team and the state prosecutor who battled in court just hours ago. >> reporter: the prosecutor got the judge to throw out the original case and a trial date set for november 9th. the defense says the prosecutor is misusing the grand jury. state prosecutor who mayor says was on a witch hunt against her left court optimistic that the charges would stand. >> absolutely. that's why the grand jury returned the indictments again. i don't think there's any problem. >> reporter: the mayor accuse of stealing gift cards for the needy. they say her boyfriend took her on trips and gave her gifts she failed to report on disclosure forms which is require since he was involved in harbor developments getting tax breaks from the city. >> reporter: the mayor's lawyer

says he's misusing the grand jury. >> we're going to get more discovery under the new chargeses and once we go through that, we expect we'll file a new motion, at least with respect to the grand jury and other issues we'll file. >> reporter: while the trial date is not set until the 9th, they must make a motion by september 8th. we're going to deal with the case within the schedule that's been set. >> and every step is critical for the mayor. she's must win to keep her career alive. >> they have 30-days to come up with creative motions. >> reporter: the attorneys plan to file a waiver so the mayor is not required to appear at all of the court hearings. >> it's a serious problem

inside prisons across the nation. eyewitness news has been investigateing, cell phone behind bars. >> reporter: a measure to allow states to ban cell phones behind bars. they say it's needed to prevent inmates from setting up crimes from behind bars. it would interfere with cell phone use by private citizens. >> it head to the full senate for by date. >> at this hour, the library was evacuated around 1:00 in the afternoon after that package was found on the stairs outside. crews are trying to determine what is inside the package. now, baltimore city police

launched an investigation following a drug invest that left a suspect brain dead. the emotional reaction from family and police. >> reporter: only eyewitness news when crime scene arrives collecting evidence. the baltimore man ended up in a coma following a drug investigation on this west baltimore alley. >> when they were chasing him, he say he threw the stuff, but they found the stuff, stuffed it down his throat after they tased him and beat him, kicked him and beat him like crazy. >> she say her brother is brain dead. >> they kick him and stomped him so bad his lungs are gone. >> reporter: the police say he swallowed the drugs and they were trying to give him the

heimlich maneuver. >> we have nothing documented of a taser, that's what we are there to do. they will talk to the witnesses. they're trying to put these pieces together. >> you are sure you saw a taser. >> yeah. they pulled it out, you can hear it, it was like woo. he started going into like, like he was electrocuted. >> you can see blood, coming out of this man. >> it's taken seriously by the commissioner. we have some allegations that there's something wrong and we'll investigate. >> he's been arrested 2 dozen times since '91. wasn't a model citizen. >> they could have lock him up, but to kill him and do what they did was unfair. >> the family says that he

will be taken off of life support in the morning and the medical examiner will determine the cause of death which is vital to the investigation. thank you. police say they could have sum results from their investigation next week. struck down and killed on a busy street. baltimore city police looking for the driver of a truck that killed a cyclist. eyewitness news live, gigi has more on the victim and a description of the truck that hit him. >> reporter: the victim's family says he was an avid cyclist and police have surveillance video they're reviewing. before noon yesterday, 67-year- old john yates decided to take a rye. he was an avid cyclist and had some errands to run. >> he left and said i will be gone an hour, if it's going to be later, i'll call.

>> she never received the call. police visited later. >> my world just went, because i knew. >> john yates was dead, hit and kill by a double axle box truck. it happened on lafayette avenue. they believe the truck broadsided yates. >> witnesses state that the driver was caught under the truck. >> reporter: police are searching for driver and surveillance video may help but police won't say how much. they want more. >> my whole word is shattered. >> reporter: police say it's too early to tell if it was intentional. be this spot could be a part of the daily route. if anybody who passes by that way on a regular has seen a truck meeting the description, a white box truck, we hope they can call us as

well. >> mrs. . yates wants the driver to come forward. >> if he saw what it did and took off, it's on him, god will take care of him. >> reporter: the family wants someone to come guard -- forward to get more information. they're not calling it a hit- and-run. they don't know if it was intentional. once they find the driver they will find out if it was intentional and if it was, they will call it a hit-and-run. baltimore city police says anyone with information should call the police. a teenager released for his role in a firebombing back in june. he took part in a firebombing at this home. the incident was retaliation for a 14-year-old, jones.

