free speech? a father says his grief over the loss of his son was exploited. protected under the first amendment? >> here's what people are talking about. an emotional debate. a church claims the first amendment allows them to protest at military funerals. a grieving father says it's an invasion of privacy. mary bubala is live outside the u.s. supreme court where today the justices heard both sides of the argument. good afternoon, mary? h. >> reporter: good afternoon, kai. and good afternoon to everyone

at home. it was an emotionally-charged but lively session inside the u.s. supreme court today. i watched as the justices covered both sides about questions that get to the heart of free speech, versus individual rights. >> reporter: with lines wrapping around the u.s. supreme court -- >> you claim that filthy flag is great ♪ >> and protestors standing on the sidewalk. the debate over america's first amendment rights, versus a private individual's to be shielded from hateful speech unfolded in the u.s. supreme court. on one side, the father of fallen u.s. marine matthew supplyder -- snyder. >> it is not protected to inflict emotional distress on others. >> reporter: protestors caused the father extreme emotional distress. the church says its members were on a public sidewalk, speaking about public issues. >> the rule of law is the mere fact that you take offense at

words or call yourself having your feelings hurt over words is not enough to shut up the speech. >> reporter: during oral arguments, justice ruth bader ginsburg questioned why should the first amendment tolerate the exploiting of a grieving family, when you have so many places to protest? justice steven breyer asked, can a person put anything on the internet or tv about a private individual? >> i hope they realize, this isn't just a case about speech. it's about harassment, targeted harassment at a private person's funeral. >> reporter: the nine members of the u.s. supreme court will now decide whose rights are greater, the freedom of speech of a tiny radical church based out of kansas -- >> going straight to hell ♪ >> reporter: or a grieving father trying to bury his son in a solemn ceremony. >> all we wanted to do was bury matt with dignity and respect. >> reporter: so the supreme court is now deciding whether a

private figure can sue if he is the target of hateful speech, a decision on this issue is not due likely until this spring. i'm mary bubala, reporting live outside the u.s. supreme court. kai, back to you on tv hill. >> all right, mary. thank you. we will be checking back in with mare nea little while. -- mary in a little while. flames shoot out of the ground. it's a gas main on fire in columbia. bge crews are working to find the leak. until they do, the fire will burn. a contractor doing work struck the line. bge turned off power for several dozen customers as a precaution. murdered in cold blood. a young johns hopkins researcher, killed while talking to his mother on the phone. denise is live with details. >> reporter: minutes ago, a memorial service began at turner auditorium on the campus of johns hopkins.

stephen pitcairn was robbed and stabbed july 25th, while walking. two will stand trial for murder in january. pitcairn's colleagues from hopkins are speaking at the memorial service. there will be a reception, open to the public, immediately after. >> the stephen pitcairn memorial scholarship fund has been established at the school of medicine. for more information on how you can contribute, go to wjz.com and click on local news. right now, the jury over the ken harris murder trial continue to pour over evidence in the case. derek valcourt has more on why the jury may be delaying its decision in the murder of a baltimore city councilman. derek? >> reporter: well, just before lunch today, the jury told the judge, if they were not able to reach a unanimous decision on the two most important counts in this case. the counts of felony murder and conspiracy to commit murder.

the judge told them that they should go back to the deliberating room. in essence, keep on trying to reach a unanimous verdict. >> reporter: defendants jerome williams, charles mcgainey, and garrett collins face a long list in the 2008 murder of baltimore city councilman ken harris. they say harris visited the haven lounge. but he walked in on a robbery, tried to get away, and was shot in the back. prosecutors told jurors, dna on evidence like gloves and a halloween mask used during the robbery, linked the three defendants to the crime. and they showed surveillance video that puts defendants on the crime scene. defense attorneys say the evidence against their clients is circumstantial. >> reporter: so the defense's arguments may have played through with some of the jurors. it appears that they are definitely having a hard time reaching a unanimous decision. it is unclear how long the judge is going to let them

continue to deliberate. no doubt he's going to at least let them go through 5:00 tonight. may very well ask them to come back tomorrow morning. >> stay with wjz and wjz.com. we'll bring you the verdict as soon as one is reached. it is a closely watched race. and it's shaping up to be a tight one as well. a new poll over the first congressional district shows democratic u.s. representative frank kratovil and andy harris are neck and neck. harris, a veteran state senator, is favored by 43% of like levoters. that's compared to 40% for frank kratovil. the poll's margin of error is about 5%. so when that's taken into account, it's virtually a tie or dead heat. another race marylanders will be watching this november is the race for governor.

