"action news" delaware valley's leading news program. with rick williams, sara bloomquist, and meteorologist, david murphy. breaking right now bill cosby is back in court to fight

his sex assault case in montgomery county. the 78-year-old comedian arrived for his second appearance before a judge and his attorneys want the criminal charges dropped based on agreement cosby second he made a decade ago. katherine scott is live now with the full story. >> reporter: sara the first witness called by the defense today is former district attorney, bruce caster, caster was sworn in this morning and remains on the stand right now. there are so many people inside they created an overflow courtroom right down the room from that courtroom where the proceed oogs are taking place. cosby arrived shortly before 9:00 and his attorneys are asking judge o'neil to throw out the case and their first witness is caster. he is going through points why

he didn't prosecute. he said by then it was difficult to collect any physical evidence and he contacted people in philadelphia before going to canada. caster when on to say there was no formal agreement with cosby's attorney about not prosecuting but at the time caster fell short of cosby confessing and there was no way to prosecute the case and he maintains that by announcing he was not publically prosecute, that took away cosby a right to invoke the fifth amendment. the question is whether that decision stands with caster's successors, that is yet to be seen and that is a major point. the question is whether this non-verbal prosecution and none formal agreement is valid. that cosby would need an

immunity agreement in writing to avoid prosecution and another outstanding issue is who could potentially prosecute this case and the judge says that won't be decided until a later date. >> katherine thank you. this is a live look at the courthouse inside of the courtroom door where cosby's hearing continues. john rawlins is inside listening to the arguments and the testimony from former district attorney bruce caster. stay with channel 6 "action news" on air on and line at 6abc.com. we are following breaking news at a philadelphia high school. kensington urban academy is on lockdown. it was prompted because a school safety officer reported his personal firearm was stolen. walter perez is live with more. >> reporter: hi sara, here is a live look at the scene, a pretty

strong police presence -- i apologize for that ladies and gentlemen, the strong police presence at the academy, police tell us that a school official report that his personal firearm was taken from his vehicle. there are lingering questions here. he is unsure if the firearm was taken from his vehicle before he arrived at school or while it was at his home. and if if was taken here at the school why an unsecured firearm on or near the school. we spoke to a woman from the neighborhood whose siblings go to the school and she is really stressed out right now. >> i noticed a whole bunch of cops and helicopters and i approached one of the cops because last night some things

were stolen out of my car and i asked the cop if she would help me and she said the school was on luck down because of someone stealing a gun. >> reporter: we expect officials to speak more on this later on. reporting live from kensington, walter perez, channel 6 "action news." a federal judge just ordered chaka fattah jr. to spend five years in prison. he was found guilty ofing money. channel 6 "action news" was in court as fattah jr. learned his sentence. the presidential candidates are moving on after the iowa caucuses and now they are turning their focus to new hampshire's first primary. and marcy gonzales reports from

manchester. >> reporter: a lot of red eye fights coming here for the push for new hampshire. the candidates are wasting no time. just hours after the first case of victory. >> that is the most votes ever cast for any republican primary winner. >> and defeat in iowa. >> we finished second and i want to tell you something, i am just honored. >> it's all about new hampshire. >> this is now the center, unshared with anyone else, the center of the political universe. >> donald trump trying to reclaim his frontrunner status following last night's loss to ted cruz and marco rubio trying to maintain the momentum after coming in a close third. >> they told me we had no chance because my hair is not gray

enough and my boots are too high. >> and it was the closest ever -- in some precincts it came down to a coin toss. >> i stand here tonight breathing a big sigh of relief, thank you iowa. >> reporter: hillary clinton oath ahead of bernie sanders by a fraction of a point. >> what iowa has begun is a political revolution. >> and mike huckabee and martin o'malley dropping out of the campaign. some of them are ramping up before the caucuses were over. kasich, christie and bush spending much of the week not in iowa but campaigning in new hampshire, hoping to get a head start on their opponents. marcy gonzales, channel 6 "action news." >> thank you marcy and "action news" will be back on the campaign trail for the first primary, anchor, monica malpass

