now a friend tells how he tried to protect her from the man who ended up killing her. good afternoon. i'm barbara harrison in for pat lawson muse. >> i'm jim handly. firps at 4 that woman was a mother of six. her name is heather mcguire. police tell us her estranged husband killed her in kensington earlier this week hours after he got out of jail. news 4's pat collins spoke with the victim's friend who says she feared for her life. >> reporter: did she think he would kill her? >> yes, she did. she knew it. >> reporter: friends of heather mcguire want to know why the judge let her killer go. last year she got a protective order against her husband, philip. she said he threatened to kill her. last weekend he was twice arrested for violating that protective order. monday a judge let gilberti out of jail.

tuesday he killed his wife. >> how does somebody like that get out after two arrests in 72 hours on violating a protective order against somebody he has already beaten, stalked, and harassed over and over and over? that judge is a disgrace. >> reporter: i'm pat collins, news 4. >> pat collins will have a live report on this coming up at 6:00 today. he's speaking out about his suspension for denying communion. the reverend denied communion to a d.c. woman at her mother's funeral because she was a lesbian living with her partner. he released a statement that said, quote, i am confident my own view that i did the only thing a faithful catholic priest could do in such an awkward situation. no word yet on when he will return from his suspension. >> spring has sprung early in the nation's capital. some businesses are enjoying the warm weather but others are wishing winter had stuck around

just a bit longer. news 4's megan mcgrath has our story. >> reporter: at this hardware store in bethesda they're packing up the ice melt. sales were bleak this winter. didn't sell many snow shovels or sleds, either. they're stacked up out back. bound for storage in baltimore. >> we've always had snow, an average of a foot or so, always one big one to get rid of merchandise. it was a down year, you know? sales were really low. so now we have to start recovering. maybe spring and summer will get us back in operation again. >> reporter: as hardware stores scramble to pull out the grills and the flowers, area cafes are doing a booming business. it seems everyone wants to eat outside. >> people are loving the weather. we open at 7:30 and they're sitting outside at 7:30 and we close late at night and they're sitting outside late at night. everybody is loving it. >> it's great.

we love it. i just put away my woollens and long underwear about three days ago. >> reporter: but will the warm weather last? this is march after all. some folks say they're not too sure but they plan to enjoy it as long as they can. >> it's great. you know, it was not a rough winter at all. so we shouldn't complain. we just should enjoy it. >> by june about 150 degrees. that's what i'm scared of. it's awesome weather. >> reporter: and if you like it warm, you're in luck. this beautiful weather is going to hang around the next several days. in dupont circle, megan mcgrath, news 4. a change in the weather is on the way but will it bring cooler temperatures? >> meteorologist veronica johnson is in the storm center with the answer for us. hey, right here we're loving this. i don't care what a few people are saying out there wanting it colder. >> i know. i'm loving it, too, guys. i don't know if i should say it too loud. we won't see the 40s return to

the area as you saw and heard in the piece there, some folks kind of concerned are we going to get back to those cooler temperatures, cooler air across the area? no 40s but the average right now is 55 degrees. we have been running up around 80 degrees every day this week. we've got an east wind right now at 16 miles per hour. so way above the average and again, a lot like may. the pollen count higher than yesterday. 141 grains per cubic meter. cedar and juniper some of the big offenders around the area right now 86 degrees in frederick. we've got some locations that have had more sun, so way up high the numbers right now, fredericksburg 86. a little cooler around winchester and 70 degrees right now because around winchester there are some showers. i-81 to edenburg and east to front royal and we have another little shower you can see right to the south and east in prince william county just west of woodbridge and that is heading toward lorton and newington. you folks are going to get a few

