jackson. >> and i'm mary bubala. >> here's a look at the final tally, greg bernstein has 49% of the vote, jessamy has 48% of the vote. we begin with pat at the board of elections where the votes are still being counted another this hour. >> reporter: apparently when the board of elections stopped counting votes last night with greg bernstein ahead by 1,400, not all of the votes in the city had been counted. the vote count ended in the city's state's attorney's race early this morning. with greg bernstein ahead by about 1,400 votes. >> we don't know the totals yet. >> reporter: but what no one seemed to appear until this morning was that not all the votes had been counted. a total of 27 takes from six districts were left out or

missing. >> her understanding from a conversation with her people and her representatives with the campaign, is this totals six to 10,000 votes. that's what she's hearing, we're waiting for this information to come from the board of elections, but her people are down there. >> reporter: jessamy's spokesperson says the votes could make a significant difference, rendering absentee ballots. we're told that 100% of the ballots have been counted now, and we're waiting for the final

tally. >> and mike hellgren has more votes that could shift the vote. >> reporter: there are more than 2,000 absentee ballots, many bernstein supporters think they will weigh in his favor. we won't know because they are not being counted until tomorrow. and we haven't heard from him because he is not talking today. one of his biggest supporters defense attorney warren brown sounds victorious. >> i've talken to a lot of people that are looking forward to a new leader. >> reporter: 3,600 were requested and more than 2,000 have come back. elections director armsted jones. >> all of these numbers are

unofficial until september 20th. >> reporter: and the ballots could begin coming in today. >> people are getting away with murder because patricia jessamy failed to convict them. >> reporter: public officials like the mayor said who wins won't impact her. >> i'm committed to working with whoever the voters choose as state's attorney to stop crime in the city. >> you never seem to get out of the cellar of your division. it's understandable the owner might want to bring in a new manager. >> reporter: bernstein says the strength of his campaign comes down to people wanting to feel safe. >> they're tired of the violence, they're tired of living in one of america's most dangerous cities and they want to see change. >> reporter: the ballots will

be counted by machine, it comes down to them and again there's up to 10,000 so called missing votes that pat warren just told you about. reporting live at the board of elections in baltimore, mike hellgren, wjz news. the other closely watched vote, joe bartenfelder. adam may has a closer look at the november elections. >> reporter: the votes are still being counted here in baltimore counted that's because of some problems with some electronic machines. but tonight, kamenetz has already been named the winner and his candidate is being

called the winner. >> i reach out to everyone in baltimore county to heal our division, join together because once again i believe that we will be democrats united. >> reporter: he defeated joe bartenfelder who ran a grass roots campaign. >> i appreciate you, thank you. >> reporter: now comes the final battle to represent the county's 400,000 diverse residents. >> do you feel like the black horse in this race? >> certainly when i started i was very much a dark horse. i was about 50-1 to use a darker term. right now we're even money, i think we're a very good bet. >> reporter: with ronald reagan looks and many policies to match, holt wants to cut taxes

and more. >> i want to absolutely cut property taxes. >> my hand is extended to joe and when i meet him in person i will reknew that as well. i ask joe for his support and more importantly his help. >> reporter: tonight we learn that holt is planning a fundraiser at the end of the month by campaigning together, they're hoping to increase republican turn out here in baltimore county which will be good for both candidates. adam may, wjz news. the rematch is officially back on between maryland's current governor martin o' malley and bob erlich. he greeted a crowd of supporters this morning in annapolis alongside his running

mate mary cane. governor martin o' malley easily won the primary. the primary paveed the way for a big political shift in washington, d.c. the city voted out its current mayor adrian senti with 98% of precincts reporting, senti had 48% of the vote. there's no republican running in the general election in november and the city is overwhelmingly democratic. in delaware another big political upset. coming up all new at 6:30. more on the win for the tea party's movement. wjz13 is always on. check in for complete coverage of campaign 2010, for instant results and reaction log on to wjz.com. we continue to follow breaking news right now out of

