rg3's doctor says he is optimistic about the quarterback's chances of coming back next season. >> good afternoon. i'm pat lawson muse. i'm jim handly. the doctor who performed that surgery on the knee of robert griffin, iii is now telling us how it went this morning. >> dan helly is with us now to tell us what we know. what do we know? >> it is done. and a full recovery is expected. that's the word from dr. james andrews late this afternoon after he performed that knee surgery on robert griffin, iii. the surgery happened this morning at dr. andrews' clinic in pensacola, florida, within the last few hours. andrews released this statement saying griffin needed to repair both the lateral collateral ligament, the lcl and the anterior cruciate ligament, the acl, in the knee. the procedure began about 7 a.m. and lasted around two hours. so, what's next, you ask? griffin is gonna stay in florida for the foreseeable future, be monitored and begin his rehab, the initial six to eight weeks very crucial in the recovery

process it could last anywhere from six to 12 months. griffin looking forward to playing next season. before his procedure, he tweeted, "thank you for your prayers and support. i love god, my family, the team, my fans and i love this game. see you next season." so, that's what everybody has been wondering on sports talk radio on twitter, on facebook, all over the air waves today. when will he be back? that is going to be his goal, to be back for the first regular season game t is going to be tough. the surgeon i talked to who worked for dr. james andrews says the lcl recovery period is typically longer than the acl recovery period. a lot of people have looked at adrian peterson, start running back for the minnesota vikings, who came back in less than six months and had a record-setting year this season. he didn't have the lcl procedure. so it is going to take rg3 a little bit longer. of course, everybody's body responds differently. >> helps he is an athlete and in

shape? >> absolutely. you don't want to come back too soon. we have seen what can happen. so you know they are going to be extra cautious this time around. >> is it remarkable -- >> i'm sorry, the pain involved, is there? >> you know, after surgery, generally you're -- you're kind of drugged up so the's going to be a while but it's going to be a painful process coming back. in i time you have a surgery like that, just getting back to form is always painful. >> is it remarkable they were able to do both the lcl and acl at the same time? >> really common. the surgeon told me almost always when do you the lcl you do the acl as well. we knew that was coming last night. >> two fer. dan hellie, we will see you at 5:00. thanks, dan. we will bring you continuing coverage of rg3's knee injury. still to come at 4:00, more on what redskins fans are saying about that operation. now to the chaotic commute on the water that left nearly a dozen people seriously injured in new york city. witnesses say this morning's ferry ride was routine until the ferry slammed into the dock upon

arrival. chris clackum has more on the panicked ride for psengers and what investigators say about the crew. >> reporter: gash on the ferry may not appear that severe but the injured sprawled out on the loading barge shows the impact certainly was. >> it literally just hit the barge and hit it hard. >> reporter: ferry was making a routine midmorning rush hour run into manhattan from new jersey with 327 passengers and crew on board when it hit the dock as it approached the pier. >> it was entirely normal. everything was normal. you know, we rolled in slowly like we normally do, but it didn't stop in time. >> the next thing i know, i was six feet in the air. i woke up from a -- being knocked out. >> reporter: firefighters and rescue workers rushed to the scene, as did mayor michael bloomberg, while medics tended to the some six dozen people hurt, two critically with head injuries. other passengers were worried

the boat was sinking. >> they thought they were gonna take water on so the captain was yelling really fast, get help, 'cause i guess they thought they were really going to go down. >> reporter: ntsb has sent a team from washington to investigate what happened while the ferry company's president says the crew was tested immediately after the accident. >> the breathalyzer screws been reported to be negative for the crew. >> reporter: although some witnesses say the ferry pitched to one side, when passengers quickly lined up on that side to disembark. chris clackum, nbc news. right now, road repair crews are still working on connecticut avenue in kensington and it won't be done before the evening rush is done. that's the word from the washington suburban sanitary commission. it's still trying to cheap up the mess after monday's water main break. as has been the case you can southbound traffic on connecticut avenue is down to just one lane between noles avenue and saul road. officials say they expect the

repairs to be finished before midnight. taking a live look outside right now, what a day lots of clouds and some rain, a bit of a roller coaster ride. >> sort of felt like two different seasons in the same day depending on where you were. storm team four meteorologist veronica johnson has details. veronica? >> all you have to do is look at temperatures across the area, big disparity you depending on where you are, 40s north, 60s south, damascus, kensington, montgomery county, coming in at 43 degrees. vienna and shan tilly, fairfax, 45. same thing in clinton and landover, 50s and 60s south, fredericksburg, 62, spot silvainian, too temperatures into the low 60s today. we had clouds, light showers and sprinkles coming through.