governor martin o'malley and former governor ehrlich will meet. denise will moderate. it will be broadcast exclusively here exclusively on wjz at 7:00. do you have questions for the candidates? submit them by going to wjz.com, and clicking on the link at the top of the home page. some sun is on its way back. after gray skies and occasional rain, the sky is slowly clearing up. meteorologist tim williams is here with the updated numbers from first warning weather. hi, tim. >> hello, kai. we're deputily looking at -- definitely looking at another day of pretty cool temperatures. not quite as cool or as damp as we had the first part of this week. 53 degrees. 60% relative humidity with a west wind at 8 miles per hour. that west wind is going to eventually bring dryer conditions into our region. but as you see, with still a bit of a steady rotation from a low-pressure system, just up to the northeast, we're still getting a little bit of cloud cover. and the sun is not helping. every time the sun comes up, it warms up the ground. and the warmth and the moisture

starts to really just pick up all of it lifted up to the upper levels of the atmosphere. and we get the clouds again. it's just kind of self- defeating. it's really not going to help us until that system gets completely out of here, which will be tomorrow. kai will have the complete updated first warning forecast and tell you how long we can expect to see the sun in just a few minutes. >> all right, tim. we'll see you then. let's check on the roads with sharon gibala. at traffic control. >> we are enjoying the break from the rain. and so are drivers. there is only one accident on the beltway. on the outer loop at liberty road on the right shoulder. speeds in the area, just a touch slow. but everything running pretty smoothly otherwise. as far as other delays go, just a slight one on 95 northbound. just approaching the beltway on the southwest side. speeds there, just below normal as well. there is a look at your drive times and the speeds on the top of the west side of the beltway. top side outer loop between 95 and 83. between 83 and 95, you're at 32.

so 19-minute drive times in both areas. there's a live look at the top side of the beltway. there's a live look at the beltway at 83. this traffic report is brought to you by the cochran firm. if you've suffered a personal injury, call the cochran firm. 1-800-the if i firm. -- the firm. two people are in the hospital after a school bus collides with a minivan this morning. the bus had just dropped off a load of children. andrea fujii has that story from north baltimore. >> reporter: this bus driver just left barkley elementary, when he collided with a minivan. >> it's speculated that the school bus went through the traffic signal at the time of the impact. >> the bus driver had the red light. he just sped through the red light and hit this lady in this van. >> reporter: the driver of the van was taken to the hospital. her daughter, sitting in the back seat, was not hurt. onika and andrew were driving behind them. >> her head was all bloody. she had glass like coming out of her mouth.

i don't think she knew what happened. she was asking us what happened. >> her daughter was shook. she hit her chin on the door, but she had a seat belt on. >> witnesses say a man helped pull them out of the vehicle. >> witnesses say the car then went on to uproot a tree. >> it was very, very scary. i never saw anything like that before in my life. >> reporter: the bus was on its way to pick up more children. since the bus was empty at the time, the crash could have been a lot worse. >> you have small children, grade school kids on a school buzz. and i don't know that they -- bus. and i don't know that they have seat belts. but could certainly have caused more serious injuries to these children. and we're fortunate that didn't happen this morning. andrea fujii, wjz eyewitness news. >> both drivers suffered nonlife-threatening injuries. police are still investigating the cause of the crash. baltimore is jazzing up its street signs. a new federal law requires all metropolitan traffic signs to

be made with reflective material or be illume flated. -- illuminated. the new signs will make it easier for crews to get where they're going. baltimore is in the area making changes to all signs. they have until 2015. still ahead on eyewitness news at 4:00. would you like to lose a few pounds? lie in bed. we'll explain why in today's healthwatch report. a woman getting hit by a car. she lived to tell about it. wow. it's video you'll have to see again. and a race against time. the efforts to free lily, the filly. and the rain moves out and sun returns. meteorologist tim williams has your updated first warning forecast. eaeaeaeaeaeaks to sen.

