the u.s. supreme court. on one side, the father of fallen american marine, matthew snyder. >> there is a civilized way in america. but it does not involve inflicting emotional distress on others. >> the church says they were on a public sidewalk, speaking about public issues. >> the law says, calling your feelings hurt over words is not enough to shut up the speech. >> reporter: during oral arguments, justice ruth bader ginsburg asked why should the first amendment tolerate exploiting of a grieving family when you have so many places to protest? >> i hope that they realize that 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 to 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: the u.s. supreme court is now deciding whether a private figure can sue if he is the target of hateful speech. that decision is not expected to come down until the spring. so this emotional day for al snyder, he now has to sit and wait. live outside the u.s. supreme court, i'm mary bubala, back to you on tv hill. attorney generals representing 48 states are supporting al snyder. we'll hear from one of them coming up at 5:30. keep trying. that's the message to the jury as they struggle to reach a

verdict in the councilman's murder case. wjz is live in the courthouse east. derek valcourt is there. and is following the extensive deliberations. derek? >> reporter: just before noon, those jurors came out and said that they were having a hard time reaching an agreement, saying that there was definitely some disagreements going on in the jury deliberation room, all of this indicating that this trial could be heading towards a hung jury. >> jurors tell the judge they were not able to reach a unanimous decision on the two most important charges in the case, felony murder and conspiracy to commit murder. the judge told the jurors to keep deliberating in the trial against 17-year-old jerome williams, and 22-year-old charles mcgainey and garrett collins. they're accused in the death of harris in 2008. defense attorneys are cautiously optimistic about what the jury's statement to the judge means. >> it could be that 11 are holding out in favor of acquittal. it could be another number.

but i don't know. again, they're taking this deliberating process very seriously. >> reporter: councilman ken harris was visiting the haven lounge in northeast baltimore, when he walked in on a robbery. he tried to get away and was shot in the back. prosecutors argued that dna evidence on gloves and a halloween mask found near the scene implicate the suspect who were also spotted in surveillance video taken in video nearby. but the defense tried to punch holes in the evidence, arguing there is no solid proof that these three men were the robbers responsible for harris's death. >> the jurors released for the day, just after 4:00. that's slightly earlier than they have been released earlier this week. they were ordered to come back here tomorrow morning to resume their deliberations. live in the courthouse. derek valcourt, wjz eyewitness news. >> derek, thank you. if they are found guilty, all three suspects face the possibility of life in prison. dozens of people in howard county, without power tonight.

and bge says a gas main fire is to blame. vic is in the newsroom with details of the outage. right now now, they say until the gas leak is repaired, gas will continue to purn. take a look this afternoon. officials say a gas line began to leak, which started this fire. bge had to cut off electric itto 61 customers in that area, because the fire is dangerously close to underground electric lines. there are also 8 customers who do not have gas or electric service while crews work to repair. >> the cause of the leak is under investigation. there is no estimate on when repairs will be complete. a big day on wall street. the dow jones on the verge of a milestone. the 11,000 mark. s&p and nasdaq both lost ground today. the dow has not seen the 11,000 mark since early may. a new record for maryland

high school seniors. the state with its lowest dropout level in 11 years. more seniors are also getting their diplomas. after dropping out of high school four years ago, darrent farmer is back finishing his senior year. >> i got everything coming. >> his story, an example of what is being seen in just- released school assessments across the state and especially baltimore city. >> every single child in our school system can reach their fullest potential. >> reporter: the city's graduation rates hit an all- time high of 66%. and the dropout rate sinks to a record low of 64%. >> the decline of the dropout rate, i venture to say, dwarfs that of most urban school districts in the country. >> this is stunning. >> reporter: state superintendent nancy grasmick says improvements in baltimore

city also help the state achieve record results. maryland's rate hits 87%. >> our students, being prepared for college and career, is the important goal. >> darent farmer reports on just that. >> you have to be willing to do it. against education. and make better decisions. >> what do you hope to do with this education? >> i was planning to try to go to medic school, become a physical therapist. >> good goals. >> yeah. >> they are good goals. and baltimore city is also seeing more 9th and tenth graders staying in school. school leaders project that the rate will continue increasing over the next couple of years. back to you. >> thank you, adam. nice story and good news. only 33 students across the entire state failed to graduate. but they didn't pass high school assessment tests.