partly cloudy skylight and talk about spritzes hanging on another two hours then the 60s, they are still in the forecast. if you were looking for that big warmup, a little taste of april, still there and detail it on what day will be the warmest coming up in the next seven. back to you. is it a matter of public safety to ar question about freedom? coming up, the u.s. supreme court battle over whether police can force suspected drunk drivers to take a blood test. remarkable recovery. a fairfax county teenager returns to classes just months after a family vacation left him paralyzed. we will tell you about his next big plans. ♪ my love has come along >> and an iconic moment during the president's first inauguration, the a-list stars

who be on tap for his second swearing in. (woman) 3 days of walking to give a break cancer survivor a lifetime-- that's definitely a fair trade. whoo! you walk with friends, you meet new friends, and you keep those friendships. it was such a beautiful experience. (jessica lee) ♪ and it's beautiful ♪ undeniable (woman) why walk 60 miles in the boldest breast cancer event in history? because everyone deserves a lifetime. visit the3day.org to register or to request more information and receive a free 3-day bracelet today. ♪ building up from deep inside

it was 3 days of pure joy. susan g. komen's investments in early deteion and treatment have helped reduce breast cancer mortality in the u.s. by 33% since 1990. help us continue serving the millions of women and men with breast cancer who still need us every day. register for the 3-day now. (woman) it's just been an amazing, amazing journey. i love these people. ♪ and it's beautiful a sometime ahead on news4 at four, even president obama is on board about a prime time comedy with

we remember the moment. four years ago, president obama and the first lady had their first official dance by a live

performance by beyons same the singer will perform again at the inauguration. this time, singing the national anthem. kelly clarkson singing "my country 'tis of thee," james taylor will perform "america the beautiful." >> we note men knew for the traditional lunch congress hosts inside the capitol after the president and vice president are sworn n the first course will be steamed lobster with new england clam chowder. the main course is hickory-grilled bison. the third course, apple pie with sour cream ice cream, aged cheese and honey. new york state wipes will be served with every course. the menu was created with the help of a catering company from arlington called design cuisine. let's just stay calm. >> does the president know? >> the new nbc sitcom "1600 p n penn." in a matter of minutes, the president will host the cast and

crew for a screening it follows the adventures of a fictional president and his wacky family. premiers at 9:30 on nbc four. >> pressure on the fake family, going into the real house. >> a bit. coming up on news4 at 4, a medical breakthrough that could save lives. researchers in maryland develop a way to test two deadly cancers. here's a live look outdoors. are we still expecting temperatures in the 60s for the weekend?

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i'm keith russell. leer some of the stories just into the live deck. four sisters have been awarded an undies closed settlement in their lawsuit against a boston-based drug company which claim theirs breast cancer was caused by synthetic estrogen their mother took during pregnancy in the 1950s. it is the first such case to go to trial and possibly paves the way for similar claims filed in boston and around the country. now to that video we just showed you. in new york, seven people are recovering after a crane collapse. the equipment collapsed before 2:30 this afternoon at a construction site in queens. investigators still trying to figure out what led to that

crash. awesome pictures. i don't know if awesome is the right word. at the live desk, keith russell, news4. no new players will join baseball's hall of fame this year, only the second time that has happened in four decades. barry bonds, roger clemens and sammy sosa were under consideration but all were denied entry today. some say the outcome is a statement against alleged steroid use. more than 500 members of the baseball writers association of america took to voting. none of the 37 former players on the ballot was elected. players have to receive at least 75% of the votes to make that list. staying healthy against the odds, flu season is hitting hard they are year and striking early. how do you keep your family healthy? dr. jackie is here from gaithersburg. there is a lot of flu out there. also a lot of viruses what are you seeing?