northeast baltimore. sky13 is over a shooting. let's go to captain mike perry with more. >> reporter: the initial information was that of a shooting, police and firefighters responded to the scene. apparently there was a blazing gun battle as we were told, the pharmacy, the lock raven pharmacy, an attempted robbery. at that point they exchanged gunfire between two suspects and the special police officer. a running gun battle sort of insued. we saw a window at the cleaners shot out. at that point, apparently no one was injured, but they ran from the scene down to lock raven boulevard and northern parkway where the private security guard captured at least one of two suspects, the second suspect fled the scene. police are still here conducting their investigation. the information here, an attempted robbery but no one

was shot. health concerns tonight for students at stevenson university. a student there was hospitalized with meningitis. >> reporter: right now officials say only one student has contracted bacterial meningitis, right new that student is in stable condition. students who might have come in contact with that student are being treated preventively with sipro. symptoms are stiff neck and headaches, those symptoms can come about within hours or days. >> meningitis is generally treatable with antibiotics if diagnosed early. some tense moments at a howard county high school after a body is found in the area. a jogger found the body outside long ridge high around 7:00 this morning. the school was put on lock down

while investigators investigated. howard county police don't suspect foul play in the death and say students in that area are safe. tonight, more than a dozen maryland division correctional officers are under administrative leave. they are under investigation for use of excessive force of a detainee. >> reporter: the officers boss says an investigation is under way and if it finds these officers were using excessive force they will be seriously disciplined and possibly unemployed. an internal investigation at the baltimore detention center is under way to determine whether several correctional officers used excessive force force against a detainee. >> it's a combination of roughed up. he was injured to the point that he had to be taken to the hospital for treatment. and then brought back to us. >> reporter: wendell france is the commissioner of the division of pretrial detention and services under the state's

division of correction. the officers in that department monitor prisoners who are waiting for a trial or waiting to postbond. none of them were injured. the commissioner says what triggered the incident is still under investigation but he says all the officers on leave were either directly involved with the attack or they watched it go down. >> sometime in the near future we'll be ready to make some decisions as it relates to what that level of participation was and what sanctions will be placed. >> send them through the process. let them see how it is on the other side. all it is is people that get a little bit of taste of power and exploit it. >> reporter: gregory williams says he wants to see more action against police brutality. in 2008, nine officers at a western maryland facility faced criminal charges for beating an inmate until his eyes were swollen shut. >> if they begin acting as the population acts, then we've lost control over what goes on

here. >> reporter: and the executor director of the officers union did not respond to our request for an interview or a statement. as for the victim, he is recovering from nonlife threatening injury, still in custody for various assaults and gun charges. weijia jiang, wjz eyewitness news. >> thank you. possibly disciplinary action include suspension, termination and criminal charges. clear and sunny, two ways to describe the weather around maryland tonight. a live look outside, shaping up to be a great night out there. wjz is live with first warning weather coverage. bob turk is updating the weather for us. >> tomorrow, it might get a little warmer shouldn't be all that humid. but we do have a chance of a shower. two batches of rain developing in the midwest, which could possibly bring us a shower by late in the afternoon or early evening tomorrow. right now we're still at 83 degrees and still very dry. you see that low pressure

developing over wisconsin, it's going to pass across buffalo or eerie tomorrow. it might bring us a late afternoon or early evening shower. perhaps even a gusty thundershower. still ahead, moving forward in the gulf, millions of the gallons of oil spilled into the water, tonight the steps that will permenantly put an end to the disaster. back in america, a woman returns home after being held in iran, the plea tonight to bring her friends home too. i always say that you are my heros because it's hard. dr. jill biden wife of the vice president is in maryland today. i'm jessica cartalia, why she's on a mission to improve education next on wjz. and clear skies over maryland, more of the updated first warning forecast with bob coming up. ,,,,

as a career prosecutor i made decisions on facts not politics. in washington, i'm trying to do the same. that's why i voted to crackdown on wall street and protect the bay. and why i voted against the $3 trillion budget, the big bank bailout, and against the health care bill. you see for me it's not about democrats or republicans it's about common sense and doing

what's best for our families. maybe that's why i'm ranked one of the most independent members of congress. i'm frank kratovil and i approve this message.

