>> hello again. i'm don scott. >> and i'm mary bubala. a judge has just denied a motion to dismiss two perjury charges against mayor sheila dixon. good afternoon, sally. >> reporter: good afternoon. the judge's decision means two separate criminal trials against the mayor will go forward. according to the baltimore sun, the judge was not satisfied with the defense's argument to throw

out the perjury charges. sweeney previously dismissed similar charges against dixon, saying the prosecutors used privileged evidence. prosecutors then secured the new indictments using different evidence. she is charged with perjury for allegedly failing to report lavish gifts from a developer. back to you. thank you. a date for the trial on the perjury counts has not yet been set. the first trial on the theft charges will begin november 9th. those charges stem from an accusation that dixon stole gift cards intended for needily families. the first doses of the h1n1 vaccine are set to arrive in maryland this week. but there won't be enough for everyone. now state leaders are announcing new efforts to fight the virus. wjz and adam live outside. >> reporter: hello. 9 marylanders have died from the h1n1 flu and that death toll is expected to rise as the vaccine is slow to trickle in.

a new survey shows more than half of americans don't plan on getting the h1n1 vaccine. so, two maryland congressmen and top health officials from the a iry urge action. -- from the area urge action. >> we are not running around with red flags saying the sky is falling, but we are saying we want to make sure we take this moment to do every single thing in our power to make sure people are protected. >> if you are feeling okay now, that doesn't mean you will be feeling okay forever. in fact, it is when you are feeling okay that you ought to take advantage of the opportunity to get the vaccine, both for the seasonal flu and for the h1n1 virus. >> reporter: but availability could be a major issue with only 34,000 doses being shipped to maryland this week. not nearly enough for everyone at risk. >> in the population of interest, the target groups, it is all of those folks -- if all of those folks want a vaccine,

it is about 2.9 million marylanders. >> it is always the first week people want to run out and get the vaccine and it is not enough. every year t vaccine comes in -- every year, the vaccine comes in pretty quickly and it will be the same for h1n1. >> reporter: right now, there's no telling when there will be enough of the h1n1 vaccine for everyone in the state who is identified as at risk. the first doses arriving in maryland will be the nasal mist and most will go to healthcare workers. adam may, wjz eyewitness news. thank you. remember to stay with wjz eyewitness news for more information. go to wjz.com. a john hopkins professor is awarded a nobel prize. she was honored for her work in the field of genetics. she is part of a group which discovered how chromosomes protect themselves when cells devoid. their findings have started new lines of research in cancer

treatment. we will hear from her tonight at 5 and 6:00. we are following a developing story out of north baltimore. police make an arrest in connection with a body discovered in a manhole. 40-year-old victor cruz confessed to strangling the woman found in the manhole. two verizon employees found the body of elda vazquez last friday. she has been missing since january of last year. the medical examiner has not ruled her death a homicide but police arrested cruz after he confessed on sunday afternoon. he is facing murder and assault charges. he was dating her at the time of her death. an investigation is underway following a fire at a baltimore county gym. it happened at gold's gym in park ville. when firefighters arrived, they found at least one broken window in the building. arson investigators did respond to the scene. but firefighters have not said whether the flames were intentionally set. the man accused of drowning his 3 children in a baltimore

hotel room will go to trial this week. police say the 42-year-old confessed to killing his children in the downtown marriott hotel in march of 2008. investigators say he also tried to kill himself. defense attorneys maintain that castillo was not sane at the time. the trial is scheduled to start tomorrow. troops killed in afghanistan continues to grow. the rising death toll is putting pressure on the obama administration. here's joel brown reporting on the president's tough choices. >> reporter: u.s. and afghan forces moved quickly to seal off insurgent strongholds in eastern afghanistan this morning after hundreds of militants launched a series of deadly attacks over the weekend. 8 u.s. troops were killed. another u.s. soldier was killed this morning in southern afghanistan. the death cast a shadow over a

series of meetings happening at the white house this weekend. the top advisors are scheduled to get together twice to review their options in afghanistan. right now, they have three choices. keeping the current strategy, scaling back, or granting top commander's requests for more troops. >> we will tear apart and look at the input. the president should be presented with options, not just one. >> reporter: if president obama decides to send more troops into afghanistan, he will face political opposition here at home. they are marching to the white house with a clear message, bring u.s. forces home now. he will also have to find consensus on capitol hill. >> i can't guarantee what will happen with more troops. but if we don't reinforce, i can guarantee we will lose. >> i will not commit to more combat troops at this time. >> reporter: the one thing both

agree on is that the current strategy is not working. increasing the pressure on the president to make his decision soon. at the white house, joel brown, wjz, eyewitness news. it is a new term and a new justice for the nation's highest court. the u.s. supreme court begins its 2009-2010 term with so to mayor on the -- so to mayor on the bench. this term has some new issues. switching gears, it was a chilly start to the date, but temperatures are climbing this noon. take a live look outside. another beautiful day and sunny skies over baltimore and we are live with marty in the sunny outback. we will talk to you in a second. first we begin with

meteorologist bernadette woods. >> reporter: hello. what another gorgeous day. we started out temperature wise because it was on the cool side, 47 baltimore. 39 degrees in oakland. that is a sign of the times, isn't it. 55 in ocean city and we are recovering this afternoon with the sunshine out. already up to 64 degrees. 74 at the ocean. 54 out in oakland. but we have some more changes coming our way. for more on that, here is marty. >> reporter: thank you. good afternoon everybody. indeed it is beautiful out here this first full monday of october. i got news for you, it will stay pretty nice. we move into the midweek. let's take a look at a graphic. we have moisture moving our way. a bubble of high pressure. it will funnel in some milder air. in other words, we will stay in the low 70s today and tomorrow. by midweek, we will jump into the mid-70s. that will come at a price, and that will be some early october rainshowers which frankly will help fall kick off a little bit. got to have a little bit of rain to get a little bit of color.