a promising hopkins researcher murdered while walking to his apartment. and nearly three months later, they celebrate stephen pitcairn's life. wjz is live at johns hopkins. mike hellgren has more. >> reporter: the memorial started about an hour ago. it is closed to the public. guests include the university's president and many members of mr. pitcairn's family. >> reporter: friends, coworkers and family, came to celebrate the life of johns hopkins researcher stephen pitcairn. and to heal. months after the 23-year-old was stabbed to death in charles village. the murder sparked outrage in baltimore. pitcairn was on the phone with his mom july 25th, as he walked home from penn station. police say john wagner and lavelva merit killed him for the cash in his wallet. they told investigators they were hunting to rob somebody that night. both had long criminal records. the young pitcairn left a strong mark on baltimore.

he quickly made friends here. he was set to come to medical school, and had the personal recommendation of the former university president, who spoke at the service. family asked for privacy today and it was closed to the media. >> reporter: we did see shuttle buses taking quite a few people directly into the auditorium. mr. pitcairn's killers are set to go on trial. >> pitcairn was killed just a few days before his 24th birthday. the crisp fall air is here. but it won't stick around much longer. clouds out there in this october day. but sunny, spring-like warmup is approaching. bob turk and meteorologist tim williams are tracking the weather. >> take a lock at radar. there are a few sprinkles to the east of us. a few more showers in extreme western maryland. but when we open up, you can see the bulk of the rain, across new york. pushing to pennsylvania. some of the activity here in

the ohio, pittsburgh area. they may get into the extreme western sections of the region. we can still see a shower between now and about 9:00. that's pretty much done, i think. tim williams in the outback with a look at what we can expect. >> as that low-pressure starts to move on away from us, it takes with it, the clouds and moisture. and this graphic tells the story. really, what we've we're -- we're going to see is dryer air coming in. and just a nice stretch for really the next five days. we'll setemperatures -- see temperatures going above the average. mid-70s for really the majority of the weekend and beginning of next week. bob will have your complete updated first warning forecast coming up. still ahead on wjz's eyewitness news at 5:00. dramatic rescue. took their chance to follow the truck. >> one man jumped into action to save a kidnapped child. how a traffic maneuver saved her life. >> a city school bus collides

with a minivan, sending two people to the hospital. and police think they know who is responsible. i'm andrea fujii. that story just ahead on wjz eyewitness news. i'm mike schuh, wjz eyewitness news in harford county. this is bruno the bear. he has come here to say thank you. we'll explain what that means when eyewitness news continues. waiting on sunshine. warm weather is around the corner. the updated first warning forecast coming up with bob.

so who is "making stuff up"? the news media say it's bob ehrlich... with attacks that have been called "false" and "misleading." made up attacks bob ehrlich knows aren't true. but here's what's not made up. bob ehrlich's $3 billion in taxes and fees. the $2.5 million he got paid working at a lobbying firm. or the fact ehrlich worked for the casinos to put slots at arundel mills mall. now, bob...that's all true.

i'm frank kratovil and i approve this message. the real andy harris. his past attacks have been called deceptive, his new attack, false. harris voted for deregulation increasing our electric bills by 72% it's not surprising, harris always sides with the big guys. he opposes cracking down on wall street and supports tax breaks for companies that ship jobs overseas. harris even opposed making big insurance cover cancer screenings. andy harris' extreme ideas will cost us. two people are in the hospitalaf a bus collides with a minivan.

