robocall trial, a key ruling in the high profile case. >> will all the charges stand against henson. >> i'm jessica kartalija. >> i'm don scott. breaking news in the trial of julius henson , the political operative charged in the robocall scandal. derek valcourt explains the judge made a decision about some of the charges. good afternoon, derrick. >> reporter: the judge decide to throw out one of the three conspiracy charges saying it was redundant and therefore unnecessary but the rest of the case moves full speed ahead. a group of supporters followed consultant henson to court. he is hoping to avoid the same

fate as ehrlich's campaign manager. a jury found him guilty for sending robocalls to 112,000 registered democrats hinting there was no need to go vote. >> basically the state made a mistake in bringing this case and we will prove it. >> reporter: henson was behind the robocalls. his friend and assistant expected to testify as she did in the trial, the calls were a form of reverse psychology. the prosecutor sees it differently charging it violated election laws, amounted to voter suppression and failed to include the disscretion. charges henson and his attorney dispute. >> we are finding the statute itself is vague, overbroad, unconstitutional under the first amendment. >> reporter: that's the argument henson's attorney made, that the law violates his

first amendment right and asked the judge to throw the case out. the judge up wasn't having it. derek valcourt, wjz 13. >> we will bring you updates on the 4:00, 5:00 and 6:00 news. george huguely is the lacrosse player from uva, charged with killing his girlfriend, love, from cockeysville. wjz 13 is live in charlottesville, virginia, near the university. adam may has an update on jury selection. >> reporter: the day two of jury selection. a painfully slow process, most of the people in the pool say they have strong opinions on the case and believe that george huguely is guilty. he is in court, wearing a suit, paying attention to the proceedings. compared to the mug shot we have seen, he looks very tired,

she pale and thin looking, accused of killing his girlfriend. she is the cockeysville native, found in a pool of blood in her off campus apartment. 20 members of the family and friends, george huguely's family is in court. neither one made a public comment about the proceedings. we spent the morning at the university of virginia, we ran in to people that knew both huguely and love, talked to them, strong opinions on the case. a big discussion on campus, since the crime. interviews we got with students will be coming up today on eye witness news. we will keep you posted with the latest on the trial jury selection could wrap up today and opening acts today or tomorrow morn -- arguments today or tomorrow morning. >> stay with wjz for coverage, we will remain on the scene and

bring you the lawsuitest from the courtroom there. if you peeked outside, you know it is gorgeous out there with plenty of sunshine and that sunshine is making it a little warm out there as well. could we see snow in the near future? wjz is live with first warning weather coverage. marty bass is taking it all in. bernadette woods is inside updating conditions. >> another gorgeous one. marty is going to tell you about that since he is out there in a moment. temperatures this is what we have at this hour, we are warming up, we are up to 52 in baltimore. 52 ocean city. in the mountains it's 46 degrees. we will take you in closer, hanging on to 40s, north and west of the city, closer to the water, 51 kent island. 51 annapolis. marty will talk about what is moving our way. thank you very much, good afternoon everybody. it is another absolutely

gorgeous february afternoon. we have weather coming our way tomorrow. you heard snow, i gasped. here is the deal, think back to last saturday, pretty much the same scenario, a weak and moisture starved storm is going to passover us. we are going to see shower activity along the northern tier county, southern pa, snow showers could migrate as far south as the topside of the beltway. are we looking for enormous winter event? absolutely not. not looking at a day like this one or yesterday. that will come once tomorrow's weather passes and we get back to the wonderful winter of 2012. meteorologist, bernadette woods, with details about a bit of a warm up after some snow, during our first warning weather segment. now back inside. thank you very much. prince georges county family of five is treated for carbon

monoxide poisoning. the two adults and three children were medevaced to shock trauma. the incident is under investigation. police believe a malfunctioning furnace is to blame. people are hurt following a mta and bus colliding. this was the scene around 10:00 this morning. 13 people suffered minor injuries. it does not appear anyone was badly hurt. who or what is to blame for the crash is still under investigation. fallout from the controversy surrounding susan g. komen's brief decision to pull funding from planned parenthood. one person is resigning. ron matz has the latest. >> reporter: good afternoon, executive with komen happenedded in her resignation. she announced resignation as vice president for public policy. komen announced it was stopping funding to the women's health group which among other things provides patients with

abortions. it brought a huge backlash and komen reversed its decision later. a former republican candidate for governor in georgia emphasized her opposition to abortion during her 2010 campaign. back to you. >> thank you. in her resignation, she says the policy was vetted by the komen organization and board didn't raise objections when the policy was proposed in november. colorado, minnesota and missouri all hold presidential nominating contests today. romney is looking to add to his string of victorys, santorum looking to jump start his campaign. tara mergener reports for wjz from washington. >> reporter: mitt romney is looking for last minute votes in colorado. he is taking shots at his favorite target. >> this president was elected to lead. he decided to follow. now it's his time to get out of the way. >> reporter: the former massachusetts governor is leading in the colorado polls.