>> i'm actually not seeing any more flu than we have normally seen. the time of year where we, as physicians, expect to see it what we are seeing. the symptoms are really intense. really bad headaches, body aches it wipes people out. >> i haven't gotten my flu shot, but i plan to s it too late? >> as a gambler, i would say is is too late. if you can predict you are going to get the flu, oh, i know i'm going to get the flu in the next four to six weeks, go get your flu shot today. the thing is it takes two weeks to get any kind of results from it and four to six weeks until it comes on strong enough to be worthwhile. i don't want to say i told you so but we have been doing the segments since september and doing them since september, october, even did one in december. most places, sadly, are wiped out. they don't really have the flu shot left. >> if you think you've got the flu, is it worth going to the darned getting tested to confirm

it? >> no. a, you will make me sick and how will i take care of everybody else out there? but also the tests are really not actually that accurate. some people should get the flu test done if they want to get treatment bus recognize there are many viruses out there, many that will just be the common cold. you don't have to go running in every single time because if you don't have the flu, chances are you will catch it by waiting around my wait waiting room. >> i have got the other viruses, at least one of them. you mentioned treatment. what is the treatment for the flu? is there one? >> there is treatment. there are anti-virals you take, but rewe reserve that have for people who absolutely need that and those people pregnant, certainly my patients asthmatics, patients with chronic diseases, copd, people over the able of 65. reck nice that those medications are going to shorten the flu for a day or two. >> once you get the flu what do you do for relief? >> you can just sort of rest as much as you can. know the virus is taking over your body so you have just got to really rest. most importantly, why not put it

on your cell phone this year to remind you next year, go get the flu vaccine? >> okay. is there a way to avoid getting it, since you have told me it is too late? >> >> now turn into a germ ma phobe. the hot fashion accessory should be a surgical mask, ever landed in shanghai at new year's, you will see everybody walks around in many parts of asia with surgical masks on. that's not a bad idea. be a little funny to do the broadcast that way. that would help. anything to stop getting those droplets, which people are contagious right up until the time their nose stops running, all the viruses are in those droplets. also for parents, make sure that your school, which asked at the beginning of the year you send in kleenex and purile, make sure that they are well stocked with that stuff. they can't help your kid be a germ ma phobe and wipe all the surfaces down if they don't have the proper equipment. send your kids off with extra stuff. >> as long as the nose runs, you're contain joyce? >> yes. yes. >> thank you. jim? >> all right, let's get the word

on the weather. warm weather could help us feel better, mentally at least. we have got a warmup on the way, huh, veronica? >> that's right. happy to say everybody in storm center 4 is well. good news for us. hey, some of you out with a little miniumbrella, the purse umbrella today, because we had a few showers, little spritz of rain come through. you can put that umbrella away now. this rain moving out of the area. we have got just a little bit left down around waldorf, maryland, calvert beach and around easton but again, it's moving out and drying up. all that produced from a weather front that came through the area today. you can really see it on the satellite and radar review. right now, laid out just over our area. areas of north central virginia. there is clearing taking place back to the north and west, around areas of western pen and northeastern ohio. so by the time we get to tomorrow morning, i do think that we will see some clearing. still the weather front, 60s,

behind it, 40s, the weather be for your evening. other websites, upper 20s, low 30s, cool start for us next weather front coming up fast that one moving into the area on friday, you can see outside of western maryland during the afternoon, so a few showers around the area by the time we get to the end of the week and that front will quickly make its way off to the east. evening forecast then, clouds around the area, chilly in the north, a bit more mild down to the south that weather front makes its way through. we will be dropping from the upper 40s to the upper 30s for your evening. tomorrow morning, a few clouds still around, on the chilly side, 28 to 35 degrees. that wind out of the northwest

about 10 to 15 miles per hour, so a little bit of chill with the wind there then 47 to 52 degrees tomorrow afternoon. mixture of sun and clouds will be cool but still running above average. average still 43 degrees. look at what happens as we move into the weekend. temperatures will be 20, maybe even 25 degrees above average this weekend. no big change for the weekend. but friday looking just a little cool we are that rain moving in. the weekend, again, by sunday, close to 70 degrees. could have just maybe a few little spritzes coming through sunday, looking drier. we will look at the early part of next week and see when this spring moves out of here and winter returns. back to you. all righty. still ahead, smartphone snooping? we will tell you which kinds of devices could be more likely to put your privacy at risk. a royal sell is operation, how kate middleton is marking her birthday today.