this bus driver just left when it collided with a minivan. >> it's speculated that the school bus went through the signal and collided in the minivan. >> the bus driver had the red light. he went right through it. >> the driver was taken to the hospital. her daughter, sitting in the back seat was not hurt. >> her head was all bloody. she had glass coming from her mouth. she didn't know what happened. she was asking us, what happened. >> her daughter was shook. she said she hit her chin on the door. but she had a seat belt on. >> reporter: witnesses say two men nearby helped pull the females out of the vehicle. >> was very, very scary. i never saw anything like that before in my life. >> reporter: the fire department says the bus was on its way to pick up more children in armisted gardens. and since it was on its way to pick up more children, it could

have been a lot worse. >> i don't know that they have seat belts. but certainly could have caused more serious injuries to these children. and we're fortunate that didn't happen this morning. >> reporter: andrea fujii, wjz eyewitness news. >> now other both driver -- now, both drivers suffered nonlife-threatening injuries. police are still investigating the cause of the crash. if you're wait being for someone to get home from work, let's check on the roads with sharon gibala. >> hi there, kai. good afternoon, everyone. we did clear up the accidents on the top side of the beltway. that's good news. unfortunately, we still have this one on the west side of the beltway. on the outer loop, you can see we have slow speeds in that area. a new wreck also to report. that one at bel fast road. speeds still looking good. a little slow if you're heading down in the area of pedonia road. watch for an accident on 295 northbound at route 32. all lanes do get by. none blocked there. there is a look at your drive times and your speeds on the beltway.

25 miles an hour, your slowest spot on the west side, inner loop between 95 and 795. on the top side inner loop, you're looking at a delay between 83 and 95. 15 minutes there. there's a live look at the top side, at maryland 41. that's one of the spots where we had an earlier accident at perring parkway again. the delay, unfortunately, not clear from the northwest side there at green spring avenue. and there's a look at the top side, at york road, a delay there, also at the inner loop. this traffic report is brought to you by dsw, designer shoes warehouse. back to you. >> thank you, sharon. a harford company known for its products to ease joint pains in animals and humans had someone drop by today for a visit. mike schuh reports, he wasn't allowed inside. and you'll see why he was barely allowed in the parking lot. >> reporter: it's common in maryland to see deer in residential neighborhoods. in fact, bear sightings are

become becoming more common. but at this industrial site, roadie the kodiak bear. it is the headquarters of nutrimax. they make this supplement that helps with joint pains in humans. and brodie, a 16-year-old kodiak had a bear of a problem. >> they noticed he was limping. and they narrowed it down to a problem in his hips. >> i wanted to get him on something to take care of it. i started in march of 2010. and have seen a dramatic difference. >> taking a bear-sized dose of this powder can make a difference. >> it was making a difference. his vetterinarrian had dwifn it to -- given to him for the right side of his hip. i offered, why don't you come in. i'll send you some. and we'll see how we can work together.

>> reporter: because of those samples sent, brodie is here to say thanks and give those who work on the line, making the supplements a boost. >> we can help a lot of different animals. i mean, i'm a veterinarian. and i can develop products that can make a difference. >> i appreciate what nutrimax has done for us. brodie could live another 10 years or so. and i want to keep -- easy. i want to keep him on this for a while. >> reporter: mike schuh, wjz eyewitness news. back to you now on tv hill. >> brodie is enormous. [ laughter ] >> wow. >> brodie and his trainer live in southern indiana. and when not performing in movies and commercials, appear at outdoor shows. they're called kodiaks. they're grizzlies. very big. >> i hope he has a big home to run around in. >> why. and take a look at the great forecast here. 57 now.

west winds at 8. barometer rising. come back and take a lock at the end -- look at the end of the week after this. ,,

and good evening. welcome back. i'm mary bubala, reporting tonight. live down in washington, d.c. outside the u.s. supreme court, where a case with lots of maryland interest is being heard. it was heard earlier today. the weather down here has been a typical fall day. we have had some sunshine, some clouds. some drops of rain. but right now, -- and some wind. but right now, we're just dealing with some storm clouds that are moving in. we're going to send it back to tv hill and bob. >> thank you, mary. we saw a few minutes ago, we had some sun down there. and there's been a lot of sun south of washington, particularly. take a look outside right now. where the sun has been out, temperatures have jumped to the 60-degree mark. otherwise, we have been stuck in the 50s. and look at this. out far western maryland. oakland still stuck at 41 degrees. believe it or not, 41 is the