it was a mistake and no one in the home was linked to jones' death. they are free and back in their own homes. laura ling and euna lee arrived in california this morning. former president bill clinton made a trip to north korea to secure their release. they were imprison for crossing into north korea. they're overjoyed to be free. >> to our loved ones, friends, colleagues and to the complete strangers with the kindness of hearts who showed us so much love and sent us so many positive thoughts and energy, we thank you. >> the two was sentenced to 12 years hard labor for entering the country illegally. >> here's a live look outside, rather typical august

conditions. eyewitness news live with complete coverage. today's high only up to 85. it's a nice day. we have had no precipitation around the region. down to the south, that's where we're watching a batch of rain developing over southern virginia and makeing a move to the northeast. we expect some activity late tonight and tomorrow. all of us will see some rain before it's said and done. one thing we missed, we have ha some storms but the hot temperatures. a look at the 90s so far this year. we've all been talking about how we haven't had any extreme heat. we get about 30-days with 90s or above.

we've only had 7 this year. , and three were in april. the warmest day this summer was 94 degrees. that's it. we haven't broke 95 yet. a water main break causing problems for the second night in a row. chopper 13 over the scene a short time ago, a 10- inch main broke yesterday, crews remain on the scene trying to make repairs and there's some detours in the area. they spent their summers keeping swimmers safe and now they can show off their skills. in baltimore county, winners take home more than top prize. >> if you go straight from here around the outside. >> reporter: a summer job of saving lives. 68 life guards show their skills in and out of the water. >> we like to compete.

we're all athletes doing beach patrol. it's a fun day. >> reporter: life guards compete in six events including a swim. an obstacle course. >> it's a great way to showcase the skills we do every day where the public may not see us in action. >> prizes awarded in each competition an overall, that means bragging right. >> it's all pride right now. it's showing off who is in the best shape. it's good to see the hard work paying off. >> reporter: maryland's service supports it at a different beach every year. ages range from 16-30. >> how you feel? >> tired. >> being physically fit is an aspect of the job. >> this is the 15th year the

competitions have been held. they do them before the end of summer weapon they head back to school. in baltimore county, wjz, eyewitness news. thank you. 68 life guards took part in the competition. still ahead, surprising study, details on a link between weight gain and one popular form of birth control. a man opens fire at a business facility killing several people. details on a disturbing motive. after this expensive turf field is set on fire, there's three arrests from another school. illuvia that next. -- i'll have that next. stick around for the updated forecast.

a football feel field is a place for teens. >> reporter: in frederick county, high school football is big, the people of middle town were upset when someone set fire to the turf on their high school field. >> we're happy the law enforcement was proactive and ready to solve it so quickly. >> reporter: three were arrest and one was on the brunswick team. there's a big rivalry. >> i thought it was stupid

they did that. but it's a big rival. there's always stuff going on between us. >> reporter: the head coach moved to middle town after being the brunswick coach for years. when they interviewed the boys, they say they were angry and wanted to cause damage. they were referred to juvenile authorities. the community raise all of the money to build the new field last year. >> it was brand new a lot of fund raising. the company i work for, morgan keller was a sponsor and it's not good. >> the school wants to put the incident behind. >> maybe some angry which is probably you know expected, but again they will rally together and move on and have a great

season and great year. >> wjz eyewitness news. a crew will begin to repair the field next week. here's some good news for the general motors plant in whitemarsh. it's slated to receive a portion of $2.4 billion to build key pieces for electric cars. it's part of the economic stimulus plan and furthers the obama administration's goal to make the country less depending on oil. some areas seeing a drop in crime and car crashes. eyewitness news live at county headquarters. derek explains how it works. >> it's a policing strategy that takes into account not just where the most crime happens, but where the most car accidents happen. along the boulevard at the

northeast police district, several traffic stops in 1/2 hour and that's no coincidence it's one of 15 areas in the specifically-started air as having the most report crimes and crash. >> it's a highly traveled corridor. >> reporter: police increased the stops here and in the other target areas, 36% last month alone. >> the theory is having extra presence in the areas. >> we will drive those incidents down and detour from wanting to commit crime. >> it's an approach, police let the statistics tell them where to excertificate their efforts. traffic crashes in the 15 target zones are down 3% compared to last june. burglaries down 14%, robberies

down 26% and a 31% drop in car thefts thefts in the target zones. it's not just traffic stops, police are pulling off of their assets into the areas including the helicopters and k-9 units. >> if you're looking to commit a crime, that's not a comfortable place to do that when one of our officers are near by. >> the policing strategy so successful baltimore is now a model program for other police departments to follow if they're interested in learning how to map out their troubled areas. a nice day, that's probably going to change. looking at temperatures right now, not bad. 82, winds at 6. more when we

come back.