reports from manchester starting this coming sunday. >> the wet weather is due to arrive here tomorrow. but first we get one more day of the sunshine. sky 6 hd taking a live look at center city not a cloud in the sky and conditions still dry and mild but that doesn't last. lets check in with meteorologist, david murphy. >> no sign of our impending trouble right now, you see plenty of sunshine now and clouds up in new york state and well south of washington, we get a push coming through ohio and pittsburgh and later today and tonight you'll see those clouds get thicker. numbers are reacting under the sun with a gentle southerly flow. 50 in philadelphia and allentown 45 up in the northern tier suburbs you got down into the 20s this morning, so this represents a nice bounce back, almost 50 many millville and 48 in sea isle city.

52 is our forecast high, could even go a bit higher than that. and notice how far above the average high we are. the average high is 41 and tonight's overnight low is the same as the average high. they are well above average, a sign that warm air is here to stay but a flood watch kicks in at noon tomorrow and continue through the evening and overnight and into thursday afternoon. these counties here is where we have unmelted snow and with heavy rain coming in tomorrow it looks like we have the potential any way for that combination to give us some flooding. the actual system is out to the west in chicago and has a long way to go. and we won't get the heaviest lines coming in until sometime later this afternoon and tomorrow night. there are issues with flooding, several types actually and we'll detail that coming up in the accuweather forecast. >> thank you. chopper 6 hd was over an

accident that may have been caused by icy conditions in new britain, bucks county, one car veered off the road and hit some trees. the driver was transported to the hospital. this morning delaware governor, jack markell saluted trooper from his state, he escorted nurses and doctor, in last month's blizzard. almost two feet of snow crippled some cities. still to come on "action news" a husband and wife narrowly escaped from their home when it blue up in new york state. what caused that explosion.

a married couple narrowly escape a burning home in new york state. a couple was bringing the car

into the garage when a gas line exploded. he went in to get his wife and then the house blew up. nobody was hurt. the fbi is using facebook to find a form eer agent that is missing. i disappears 14 years ago. they are appealing to the iranian problem for tips. lev levinson's case was brought to light when prisoners were freed in a swap last month. the pentagon wants to quadruple their budget, wanting to increase total military spending to $583 billion. $3.4 billion goes to what they call the european assurance initiative.

the search is on for a couple wanted for carrying out a crime spree across the state of alabama, blake fitzgerald and britty harper are accused of two kidnappings and a home invasion and two car thefts. the crimes happened within a two hour span within a 60 mile distance, one happened at an mcdonald's in birmingham. >> we have all been pretty shaken up from it. i have definitely been watching my surroundings yesterday and today. but we are just very thankful that she is still alive. she is part of our family. >> u.s. marshals are asked to help search for the suspects, a $10,000 reward is now offered. the denver broncos were involved in a highway accident just days before the super bowl. a front windshield cracked when two buses collided following a

crash in california yesterday. one officer suffered minor injuries none the broncos players were hurt and taken away in different buses to their hotel. coming up who is considering free condoms for middle school students. and how to get rid of those problem spots that won't go away with diet and exercise. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it could save you in out-of-pocket medical costs.

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oil companies are slashing jobs as prices continue to plunge, bp announced the 91% decline in fourth quarter earnings because of the sharp drop in oil prices, the company cuts 3,000 jobs by the end of next year. plus 4,000 in exploring a and production. a controversial proposal as parents are asking whether it's appropriate to offer condoms to middle school students. middle schools in san francisco may make them available to students as young as the sixth grade and it has worked at the high school level for the past 26 years. >> it lessens the amount of sexual activity and sexually transmitted diseases. >> it's not their job. >> i think it comes down to the parents. the parents should be on top of

this. >> it's san francisco school district conducted a survey and found that 5% of middle school students said they were sexually active. and the "action news" team is working on news stories tonight at 4:00. lets check in with alicia vitarelli for a look ahead. >> reporter: we are waiting for an update on the police in virginia, the mother of a 13-year-old murder victim is expected to join officers to talk about her daughter who was allegedly killed by two virginia tech students, we'll have the latest on this very upsetting stories. and we see emergency preparedness drills but not like this one. coming up in big talkers we'll explain this unusual technique to make sure zookeepers are ready in case wild animals escape. take us with you on the go if you have not downloaded the free 6 abc news app, you can watch us live on your smart phone or

tablet. >> thank you see you at 4:00. accuweather coming up when we come right back.