eaeaeaeaeaeaks to sen. i think we need tax breaks to send kids to college. so i worked for a $2,500 tax credit to help pay for college. fought to get pell grants expanded and insisted that college loans go directly to kids instead of through banks. i'm barbara mikulski. i approve this message. because it's not about the next election, it's about the next generation. right? yeah!!! bge's instant discounts got our homeowner to switch to energy star® cfl bulbs. 3-way cfls really click with my style. learn to speak the language of energy efficiency at bgesmartenergy.com. [ monkey cheeps ] [ male announcer ] a bath becomes even more pleasurable when you know that your water is being heated in an environmentally- conscious way while saving you hundreds of dollars on your water-heating energy bill. the geospring water heater from ge with advanced hybrid technology.

heating the water in your home any other way is just going to seem primitive. [ monkey cheeps ] ♪ maryland residents can save up to $780 while funds last. i'm frank kratovil and i approve this message. the real andy harris. buried in his website - a promise to replace the tax code with a 23% sales tax and eliminate the mortgage interest deduction. a bush tax panel said families would pay $6,000 more a year. a reagan tax advisor calls it a very dumb idea. but that's not his only bad idea. harris was the only senator to vote against expanding the child care tax credit and against the state's cancer treatment program. andy harris' extreme ideas will cost us.

if you thought your morning commute was bad, be thankful

you're not in l.a. this tractor-trailer jackknifed with a car. no word on the status of the driver as the crash shut down three lanes of interstate 5. it's the main north-south artery in california, backing up traffic for miles. a brazilian woman is lucky to be alive, after she is struck by a drunk driver. it is pretty disturbing to watch, we want to warn you. take a look. she is trying to cross the street approximate when out -- street, when out of nowhere, she's hit. the force of the impact sent her 60 feet into the air. the driver did stop to see if she had injuries. amazingly, she walked away with only minor injuries. in today's wjz healthwatch, getting enough shut-eye may play a key role in helping you shed the pounds. dr. kim mulvihill weighs in on the evidence. >> reporter: americans go to great lengths trying to lose weight. some ideas, whacky. >> i have heard about the

cleansing diet. now, that i hear is pretty crazy. >> reporter: others, tried and true. >> i would probably cut out the carbs and the greasy foods. and you know, eat more vegetables. >> reporter: but here's the real eye opener. >> if you don't get enough sleep -- and we're talking eight hours of shut-eye, you're not going to lose the fat. >> reporter: researchers studied 10 overweight volunteers who were all put on a diet for two weeks. they slept for eight hours a night. and for two weeks, they slept just five hours a night. the volunteers lost the same amount of weight, regardless of how much they slept. but pound for pound, they lost more fat when they got more sleep. those who were sleep deprived, they didn't lose weight, they lost lean muscle mass. that's weight you don't want to lose. >> that would explain why sleeping beauty looks so lynn. [ laughter ] -- thin. [ laughter ] >> reporter: the biggest challenge for americans, finding the extra time to sleep. >> cheating yourself out of

sleep does affect your sleep. it can lead to heart disease, memory loss and depression. the marching continues toward a milestone. the dow was up again today and moving closer to the 11,000 mark. the dow was up 23. s&p and nasdaq both lost ground today. let's go to new york where alexis christoforous has tonight's cbs money watch update. companies cut jobs unexpectedly in september for the first time in seven months. according to the payroll company adp, private companies laid off 39,000 workers last month. the report comes two days before the labor department's big monthly unemployment report. american airlines is calling back 800 furloughed pilots and flight attendants. the carrier says a new alliance has created new opportunities. pensce has a new idea for nissan to build a new four-door version of its small lines of

