night. in the meantime, tucker barne, -- tucker barnes is in the weather center with the latest. >> it will be blustery out there today as the winds pick up. the nor'easter will continue to depart. 61% for the relative humidity. the winds from the west at 9 miles an hour. they are gusting to 30 later today. be prepared for the blustery afternoon. temperatures in the 60s. we will have more sunshine in the forecast. a cool fall feel to the start of the day. here is the satellite/radar. there is the nor'easter in new england. lots of heavy rain. this will come through later today. for us, partly sunny afternoon. it is possible we could see a few stray showers. high temperatures are warmer than yesterday in the 60s. partly sunny and breezy. a possibility of a shower and

winds gusting to 30 miles an hour with the high of 66 degrees. we will look at the weekend forecast in just a couple of minutes. back to you. we continue to follow a developing story out of the district this morning. police are investigating a murder. the man beaten to death along the u-street corridor. >> we have sherri ly with the details. >> reporter: there is blood all over the crosswalk there at 9th street. we know this started at a nearby nightclub. dc9, which is over there. the victim threw an object through the club's window. that led to a fight and apparently the man's murder. police shutdown 9th street at u- street and florida avenue for several hours this morning while officers investigated the murder. it started around 2:30 this

morning. police say a man showed up at dc9 but he was turned away. the man has not been identified and returned and threw an object through the club's front window. several people chased the man down the street and jumped him and repeatedly beat him. investigators are interviewing a number of witnesses and suspects, but no word of any arrests yet. the victim was severely beaten and had trauma to the body. it is unclear if any weapons were used in the attack. a man we talked to this morning would not talk on camera. he said he did not know what led up to the deadly beating. police don't know if the suspects had any ties to the club or if they were here inside the club at the time. the club's liquor license is up for renewal. it is possible that this could

impact their license. that is the latest here. sherri ly, back to you. thank you. a suspicious death is under investigation in fairfax county. a 30-year-old male went to the health plex last night and died shortly after. he suffered a trauma earlier this the night. an investigation is under way. the class auction lawsuit representing current and former dc firefighters will be in district court today. dozens are claiming racial discrimination. for years, african-american firefighters have been penalized for discipline and other cases. the big story we are

following for you this morning. the president says the don't ask, don't tell policy will end while he is in office, but not in the courts. the issue is being argued in washington as it is being argued across the country. we have sarah simmons with more. >> reporter: some liberal and gay rights groups would hope the appeal would let go and let the issue stand. the just advertise department -- the justice department is asking for a ruling on the don't ask, don't tell. president barack obama says the policy will end, but he doesn't want to see it happen abruptly. he defended the actions at a town hall meeting. >> i agree with the basic principle that anybody who wants to serve in our armed

forces and make sacrifices on our behalf and on behalf of our national security, anybody should be able to serve. they should not have to lie about who they are in order to serve. we are moving in the direction of ending this policy. it has to be done in a way that is orderly. >> reporter: the pentagon says it will obey the law. some gay rights activists are warning people not to come out just yet. as we see in the debate with sharon angle and harry reid when they discussed the matter. >> the policies are under review right now. we should be waiting for the review of our military to make those decisions and not jumping ahead as senator reid tried to do. >> the bill that came up to do away with don't ask, don't tell said it could only be done away

with if the secretary signed off on it. they could only do that after they report was issued by the pentagon. >> reporter: and in a rare agreement with the president, the family research council says it fulfilled its duty in asking for the emergency stay. >> thank you. in other news, chile miners are waking up in their own beds this morning. just three of them left the hospital through a side door yesterday. cameras were there treating them like rock stars. one of them, miner number two, doesn't want to be a celebrity. it was a carnival atmosphere as the country is celebrating. doctors say all miners should be home by monday. the first rescue worker to go down into the mine was also the last to leave. he describes it as an unforgettable experience saying he was treated like a hero by

the trapped miners. >> they hugged me. they ran and jumped. one was waiting for me. they hugged me and congratulated me. more than anything, i was very happy to see them. >> he says the rescue was a true team effort from the president to the people who brought them water every day. in the district, another town hall meeting by the next prospective mayor vince gray spoke out. he brought the chancellor of schools. he says there is no truth to the rumor he fired michelle lee. in the race for governor of maryland, the top two candidates faced off in a debate yesterday. martin o'malley and bob ehrlich