now, complete forecast and the first warning of severe weather. all right, so rain is coming. >> probably even later

tonight. may not rain until tomorrow morning's drive. checking, moving around 15 miles per hour, it's a long way off. we expect showers, thunderstorms tomorrow and north and west of the city, it might get clear in the afternoon. ocean city up to 94 and the heat index was 100 on the beach. pretty hot, 91 down this, 82 and oak land coming in at 72 degrees. 85 washington. the dew points coming up. more moisture and by tomorrow, we do expect to see showers and thunderstorms. i'll show you why. northwest winds kept us in dry air. but southwest, this area of low pressure beginning to take shape over southern west

virginia. it has some shower activity and maybe some heavier rain there. it's begin to make a move to the east, northeast. later on tonight, tomorrow morning, some of this rain will move up. this is the front. it will slide slowly to the south and southeast allowing the lee to ride up the front. from richmond, d.c., you folks could see a couple inches of rain heading north and west of the city, less and less of that maybe by the time you get to york, chambersburg and north of frederick. all this batch of rainmaking a move to virginia. a better view tonight. low pressure heads off by friday, things clear out, sunshine and dryer conditions,

a nice day. by the weekend, this high will move off and we get some heat. sat night, with the heat, maybe some scattered showers and sunday just plain warm and by early next week, temperatures maybe in the low 90s. tomorrow cooler with northwest winds at 5-10 knots. clouding up, maybe some showers by tomorrow morning, 68 and some thunder. tomorrow rains and thunderstorms, particularly south and east but steady rain could be there. tomorrow upper 70s , maybe 80. probably not. >> that is the cool day. >> it will clear out. >> thank you. still to come tonight, scare in the sky, see the frantic rescue attempt of window washers. murder on his own doorstep. a shocking crime. tonight, where police arrested the accused killer. a deadly health club

shooting. what motivated the gunman. the story coming up. i'm at the ravens training camp. we'll check up with ray rice and the o's after a rooky debut last night. that's ahead.

this is wjz and wjz.com. baltimore. from the city, to the

county, to your neighborhood, complete coverage on wjz, m's news station. it's just before 6:30. 82 degrees and partly sunny. thank you for joining us. here's what people will be talking about: it took just a moment for a gunman to fire 50 shots at a popular pennsylvania health club. when it was over, 3 women were dead and dozens injure. more on a motive for the massacre. >> reporter: the man who opened fire inside this gym was a loner and may have face rejection from women. the 48-year-old killed three women and himself when he fired 36 bullets into an aerobic dance class. >> he had no relationship with any of the women.

>> reporter: he had a note saying he had no relationship with a girl since 1984. he say women just don't like me. there's 30 million desirable women in the u.s. and i cannot find one. last time i tried this i chicken out. a member of the class said a woman walked in wearing workout clothing and turn out the lights and opened fire. >> he had a black head band on and a black duffel bag and his clothing was black. >> reporter: stewart campbell just left when a friend call him to come back. >> my buddy was covered in

blood, people laying on the ground. >> he carried four guns into the gym and had a lot of ammunition. the women range from 38-49. nine others were injured. flee of the shooting victims remain in serious condition tonight. an arrest in a neighborhood. sally has the latest. >> it was a chaotic scene in the morning of july 15th. he was gun down on his doorstep. it happened in glen burnie. many witnesses said joseph serio committed the murder and fled to florida. he was arrested in miami on unrelated charges. yesterday he was brought back to maryland to face the charges of murder.