cars. it will include a larger, five- seat passenger car. sales of the smart car are down 62% this year. and penske hopes a larger version will boost sales. disconnect yourself from the social net work while you're eating out. according to the latest zagat survey, most people say it's rude to text, e-mail, talk or chat while at restaurants. the cell phones also found that people are eating out less. and the bryce dropped about a nickel. the first price drop in about 21 years. a few pieces of history are still making music on the auction block in new york. ♪ [ music ] >> now, if you didn't know, they're called orchestryans. and they were the best enterat

the same time -- entertainment around for years. many are expected to fetch about a half a million dollars each. interesting. still ahead at 4:00, alarming statistics. the shocking new studies about teens and binge drinking. miracle rescue. a hiker recaps his ordeal. the skies are clearing up. will they stay that way? meteorologist tim williams has the latest. instant updates and first warning weather all the time, click wjz.com. two governors, two different approaches. even in good times bob ehrlich didn't make education a priority. he increased college tuition by 40%, cut school construction by $200 million, and ehrlich voted to eliminate the department of education while serving in congress. but in the toughest of times, martin o'malley has made record investments in public schools,

new school construction, and o'malley froze college tuition four years in a row. with martin o'malley, our children always come first.

welcome back, everybody. good afternoon. i'm mary bubala, reporting, live from outside the u.s. supreme court. where the justices are in session today. it is a typical fall day down here in washington, d.c. the breeze has kicked up. we're seeing some storm clouds on the horizon. over to you, kai. >> all right, mary. thank you. we'll check back with you and end with you in just a little while. right now, we want to check in with meteorologist tim williams. he's got a strange phenomena going on with the sun coming

out, producing clouds and then kind of keeping things overcast, he said, tim? >> it basically is, kai. we call it self-destruct. the sun comes out. but it doesn't really help itself at all. the air is cool aloft. the ground is cool. but it starts to warm up the ground. and we, of course, have had all of this rain. it brings up all of the moisture, brings it into the cooler air. and next thing you know, it's condensing and bringing the clouds again. it's called self-destruct sunshine. and that's what we have right now. 58 degrees right now, our temperature at bwi thurgood marshall. 59% relative humidity. with the winds to the west/southwest at 9 miles per hour. it is eventually going to bring us dryer air. for right now, it's helping to usher in this rotation of showers that are moving around. the storm system itself. mary talked about storm clouds. really just getting kind of light showers. this is the big rotation we're talking about. an upper-level low-pressure system. just up into the great lakes.

and we have another system, a larger system that is off the coast of new england. they're bringing these clouds and rain showers all the way back to the eastern edge of ohio and then down around toward us. eventually, those low-pressure systems will start to move out of here. they'll lift up and out of here. they take the spin with it, take the clouds with it, and allow for more of a westerly flow to dry us out. right now, temperatures in the 50s. still very low, considering our average for this date is 51 degrees. 54 in cumberland, 62 on the shore. and in pax river, 59 up in elkton, where the winds are coming in. just a light wind across most of the region. and again, this flow is going to eventually start to usher in those dryer conditions. and we'll start to see that later this evening and into tomorrow. in the bigger picture, the rotation here is just off the coast of new england and will eventually just start to fizzle out across most of the mid- atlantic states. and you see most of the shower activity is in pennsylvania. but we will not rule out

steadier showers as we move into this evening. because again, we'll get another wave of that moving on through. tomorrow, the skies will start to clear up for pleasant conditions. we'll start to get a run of 70- degree and midsifntd oop -- mid70 degree temperatures. we'll stay at or above normal. we'll get out of these 50s and 60s. it's going to be a nice weekend. especially if you're heading out to the ravens game. this is keeping an eye on the tropics. tropical depression. now 17. out there. could be named otto, over the next few days. not expected to impact any land. we'll keep you posted. of course, the tropics are still very active as they have been over the last few weeks. sunset today at 6:40. small craft advisory. next high tide this evening, at 6:09. with that said tonight, temperatures going down to 46 degrees. partly cloudy and cool. pretty much on target. partly sunny and breezy tomorrow. average, 71. we'll be around 72.