showers, maybe even a thundershower. you're looking at your good night forecast, 73 for 7:00. 9:00, 68 degrees. plenty warm. we end the possibility of any of those isolated showers. we'll end that about 9:00 or 10:00 p.m. we are right back in it tomorrow so i'll show you in a couple minutes the potential for showers and storms and where those will be tomorrow in a few minutes. >> thanks, veronica. high gas prices have become a key talking point in the 2012 presidential campaign. president obama is playing defense. he has been pushing for alternative energy like wind mills and high tech batteries but he is also insisting there is more drilling now than when president bush was in office. brian mohr reports. >> reporter: skyrocketing gas prices are dragging down president obama's poll numbers and in a campaign style speech he defended his energy policy. >> under my administration, america is producing more oil today than at any time in the

last eight years. >> reporter: he is accusing his republican rivals of playing punk politics. >> they start acting like we've got a magic wand and we will give you cheap gas forever if you just elect us. >> reporter: newt gingrich is promising 2.50 a gallon gas if he is elected. >> gasoline at $2.50 a gallon you'll create more american jobs. >> reporter: millions of jobs and he claims drilling on federal land could reap trillions of dollars for the u.s. government. >> we would literally pay off the national debt. >> reporter: oil prices are being driven upward by speculation and fear a showdown with iran would choke off supplies. saudi arabia has already promised to step up production. the white house is shooting down reports the united states and united kingdom have already decided to tap their emergency oil reserves. >> the report of any kind of agreement or timetable associated with agreement,

related to a course of action, is just wrong. >> reporter: but there is no denying that gas prices are looming large in the campaign trail in this election year. one analyst predicts that within the next month the national average will go above the all-time high set last july. in washington, brian mohr, news 4. the u.s. soldier accused in the shooting spree is no longer in afghanistan. he's being detained in kuwait. he could still face a trial in afghanistan. the u.s. military today has not released the name of the soldier but we do know the suspect is a 38-year-old father of two who served three tours in iraq and is based in washington state. afghan president hamid karzai says today he wants the u.s. to pull troops out of rural villages and confine them to military bases after that shooting rampage. that's what he told defense secretary leon panetta today at a meeting. there are about 90,000 u.s. troops in the country. current plans call for the u.s. and its allies to withdraw most

combat forces by the end of 2014. rod blagojevich is now in colorado getting ready to spend his first night in prison. a large crowd surrounded the former illinois governor as he left chicago's o'hare international airport this morning. he'll serve a 14-year sentence. a jury convicted him of 18 counts including trying to sell president obama's u.s. senate seat. at the airport blagojevich offered a few words to his supporters before heading through security. >> i'm grateful to them and, god willing, i'll see them soon. >> while in prison blagojevich will be assigned to a two or four-man room. he'll wake up every day at 6:30 and be put to work. blagojevich will also be limited to calls from a list of 30 people. >> we're just getting started here on news 4 at 4:00. it wasn't talent that got one "american idol" contestant kicked off the show. >> a series of horse deaths

during the series shoot. >> her friends say she is like a soccer mom but prosecutors say she is a madame. why the new york woman charged with running the high end call service isn't getting out of i was shocked to find out how many couples don't sleep in the same bedroom. but in the sleep number store, we hear it all the time. nine out of ten couples disagree on the firmness they want in a mattress. i sleep on the couch. with our bed, the sleep number setting represents the firmness that you like on your half of the mattress. you can have it your way and i'll have it mine. so we save a lot of marriages. at our semi-annual sleep sale, save on our most popular bed sets. plus, free standard shipping but only through march 18th! only at the sleep number store, where queen mattresses start at just $699.

for the fashion bulletin from last night's state dinner at the white house, first lady's striking off the shoulder dress comes from the design house of markaza and is keeping with the british theme. the house was founded by two british designers but is based in new york now. the cofounder was at the dinner last night with her husband harvey weinstein. however, they didn't know the first lady would be wearing one of chapman's designs. as for her jewelry, mrs. obama's elaborate multi strand statement necklace was created by the irish born designer tom binz. the prime minister's wife samantha cameron also selected a shade of blue for the evening. her gown is from the london