clashed over the term new americans. >> sadly, as a political football, there is the cynicism rising up and to blame americans for the problems in our economy. new americans did not run wall street into the ground. >> what you call new americans. if someone breaks into my house in the middle of the night, is that a member of my family? >> the election is 18 days away, but early voting starts on friday, october 22nd. we have all you need to know by logging on to myfoxdc.com. some of the u.s. senate candidates battled it out last night. sharon angle attacked harry reid as a career politician. harry reid called his party the extreme. >> not forcing people to buy

things that they don't need. what we want is a basic policy where we can add the coverages we need. >> insurance companies don't do the things out of the goodness of their hearts. they do it for profit. they have almost destroyed our economy. >> and turning to the economy now, staggering numbers on the federal deficit come out this morning. it is expected to be more than $1 trillion for the second year in a row. with weeks before the mid-term elections, it will give government critics fresh ammunition. they are projecting the budget to be $1.29 trillion. there are new efforts to compensate social security. house speaker nancy pelosi says the house will vote on a bill to provide $250 payments to millions of retirees and disabled americans. like the payments in the 2009 economic recovery package. that is to make up for having

no cost of living increase for next year. the vote is scheduled for next month. a federal judge says a lawsuit challenging the health care overhaul can go to trial. he wants to hear more arguments from the obama administration and the 20 states suing the government. at issue is whether it is constitutional to force people to purchase something, in this case, health care. now a fox 5 follow-up on the claims of a cancer cluster in frederick, maryland. a reporter found army researchers spraying agent orange to kill vegetation in 1950s. the families surrounding the area were claiming health claims. now the health officials will take another look at the data after 600 cases were reported. >> in my heart, i know that

this wasn't a curse over our family. it was put into our water and air and soil. we were showering in it. washing our clothes. >> we ask that you expand this to look at the accurate view of what is occurring in frederick. >> officials released a statement saying it is continuing the research into past activities from the fort at 1940 and up to 1970. the next big gadget to enter the market. the windows 7 smart phone. what we can expect from windows. and metro may have to back up its plan to slash the price of the smartrip card. why they are considering leaving the rates the same. keep it here.

 

there are about to phones o create buzz. microsoft's windows 7 is supposed to give the iphone tough competition. joining us now is rob peggaro. let's clear up something. when i say windows phone 7. i'm into the talking about a physical phone. it is the software that will be available on a couple of phones. >> yes. >> is this software any better than windows mobile 6.5 software? >> a huge jump. windows mobile was competitive back in the day pre-iphone. they let that slide. with windows phone 7, they scrapped just about all of that. everything above the foundation

level. windows phone 7 doesn't look like windows mobile. i think it is competitive with the iphone. windows mobile would never been. >> it was never meant to be. >> right. >> let's talk about this. there are a few phones that will feature the new software. the first one is a samsung phone that comes out in november. >> november 8th. >> tell me about this phone. what is the price point? what are the features that people can look to with the new software? >> all of the first round of phones. three from at&t and one from t- mobile should be about $200. the big pitch microsoft is making here is you look at the screen and you see how many calls you missed or twitter updates. you will see it all right there. in essence, the whole home screen is notifications of what is going on in your life.

the iphone, it is the apps. the apps are running and the date and forecast. >> on this phone, is it easy to go from that page to an apps page? >> yes. you have the home screen which is the series of tiles. they can be short cuts to call your wife and that sort of thing. you flick your finger to the left and you have the list of apps like a conventional phone. >> generally speaking, what are the positives with the new phone? >> the biggest positive is windows mobile was designed back in the day when everybody has a stylist with the toothpick. it was supposed to look and work like windows. i don't know why they put windows in the name. it is not like windows on your desk stop -- desktop.