and we see a good bit of sunshine, heading right on into monday. >> sunshine sounds good, especially for the weekend. >> it will be. >> thank you, tim. don't miss tonight's cbs primetime lineup. at 10:00, it's the new legal drama, the defenders, immediately followed by eyewitness news at 11:00. katie couric has a preview of what's coming up tonight on the "cbs evening news ." they're responsible for one- third of our food supply. but over the past three years, tens of millions of bees have been dying off. now, researchers think that they know y. find -- know why. find out tonight, only on the cbs evening news. thanks, katie. new developments in the massive egg recall. what investigators are finding will shock you. i'm mary bubala, live at the u.s. supreme court, where the father of a maryland marine gets support from war veterans, including two from baltimore. that story just ahead. little girl abducted. the car chase rescue that saved her life.

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it is 4:29. 58 degrees with cloudy skies. thanks for staying with eyewitness news. i'm denise koch. >> and i'm vic carter. here's what people are talking about. >> a california man risks his life to save a child who was abducted from her home. kendis gibson reports with the story. >> reporter: victor perez recognized the truck in the surveillance video from television news reports. >> i just took the chance to follow the truck. >> reporter: he cut off the driver. they exchanged words. then perez saw the girl who had been abducted while playing outside her home monday. so he cut off the driver again. the suspect then pushed the girl out of the truck. perez stayed with her until police arrived. >> she was terrified. she said twice, i'm scared, i'm

scared. she asked me if she was going to be okay. and i said, you're okay for now. and just waited for the right people to get there to help her out. >> reporter: the little girl had been sexually assaulted. police arrested 24-year-old suspected gang member, gregorio gonzalez. they say he fits the description of a man who exposed himself to two girls earlier in the day. >> we know that the longer a victim who has been abducted is with the assailant, that the more likelihood is that we're not going to be able to recover them alive. so victor is a hero. >> the police chief credited perez for putting himself at risk to do the right thing. but the good samaritan says he was just doing what anyone would do. kendis gibsonux cbs news -- gibson, cbs news. >> the police say the suspect has been arrested numerous times before and he's been convicted of domestic violence. a maryland marine, case is in the hands of the highest court. the church claims it was exercising its first amendment

rights. the marine's father says it'ses are harassment -- it's harassment. mary bubala has more on this emotional debate. >> reporter: it was such an emotional day for albert snider, -- snyder the father of the marine whose funeral was proprotested. today, i observed him sitting quietly in front of the u.s. supreme court justices. but when he emerged from the hour-long oral arguments, sn yder was surrounded by war veterans, including two mo -- who traveled from baltimore to be by his side. >> we feel people have the right to freedom of speech. but they cross the decency line. and like mr. snyder, enough is enough. it's traumatic enough to lose a family member. and they don't need a circus alongside it. >> i feel that we've gotten beyond the point of common sense.

and the first amendment is being misused, things like that. and i wanted to support him. because i'm in agreement with him 100%. >> reporter: snyder's son matthew was killed in 2006 in iraq. after that, a baltimore jury awarded him $5 million for emotional distress. but that was overturned on appeal. now, the issue is in the hands of the nine u.s. supreme court justices. they will decide whether a private individual can sue over hateful speech. we'll continue to follow this story throughout the evening. but for now, vic, back to you. >> okay, mary. thank you. and of course, we will check back in with you at 5:00. sailors on board a u.s. warship attacked by al qaeda back in 2000, are suing the sudan for damages. the suit was filed this week on behalf of eight crewmembers on the uss cole. the sailors say they have suffered from physical injuries and post traumatic stress since