based designer rich. markaza are red carpet regularings. the stunning number sandra bullock wore in 2010 when she won the oscar for best actress is also from markaza. the dinner theme was america's back yard. but the menu may not conjure up memories of your last back yard barbecue. no ribs here. the first course featured halibut with brussel sprouts and bacon. the main course was bison wellington with french beans and onion and for desert warm steamed pudding with idaho huckleberry sauce and newton pippen animals. >> don't you have bison every night? i do. >> bison wellington no less. >> it is good. some of the ingredients we should note came from the white house garden. wedding plans for an american idol judge? keeping up with the kardashian lawsuits. and kelly clarkson's got a new beau? >> inside for hollywood headlines. joining us as always on thursday georgia alfredas cohost with the russ par morning shoe on the

view kys 93.9. georgia, let's start off with kelly clarkson. out with a new hit single. now sounds like a new love interest. this one is reportedly close to one of her other idols. >> reba mcintyre. he is reba's step son. this is cool because it's really great when you can give it to somebody that you know. the other thing about him is his father is her manager. so there are two good things about this. if this guy does her wrong she can fire his dad. the next thing is if he does her wrong we'll get a whole album of girl power songs. it's a win-win. >> an italian designer is getting attention for tweets he sent out suggesting wedding bells for a celebrity. >> yes jennifer lopez. she has been dating this 25-year-old guy casper. we've seen pictures of them hanging out. he kind of tweeted in broken english and said jennifer asked me to create this wedding dress for her. what color should i use?

of course, there are people coming back and saying, no. my page was hacked. i didn't say that. j-lo on the prowl. >> all right. another american idol contestant is off the show but not because he got voted off. georgia, what's going on with jermaine jones? >> i have to say i told you so. my co-workers loved this jermaine jones like he was a gentle giant. i'm like no he looks like he wants to push me down and take my purse. they didn't agree. now we find out this guy had lots of run-ins with the law including one that is violent. he also lied to producers about his dad saying he hadn't had anything to do with his dad in ten years. they also say he got really upset and yelled behind stage because he didn't like his wardrobe. >> that doesn't sound very good. >> what kind of vetting did they

do? >> let's talk about ashley judd. she he has been making the rounds for her new show but a lot of folks are saying she looks different. what is going on? >> she is making the rounds and her face has been looking really puffy. here is the deal. her people say she had the flu. she has a sinus infection. she's taking medication and she is getting on planes and that is why her face is so puffy or at least that is their story until the swelling from the plastic surgery goes down. >> okay. >> i'm kidding. i love ashley judd. i'm kidding. >> tmz reports kim kardashian is threatening to sue a mexican doctor i think a plastic surgeon after he used a picture of her on a billboard. what is the doctor saying? >> he is saying if you want, don't sacrifice your body, your health, or your beauty and he has this gorgeous picture of her in a bikini and the problem is he didn't get her permission. here's what is so funny. tmz got in touch with this doctor and they said, well did you get kim's permission? he said, i don't even know her. how would i get her permission

like he's admitting he doesn't have her permission to use this. i thought that was hilarious. >> let's stay on the kardashians here. mad man star john hamm is saying that his comments were misunderstood. what did he say? >> he is not really apologizing. he is saying in "elle" magazine he basically called reality stars stupid and named kim kardashian and paris hilton and kim came back and said i'm not stupid. i have my own show, a great show i produce, i write, i have my own business. he's like, listen. you took it out of context. i was talking about the culture of reality but, hey. he just kind of said the culture was stupid but he did name her. >> paris is still working on a comeback. >> i think so. >> what you got coming up tomorrow? >> well, it's a new movie called "the under shepherd" starring isaiah washington and it is powerful and controversial. we have tickets to give away.