after that, though, long term forecast says we might be shivering by this time next week. it is tough to say. meteorologist bernadette woods with all your weather details coming up shortly. back to you inside. thank you. the ravens fans are not celebrating a victory on this monday. ron matz is live back at wjz.com with more on the game in new england and reaction from our wjz fan cam. >> reporter: thank you. this is a tight and emotional filmed game. the ravens' defense came up with a big play when suggs sacked brady. that cuts the pats lead to 3. however, the ravens were never able the make up the deficit. their final drive ended right here. mark clayton couldn't hang on to this 4th down pass.

new england wins 27-21. some people were still enthusiastic about this season. >> i am. i don't think it will have an aventh. i think it -- affect. i will make the team stronger. >> my spirits are very high for the ravens. they did a great job yesterday, down to the wire. they are number one and will stay number one. >> they still look like a playoff team to me definitely. i think the ravens will go far this year if not all the way. >> absolutely. doesn't dampen. we lost in the last couple of minutes. >> i'm still pumped and ready for purpose fridays and waiting for the sunday games. >> reporter: and two injury notes from the game many of you saw. gaither was taken off the field on a stretcher. x-rays of his head and neck were negative. and linebacker brendan tore his left kwa dry zep ss. the ravens look to bounce

back at home when they play the bengals this coming sunday, the game you can see right here on wjz 13. still to couple today at noon, deadly bombing an attack targets the united nations building that helps feed the poor. now police say it could be the taliban getting revenge on the u.s. an autistic child sneaks on to a flight. investigators are trying to figure out how he got past security. take another live look outside this noon. meteorologist bernadette woods will be back with the forecast.

ñ?ñ?ñ? police in pakistan say five people are dead following a bomb inside the united nations agency. a bomber deguised as a -- disguised himself as a security guard and blew himself up. the attack comes 1 day after the

taliban viewed to get -- vowed to get revenge for missile strikes. rescue workers have called off the search for survivors following last week's massive earthquake in indonesia. crews are focusing on retrievering bodies from the rubble. tents have been set up for tens of thousands of people who are now homeless. investigators are still trying to figure out how an autistic 14-year-old was able to sneak on to a plane. airports don't require id for minors to get past initial security. police say davis had been text messaging with a girl in chicago and they believe she was his sole motivation for that trip. and there is an alarming new report about autism out this noon. according to new government studies 1% of all children in america may have it. previously it was believed 1 out

of every 150 children were affected by autism. still to come on wjz eyewitness news today at noon, take a live look out side. bernadette woods will be back in 2 and a half minutes with the first warning weather forecast. let's take a look at today's midday stock numbers. we can't live in a bubble.

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♪ come get yours for just $24.99. walgreens. there's a way to stay well. welcome back everybody. okay. 47 degrees is where we started out the day. you see across the region it was a cool morning but recovering

pretty nicely this day with the sunshine t. winds out of the -- the winds out of the northwest gusting at times. that is keeping the dry air in place and keeping this storm down to our south. those northwest winds are in combination with a storm to our north and high pressure dominating our forecast. as we head through today, the high will pass over us and move off to the east tomorrow. still close enough tomorrow that we have a nice day. during the afternoon hours, clouds will start to increase as this storm comes in. tomorrow night into wednesday these chance for rain. by wednesday night it is already out of here. northwest winds take over once again and we dry out for thursday. we have another storm coming over the weekend and that could bring more changes and a round of cool air behind it. the forecast for today, we are getting up to about 70 degrees. sunny to partly cloudy. it will be breezy at times and tonight going down to 46. it will be a chilly one. but tomorrow once again we recover to 72. some more clouds as we head

through the afternoon and evening hours. maybe a little bit of rain tomorrow night into wednesday before that storm getting in and out of here, clearing us out once again for thursday. we will have the five gay coming up late -- 5-day coming up here. early changes coming our way. thank you. mid-october, right. we are getting there. still to come on eyewitness at noon, destroying deadly tumors. and remember wjz is always on. here's some of the the stories we are following on our website. go to wjz.com for the morni

in today's eyewitness health watch, more than half of u.s. adults say they will get the h1n1 vaccine for themselves and 75% say they will get it for their children. that is according to a new survey by harvard researchers of a thousand adults. the finding conflict with a study published last week showing only 35% would definitely have their kids vaccinated. british scientists think they have found a new way to fight a type of childhood cancer. they say they have developed two antibodies that bind to molecules in the immune system, making it more powerful. researchers found 40-60% treated with the antibodies could be destroyed. brain tumors currently account

for 15% of children deaths with cancer. >> reporter: held without bail. he is accused of stalking and secretly videotaping espn reporter erin andrews and a judge could free him today. a new york family stopped shopping and riding in a car for a year. how they managed and whey they learned. -- what they learned. join us today at 4 right after dr. phil. don and mary. thank you very much. the 5-day forec

welcome back. here's the 5-day forecast with marty. >> reporter: the next 5 days, a chance of showers coming in wednesday morning. we will keep temperatures in the low to low mid-70s. keeping them on the normal. 71. by saturday, the beginning of what could be a change in our weather as you move into next week. and showers take the temperature down to 70. let's throw it back inside. thank you, marty. a reminder, be sure to tune into the cbs primetime line-up tonight at 10. first csi miami followed by eyewitness at 11. thank you for watching eyewitness news. >> i'm mary bubala. and don scott. >> and more marty bass, have a great day. we will be back at 4 and

>> phyllis: y-your mom said that you were at st. mary's hospital with sharon. did she go into labor? >> nick: the baby died.