to you about how primary season is so much different out there. >> reporter: yes. you know, if you grew up in pennsylvania you are used to elections working a certain way. in iowa caucuses are different, and they are a big deal. so, i want to introduce you to a pennsylvanian turned iowan who has not only gotten used to it, he has embraced it. in this west des moines home there is a not so secret room downstairs, filled with penn state pride. >> what do people here in iowa think when you show them? >> they think i'm insane. >> crazy is also now steve describes his first brush with iowa caucuses after growing up in the valley forge area. >> does it feel different here? >> absolutely. i never knew, nobody was ever beating down their door to get to me as a voter.

here, everybody wants me. >> there is the mail, the personal appearances and then caucus night. when you head to your caucus site and break into groups for different candidates. >> my neighbor across the street was the block captain for howard dean and he's like i was on the john kerry side. he said come over i'm like i'm okay here. he said i'm going to throw snowballs at your house. this is weird. >> neumann kind of loves it. >> the ghost of caucuses past. >> rudy. huckabee. >> in your yard? >> no. i go and get them. >> reporter: now, i asked steve if i could call him a political jurngy. he said yes, i also asked who he is supporting, and that is marco rubio. he says he has also met rick sanitorium and would like to see

a penn-stater in the white house. lauren mayk, nbc 10 news. >> going to need a bigger house with all of that paraphernalia. thank you. watch "nbc 10 news" at 11:00 for lauren's live report on the results from tonight's iowa caucuses. by the way, iowa's weather is okay now but they are about to get a blizzard for at least part of the state during the day tomorrow. there are the pocono mountains, great shape here for a while. they are going to get rain. they are going to get warm weather, high humidity. a lot of bad conditions for skiers. rainy rush today. this is just the appetizer, the main course is coming wednesday. the record warmth is coming wednesday, and the heavy rain will be coming wednesday as well. and then there is a flood threat.

there is no flood threat immediately, this rain is not going to last long enough or be heavy enough. 51 degrees the wind 13 miles an hour. and you can see it's dropped into the 40s north and west. those are mild temperatures, even 43 at mount pocono so some of that snow is getting eaten away and we're still near 60 degrees in atlantic city at the airport. the airport hits 64 yesterday and set a record and a lot of places going to set records come wednesday. you can see as we go through the night tonight in philadelphia the temperatures are going down but staying above freezing. so, by the time you get up it's not going to be that cold. cool even this morning. the flood watch is for wednesday into thursday for much of the area, and even some of the rivers could potentially be threatened. especially in northern areas that still have a lot of snow on the ground. you melt that snow it's like getting that much more rain. you can see this area of rain coming right through the area right during the afternoon rush.

some of it is on the heavier side. that orange indicates some heavy rain, it just went through a portion of camden gloucester county, going to pemberton now. another area of moderate to heavy rain in philadelphia there. chestnut hill at the moment. there it is. mount laurel getting heavy rain at the moment. and there's that area in mount airy and in chestnut hill. we also have some here in parts of chester county, and upper mayor yen township and then back to the west it's a different story. we have snow. this is the storm that's going into iowa, it's going to be bringing the rain to us. now you can see as we go through the next several hours by 6:00 it's almost over. it will continue with the shore for a while, moves in there last, it's going to end there

last by 7, 8:00. it's starting to move out. the rest of the area starting to clear out by that time. then we wait for the next system to come in. this is one for wednesday. we got record warmth followed by heavy rain that's going to melt an awful lot of snow. maybe all of the rest of the snow. rain early tonight, clearing and colder late. 34 for a low, 28 north and west. during the day tomorrow, we're going to have a lot of sunshine, a nice day, up near 50 degrees. about 10 degrees above average. and the seven-day forecast, there is the record warmth on wednesday, along with the heavy rain into wednesday night, and then we get somewhat cooler thursday, the coldest day is friday. and then not quite as cold over the weekend and a chance of a coastal storm early next week that could bring rain or snow. >> new jersey is pushing to get families in flood-prone areas out of harm's way. >> it comes at a high price.

they have to given up their home. a live report from a new area of concern in our area and how homeowners are reacting.

new jersey is expanding its push to get families out of flood prone areas. >> the focus includes a community where many homes have taken repeated beatings from storms. ted greenberg live in down township. folks are split? >> reporter: they are, jim and denise. the state see this is as a way to get families in flood prone areas out of harm's way.

the damage that you see right here is the result of the recent nor'easter. some property owners and local leaders say their community's survival is at stake. >> i think this happens. >> damage from storm after storm has made getting in and out of his water front vacation home a challenge for 78-year-old prekosh. >> it's too much to maintain. >> he considered selling the property to the state under its voluntary superstorm sandy blue acres buy-out program which was just expanded to include this small cumberland county community along the delaware bay. >> feel like we're going to lose money if we sell to the state. >> under blue acres homes in high risk flood zones are demolished and the land preserved as open space. it joins other communities eligible for the program which secured funding to buy nearly

800 properties, it made 724 offers, more than 540 have been accepted. some fear shoreline could resemble the bay point section of lawrence township where nearly all of the homeowners sold out to blue acres. >> we may have to take drastic actions to try to slow this down. >> the mayor says without its bayside section the rural communities already small tax base would be decimated. >> we're not going to get revenue and i don't see anything else except bankruptcy. >> the environmental protection points out of the 43 properties it's targeting here, 14 are empty lots. sharma says he is keeping an open mind. >> a fair price i would consider to sell it. >> reporter: the state says the homes are purchased from willing sellers only, at their values before sandy. the dep also tells me some of

the homeowner who is have shown interest in the program are also faced with the added burden of having to come into compliance with various public health and environmental issues. live in downe township, ted greenberg, "nbc 10 news." >> the rain is here as drivers head home during the evening commute. >> chief meteorologist glenn "hurricane" schwartz is tracking the radar and looking ahead to record warm temperatures in his forecast. nbc 10 takes a closer look at what could be a key moment in the criminal case against bill cosby. how the defense will try to get his charges thrown out. >> and a young eagles fan gets a behind the scenes look at his favorite team but that was just the beginning of his spritz. how they made this day special for the teen fighting cancer.

new details released about the amtrak derailment in philadelphia. what the engineer says is the last thing he remembers before that deadly crash. plus, caucus countdown. nbc 10 live in iowa where people will soon cast the first votes in this presidential election. but we begin with the legal drama around one of america's most famous comedians, how bill cosby is trying to get his criminal charges thrown out. "nbc 10 news" at 5:00 starts right now. tomorrow will be a key moment in this criminal investigation which took years. >> it's all going down in montgomery county.

nbc 10's cydney long has been talking to legal experts about this case and joins us now with a closer look at what could unfold in court. >> reporter: cosby's attorneys are fighting to get these charges thrown out based on a verbal, not written promise that cosby would not face criminal sexual assault charges. in a case that has captivate add national audience, cosby will be front and center tuesday, former d.a. bruce castor will stand up for him. >> it doesn't get any better than having the district attorney at the time say i made this deal and it should be honored. that's as howerful as it gets. >> bill brennan has no stake in the game. this is what caster told nbc 10 last year about temple employee andrea's sexual assault allegations. >> at the time i remember thinking that he probably did do something inappropriate, but thinking that and being able to prove it are two