go to red carpet show.com. that is the only way you can get tickets but you have to be invited. i am selling tickets for 50 bucks apiece. >> 50! >> yes. >> that's how she starts. okay. sounds like a deal. >> how about that? >> as always, thanks. >> we'll see you. good to see you. yesterday hbo canceled its original horse racing drama "luck" after a third horse died while shooting the series. >> animal activists have jumped on this issue and want to know if producers were negligent or if the string of accidents was just bad luck. stephanie gosk reports. >> reporter: hbo's luck features two hollywood greats, dustin hoffman and nick nolte but the tv show based on the crooked world of horse racing would be nothing without these stars. one accidental death of a horse during a movie production is

rare. "luck" which was shooting the second season had three. the first two horses broke their legs while being filmed racing. hauntingly similar to this scene from the actual show. the third horse died tuesday after an accident outside its stable. within 24 hours and amid intense scrutiny, hbo canceled the series. in a statement the network said while we maintained the highest safety standards possible, accidents unfortunately happened. a veterinarian who consulted for the production praised its practices. >> i wish i had those protocols in horse racing. they had total access to the medical records. they had prefilming examinations. >> but the american humane association, which also monitors filming, says there were some tense moments onset. >> there's pressure of the

money. they tend to want to push with the animals. >> reporter: plenty of tv shows and movies have used horse racing in the past but "luck" was unique. it shot a new race scene every episode and relied on a rotation of 50 horses. some animal activists say the production put the animals in danger. people for the ethical treatment of animals, peta, has called for a criminal investigation, claiming animal cruelty laws were broken in the deaths of the first two horses. so far, no investigation has been launched but the show is canceled anyway. and "luck's" producers who say the series celebrated td culture of horses now face claims there wasn't enough done to protect them. stephanie gosk, nbc news, los angeles. coming up next on news 4 at 4:00, was an actress killed off on "desperate housewives" unjustly fired? a jury is deliberating right now the wrongful termination case. and cupcakes served quick. how washington may be in

get ready to bundle up.

tomorrow we're dropping. what, like 78? >> we're dropping? that's right. won't be able to wear the sweaters anymore, the short sleeves. the second coolest day out of the week tomorrow. right. out of the week. some clouds will be heading into the area, some showers and storms. probably the best chance of our whole week of getting some rain. let's head outside to take a look at the cloud cover. wish we could pan up. you get the idea. you're not seeing the bright sunshine shining down on the water right now. we're at 80 degrees with winds gusting up to 20 miles per hour right now. the winds sustained out of the east-southeast at 16 miles per hour. but again, we're up to 80. i think the national weather service issued the official climate report for today, we'll probably have fi etied for the record high which is 81 degrees in 1990. north hagerstown 80. warm spots down south in fredericksburg. you can see locations that have

cooled off especially winchester, virginia, with the showers and even a little thunderstorm that's come through the area. there is the clouds advancing into the area. the bigger storms down here. these were firing even the earlier part of the day this morning around kentucky. this area making its way southeastward away from us. meanwhile, there is some rain around the area. some bigger storms though. they've been warning for severe thunderstorm warnings down here. we won't see that today but we are looking at lightning. front royal seeing lightning moving to the east northeast right up through 17 and we've had more areas of smaller showers around morton heading toward mount vernon. spotty showers and a few thundershowers, more thunderstorms well off to the west and down around the northern neck heading out to the water. for your night forecast, isolated showers. 68 and 64. we end the threat of any showers or thundershowers about 9:00 this evening. then tomorrow they'll fire again and as far as saturday goes that

front passing down to the south so we'll have a partly sunny sky on saturday, much cooler for sunday. 67 degrees for your evening. tomorrow morning in the 50s. plenty warm. notice the sunrise. 7:17. notice the sunset for tomorrow. 7:17. i always get amused over things like that. 7:17. so close to 80 tomorrow. and much cooler for the weekend. maybe a few showers, not thundershowers or storms, on sunday. i think right now it looks as though we could get those, the early part of the day on sunday. so tomorrow is one of those days when we'll keep a watchful eye on the sky. >> all right. >> what are you going to do at 7:17 today? >> i don't know. >> there you go. >> thanks a lot, veronica. >> you're welcome. and still to come on news 4, stuck behind bars. why the so-called soccer mom madame isn't getting a break to get out of jail. get out of jail. >> and how a local group rallied