this is a human week for hollywo hollywood, ending with this sunday's golden globes on nbc. it will be hosted by tina fey and amy bother. some of the biggest rains in presenters including george clooney and will farrell. steven spielberg's "lincoln" leads the pack with the list of golden globe nominations with seven, including the best director for spielberg and

acting honors for daniel day-lewis you sally field and tommy lee jones. thor is is mony, again, sunday at 8:00 here on nbc four. britian's most famous mom-to-somebody celebrating a birthday today. the duchess of came bridge is now 41678 the former kate middleton won't take part in big events for her birth day. the palace says she is going to mark it in private with her hub business prince william. kate hasn't been seen in public since christmas day. she was hospitalized last month for severe morning sickness. she is said to be in her third month of pregnancy. and beverly dredon, birthday wishes to her. happy birthday. >> happy birthday, bev. coming up, why the fiscal cliff means it may take longer to get the tax refund. should police need a warrant to give suspected drunk drivers a breath test? a live report on the battle between privacy and public safety. a hearing into the colorado theater shooting ends with a surprise today. we will tell you what the defense decided not to do.

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welcome whack to news4 at four, i'm pat lawson muse. >> i'm jim handly. rg3's doctor says the quarterback could be back in

time for next season. grieve opinion underwent the knife this morning to repair his lcl and also get a previous repair on his alc. he sprained the knee last month and injured it in last sunday's loss to the seahawks. no word on what caused a ferry crash that seriously injured 11 people in new york city the ferry arrived from new jersey on a routine trip around 8:45 this morning but it didn't stop. it crashed into the dock. dozens of others suffered minor injuries. do police have the right to test blood taken from suspected drunk drivers? danielle leigh has some of the arguments prevented to justices. danielle? >> reporter: a test of the four eight mendment right to privacy and states right now are divided on the issue. some states require a warrant for blood tests during dui stops

but others don't. sobriety check like this one are a daily occurrence on u.s. roads it is estimated americans drove drunk 100 million times in 2010. now the supreme court is considering whether police are violating those drivers' fourth amendment rights to privacy if they obtain a non-consensual blood test without getting a warrant first. >> the police engaged in what is their job to try to solve crimes will not always be as scrupulous as they need to be about protecting personal privacy on the other side of the balance. >> reporter: steven shapiro from the american civil liberties union on behalf of a man who had a warrantless blood test in missouri in twechbl the state upheld an order throwing out the blood test. all 50 states have laws requiring those arrested on suspicion of drunk driving contest to a blood alcohol test. the aclu says 25 states also have laws requiring police to seek a warrant when drivers refuse. but lawyers for missouri and the

obama administration don't think police should have to wait. many prosecutors agree. >> it's crucial for law enforcement to obtain the blood alcohol level in a timely fashion and the evidence is being destroyed every minute that we wait. >> reporter: 47 years ago, the supreme court ruled that officers could only forego go a warrant in special circumstances. today, justices struggled with whether the dissipation of alcohol in the blood over time meets the threshold. the supreme court is likely to rule on the case by summer. mcneeley had his license suspended for a year for refusing to consent to that blood test. reporting live on capitol hill, i'm danielle leigh, news4. new steps in the district to toughen enforcement of drunk or impaired driving. mayor vincent gray signed legislation that could force even first-time offenders to use ignition lock devotions on their vehicles. the city demonstrated new breast test machine placed in districts around the city. the district had to throw out

some drunk driving cases because its old machines weren't properly calibrated. news4's tom sherwood has more on the city's fight against drunk driving ahead on news4 at 6:00. back in session. lawmakers in maryland and virginia have gone back to work today. wendy veering at the news4 super screen now with a look at some of the issues they will be weighing you and debating. >> 2013 so co-bring major changes to maryland and virginia n maryland, lawmakers could pass a repeal of the death penalty. the state senate president believes the governor could find enough votes in both chambers but he thinks opponents to that appeal could get enough support to force a vote or referendum. both states had ambitious transportation bills but not how to pay for them. maryland lawmakers are proposing an $800 million funding bill. and among the options to pay for it raise the state's gas tax, for the first name 20 years. and increase the sales tax,

which currently stands at 6%. in virginia, there is a similar option on the table. the gop nor wants to increase the sales tax but unlike maryland, there is also a push to completely eliminate the gas tax in virginia. and if that happens, virginia would be the first state to do so. lawmakers on both sides in the commonwealth are also focusing on guns. one bill would allow some teachers and school administrators to be specially trained to have a gun in school. another would close the gun show loophole, as it's called, by requiring background checks on all private gun seams. julie carey and chris gordon will have more on today's developments out of richmond and annapolis tonight on news4 at 5:00. as we have been telling you this afternoon, robert griffin