the attack. and that sudanese support allowed suicide bombers to attack the destroyer. family members killed in the attack won $13 million in the previous lawsuit. 13 of the sailors who died had ties to maryland. militants in pakistan are on the attack again, torching tanker trucks, filled with supplies for u.s. troops in afghanistan. as american forces continue to fight, there is word the afghan government has started negotiations with taliban leaders. charlie d'agata reports for wjz with the latest. >> reporter: a raging inferno engulfs fuel tankers, bound for american troops in afghanistan. pakistani gunmen are trying to keep vital supply convoys from reaching nato forces battling taliban fighters. they've attacked six convoys in less than a week. as the war in afghanistan enters its tenth year this week, there's a report afghan president hamid karzai is

holding secret talks with taliban leaders to end the fighting. according to the washington post, the taliban is negotiating a deal to lay down their arms in exchange for a part in the afghan government. they're also demanding withdrawal of all nato and u.s. forces. but there's little sign of piece in the taliban birth place of kandahar. the city's hospital is flooded with casualties, after another series of deadly roadside bombs. in london, charlie d'agata, wjz eyewitness news. >> now, public support for the war is slipping in the united states and western europe. already, the netherlands has pulled out its troop, the first nato country to exit. pushing mexico's country. tiffany hartley says her husband was riding a jet ski last week, when he was spot in -- shot in the head by men chasing him with speedboats.

governor rick perry said mexico needs to do more to find the body and return it to u.s. soil. new evidence in iowa's salmonella egg-taint -- salmonella-tainted egg farms. >> reporter: we've all heard the reports on wright county egg. piles of manure. dead animals, rodents, all around the eggs being served to the public. now, the lawyers in a class- action lawsuit against the plant are seeing it all for themselves. >> a dangerous food-born pathogen, injected hens, its eggs, and sickened hands of -- hundreds of people nationwide. what we're seeing in these inspections is that nothing has changed to prevent this from happening in the future. >> reporter: the attorneys are touring the dozens of hen houses out here right now. and by the end of the day, they hope to hit the feed house back here, too, to see what all is going on at wright county egg. >> we were up to four feet in

manure. >> i feel confident about our chances. >> and they say the danger is still there. it's been weeks since the fda's reports on the conditions at the facility. but the attorneys say little has changed. >> this is going to take a long time before any of this is cleaned up. and they're still manufacturing eggs. >> the lawyers are documenting everything. and they're ready to bring it to court. >> people who were sick for three to five days and then got better. to people who were in icu for up to 15 days. >> they absolutely deserve justice. they're going to get it. >> the group toured hillendale farms last week. they'll inspect six farms before they're done. new research shows just how many young people go too far when it comes to drinking alcohol. adam may is in the newsroom with details. adam? >> the study was just released by the centers for disease control and prevention. it found that 35% engage in binge drinking. among high school students, 60% they say binge drink.

this is defined as four or more drinks over the span of four hours. and men are twice as likely as women to drink in excess. >> the cdc estimates that binge drinking kills nearly 80,000 people in the u.s. every year. two tornadoes touch down in arizona every day. the twisters ripped through an rv park, damaging at least 30 vehicles. the tornadoes also blew a parked freight train off its tracks and pushed several semis off the road. at least seven people have been injured so far. none seriously. weather now much calmer. in fact, the sun has been out several times today. bob is here with the updated numbers from first warning weather. sun is out, just south of the city. take a look south of the area. you did see -- can see that sunshine in d.c. to our west and north, however. you still have a lot of clouds. and even a few showers popping up. across extreme western portions of pennsylvania, west virginia. and western maryland, some of these just might make it across

the mountains. although the chances are not that great. one thing that is for sure, the low pressure sitting up across the northeast, will be pulling out tomorrow. and that means a big warmup and a lot of sunshine. we'll have that forecast in just a few minutes. denise? >> thank you tbob. let's check on the roads now with sharon gibala at wjz traffic control. >> hi there, denise. we've picked up three beltway accidents now. one of them causing a big delay there. watch for that one on the inner loop at falls road. it is block if the inner lane. a second crash on the top side inner loop in the clearing stages at perring parkway with a 12-minute delay behind that, to 83. and that accident on the outer loop also in the clearing stages at liberty road on the shoulder. meantime, we have an accident on 295 northbound. that approaching route 32, savage road. and one more in sykesville. that one at old liberty road. delays there still on 95 northbound just approaching the beltway. can you -- you can see, speeds