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does breathing with copd weigh you down? ask your doctor if spiriva can help. welcome back everybody. at 4:30 i'm jim handly. >> i'm barbara harrison. rod blagojevich is in colorado now getting ready to spend his first night behind bars. the former illinois governor

will serve a 14-year sentence and a minimum security federal prison. a jury convicted him last year on 18 counts of corruption including trying to sell president obama's u.s. senate seat. >> friends of a montgomery county woman want to know why a judge let her killer walk free. police arrested gilbert gilberti twice last weekend for violating a protective order by his estranged wife. on monday a judge released him. the next day gilberti killed her. pat collins will have a live report coming up on news 4 at 5:00 tonight. today president obama answered critics like newt gingrich who says he would bring the price of gas down to $2.50 a gallon if he were elected president. mr. obama says the nation can't drill its way out of our dependency on foreign oil. he made his remarks at prince georges community college in largo. with positive reports on unemployment and strong retail sales last month, stocks made some of their biggest gains of the year. the dow closing 58 points higher at 13,252. the nasdaq gaining about 15

points and the s&p 500 closed above the 1400 mark for the first time since june of 2008 with an eight-point gain today. for three weeks the new york woman known as the soccer mom madame has been held at rikers island prison on a $2 million bail. well, today a judge told anna christina she'll continue to be held because her defense hasn't offered a good reason why it should be lowered. meanwhile the judge is still considering an offer by one of her lawyers. savannah guthrie tells us about it. >> reporter: in court prosecutors have portrayed anna christina as the millionaire madame, accused of running a high end escort service catering to a wealthy and powerful clientele. her defense team says she has fallen victim to the legal system. >> i really honestly, truly in my heart feel she is being railroaded by the system. >> reporter: this week one of her defense attorneys peter gleason offered his posh $2.5 million manhattan loft to cover his client's $2 million bail

asking for christina to serve time at his home instead of at rikers island. >> i interviewed her extensively. i've met with her family. i feel so comfortable giving them access to my place. i want them to move in with me. >> reporter: indicted along with anna christina was jamie mae baker charged with one count of promoting prostitution in the third degree. after days of investigators not knowing baker's whereabouts, she turned herself in on tuesday and was later released on $100,000 bond. >> in this country when you are arrested and you are indicted and you say at your arraignment not guilty, that means in this country you are not guilty. >> reporter: baker's attorney says his client has worked as a legitimate match maker and would not comment on any connection to anna christina or why christina's bail was so much higher than his client's. >> one possible reason behind the more substantial bail amount

for anna christina is that prosecutors argue that she is a high flight risk because of her personal and financial connections. but her defense attorney says she doesn't have two nickels to rub together. still, no ruling on letting her serve house arrest at the lawyer's house. an act of retaliation or desperate claims is what a jury is deciding right now on the trial over an actress fired from a primetime soap. it's the second day of deliberations in nicollette sheridan's lawsuit against "desperate housewives" show creator mark sherry. sheridan's attorneys say she was wrongfully terminated because she complained about sherry who allegedly slapped her in the head during a rehearsal. sherry's lawyers say plans to write sheridan out of the show were made before her complaints. sheridan, seeking $5.7 million in damages. he was a top student and athlete at northwest high school in germantown so when jorge and his family were placed in an immigration detention center

last week his friends began an online campaign to free them. >> reporter: the candles celebrated the release of jorge and his parents from a federal detention center on the eastern shore. >> i have the best friends any kid in the u.s. could have. i mean, if you guys can just look, it's amazing. i mean, i was, you know, my friends tell me we're having like a little small movement but i never thought it would be this big. >> reporter: earlier in the day supporters conducted a rally and march through downtown rockville. the story is being repeated across the country right now. in 2008 the germantown residents were denied political asylum in the u.s. after trying for years. they were recognized as being in this country illegally and ordered deported to their native colombia. the order was effective last week. that's when jorge's high school and college friends began a campaign using twitter and other social media.