they are all gestures. very straight forward. a lot less to learn. if you use an iphone, you will not be too lost. >> the negatives? >> it is a new start for microsoft. i'm not used to that from this company. we have to see what software it gets. they look promising. we have to see what the battery life is about. microsoft has catching up to do. they said wait until early next year. we will add copy and paste. >> okay. as with any new release, people start getting feedback. why doesn't it do that. >> exactly. >> i want to show the other phones available after november 8th that will come out. tell me about these. >> one of them is the phone you see in the bottom there. it is from htc. that is weird. when i first picked it up, i thought it was a keyboard. there is a speaker on top of

it. i think i'm too old for that phone. there is probably a market for that. i'm not in it. the top right is from lg. that has a slide out keyboard, which is nice, but the shift key is in the wrong place. >> one thing about this software. not a lot of apps come with it initially. >> correct. not even from the carrier, which is the difference. a lot of android phones, you have different things and you cannot get rid of them. the phones i tried, even from at&t, comes with the uninstall button that works. >> all right. november 8th is the date when the first new phone is coming out. rob, thank you for joining us. >> you are welcome. >> allison, back to you. thank you. the chandra levy murder investigation has been going on for years now. we know one way police were trying to get a confession out of the suspect. by mail.

we will explain that. and holly has a special guest with us. >> our special guest is derek thomas. our gardening guru. he is the man with the plan when it comes to decorating in the fall for your outdoor living space. he will show us how live later. thank you, holly. here is a look at the trivia question. paul newman took an ad in the newspaper to apologize for which movie when the film was shown on tv in 1966.

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two washington d.c. schools and two suspicious packages in two days. police believe one of the packages has a texas connection. a letter containing a white powder was sent to bancroft elementary and another showed up at adams elementary. the letters were harmless in the end. letter sent to bancroft elementary may be linked to other letters sent to texas schools. how do you get a suspected murderer to confess? how about a phony pen pal? that is what investigators used trying to get a confession from the prime suspect in the chandra levy case. investigators called the phony letters written in 2004 and 2005. the judge denied a request to dismiss the case yesterday. the trial is expected to get under way next week. you can forget a price reduction for smartrip cards. metro was going to cut the $5 price tag in half.

they reversed the decision. they thought it cost $1.25 to make the smartrip cards, but it costs $3.40 to make each card. the differencewouldd have cost metra millions. what do you get a girl for her birthday? >> a pony. >> that would be expensive. one viewer wants to know what to get his niece for his birthday. >> would a gift card be okay? >> if you want to take the easy way out. >> wonders. the colts are coming to town. peyton manning and the colts are coming in town. dave ross is in next with the friday football forecast. and jeff daniels is in studio with us. the actor and musician is performing live for us. we will talk to him about his music and acting career.



it is official. the redskins are on a roll. bring it on. >> dave ross is here for friday football forecasting. it is a winnable game. >> when allison is that enthusiastic, how could you not be in the greater washington area? >> right. >> these are the games you want to get fired up about. >> we thought it was a tough opponent in the packers. they were tough. we saw what happened. why not this week? a couple of guys that have to play and play well for the redskins to win. trent lee. we know the rookie is a flat out stud on the offensive line. he has a bad knee. you can see this is his last week where nobody hits him.

his knee gives way. he missed the two prior games before playing last sunday. he is a gamer. that is what you love about this kid. he wants to be out there. the redskins need him. this is what trent said yesterday about possibly playing on sunday. >> it is important to be out there every week. we do have super bowl champion peyton manning coming in town. it will be a huge game. i want to be on the field. >> he says the football champion colts, they have not won it in a couple of years. it doesn't matter. it is peyton manning. one guy i think we need to see is albert haynesworth. if he plays, and we don't know if he is ready to play, this is the guy they need to get in the face of peyton manning. peyton manning likes to step up in the pocket. this guy is huge. if can he take away that space,

there is one less read peyton manning can make. albert haynesworth can get in his face. his brother passed away tragically last week. he is back with the team. mike shanahan said if he is physically and emotionally ready to play, he will be there on sunday. >> if he is emotionally ready, he should play. i hope he is ready. this is the game he shines? >> i think when something that traumatic happens, you make decisions. and some different character traits come out. >> hopefully for albert, it is therapeutic to get back out with your team. >> and not to diminish what he is going through. >> we have been having fun all morning with peyton manning and

his commercials. thislastt commercial summarizes the view. >> extra hotel night in new england. >> you are going down, manning. >> that is right. 4th floor. getting a massage today. excited. >> extra night in cleveland. free. >> good call. i cut it up and put it in a fruit salad. >> extra night in san diego. free. >> i will do that. >> getting world class rewards. priceless. >> sweet. >> he has the right answer. that is why he is the spokesman for everything. >> i think i know some that you did not show. >> there are a million of them. >> we don't like them on sunday. let's hope the redskins get them. >> look at that. thank you, dave.