the mothers of two american hikers still being held in iran are hoping their son's freedom will come next. as manuel gallegos report, they have renewed hope after a third hiker was released. >> reporter: the mother of bouer and p attel can't help but hope their sons are next. shourd released on $50,

$500,000 bail because of a health problem. laura pattel and laura hickey last saw their sons when they were allowed to see her parents. iranian prosecutors say they are planning to go ahead with the espionage trial. but the mothers and sarah say that will not give up until sean and shane are free. >> cindy hickey says she was told that the two were in good spirits. plenty of activity going on

out there. we have an accident northbound 29 at 32, that has been delayed, that's at john hopkins road. still a 20 minute drive time on the north side. that's from charles street to harper road. providence to york road also congested. a couple of crashes in the city. darley avenue and hillen road at east cold spring. taking a look at 83 to 95, 25- miles-an-hour average. and 20 minutes to get through. the north side at green spree avenue, plenty of congestion. go to subway and try one of the new breakfast sandwiches. only at subway, eat fresh. back over to you. dr. jill biden wife of vice president joe biden is in anne arundel county today. jessica cartali reports, she's here to stress the importance

of education in the nation's community colleges. >> reporter: security tight at anne arundel community colleges as dr. jill biden, wife of vice president joe biden meets with students and staff. >> president obama says he wants to meet the goal by 2020, for our nation, for america to have the highest college graduation rate. >> reporter: she currently teaches english at northern virginia community college. >> i always say that you are my heros because it's hard. what you're doing is so hard and you're persevering. >> reporter: dr. biden stopped by several classes and stopped

to cook with culinary students. >> we think of the faculty, the programs and what we're doing here to try to help the local economy. >> reporter: also today the white house announced dr. biden will serve as chairwoman of the first ever white house summit on community colleges october 5th. all in an effort to further develop america's work force. the summit will bring students together. they will talk about ways to expand community colleges into the community. weather has been beautiful. take a look at temperatures right now, 83 but the dewpoints though and humidity is way down. west winds at nine, the barometer holding steady. we'll ,,

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more sunny and dry conditions, looks like slight change may come about this time tomorrow afternoon or tomorrow evening we might get a couple of showers. we need some more rain. take a look at temperatures

right now. still pleasantly mild, but the humidity so low you don't really feel that it's 83. 85 in washington, 73 ocean city, 72 in oakland and cumberland. the dewpoint is low. we're in the mid- to upper 60s, you would feel the humidity in the air but you don't feel it when we're this dry. it gets kind of breezy as another front comes through. across northern plains and as far east now as missouri but it's beginning to break out some what. that would drag a front across the great lakes into the ohio valley tomorrow afternoon, tomorrow night. it will reach our region in the evening, maybe late tomorrow night. maybe after midnight the front will go through the region and it could set up some scattered showers, maybe a gusty

thundershower, depends how warm it gets, but the best location with that activity will be west virginia, ohio and western p.a. and new york. it's going to warm up tomorrow again, társ it's going to get a little more humid. the sunshine returns for the most part on friday. with a risk of showers and that front going through. let's go to the tropics once again, igor category four down a little bit. heading toward bermuda. that little spot right there is down in the gun sights of this hurricane. it probably will be a hurricane two. the water is colder out here then it's going to shift off quickly to the east-northeast. it will not affect the united states. julia now a four, very strong storm. going to move up to the north- northwest. probably just well east of bermuda as it runs into that cold water. so that will not affect any where. karl a lot of rain in the

yucatan. may become a hurricane four before it comes on shore again in mexico. a lot of rain down there, for us nothing like that. tonight clearer skies, very comfortable. love this kind of weather. tomorrow, sun and increasing clouds with the front getting close. 84, maybe 86, we'll have an evening shower and thundershower threat for a few hours tomorrow. still ahead, better reporting rape cases get the attention they deserve in baltimore city. understanding heart health,,