they got a reprieve of one year. >> they are out of jail but they're not out of jeopardy. so we have to keep on fighting to make sure that the case against them gets dismissed and that justice is served. >> reporter: many of the students performed at the highest levels in montgomery county high schools and they say all they want is a chance to go to college and do well there. reporting from rockville, news 4. and there is more to come on news 4 at 4:00. the girlfriend who became the the girlfriend who became the adopted never in my lifetime did i think i could walk 60 miles in 3 days. 60 miles in 3 days is-- is huge. if my mom can fight and beat breast cancer, i can walk 60 miles. you just put one foot in front of the other, and you know that you're walking for such a great cause that you just keep going. (man) that you have all these people coming together for one common goal. (woman) the goal is to bring an end to breast cancer. (woman) there's no doubt in my mind that komen's funding

helped saved my life. the 3-day is my opportunity to help save others' lives. (woman) i'll never stop walking, not till we find a cure. with 3 days and 60 miles, you're making a bold statement. you're saying breast cancer is not going to win. (woman) and it has to end, but it starts with us. it is the most rewarding experience i have ever had in my entire life. we can do this. you can do this. we can all do this together. (man) register today for the... because everyone deserves a lifetime.

by the way you're trespassing. >> really. >> yeah really. >> wow. you should call 911 right now. >> oh, i did. >> a divorce lawyer in new mexico is about to spend some time behind bars for this altercation. it's not because of what he said but what he did. police say he helped his client take things from the house where she once lived with her estranged husband. that quickly got a 30-day jail sentence and hefty fine. the state supreme court is also looking into whether he should be disbarred. >> well it's time to check out today's daily deals. >> if this warm weather is making you hungry for summer there's a couple deals we've got for you already. >> that's right. on groupon pay $49 and get four weeks of boot camp classes at

fitness heights international. get ready for bathing suit weather. with three locations in the area and resistance workouts, agility drills, and weight lifting, you'll be ready for the beach in no time. >> let's move on to living social. after your workout you can treat yourself to a facial. how about that? on living social just pay 42 bucks and get a treatment at the emerald door in silver spring plus $10 off your next visit. the emerald door uses eco friendly ingredients so you'll have a fresh face and feel very good about it. all right. that's good to know. >> and when news 4 at 4:00 returns the graphic new anti-smoking ads designed to get the attention of young people. and a quick cupcake to go. washington may be

with it so warm right now what can we expect this summer? >> right. this is really the one question, funny you should ask, the one question that has been asked a lot around this area with folks knowing it's been so warm already. i spoke at folks on the climate prediction center today and asked about the rest of the spring and the summer. they said expect this type of weather to continue with higher than average temperatures for the rest of the spring and as far as summer goes, probably higher than average, too. for not just the mid-atlantic here but for much of the east down through the southeast down through the south central and

over to the southwest. i'm going to have more coming up tomorrow. right now they're not saying it is going to be greatly higher than average for the summer but, certainly, higher than average. as far as temperatures the next couple days, let's talk about tomorrow. because i said it earlier. i think it will be the second coolest day out of the work week. 78 to probably shy of 80 degrees. you can see 82 in raleigh, north carolina, 83 in jacksonville. that warmth still all the way back to the plains. but watch what happens as we move our way through the weekend. you'll notice the warmth stays here but notice the cooldown. new england down through areas of new jersey, eastern pennsylvania, so upper 70s for saturday and then maybe upper 60s to right around 70 degrees for sunday. that cooler air coming in. the reason for that? so little weather front it's going to meander around the area and probably sink further south. i think sunday too with the front nearby good to have some clouds and maybe even a few showers early in the day. 80 for us now.

the wind gusting to 20 miles per hour. breezy warmth out there. and some showers and a few thundershowers out there that'll continue up until about 9:00 or 10:00 p.m. as far as 11:00 p.m. goes, 5:00 a.m. in the morning, still lingering cloud cover. so tomorrow starting out plenty warm with partly cloudy to mostly cloudy conditions across the area. the storms get a chance to fire everywhere across the area, upper 70s, here's your four-day forecast from a chance of showers and storms tomorrow to a much cooler weekend. 73 to 68. there's your clouds and showers for sunday. early part of next week. monday now the high 72. and then as we get going into the mid part of next week, we return with a chance of some showers on tuesday, the high 73, and then i think wednesday the possibility of showers and thunderstorms. the high scoots back up to 76 on thursday. maybe even a little higher by the time we get to the end of next week. so cooldown just the weekend. >> just enough rain to wash away the pollen driving us crazy.