despite the arrest, the case remains open and other arrests are possible. two women stabbed as they try to break up a fight in a crowd. it happened in the 900 block of president street. a fight broke out and one person pull out a knife. the women were injured trying to grab the person with a knife. police are getting aggressive with aggressive drivers. the penalties for offenders are severe. for every vehicle on the road, there's a story about aggressive driving. >> i see myself going the speed limit or maybe above it and someone cutting to the right of me and to the left. that's what i call aggressive drivers. >> we're being tailgated, cut off. >> reporter: every day he says aggression is on the highway. >> if you don't drive 15-miles

over the speed limit on the 95, i think people consider you a hazard because they want to get around you and get where they're going. >> the capabilities of doing stationary and moving radar. >> reporter: law enforcement agencies across maryland targeting aggressive drivers in a coo campaign called smooth operator. police paying close attention to those who speed and tailgate and ignore signals. >> we want people to slow down and ignore the speed limit and not drive aggressively and a lot less people get injured on the roadway. >> for those who don't obey the rules of the law and are convicted, the fine is five points on their license. >> that's pretty reasonable. someone might learn. >> it's going to effect your insurance rate. ultimately, this is about safety. >> the campaign ends this weekend but officers won't stop

targeting aggressive drivers. reporting live, wjz, eyewitness news. since the campaign started in may, police in maryland issued 5,000 citations and warnings related to aggressive driving. the general manager of washington d.c. is begging members of the senate to maintain the aging rail network. they -- metro turning to the federal government. a. federal jury convicted a congressman on 11 of 16 counts in a corruption case. william jefferson accused of accepting bribes. federal agents found some of the money hidden in his freezer. the jury deliberated before

returning the verdict. senators speaking their minds about sonia sotomayor. barring a serious problem she will be confirmed this week. it's not stopping republicans from launching attacks against her. >> reporter: sonia sotomayor supporters rallied for the senators inside, we'll remember. >> there will be groups and people that make sure they remember how they voted when it comes time to re-elect them. >> it was a not so subtle reminder of the political consequences of voting against sonia sotomayor and her bid to be the first latino justice on the supreme court. most have made up their minds. >> i will vote against her. >> 3/4 of the republicans are voting against president obama's first choice. they argue she would bring a

liberal bias to the bench. >> despite the arguing over sonia sotomayor's nomination, there's not suspense, 7 say they will vote to confirm her to the court. supporters praise the judge's qualifications and pushed back about the back rulings. >> this is not a hard call. this ought to be an easy call for members here. >> reporter: senators could make that call as early as thursday when they vote on whether or not to make the federal judge the next supreme court justice. president obama chose her to replace a liberal and not expected to alter the balance. time for a look at the edition of the baltimore sun.

thrift and consignment shops are booming. catching up with the ravens quarterback. and meet the band oar which got its start in maryland and returns to columbia. read tomorrow's baltimore sun and look for the forecast. women who quickly put on pounds after birth control injections seem to be at risk of long-term weight gain. >> reporter: the findings could help to clarify which women could see unhealthy weight changes with the injection. it's given every three months for a low-cost of birth control. the women who rapidly put on weight after starting it and gained 5% of the initial weight

within 6 months were in risk of continuing the trend over the long term. it suggests that women who gained weight should talk about other options for birth control. a second company about to start testing the swine flu shot. they make about 40% of the world's flu vaccine and plan to start testing in the next few days here in the u.s. and in europe. the year-long trial includes the united states. still to come, up in flames, what sparked the raging fire at an oil company. 7 north carolina men accused of promoting a holy war in court. some chances for showers heading our way. wjz 13 is always on, here's the top stories on

wjz.com at this hour. for updated forecast any time, log onto wjz.com.

concerns over a plague in china. sally has the latest. >> reporter: the highly illness has claimed three lives and can

kill within 24 hours if left untreated. they posted guards around the hospital where a dozen people are treat for the lung infections. some people have been seeking to flee the town. plagues found in rats and mice but can infect humans. authorities have been in contact with the world health organization about their steps to contain the out break. six men accuse of terrorist activities remain in jail without bond, they were charged to plotting to hurt and kill people overseas. firefighters battle a large fire in michigan. look at the scene. the blaze occurred at an oil plant. a number of residents were

evacuate. the cause is not known. a pair of window washers pulled to safety from a boston high-rise. firefighters had to smash through the windows to rescue them. no wore if anyone was hurt. a preview of what is coming up i want on the evening news. a new study raises questions about a procedure. he's the closing numbers on wall street. we'll be right back