iii is now recovering from knee surgery he had this morning down in florida. that knee of his is also the talk around town this week. whur's millet green is here in the studio with us. so, mill emillet, doctors expec to make a full recovery. what are your listeners saying? >> holding their collective breath, waiting for him to get out of surgery and word. now doctors are sounding very hopeful about his recovery, people so very invested. washington redskins fans are among the best in the nfl, if not the best. let me say the best. they are the best. >> we will take that. >> and so they are very invested in this guy that they see as a super hero, as the man who made this team relevant again. >> hindsight's 20/20. everybody was an expert sunday, some say pull him out, keep him in what are your listeners saying about coach shanahan and his decision? >> people are still debating whether it was the right thing

to do or the wrong thing to and do people are still split and still talking and arguing and everybody is an he expert when it comes to monday morning quarterbacking and that sort of thing. they are saying what everybody has been saying. those on one side say, look, shanahan should have made the call seen, get the guy out of here. we have to look forward to the next season. others say, look this is the playoffs we are in this is the man who took us there. we are all-in. put it all out on the table. he says he can play, if he can throw the ball, he can play. so people are going to be debating this thing for a very long time. >> eight months to do it. a lot to be proud, how we started out, how optimistic are people out there now about not just rg3 but the redskins' future? >> oh, man, people have said, look, the season may not have ended the way they want it had to, especially with their franchise player down, but people are so optimistic about the future and seeing the team kind of turn the corner like

never before. again, people look at rg3 and alfred morris as the superstars on this team. they are young. they got a bright future ahead of them. one thing they are concerned about, hope all of this that went down this year the highs and lows, doesn't get their heads. doesn't have this mental trip off of t they want them to come back and do a great job but we have got to give the injured players, the franchise guy, the time to heal. >> to heal. we will end it there >> we will be back. >> we know. all right, millet, they are the best. >> the best. >> thanks so much. good to see you, millet. pat back over to you. >> all righty. still ahead, find out who police are questioning in the death of a man who was poisoned not long after hitting the lottery. a warning before you download those smartphone apps. how they might be giving away your personal information without your knowing it. and how a fairfax county teen is beating the odds months after being paralyzed in a freak [ male announcer ] this commercial is not about getting fios;

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an older cancer screening method could have a new use. researchers at john hop kips are using pap smears to screen for ovarian and endometrial cancers. pap smears have long been the gold standard to detect cervical cancer. now scientists are developing a test that can take pap smear fluid and screen the fluid for the nutations often seen in

women with other can softer uterus and ovaries. the hope here is to make the new test available for doctors in three to five years. hoping to file your taxes before the end of this month? not this year, folks. the irs won't begin prosing returns until january 30th, eight days later than originally scheduled. the agency tells us it needs time to update tax reform and the forms, too so they can reflect the changes that came with the new fiscal cliff agree respect. and processing systems have to be updated and tested as well this delay in the filing season also means no one will be getting a refund in january either. a renowned local chef has a new honor to add to his accolades. the daily meal named jose andres chef of the year in america for 2013. the spanish-born chef has a number of restaurants here in the washington area, including haleo and oyamel. he also relaunched mini bar and new food truck, pepe, along with

another restaurant in los angeles. andres is also a member of the newly launched american chef corps, a culinary diplomacy program launched by the state department. good for him. >> he has put washington on the food map in this country with all of his restaurants. >> he sure has much deliciously so. >> can't miss. on news4 at four, history in a house of worship what will happen inside the washington national cathedral for the very first time. and the personal battles a maryland dell zbegate is reveal after a drunken crash on the water. monica, what do you have coming up? >> working hard, cool outside, guys, we are in the 40s, some areas in the 50s and 60s, south not bad. everywhere, we are going to be dropping down to the 30s by tomorrow morning. we are taking a look at your weather for the rest of the week and we are talking a little bit about inauguratio

a maryland lawmaker from an aroundel county charged with operating a beet both like drinking says he has gotten treatment. delegate don dpa weer completed an alcohol intervention program and attended a a meetings. he said on facebook, he turned to alcohol to cope with personal and professional challenges. dwyer say he does not plan to seek reelection. seven people were injured when his bolt collided with another, you recall, last summer.