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it is 5:30, 83 degrees and clear. good evening everybody thanks for staying with wjz's eyewitness news. here are some of the stories people are talking about tonight. new reaction to improvements in investigating rape cases in baltimore city. our media partner the baltimore sun are investigating the police department not following through when women report a rape. the number of rapes that the police department has not investigated has climbed by 20% compared to this time last year. >> my goal is to reduce the number of rapes. my goal is also to make sure that if someone is attacked, and is a victim of sexual assault that they know that

their story will be heard. >> reporter: this year so far, 112 rapes have been investigated in baltimore city that's compared to 94 last year. the progress reported just as a u.s. senate hearing looks into underreported rapes across the nation. >> unless there is a consistent interpretation of these reports as to whether they should be investigated and recommended for prosecution. then we really don't have a good grip of what's happening nationwide. >> reporter: the executive director of the woman's law project in philadelphia who called for the hearing says it is a long overdue step toward justice for rape survivors who were revictimmized by the systems who should have protected them. including new york, cleveland, new orleans, milwaukee and st. louis. in baltimore patrol officers are no longer allowed to classify rape reports as unfounded. >> i changed that policy immediately. we made sure that we had a hot

line for anyone that felt that their case should be reopened, or just wanted to talk about it had a place to go. >> reporter: mayor blake also called for an internal ballot of the unfounded rapes now police must write reports for all sexual assaults. >> chilling testimony in a connecticut courtroom for the lone survivor of a home invasion. vic joins us in the newsroom. >> reporter: dr. pettit's wife and two daughters were killed. pettitte describes how the attackers beat him and his wife and two daughters. he later escaped to get help. he returned to his house on fire. kai back to you. >> vic, thank you. hayes alleged accomplice,

another man is serving and awaiting trial. one part of the disaster in the gulf may soon be over, the well that caused the spill could be permenantly sealed this weekend. nearly five months after the rig explosion that set off the disaster, the government's point person on the well says the well will be sealed on saturday and called dead. tonight on wjz's health watch report, your personality type may determine your future risk of heart problems. people with a type d personality had a threefold increase of cardiovascular program. that includes cardio disease. and ostheoporosis drugs may

increase the risk of fracture. drugs like boniva are effective but may be linked to injuries. doctors say people taking those drugs shouldn't stop if they experience persistent pain in their thigh or groin, they should talk to their doctor. tests now show merida could risk the heart attack risks for people. >> reporter: the weight loss drug meridia quickly became popular after it was approved. >> if they don't remove the drug entirely they will probably put significant limitations or warnings on the use of the drug. >> reporter: a study out earlier this year found in

overweight people who have cardio vascular problems, meridia raised their risk of heart attacks by 50%. dr.musoroni is a weight loss expert who has designed meridia's competitor avit. >> we use merida when other types of treatments don't work. >> reporter: but others think meridia come with too much risk. it is difficult to discern a credibility rational for keeping this medication on the market, said experts. >> we don't think any weight loss is worth such risk. >> reporter: the advisory committee could recommend that meridia should be pulled off

the market or be sold with a warning. toyota is asking a federal court in california to dismiss hundreds of lawsuits involving sudden acceleration issues in it's vehicle. the company claims attorneys for the plaintiffs failed to identify any defects in the vehicles. a slew of lawsuits were filed after toyota recalled millions of the vehicles for acceleration and break problems. also in tonight's wjz consumer watch, a toy recall from a popular restaurant chain that caters to kids. toy eyeglasses are affected. the plastic on the toys can break and small children may be able to swallow the battery inside. the batteries have not been linked to any reported

injuries. christine o' donnell won the race backed by republican leaders. >> reporter: she's the tea party nominee who beat the odds to win the republican primary. but the key now is if she can win in november. >> if those same people who fought against me worked just as hard for me, we will win. >> reporter: christine o' donnell beat out mike castle in delaware's primary. and she did it despite republicans who mobilized against her. >> democrats in delaware nominated someone that they don't believe could win i think in the words of the state party chair, couldn't be elected