getting back up to 56 miles an hour. slowest spot, 41 miles an hour. on the top side outer loop between 95 and 83. taking a live look, looks like the accident and delay have cleared out is there. everything slow on the top side inner loop at green spring avenue. and there's a look at 70. typical sluggishness. this is brought to you by purdue, oven-ready roaster. we're a quarter of the way through the season. and it's still a tight season through the pro football challenge. tim is here to update the standings. >> reporter: i'm at wjz.com. but i'm nowhere near the top of the leader board. not this time. the sports guys are starting to show their expertise. as we take a look at week 4 standing. mark is in first place with 41 points. stan in second, following very closely with 39. and they are followed by jessica and bernadette, each with 38 points. i asked for this week's winner.

it is aryana -- sorry, aryana boothe of essex, maryland. she -- she picked 13 of 14 games. way to go, aryana. you can still sign up to play. just go to wjz.com. and click on the special connection on -- section on the home page. >> tim, better luck next time for you. ravens are back at home to face the denver broncos. you can see the game live here on wjz 13. straight ahead, wjz's eyewitness news at 4:00. red tide of death. can emergency crews keep this contaminated sludge from reaching europe's second largest river. we'll take a look at the nieman-marcus catalog. and the weekend is in sight and so is the sun. bob has the updated first warning forecast coming up. ,,,,

lawyers for one of the two rutger students accused of secretly taping a student say she was innocent. officials say they broadcast a gay encounter, v.ing robby tyler clemente on the internet. clemente jumped to his death off the george washington death two days later. the two could face time in prison. vermont father could face time in prison. hoohe was seen smoking illegal crack in the car where his child was and the substance was later found in his child's system. kai is in the newsroom with the latest on a story of a killer. >> reporter: the elderly woman's remains were discovered in the woods by two hunters. police confirmed that the body was that of 78-year-old pat

o'hagan. her family and friends have been searching for her for nearly a month. police say they know how she was killed but won't divulge it at this time, saying they want to preserve the integrity of the case. crews hurry to scramble to protect against toxic sludge. it is extremely acidic and will burn unprotected skin. at least four people are dead. officials say if not stopped, it could flow into the danube river and be carried to several countries. back here in the u.s., firefighters in hawaii are battling a series of wildfires it scorched 50 acres of bush in oahu. they also worry the fires could create long-term damage to the

ecosystem. a washington man -- washington state, that is, is speaking out for the first time since he was mauled by a bear. john chillminiac still bears the scars from an attack by a bear. he says he was walking his dogs when he was attacked by the animal. he lost his left eye but is otherwise expected to fully recovery. -- recover. in too deep. dozens work to rescue a pony, more than a dozen feet down a well. it was the ride of hear life and the one that saved it. before lily the filly was hoisted to safety, nearly 24 hours after falling into an old well in calla veras county, 15 feet deep, rescue crews from four different agencies were in deep thought about how to get her out. the plan sounded simple enough. >> it was just a matter of getting into the hole and working with the horse. >> but the fear was, the young horse, which had fallen through

some plywood that was covering an open hole -- >> if she slipped out while they were hooking her up, she could hurt herself. >> reporter: thankfully, that didn't happen. the harness was lowered. and so was the vet whoy sedated lily. then came the moment everyone waited for. lily the filly went from in to deep to on her way out. despite a stressful event, the horse is expected to be okay. a hiker spent six weeks lost in joshua tree, national park. the man wandered about 24 feet to a canyon. he said he was almost too weak to stand when ray helicopter appeared days later. >> finally, the helicopter that i had seen for days came into

the canyon. and the gentleman asked me. hey, are you that rosenthal that is out here? [ laughter ] i said, yeah. >> when he was rescued, the man had already written a goodbye note to his family on his hat. the family of a woman injured on the set of transformers 3, has filed a lawsuit against paramount pictures. the woman was work as an extra when she was hit in the head by flying metal. her family said the hit left her partially paralyzed. the family is seeking unspecified damages. among the one of a kind items is a hand-made golden ukeleley for $6,000. and if you're serving dessert, check out this life-sized gingerbread house. it costs nearly $15,000. >> but you can eat it.