average high for the baltimore area, end of december. that's the normal high. 54 in cumberland. 60 in washington. 62 in ocean city. the dew point has come down. dryer air is moving in. the chances of getting showers tonight are not that great. but it's possible. some of that moisture that is out to the west of us, might make it over the mountains. bit of a west wind right now. anywhere from let's say, 9 to 12, 15 miles an hour. tonight, we'll still have a bit of a breeze. and tomorrow, again, more of a west/southwest breeze. going to bring in milder air. feel the clouds, right now. still sunshine across the eastern shore a lot. delaware to our northwest. that's where we're seeing a few sprinkles and showers. they might make it into our region. although i think the mountains are probably killing most of the showers. the wind comes down the mountains. they tend to dry out and warm up a little bit. chance of showers, not that great. what is great is a big area of high pressure that is building

to the west. and as this moves away, big area of high pressure, with beautiful west/southwest winds, going to warm us up. very pleasant tomorrow and friday. and by the weekend, winds go more to the south and southwest. that means temperatures are back above normal. perhaps even mid- to upper 70s by monday. we might even get to 80 degrees, believe it or not. and on the bay tomorrow, a west wind at 10 to 15, with the gusts to 20. and bay temp around 66. sunrise, 7:08. and sets now at 6:40. tonight, then, clouds and clearing later on. it's called partly cloudy. maybe a shower between now and 10:00. mid- to upper 40s. tomorrow, low 70s. a lot of sunshine. a few clouds. a nice breeze. a beautiful day shaping up tomorrow. so get out and enjoy it. and even warmer for friday, saturday, and sunday. looks like really perfect weather. if you're heading out to the football game here in baltimore on sunday. a lot of sunshine. temperatures in the mid-70s.

i mean, that's really great. >> beautiful. >> in the sun it will be pretty warm. >> beautiful. >> yesterday, looks like it's going to be a little cooler. but now, looks like it will warm up even more. >> well, keep working on that. still ahead at 5:00, everybody. a pizza place targeted. the crime that has baltimore county police looking for these men. i'm suzanne collins at johns hopkins hospital. a study shows that more mris and cat scans are being done than ever before. but is all of the information but is all of the information they provide worth the risk? 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,

"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.

why not save on car insurance? [ coin drops ] [ high-pitched voice ] thanks. [ normal voice ] you're welcome. get a free quote at progressive.com.

it is 5:27. 57 degrees. mostly cloudy tonight. good evening, everybody. i'm mary bubala, from wjz, eyewitness news. and here is what people are talking about tonight. the father of a fallen maryland marine went before the u.s. supreme court today. and it was very interesting. as i sat in on the proceedings today, the state of maryland came up several times. the justices asked whether maryland statueute -- statutes covered people at private funerals. that, along with maryland attorney general doug gansler, and 47 other attorneys general from across the country, are supporting albert snyder and his mission to stop the westboro baptist church from protesting at military finals. -- funerals. he was at the u.s. supreme court today and spoke out after oral arguments wrapped up.

>> we felt horrible. we feel horrible in kansas that this church is in our state. and i wanted to get the support of kansas to let the snyders know that the people of kansas stand with him. but french other -- 47 other states stand with him as well. >> reporter: a bipartisan mix as well, of u.s. senators, including barbara mi -- mikulski and ben cardin, also issued in support of snyder. we have breaking news. sky eye chopper 13 is over the scene of a shooting. captain mike perry has more. >> reporter: we're in southwest baltimore, denise. this is off of south morley avenue near old frederick road, in the southwest district. where an adult male has been shot in the upper torso.

the victim was transported just a few moments ago, from the scene on south morly to the hospital. there is no word on his condition at this point. police were seeking a suspect who was last seen running northbound on the unit block. they were canvassing the area. >> thank you, captain mike perry. in sky eye chopper 13. baltimore county police are asking for your help to identify two suspects at a domino's pizza store, armed robbery. vic is in the newsroom with details. the crime occurred in the 3500 block in woodlawn. take a look at these pictures. investigators say that the suspect held a cashier at gunpoint and demanded money. they're described as african american males between 18 and 35. first is 5'9" with a short build. the second, slim build with short black hair. the pair fled the scene with an undisclosed amount of money.