the driver of that other boat is also facing charges. the national kacathedral is taking applications to perm form same-sex marriages a land marge decision for d.c.'s highest-profile church. same-sex marriage licenses were first granted in the district nearly three years ago. the episcopal church officially blessed gay and lesbian unions last summer. it is a big step for the more than 100-year-old church. on news4 midday today, the cathedral's deep says he is not worried about backlash from same-sex marriage opponents. >> i realize that doing this is going to be some discomfort to some people but there is such a strong consensus in our church and i believe we are moving towards a national consensus on same-sex marriage, i don't think it will be as controversial as some people think it will be. >> there are no weddinger is mopes expected at the cathedral in coming days. the church is booked with other events now you have to be a member of the cathedral to be

married there. thanks to the smartphone, people can check bank accounts and create photo albums, unfortunately, you are not the only ones looking at all that stuff. nbc's linda back care row explains how to maintain your privacy while getting the most out of your smartphone. >> reporter: with smartphones and online sites it is easier than to have track your every move and help concern over privacy, popular mechanics published "who is spying own" one way to spy is through smartphone apps. >> the apps that you download can ask for permissions to see your photos to access your address book, your text message history, your browser history, all sorts of things that people might not even realize that they are giving up. >> reporter: davin says you should never rely on the default privacy settings on apps and social media sites. he recommends adjusting them to

control access to your information and when it comes to protecting your privacy, davin feels more comfortable with the iphone than droichld >> popular mechanics we tend to lean toward apple for a bit. they have a walled garden around their ecosystem and some people don't like that a bit. what it does mean there is more security there it means they have done a better job of cure rating and investigate the as. with the droirksd is the wild west. breaking news from the obama

administration now. labor secretary hilda solis is stepping down. she sent an e-mail to colleagues saying she submitted her resignation letter to the president this afternoon. >> solis made that decision after consulting with her family and close friends. labor unions have praised solis for aggressive enforcement of wage laws and job safety regulations. business groups, on the other hand, have criticized her saying she should have taken a more cooperative approach. turning to the weather, veronica's taking a look back and a look ahead, to inauguration weather. >> it is a big one for so many people who, of course, are going to be outside. thousands of people. so again, we are looking back as we look outside though, you can see the clouds trying to clear. today, not a bad day at all for us. unseasonably mild. pretty darn warm again, temperatures got into the 50s and 60s, just down to the south of the area. again, all this based on those steering winds, the jetstream and where it is and for the last couple of days it has been way up here to the north, across the

northern tier of states. there will be cold air step nothing the west coast and eventually, the cold air will be arriving here, 50s, 40s, eventually the 40s, high temperatures go, 40s and 30s by the time we get to mid to late january. as we look back, the past inauguration, 2009, it was 28 degrees with windchills in the teens. the average noon temperature up to 1937 was 37 degrees. inauguration dates not like it is today, probably a cold trending more toward the upper 30s to low 40s, 48 now, got a light southwest wind. the skies clearing. check out thursday. there will be some high clouds pushing back in tomorrow, temperature gets on the other side of 50 degrees. rain comes in with the next

weather system on friday. most of that rain favors the afternoon as opposed to the early afternoon hours. as we take a look at your four-day forecast, step out o the way here, temperatures the next couple of days will be warming up. actually, you know what, meteorologist kammerer will have that coming up. this weekend into the 60s guys, best chance of rain on monday and tuesday. a senior baseball pitcher at lake braddock high school has returned to classes after a terrible accident last sumner hawaii that left him paralyzed. nick ballenger is making a remarkable recovery in the face of an injury that could have claimed his life. his mother says she has never seen a 17 gerald so happy to go back to school but nick ballenger is thrilled to be back at lake braddock, taking classes every other day. >> is awesome. i wish could i come every day. >> reporter: nick's journey back has been painful a hard landing on the beach during a family summer vacation in maui first left him paralyzed from the neck