what to expect and when. bob will update the five-day forecast but first in the out back with the ocean city forecast. >> reporter: if you're heading to the ocean, tomorrow may not be the prettiest of days. we have a round of

thunderstorms coming your way. it may linger before getting out of here, but looks like the action over the week stays north and we start to warm it up. here in the city, on the fringe of the storm. it's making its way along the south from the south along the coast. for the rest of the five-day forecast, here's bob. looks like it is going to be hot, 78, maybe low 80s. a good chance of thunderstorms tonight into tomorrow. maybe into the afternoon. best chance south and east, cooling down, upper 50s to low 60s. friday looking great. chance of more storms, 85, the warm air comes in, 92, 94, that will tie the hottest of the summer here on monday. a lot of sunshine. looks like some serious heat coming in. we'll get some summer weather.

>> the attorneys for michael jackson's mother talks about her legal battle. more from hollywood. >> reporter: coming up on entertainment tonight, katherine jackson's lawyer defends his client. is she a tough as nails businesswoman or a mother. >> no would should question katherine jackson in connection with michael jackson on anything anything. >> we spoke about the secret autopsy and the heart ache almost too much or a mother to bear. >> elvis has their family and even james brown has his family, there's no reason to deny her because she was the most trusted person many the world. >> how is she doing? >> she's holding up well. i worry about her, i'm sure the family worries about her.

she had a special pep in her step yesterday which was pleasing to me because the days in the courtroom wasn't always most pleasant. >> brad pitt's new interview about sex, drugs and the thing he fears the most. the latest on the departure of paula abdul's departure from american idol. don't misentertainment tonight here on wjz 13. still to come, ravens training camp continues. mark talks to the key member of the back field.

finally a win. a win. >> haven't been many. >> no. >> but some new players have gotten some of them. they're coming off of a good outing by the rooky pitcher. and the o's going with a veteran starter tonight, guthrie starts in detroit. there's four rookies in the starting rotation and a rookie starting catcher matt wieters. zaun serves as a backup and a mentor and enjoys working with him. >> it's rewarding for me.

i know my role is not what it once was on a team, but it's gratifying for me to see the lightbulb come on in their head when they carry things we talk about on the feel and have success, it's like a coach at this point. >> he tells me he wants to be a major league manager when he's done. he was ejected for argues, getting in his practice i guess. guthrie has to keep the ball many the park and allows the most homeruns this season. jackson starts for the first place tigers on masn hd. wild scene in l.a. hit by a pitch. that was retaliation for the brewers hitting manny ramirez. in a bizarre scene, going to

the dodgers clubhouse and wants to get in there to confront him. guards keep him from entering. they would all head back to their own locker room without incident. let's talk football. i spoke to rice back for his second season, he appears to be the number-one running back. but his place in the pecking order is irrelevant he says. rice carried the ball 107 times his rocky season and says he's comfortable with the progame in his second pro year. >> the learning curve is over. now i can play. you see me in my comfort zone. it's a natural fit now. >> we caught up with him doing some extra work on securing the ball to prevent fumbleing.

big money in the big apple for giants quarterback eli manning. he agreed to a contract worth $100 million. he's the third highest player in the league. he would surpass peyton, he's the colts quarterback who makes 14 million. line backer serving as a ball boy at the dodgers game last night. following along the line and handing them to young fans. he is retire after a hall of fame career that lasted 19 seasons, 12 times named to the pro-bowl. >> that guy could hit. >> wow. >> kind of living a boyhood dream there. >> he looked comfortable.

don't miss the prime time lineup. back at 11:00. from all of us, thank you for joining us on wjz 13,

maryland's news station. more on the evening news with katie couric >> couric: two american journalists jailed nearly five months in north korea back on u.s. soil. >> we could feel your love all the way in north korea. >> couric: tonight, bill clinton and the behind-the-scenes diplomacy that led to their freedom. i'm katie couric. also tonight, the police say no one could have stopped him. the chilling words of a man with a history of being rejected by woman before he murdered three and killed himself at a suburban pittsburgh gym. and it's an expensive procedure tens of thousands of americans have every year for back pain. now new research says it doesn't work. captioning sponsored by cbs this is the "cbs evening news" with katie couric.