anyone with information about the identity or whereabouts of the suspect is asked to call baltimore county police. in the right place at the right time. and willing to act. a california man risked his own life to help save a little girl. kidnapped from her home. today, that child is safe after a stranger saved her. kendis gibson has the story for wjz. >> 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. and perez saw the girl who had been abducted while playing outside her home in fresno, 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. and she asked me if she was going to be okay. 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 gonzalez 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. >> reporter: 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 gibson, cbs news. >> police say the suspect has been arrested numerous times and was convicted of domestic violence. >> reporter: in wjz's healthwatch report, new findings about just how many adults and teenagers are excessively drinking. every year, more than 33 million american adults binge drink. the new government report also finds one in four high school students has recently done the same. binge drinking is defined as

having four or more drinks within a couple of hours. researchers say men are twice as likely as women to binge drink. there's a push for change in the health care industry. a group says nurses should be given a larger role in the healthcare system. a report from the institute of medicine that is calling for the government to remove barriers. so nurses with a masters degree can order some important tests. experts say more healthcare professionals are needed for the 32 million americans who will get coverage in 2014 under the new healthcare law. when people go to the emergency room with injuries, they often get cat scans or mris. but are those high-tech diagnostic tools worth the risk? suzanne collins has the latest research on that from johns hopkins hospital. when patrons come to the emergency room after a car accident, or even a sports

injury, doctors often order a cat scan or an mri. but a young athlete may rack up a number of those procedures and their exposure. >> how many times have you gotten an i&i? >> i think three or four times. >> and you're how old? >> 20. >> some have just published a study that shows the number of mris and cat scans done in the last decade in emergency rooms for injuries has jumped 300%. >> some studies have suggested that too many cat scans over time can potentially increase a person's risk for cancer. >> the survey says it has been suggested that an estimated 1% to 2% of all cancers in the uk and u.s. may be associated to exposure to ct. >> the benefits may outweigh the risk. but is it worth it? >> for people who go to the emergency department, always expecting that they need to get

a cat scan. sometimes just a good physical exam and just talking to a physician will be just enough. >> reporter: then there's the cost. it's thousands for an mri. hundreds for a cat scan, versus an inexpensive x-ray. >> reporter: the study finds doctors are using more mris than cat scans because they're better for diagnoses. and there is a concern about malpractice. suzanne collins, wjz eyewitness news. >> report says cat scans can also be a life-threatening risk for those who are allergic to the dye. more of a supreme court case of a maryland man, challenging the case of his son's funeral. and outdoor activities. fighting children's obesity. and preparing for the nfl's leading pass serve. for these stories and more, read tomorrow's baltimore sun. and remember to look for the updated forecast.

extinct in the wild. but not baltimore. alex demetrick reports, a small frog from panama would vanish forever, if not for the efforts of the maryland zoo. >> reporter: the animal hospital at the maryland zoo, cares for ill and injured creatures. but in one room, they're saving an entire species species from extinction, the pan panamanian frog. >> there are a few pockets in the wild. so effectively, they are extinct in the wild. >> reporter: but because the zoo collected some golden frogs 10 years ago in panama, the species lives on. >> they have done very well here. these guys have been trick to breed in captivity. >> we have reproduced literally thousands of frogs. >> reporter: but it takes a lot of work to keep those frogs going. >> you have to look at every single frog, every single day to make sure that everyone looks good and healthy. >> reporter: but they wouldn't

stay healthy if released back in the wild in panama. the internet tells the story. a fungus which the frog needs to breathe. >> what happens when their skin thickens, it causes them not to be able to do those things. and they wind up suffocating because of that. >> researchers are hoping to eventually return them to the wild. but for now, just keeping the species alive is gratifying enough. >> it's definitely a lot of pressure. but it just keeping them from extinction is enough. >> because the zoo's breeding program is so successful,ing, frogs have been sent to other zoos and research facilities to expand genetic diversity. i've never seen that frog before. >> no. very pretty. looks like the one at the aquarium. colorful. >> hard to see. >> yes, they are. [ laughter ] don't miss the cbs evening