dogcatcher. >> reporter: o' donnell is just one of the string in tea party candidates. but they hope the ultraconservative views will be a turn off for more moderate voters in november. at a washington rally, the keyword was unity. >> we cannot in this moment waste the opportunity by tearing each other down. >> reporter: tea party candidate carl paladino won the republicans nomination in new york. the next big test will be the general election in six weeks, at stake will be nothing less than control of congress. in washington, joel brown, wjz eyewitness news. it's a local update for you, here in maryland still too close to call the city's state's attorney's race.

greg brenstein has a slight lead over jessamy. check in with eyewitness news for more information. new airline seats will allow you to really get to know your fellow passengers. that's because the sky rider seats remains up right and cuts your leg size to just about 8- inches. the airlines are interested in this type of seat because of course they can pack more fliers. twitter is undergoing big changes. users may be able to check out pictures and e-mails in an easier format. today workers installed a

sculpture of zapa at the southeast anchor of the eastern avenue. the festivities will include a performance by frank's son dweezel zapa. time now to look at some of the stories you will full-time tomorrow morning. potential lay offs that could put hundreds out of work. why experts are urging caution for kids using energy drinks. and features on top athletes, for these stories and more read tomorrow's baltimore sun. and remember to look for weather updates from the wjz weather team. and the first week of the wjz profootball challenge is in the books. jessica cartalia is here to update the totals. >> there's a tie among my colleagues here at wjz.

let's look at these infamous possible head standings. two of us have 11 points, mark, stan and me we still have no idea how that happened. so does donald sizemore of manchester maryland. you can still sign up, just go to wjz. >> good job, jess. >> we don't know how it happened. >> i think you're blessed with good intuition. you can watch the ravens against the bengals exclusively live. the viewers always do better than us. >> the viewers have the mojo. don't miss the evening news with katie couric. here are one of the stories

they are working on. >> the most important person in the classroom is the teacher. but how do we know the teachers are making the grade? we continue our report on reading, writing and and writing. and a beautiful weekend, we'll have a ,, today is the day i double down.

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- friend: yeah? car owner: and this is what he had in my budget. friend: oh well, the top is down! car owner: the top is gone! friend: yeah, there's lot's of head-room! car owner: tons of head-room! careful! friend: ow! car owner: that's sharp. friend: cheese! car owner: yeah. sorry. carmax spokesperson: settling for less is not smart. what is smart is getting more car for your money at carmax. guaranteed quality used cars can cost a lot less than new cars, so you can get more car for less money by shopping at carmax. now more than ever the smart choice is carmax. the way car buying should be. comfortable night tonight. beautiful evening out there, temperatures in the upper 50s most places. lots of sunshine in the beginning of the day then some clouds are going to be coming in during the afternoon. take a look at that forecast by about 5:00 or 6:00. maybe a shower or brief gusty

thundershower in a couple of spots. probably will get a little warm, will probably be in the 80s tomorrow. upper 70s, looks like a great weekend. 80, 82 and 78. lots of sunshine from friday into monday. mary-- >> bob, thank you. in today's energy saver or phantom loads increasing your utility bill? plug all your computer components into a power strip then just switch that strip off when you head out for the day. for more information on how you can be an energy saver, go to wjz.com. rescue workers in chile say they remain on track to get the miners home for the holidays.

one miner received a very special delivery. >> reporter: the noise of the speeding drill gave new hope to the 33 miners below. but one got a ray of hope of a different kind. this is esp era nza, hope in spanish. she's a brand new baby daughter of trapped miner elizondo. hope's proud grandmother says she was sad her son couldn't be at the birth but at least he had the video to cheer him up. it could be months before she's in his arms. the men have been trapped in sweltering conditions for more 40 days and could be stuck there until christmas. wjz eyewitness news. the miners have become

national heros in chile. they've received hundreds of job offers where they won't have to work understood ground. >> the news industry, an american mourn the death of edward newman. newman worked with nbc for more than three decades until his retirement in 1984. he's known for anchoring meet the press. besides that he was the author an author. a woman who's charging with abusing a 91-year-old woman in her own home.