down. he is regaining use of his arms and legs, but he is relearning every single movement. >> just waking up in the morning and going, oh, man, i got to go brush my teeth. and i'm like, oh, i can't get out of bed. >> reporter: there's been excruciating physical therapy, chronic infection and a pretty rough 12 days after christmas. but progress has been remarkable. >> no matter how minor it is, it is still major improvement. >> reporter: from his hospital homecoming in august to his very first steps with a cane, then a crutch, then on his own at last fall's homecoming game, nick has persevered. >> he is a new man. he is -- he has got a smile back. down there obviously, nothing to smile about. but now, he is handling the situation better than anybody i've ever seen. >> reporter: this is nick's second day back in classes here at lake braddock since the accident. and despite every setback, he is

only two classes away from graduation. he won't pitch again for the school baseball team, he will be part of t >> his role will change, but lel he have debt any still have a role. >> reporter: strong support from family, friends are and the community has been good medicine. >> make sure that people move on to the next thing and so what we really tried to do is keep people, teammates and partners, with nick's journey. >> reporter: however, nick is focused on one thing. >> my goal is to be able to walk across that stage to get my diploma and go down the stairs. that will be a great day. >> now, on sunday night the four seasons hotel will host a big benefit dinner for nick, featuring d.c.'s top chefs. to learn more about that, get tickets, logon to nbcwashington.com and search fund-raiser. >> i looks great. he has got a lot of friends roling for him. >> such an inspiration. really is.

the surprise ending to a hear nothing the colorado theater massacre. what the suspect's attorneys didn't do. a day care worker facing charges in prince georges county. why the day care itself could also be in trouble. what's going to be the biggest obstacle for

still no word on whether the wife is a suspect in the mysterious murder of a lottery winner in chicago.

however, police questioned yarush kahn's widow for four hours in november h he died as he was about to collect a $425,000 cash option after winning a scratchoff jackpot in june. kahn's death was only ruled a homicide from apparent cyanide poisoning just this week. his widow denies having any role in his death and she says she can't believe her husband had any enemies. the third and final day of testimony in the preliminary hearing for the aurora movie theater massacre trial. prosecutors introduced more evidence today, including photos of suspect james holmes. lee ann gregg is live in centennial with more on the surprising decision defense lawyers announced today. lee app? >> reporter: pat, the decision about the trial could come any time in the next few days. the hearing ended with no defense evidence. after three days of dramatic information from the

prosecution. > a last-minute surprise, james holmes' defense team refrained from calling witnesses that could speak to the defendant's mental state it comes after end of three days of compelling prosecution evidence. cell phone pictures holmes took of himself hours before the shootings, one with dyed red hair, wearing black constant lenses, sticking his tongue at the camera, in another, smiling with the muzzle of a glock handgun in the frame. >> he had black contact limbses -- lenses on and he just looked very evil and he sat in the courtroom pretty much delighted. >> reporter: also, photos taken in june and july of the century 16 multiplex. >> somebody is still shooting inside theater number nine. >> reporter: same theater mass murder unfolded in the early morning of july 20th. at the hearing, evidence of the horrifying moments from a 911 tape when 30 gunshots could be heard during the 27-second call. investigators outlined how

holmes spent weeks preparing for the attack, preordering his movie ticket and bobby trapping his apartment with explosives to draw first responders away from the theater. >> the prosecutors have so much evidence of premeditation in this case they don't even know what to do with it all. >> reporter: prosecution says holmes showed depravity of the human heat, not only did he intend to kill exwanted to kill all of them h. >> all the steps he took for as long as he took those steps, that's not an insane person. that's an evil person. >> reporter: now the next step in the legal process, a trial with a possibility of the death penalty, or a plea deal that would save the cost of a trial and avoid the grief of family members reliving the horrible events again. even though more than 160 charges were filed against holmes, the prosecution says it could have filed up to 1500. pat? right newt 5:00 tonight, a day care in prince georges

county shutdown today. an employee there facing allegations of child abuse. >> rg3 under the knife. the redskins' franchise quarterback recovering tonight from a successful knee surgery. and chaos on a dock in lower manhattan. today, dozens of people hurt when a ferry crashes early this morning. good evening on a busy day in the news. i'm jim handly. >> i'm wendy rearing. tonight, a 19-year-old day care employee arrested and accused of child abuse after a witness captures an incident on video. >> prince georges' county bureau chief tracy willblens is live in upper natural bore throw explain why this day care center is also in some trouble now. >> reporter: now you this day care actually did not have a license. it is an unlicensed day care here, which is considered illegal h we knocked on the door but no one responded to our knocks. let me show you the suspect in all of this. 19-year-old jonathan couplings is being charged with child e