but rick santorum expecting a strong showing today, especially in minnesota. the former pennsylvania senator skipped florida and nevada to convince republican voting today he is the real conservative choice. >> you have an opportunity to reach up this rink. it's just beginning depending on what you do here colorado. >> reporter: the obama campaign is not sitting still. the team is reversing super packed policy, for the first time urging big donors to give money to an outside group that supports president obama. newt gingrich knows all about the power of super packed money. in florida romney buried him under a blitz of negative ads as he rolled to victory. the former house speaker is in ohio today. newt gingrich did not do much campaigning in colorado or minnesota and not on the ballot in missouri. tara mergener, wjz, eye witness news. >> ron paul has a rally

scheduled for tonight in minnesota. he has pumped time and money in to the state hoping for his first win there. >> still to come on eye witness news at noon, details about the case of a rutger student accused of spying on his roommate during a sexual encounter. why prosecutors want to upgrade the charges. high flying circus act goes horribly wrong, the details coming up. another sunny day out there. that could change, your forecast is coming up. ♪ ♪ we were skipping stones ♪ and letting go ♪ over the river and down the road ♪ [ female announcer ] at nature valley, we know nature comes together in amazing ways. that's why we bring together natural ingredients, like dark chocolate with toasted oats,

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murder-suicide involving two boys and their father. josh powell used a hatchet on his sons before he set his house on fire killing all three of them. the home exploded after a social worker brought the 7 and 5 year olds there for a supervised visit and locked out of the house by the dad. he has been a person of interest in his wife susan. >> it's senseless.

slaughter two innocent children. there were too many warning signs that were known but due to legal limitations were unable to be acted upon. >> investigators say they found several cans of gasoline inside the burned out house and appears powell had been planning the end for sometime. prosecutors want to increase one of the charges against a former rutger student accused of spying on his roommate during a sexual encounter. rob biis charged with invasion of privacy and hindering prosecution. a judge found a mistake, it was a lower degree than it should have been. prosecutors say he streamed an encounter when his roommate and another man on the internet. caught on tape a circus act goes terribly whereon in michigan. a -- wrong in michigan. a motorcyclist sits a cable in midair. he comes crashing down. he suffered a broken leg, elbow

and shoulder. the cables should have been removed or lowered before the jump. a intruder jumped onto the field in england yesterday. take a look at this. the match between live pool, came to a halt 11 minutes in when the feline appeared on the pitch. security personnel surrounded it and escorted it out of the stadium. the game finished in a 0-0 tie. still ahead on wjz, eye witness news at noon, a sunny and mild afternoon out there as we take a live look outside at federal hill. your updated forecast is 2.5 minutes away the midday stocks, followed by the multi-match numbers. medicare. it doesn't cover everything.

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see if it's right for you. all medicare supplement plans let you keep your own doctor, or hospital that accepts medicare. there are no networks and no referrals needed. help protect yourself from some of what medicare doesn't pay... and save up to thousands of dollars in potential... out-of-pocket expenses with an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. call this toll-free number on your screen now... for this free information kit, including this... medicare guide and customized rate quote. welcome back, everybody. look how we are warming up. 50s on the map already. 40s out not the mountains. for the metro, we have a couple of 40s hanging on. we are up to 50, going up this afternoon, the winds turned around to the northwest.

we have a warm up today. that northwest wind is going to play in to the forecast tomorrow. there is cooler air upstream, that's going to play in to the next storm moving our way. it doesn't have a lot of moisture, it will weaken as it moves through the mid atlantic. enough cold air will play in, it will be rain-snow mix. here is the storm now, it's down to the south. part of it is coming from this direction. it will draw moisture from the gulf. couple of slushy parts north and west, as soon as that gets out, we are warming up again. here is the dose of colder air playing in to the storm make for snow. that's out thursday. that colder air is starting to leave us, back up to the upper 40s. here is how that works out for the forecast. today, a gorgeous one. 58 degrees for our high. tonight going down to freezing. partly cloudy skies. the clouds take over tomorrow and the storm arrives, rain

mixing with snow as we head through the afternoon and evening hours. there is a small accumulation possible. we will top out at 40 before that happens. the roads will be warm. could be a small accumulation on the roads. something we will monitor. it gets out of here quickly and we will warm up again. >> wjz13 is always on. for updates on the news and updated first warning weather forecast, log on to wjz.com. ,,,

health watch, the american college of physicians has a recommendation to treat type two diabetes , the drug is the most affect i have choice to reduce blood sugar levels and reduces body weight and improves cholesterol. medication should be used when lifestyle changes such as diet exercise and weight loss do not work. new warning about the possible side effects of a breast cancer drug. doctors in toronto found the medicine can cause bone loss. those are advised to undergo bone monitoring and use vitamin d and calcium supplements. >> check in with us at 4:00, 5:00 and 6:00, monitoring two

high profile stories. reporter in the henson fraud case and a the latest on the huguely murder trial. join us for the stories and the breaking news at 4:00 after dr. phil. stay with us , the five day forecast is coming right up. ,,,

make sure you take a moment to enjoy it.

some changes coming in the forecast, here is marty bass. >> take a look at five day, it's not necessarily the little bout of precip, snow showers or rain showers we are going to get tomorrow. the end of the five day, our daytime highs are in the mid to upper 30s. we will get a hit of arctic air at the end of the 5- day. it comes with calm conditions. we will take that trade off. back inside. we look like fruit loops. or jelly beans. i think spring is in the air. don't miss the prime time cbs lineup at 10:00, new episode of hit crime show unforgettable. and please stay tuned for eye witness news at 11:00. >> new york diner owner is putting his money where his customers mouths were when their team wins the super bowl. the owner made a bet with customers if they ordered more than $200 worth of food and in the giants won, they would get a refunds. the giants of course brought

home the lombardi trophy and al was left with $60,000 in refunds. he says, he has no regrets. >> i bet he has customer loyalty after that. have a great day. ,,,,,,,,,,,,,,