help for first responders responders, what they are demanding. when nature calls there's nothing better than a pretty bathroom. the votes are in. the bathroom was chosen based on cleanliness, design and accessibility to the public. >> the bathroom features hand painted murals and unique features. the bathroom is located at the most photographed ice cream parlor. >> when i go out, i make a big observation in the bathroom. that tells you how clean it is. >> eyewitness sports is next. >> mark viviano is live at the ballpark with the o's.

>> it's been an upswing here in september for the o's. i'll talk to the team. i'll have the latest from them. and that's all ahead when eyewitness news continues. ,,,,

it's the time of year when baltimore switches it's attention to football. but baseball gets some september attention thanks to the orioles who are surging under manager buck shorewalter. fans even wearing showalter t- shirts last night. the biggest improvement has been the pitching, jake arieta pitched six scoreless innings. and i asked arieta about the o's improvement. >> we've really turned the corner as a team. defensively, offensively, you know our starters, our bullpen, everybody is just stepping their game up. buck has something to do with

that, but the players are you know were the ones out there getting the job done. but you know buck deserves a lot of credit for the job he's done with this team. >> reporter: brad burgeson pitches tonight for the o's as they go against the blue jays. earlier i was in owens mills. a lot of ravens players are tired and sore after a victory. the aches and pains are worse for other team that is have lost their starting spot. matt safford will sit out sunday. joe flacco is lucky he's not on that list. i asked flacco about surviving what could have been a damaging hit. >> the surf can be a pretty big

enemy sometimes. it all depends on how awkwardly you land. i think it was fortunate to get given in pretty flat and not have any of my limbs underneath me when it happened. but if you're going to get hit. you have to get up and keep standing in there. >> reporter: flacco is tough. he says his neck and shoulder still hurt today but he's okay to play in cincinnati on sunday. and you can see the ravens and bengals right here, sunday at 1:00. more ahead on eyewitness news at 6:00. live from the ballpark. we'll send it to you. and still to come on wjz eyewitness news. the race for baltimore state's attorney is down to the the

♪ ♪ ♪ [ female announcer ] mcdonald's new chicken flatbreads. all out awesome combinations of juicy, grilled chicken topped with roasted garlic aioli and a natural four-cheese blend. mcdonald's chicken flatbreads. the simple joy of new discoveries. ♪ everyone knows a fee is a tax. you raised some taxes during that period, particularly the property tax as well as a lot of fee increases. as you know, there's a big difference

between fees and taxes. but...they're the same. it's a tax. it's a tax. it's a tax. it's a tax. there's a big difference between fees and taxes. fees and taxes are one in the same. if it comes out of my pocket, it's a tax. now he says it isn't true. we didn't raise taxes. what? still doing the same thing, paying out more money. typical politician. definitely.

coming up on eyewitness news at 6:00, the final votes are counted, will they make a difference for state's attorney? new results are released >> reporter: a very close and expensive race for baltimore county executive comes to an end, we'll hear from the winner coming up breaking news a robbery leads to gunfire near a shopping plaza. a live report near the scene sunny and calm conditions, is there a change in the forecast? >> check in for these stories and the breaking news.

wjz at 6:00 starts now. this is wjz tv, wjz hd and wjz.com, baltimore. >> from the city, to the counties, to your neighborhood, now it's complete coverage, it's wjz, maryland's news station. down to the wire, the votes are counted in the race for the state's attorney. tonight the wait. hello, everyone. here's what people will be talking about tonight. >> there's no clear winner in the race for the top prosecutor's office. wjz just receive updated numbers after the votes were counted with 100% of the precincts reporting, pat jessamy has 47% of the vote. live at campaign 2010