it's prab practical. >> i'll take the house boat. a dry day with lots of sunshine. bob turk has your first warning updated forecast after this commercial break. [ female announcer ] after months of martin o'malley telling us "maryland is moving forward"... ...and moving maryland forward. [ female announcer ] ...this jobs report tells the truth... maryland's economy stalled. [ male announcer ] "we face an uphill struggle in trying to regain the jobs lost." [ female announcer ] o'malley attempts a cover-up, falsifying the jobs report to help his campaign. [ male announcer ] "whatever we can do to make it disappear, we need to do it. that's coming straight from the top..." [ female announcer ] martin o'malley. first he makes stuff up. when caught, he covers stuff up. we need a governor who tells the truth.

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here's a look outside. still partially gray skies. but still see something skies. >> lower eastern shore, portions of southernamentament colgd you ever -- county had a bust of sun. 58. west/southwest winds at 9. barometer, right now, beginning to go back up. 29.86 inches. 62 down in ocean city. 62 in pax river. and the cool spot, they have been stuck in the 30s and low 40s for the last three days. 41 in oakland. that's a real taste of fall. 54 in cumberland. and 59 up in elkton. the dew point is pretty low. actually drying out at 44 degrees. west/southwest winds across the region. tomorrow, that would be a

little more of a southwest wind. it's going to bring you in much milder air. and a lot more sunshine and dryer conditions. the low pressure that has been plaguing our region for about three days now. still a portion across new york and pennsylvania. the bulk of the rain spreading moisture all the way back to ohio and west virginia. look at that big spin. that's typical of low pressure now. you see these showers in western pennsylvania? i don't think they'll make it over the mountains tonight. but there is a risk. particularly out in far western maryland, of showers, the next two hours or three hours. for us, maybe a shower between now and about 9:00. otherwise, it should begin to clear out. look at south of us, beautiful, clear conditions. particularly across southern virginia, southern maryland and the lower eastern shore. no problems down there at all. high pressure begins to build in. the low pulls out. and it's going to start to warm up. temperatures by the end of the week. into the weekend, it will be in the 70s. even maybe the mid and upper

70s by sunday or monday. so we got a nice, nice fall warmup headed our way. on the bay tomorrow, west wind, 10 to 15. bay temp around 66. sunrise, 7:08. celts at -- sets at 6:40 p.m. forecast then for tonight. a lot of clouds and some breaks. call it 46. tomorrow, back up with more sunshine. a nice little breeze. tomorrow's high, very perfectly pleasant. normal highs around 70s. right where it is supposed to be. >> just about where we're supposed to be. thank you, bob. still to come on eyewitness news tonight. the father of a fallen soldier from maryland goes before the highest court in the nation. i'm mary bubala coming up next on eyewitness news at 5:00. a live report with details ,,,,,

coming up next on wjz's eyewitness news at 5:00. in-court battle. stop worshiping your feelings, and start obeying god. >> a maryland father fights against military funeral protests. remembering stephen pitcairn. his murder stunned baltimore. i'm mike hellgren with how his community is paying tribute to him today. ongoing deliberations. a jury struggles through a verdict in ken harris' murder trial. what a judge had to order them to do. more on this and today's breaking news. eyewitness news at 5:00 starts now.

demanding justice. >> all we wanted to do was bury matt, with dignity and respect. >> some maryland marine's funeral, targeted by protestors. >> tonight, the supreme court heard arguments that they are protected under free speech. hi, everyone. i'm kai jackson. >> and i'm mary bubala. live outside the u.s. supreme court where today the father of a fallen maryland marine went before the nation's highest court in a battle between individual rights and freedom of speech. with lines wrapping around the u.s. supreme court. >> you claim that filthy flag is great ♪ >> reporter: and protestors packing the sidewalk, the debate over america's first amendment rights, versus an individual's private right to