>> right now with tomorrow's storms being scattered i do not think so. >> okay. >> keep taking your medicine. >> don't stop. >> all right. thanks, veronica. federal health officials have launched a new antitobacco campaign designed to get people to quit smoking. the ads include images of former smokers who are suffering physically because of their tobacco use. >> nbc's erica edwards reports. but first, a word of caution. you might find some of the video disturbing. >> reporter: this isn't pleasant to watch or easy to listen to. it's the u.s. government's new multi-media, multimillion dollar anti-tobacco campaign. >> it began with my big toe. >> reporter: the images are meant to be disturbing and nbc news altered this print ad to cover a gaping hole in the man's throat. the ads in this campaign are exceedingly graphic because the focus group testing with smokers showed that this is what they need to break through.

>> reporter: the centers for disease control estimates the ads will encourage 500,000 smokers to try to quit and discourage nonsmokers from starting. >> i've gone through so much. >> reporter: featured in several ads brandon carmichael started smoking cigarettes at age 15 and was diagnosed with a tobacco-related condition at age 18. the disease leads to poor circulation in the extremities. brandon wasn't able to quit his addiction until after both of his legs were amputated. >> when i was losing my legs or in the hospital and when my feet were turning black and my toes and skin was peeling off, i always wondered, would i be going through this if i didn't smoke that last cigarette? >> reporter: the nation's biggest tobacco companies released statements reacting to the cdc's ads. both rj reynolds and altria a parent company of philip morris reminded smokers of the dangers of tobacco and supported quitting. >> enjoy your independence now. >> reporter: the cdc's campaign comes just two weeks after a federal judge said the

government's plan to include graphic warning labels on packs of cigarettes is unconstitutional. the new media campaign has been described as those images come to life. >> don't you have something better to do? you know, do you -- are you prepared for the actions you're doing today to affect the rest of your life? >> reporter: erica edwards, nbc news. >> powerful stuff. >> really powerful. i know we're familiar with lung cancer, which is bad enough. some of the graphic things they're showing there really remind us of how serious smoking can be. coming up next on news 4 at 4:00 if you saw pink slime on the menu would you order it? >> that's the nickname for something now served up in school cafeterias but that could soon change. i'm wendy rieger. coming up a dentist arrested accused of illegally prescribing pills and also facing disturbing allegations from the women he dated. dated. an

never in my lifetime did i think i could walk 60 miles in 3 days. (woman) the goal is to bring an end to breast cancer. (woman) there's no doubt in my mind that komen's funding helped saved my life. the 3-day is my opportunity to help save others' lives. (woman) i'll never stop walking, not till we find a cure.

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because of his disguise. it doesn't look like food but it's served in ground beef in schools all over the country. now the usda says those schools can opt to buy meat without the controversial additive pink slime. eun yang is at our news 4 super screen with more. >> reporter: this is the stuff that everyone seems to be taking aim at these days. this is a picture from the

company that makes that so-called pink slime. first, mcdonald's said they would no longer use it in their meat and now the usda says schools can opt out of using the meat with that filler. now, pink slime's technical name is lean, finely text churd beef. it's made from tty bits of meat left over from other cuts of meat. most of that fat is then removed and the mix is treated with ammonium hidroxide which kills bacteria. the usda which buys about 1/5 of the food served in schools was asked by several school districts for other options when purchasing meat. today they are expected to announce schools have the option of beef patties with the additive or bulk ground beef without it. pink slime, which was coined by a federal scientist, has been on the market for years and there are estimates that it is in at least half of all ground beef and burgers in the nation. well, getting a cupcake in the district can soon be as easy as going to an automated cupcake machine similar to an atm.