news with katie couric. here's one of the stories they're working on. the bees responsible for a third of our food supply, have been dying off by the tens of millions. do scientists now have a dee to -- key to the mystery? i'm john blackstone. i'll have that story tonight on the cbs evening news with katie couric. still ahead on eyewitness news at 5:00. shocking survival. look at this. a woman hit by a car, thrown feet from it, manages to survive. we'll explain how it happened. toxic spill. the investigation into what caused this disaster in hungary. i'm bob turk. the first warning weather center. perfect end to the week coming up on the exclusive first warning five-day forecast. here's today's report from wall street. ♪ [ 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. meet pnc virtual wallet. it comes with a calendar that shows you all your finances at once. it lets you know when your money's going out. and when it's coming in. it even tells you when you're running low. we call that danger days. it's built to help you see your money in a whole new light. experience everything virtual wallet has to offer at pncvirtualwallet.com. pnc. for the achiever in us all. ♪

there's a little sun out there. particularly down to the south there. it's been sunny a lot of the day.

tomorrow, however, a much nicer day. take a look at this five-day forecast. and our day part for tomorrow. upper 40s, mid-60s to around 71, 72. before it's all said and done. tim in the outback with a look at that really nice five-day forecast. tim? >> well, nice, indeed, bob. the average high for these days going into the first full week of october and the full peek ahead. 70 degrees. we're finally going to get above. 78 on saturday. 75 on sunday. just in time for the ravens kickoff. probably around 70 degrees at kickoff time at 1:00. and 89. overnight lows comfortably around 59 degrees. when we talk about sunday, let's update now your week four standings in our wjz pro football challenge. well, the sports guys are leading the way. there you see bobblehead mark and bobblehead stan. bobble mark has 39 points. stan has 39.

and then there's jessica and bobblehead bern. tied with each other at 38 points a week. as for the week's winner. ariana picks 13 of 14 games right. she wins a best by certificate. you can sign up. see the wjz pro football challenge. click on it and play each week. water heating is the third largest energy expense in your home. it typically accounts for 12% of your utility bill. but here are a couple of ways to cut costs. first, lower your thermostat on your water heater. they often come from the factory, with high-temperature settings. insulate your electric hot water storage tanks. and try insulating the first six feet of the hot and cold water pipes, connected to the water heater. for more information, go to

wjz.com, and click on our special section on the home page. rescue boats reached flooded villages in central vietnam. the boats are delivering supplies to residents who were stranded after several days. it created massive flooding and landslides. authorities say at least 32 people have died. rivers in some areas are being sent out. in indonesia, at least 56 people died after flash floods swept through the area. besides the flood residents, a total of 62 are also injured. most parts of the country are experiencing torrential winds and strong flooding. hundreds of people are

evacuated after a giant sludge. three are missing. and 120 injured as the unstoppable red sludge damages homes, sweeps cars off the roads. crews are working to clean up the streets. authorities still do not know why part of that reservoir failed. and wild weather out west today. the worst seems to be centered in arizona, where tornadoes tore through. sandra hughes has the latest for wjz. >> the tornadoes that touch down in northern arizona tossed 28 train cars like they were toys. >> i came from the northeast. >> hailstorms, snowstorms, but nothing like this. >> 30rvs were damaged at a business where they sell motor homes and run a campground. no serious injuries or deaths are reported. dozens of homes were damaged. >> i didn't see the one at 5:30 in the morning. i saw the other one pass. and it went to the east of us. >> reporter: the tornadoes are part of a storm system that

swept across the western u.s., dropping record-setting rain. and even surprising residents of phoenix with hail. sandra hughes, cbs news. now, the derailed train cars are blocking main rail lines in the area. the railroads to reopen one line tonight. an accident involving a tractor-trailer. big rig jackknifed into a car. then hit a barrier. then started leaking fuel. heavy-duty tow trucks were backed up. no word on injuries. a 44-year-old brazillian woman miraculously survived after being hit by a car and tossed in the air. take a look. security camera footage shows the one being hit and thrown some 60 feet. from the point of impact. a high-speed car loses control and slams into it. the driver helped to stop the woman, who survived with only minor injuries. witnesses say the driver appeared to be drunk. a few pieces of history are