there is no shadow to be cast. an early spring is my forecast! >> punxsutawney phil made his forecast and you'll love it if you are sick of the cold and snow. he did not see his shadow. in the 130 years, his predictions only pan out 39% of the time. he usually calls for six more weeks of winter but not this year. >> did you see your shadow this morning? >> i don't do it that way but okay. it's overcast a lot this time of year and usually he sees his shadow on those days, and today bright sunshine and he doesn't

see his shadow, stormtracker 6 live double scan -- i personally think it's rigged sara. but fun. stormtracker 6 live double scan shows it's dry and we have plenty of sunshine in the region. the sun is gleaming off the melting snow. the temperature is 50 degrees, it's another mild one and winds light out of the east at 7 miles per hour. and a comfortable day to get out there and get stuff done. for now there you see the sunshine, cloud cover making a run at pittsburgh and beginning to succeed and during the day and later tonight we'll see the clouds thicken up. lots of clouds and nice and 67 degrees, still mild and 48 degrees is the high there. a nice day down at the boardwalk and philadelphia a high of 52 degrees, might go higher than that.

still on the mild side and winds in the afternoon not expecting to be doing all that much. just 6 to 12 miles per hour. the evening commute looks good you'll need your shades for the early part of it. still sunshine by 4:00 and 47 by 5:00 and dropping to 44 by 7:00 and overnight numbers into the evening and into the overnight are still above average, the low is only 41. and that is actually the day's high, increasing clouds and by morning around down and before. there is the chance of showers or light sprinkles, the heavier rain will hold off until the afternoon. first of all, the warm front to the northern and to the west and the southerly flow we'll bounce the numbers and if we get that high, a new record high for tomorrow. we have seen a lot of that over the next couple of months. the big story tomorrow is the front is pushing closer and giving us this line of heavy

rain. we'll cover the timing of the rain for you. 6:00 in the morning on the air with stormtracker 6 live double scan there could be a couple of sprinkles and showers, and this time tomorrow probably seeing the showers pushing down into the western suburbs and later in the afternoon, 4:00, 5:00, 6:00, ahead of the cold front maybe some rumbles of thunder where it occurs. maybe some melting snow before that and heavy rain is exacerbating things. and this is into thursday as well. poor drainage and creeks and rivers will experience minor and moderate flooding and that won't be until thursday after the creeks and streams drain into the river. 52 degrees and stun and tomorrow rain mixing with melting son and producing flooding likely and 63 is the high there, 50 degrees

behind the frontal boundary and cooler air marches in, plenty of sunshine the way things look now and a high of 44, we stay in the mid-40s straight through the weekend and the next chance of precipitation is rain and that would be monday. >> david thank you. a retired police officer in ohio will get to keep his k-9 partner. matthew hickey was told he could not have ajax as a family pet and the city says that the dog was city property and sold at auction, a go fund me page was set up and $60,000 poured in allowing hickey to buy ajax. the rest will go to charity. a victim of the boston marathon bombing, has a new mission. those stories and more next.

"action news" at 12:30 continues with rick williams, sara bloomquist and meteorologist, david murphy. hello again, rick williams is on assignment, here are the stories we are following for you on "action news" at 12:30. chaka fattah jr. learns his fate after being convicted of fraud for misspending nearly a million dollars. and still developing this noon, bill cosby remains inside

of a north town courtroom at this hour. former district attorney, bruce caster is defending his investigation into a 2004 sex assault investigation against the comedian. and people living in one california town are digging out sand after a powerful storm pulls through. and the son of a veteran philadelphia congressman is sentenced to five years in prison after being found guilty of fraud. vernon odom was there for the sentencing and joins us live outside of the courthouse. >> reporter: five years in the federal penitentiary that is his fate. he is already in federal custody, the son of chaka fattah sr. was convicted on 22