the company sprinkles already automates automated machines in beverly hills. the washington business journal reports the cupcake company has its eye on the nation's capital to be next in line. the company tells the journal machines could be installed by this summer. several d.c. neighborhoods are under consideration. would you want one near you? >> a couple questions. are they fresh? are they as fresh as what you find in one of the stores? >> i'm assuming. i assume they'll come back around several times a day and refill them. >> i would hope. >> if it's popular. >> these that line up you know you're getting a fresh one. and do they have pink slime? is that one of the flavors? >> maybe the frosting. >> colorful. coming up, we've got more ahead. the girlfriend turned adopted daughter of a florida millionaire takes the

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hurt his case. the girlfriend turned adochted daughter of a florida millionaire took the stand in his high profile dui/manslaughter trial yesterday. john goodman's girlfriend testified for about 15 minutes. mark potter reports that the jury never heard that she had been adopted by the defendant. >> do you swear or affirm the evidence you are about to give

will be the truth, the whole truth, and nothing but the truth? >> reporter: 42-year-old heather calledy was called by the prosecution to talk about her boyfriend john goodman who is also legally her dad after he adopted her last year to protect some of his fortune. >> obviously, you know john goodman? >> yes. >> when and where did you meet him? >> i met him at the international publican. >> colby says she and goodman began their relationship around the time of the incident two years ago in which 23-year-old scott wilson drowned when his car was flipped into a canal. prosecutors say goodman was drunk and drove his bentley past a stop sign and hit wilson's car then left the scene and called colby before calling 911 for help. under direct examination, she didn't give much. >> do you remember him telling you that he hoped no one was hurt, that he stopped at the stop sign and looked both ways? >> no. >> you don't remember him saying that? >> no. >> do you remember him telling you that he had had a few drinks? >> no.

>> you don't remember that? >> no. >> the defense claims goodman was sober at the time of the crash and his bentley malfunctioned and sped out of control. attorney roy black also claims goodman was dazed and hurt after the crash and that he walked to a friend's barn and took a stiff drink to ease his pain. on those points, colby, the girlfriend/daughter may have been helpful to the prosecution. >> he didn't tell you his bentley wasn't functioning properly or anything like that? >> correct. >> he didn't tell you that he went to the barn and drank after the crash or anything? >> no. >> colby said she and goodman didn't discuss the case under the advice of his lawyers. also taking the stand wednesday was deputy ricardo stafford who said his patrol car reeked of alcohol after goodman sat inside the night of the crash. >> it smelled like someone had been drinking previously that night and them sweating it was

almost like it was coming directly through their pores. >> the issue of the girlfriend's adoption was never raised for the jury because it is considered irrelevant to the manslaughter case. today the jurors left the court and went outside to see the actual cars involved in the accident. that's news 4 at 4:00. news 4 at 5:00 starts right now. did she think he would kill her? >> yes, she did. she knew it. >> a mother of six, killed by her estranged husband. tonight we're learning more about the terrifying weekend leading up to the death of heather mcguire. good evening, everyone. welcome to news 4 at 5:00. i'm jim handly. >> i'm wendy rieger. the husband's name was philip gilberti. he was arrested twice in as many days for violating a protective order. now we know a push for another order gave him the opening he needed to kill.

news 4's pat collins joins us live outside the courthouse in rockville. >> reporter: wendy, protective orders are designed today protect you from harm. not in this case. >> how does somebody like that get out after two arrests in 72 hours on violating a protective order against somebody he's already beaten, stalked, and harassed over and over? that judge is a disgrace. >> reporter: that's sam helene a friend of heather mcguire. she was shot and killed by her husband philip gilberti. last year heather got a protective order against gilberti. she said he threatened to kill her. last weekend gilberti was twice arrested for violating the protective order. but monday a judge released gilberti on bond. tuesday gilberti killed his wife. >> did she think h