still making music on the auction block in new york. ♪ [ music ] if you didn't know, they are called orkest -- orkest rions. many are expected to fetch about half a million dollars each. getting enough shut-eye may play a key role in helping you shed those unwanted mounds. 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'd probably cut out the carbs and the greasy food. and you know, eat more vigitables. >> reporter: -- vegetables. >> reporter: but here's a 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 slementd for -- slept for eight hours a night. and for two weeks, they slept for just five hours a night. the volunteers lost the same amount of weight, regardless of how much sleep they got. but pound for pound, they lost more fat when they slept. those with deprived sleep 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 thin. [ laughter ] >> reporter: the biggest challenge for americans, finding the extra time to sleep. >> cheating yourself out of sleep can lead to heart disease, memory loss and depression. >> check in with eyewitness news at 6:00 for all of the new stories. vic is standing by with a preview. a contentious match. who is pulling ahead tonight in the race for congress in maryland's first district. check in for these stories and

all the day's breaking news, coming up at 6:00 now. back to you. >> thank you, vic. it is among the more exclusive holiday catalogs to arrive in the mail. symbolizes both luxury and indulgence. >> wednesday, 2010 nieman- marcus catalog. >> what gets people talking are the his and her fantasy items. >> priced at $1.5 million, as well as nieman's inspired muscle car. >> you won't have to go far to view it. you can view it on your ipad if you don't get one in the mail. >> i'll take the car. >> eyewitness sports is next. this is mark viviano. in owings mills, where the ravens are preparing for the denver broncos' past attack. we'll have the latest from the team. we'll have the trade news. and the baseball play-offs are under way.

that's all ahead when eyewitness news continues. ♪

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after flying high in pittsburgh, the ravens have their feet back on the ground. broncos coming to town. ravens have been showered with accolades that come after an important victory. has the record up to 3-1. some are touting baltimore as a super bowl favorite. but back to work today. they scoff at the notion of a possible letdown after that pittsburgh win. >> there's a week in between games i'm sure there are times when teams have big emotional wins. and everybody says it's emotional. but i mean, you know, there's a week between the games. just like there is every other week. if you can't get your emotions back in check and can't get ready to play the game, we're not the team we think we are. >> back on home turf. and if you don't have a ticket, we'll bring it to you. see them sunday at 1:00, here on wjz 13. after losing to the ravens,

the steelers have a bye week. but they're still preparing for ben roethlisberger who missed a week. pittsburgh managed to win one. roethlisberger will start when they try against cleveland. all-pro receiver randy moss goes from new england to minnesota for a third-round draft pick. vikings brett favre. baseball season is under way. texas rangers brought doom to the dome. bengie molina, base hilts to bring it home. and they didn't need much.

dominated the race. 10 strikeouts in seven innings. lee allows one run. and texas takes game 1 of the best of 5 series. 5-1, the final. coming up next hour, the defending world series champs get ready to open up at minnesota tonight. we'll hear from baltimore native, new york yankee, mark teixeira coming up on eyewitness news at 6:00. you can catch me tomorrow. among our guests, ivan eagle who will call the game. >> still ahead on eyewitness news of the. freedom of speech, versus individual rights, to be protected from hateful speech. i'm mary bubala. a live report coming up from the u.s. sport. ,,,,,,

coming up on wjz eyewitness news. protest at the supreme court. a maryland military funeral, at the center of a battle over free speech. wjz is following this case, live from washington, d.c. a city councilman murdered. and today, jurors are still deliberating the fate of the three men accused in that crime. i'm derek valcourt, at the courthouse. i'll have more on the questions those jurors are asking the judge. more students graduating. less dropping out. i'm adam may, why the state school superintendent is giving to baltimore schools for helping state statistics. that's coming up. cooler air in maryland?

is there a warmup in the forecast? check in for these stories and all the day's breaking news. wjz at 6:00 starts now. first amendment challenge. a father fights back after protestors protest at his son's funeral. >> it is something no family should have to live through. tonight, the supreme court hears through this emotional case. >> reporter: hello, everybody. i'm denise denise koch. >> and i'm vic carter. here's what people are talking about tonight. >> albert snyder's father is in court. it is a case that pits a