>> some people don't forget. what do you want to tell us about the weather? it will be good for the game? >> it will be fabulous for the game. a little cool. we don't want to talk about the -- >> good throwing weather for sunday night. 56 degrees at ronald reagan international. you can see it is 57 in frederick. our high yesterday was only 61 degrees. you will notice the winds are west/northwest today. that will give us a fall-like feel. there will be sunshine moving in during the course of the day. west/northwest winds gusting to 20. they are gusting to 25-30 miles an hour at times. bring along a jacket. it will feel cool out there with clouds and those breezes from the west/northwest.

the good news is the forecast from yesterday showing the rain which is now out of here. the focus is off to the west. an upper level disturbance. we have rain in west virginia. a possibility the showers will make it across the mountains today. it will not be a picture perfect afternoon. high pressure out to the west will come in here and deliver brilliant days tomorrow and sunday. here is the forecast. partly sunny and breezy and maybe a shower out there. warmer than yesterday. the winds gusting to 30 miles an hour. be ready for that. if you are headed out tonight, bring a jacket. 48 in town. low to mid 40s. clear skies and certainly -- mid-40s. clear skies and certainly cool. the high temperature on sunday is 70 degrees.

a chance for some showers come back into the picture by tuesday afternoon. that is the next chance for rain. highs in the upper 60s. go redskins. back to you. thank you. it is time to answer today's ask allison question today. today is questions. the first question is my niece will be 14 years old. what is the best gift for her? i had to do more digging. i e-mailed her and he said his niece likes fashion and r&b and jewelry. here are some ideas i have. how about an ipod loaded with her favorite artists or an itunes gift card. she likes jewelry. a charm bracelet. you can buy one charm this birthday and you can add on over the years. girls this age like to feel

pampered. manicure or pedicure. she is still 14. a gift basket is ideal with 14 of her favorite things. two gift cards with 12 other things in a basket. if you are not creative, get somebody artsy to help out. october's birth stone is opal. opal earrings would be a sweet gift or this is tony's idea. a gift card for her favorite clothing store. find out what she likes. some teenagers like forever 21. an engraved piece of jewelry or

stationery. you can take her out for a special day and lunch. part two of your question has to do with gardening. you asked me to pass it on to derek. "i have a plant, it plant, i want to know how often i should water." derek saidspiderr plants have tuberous roots. you should sit it a few days between waters. spider plants benefit from a slight drying between watering. once a week and adjust less frequently depending on the environment. that comes from derek. i hope that helps.

we wish your niece a happy 14th birthday. if you have a question woullike myfoxdc.com and look for the link for ask allison. >> those were thorough answers. >> i'm completely out of breath right now. derek is on the show. i asked him about it. thank you for watching. good stuff. the skyline around washington d.c. is changing. we will tell you how a new addition will change the look of rossland. and the basketball player who cried wolf. the details coming up. some would say it is karma. back in a moment. lysol believes no toilet is complete

until it's completely clean. lysol max coverage toilet bowl cleaner gives you total coverage from rim to water line. it even removes stains better than bleach and kills 99.9% of germs. so when it comes to a healthy home, lysol's got you covered. for tips on a healthy home,

visit lysol.com/missionforhealth. welcome back. rossland, virginia is about to

go through change. they will break ground on the tallest building. it will be 35 stories tall. the $300 million building will have a spectacular view of downtown washington d.c. it is expected to open in 2013. be careful what you wish for, especially if you are gilbert arenas. >> one day after admitting to faking a knee injury in the tuesday night game, he hobbled off the court not faking. he checked into the game and minutes later, he hobbled off with a strained right groin. the bucks won that game 96-88. the temperatures are dropping. the season is changing. that means a new decor for your home, of course. holly morris is hanging out with derek thomas this morning. they have tips on which space to decorate. you know him from the big

screen. actor jeff daniels is here. he is a musician as well. an accomplished musician. he will talk to us and tell you where you can see him perform tonight and tomorrow. stay with us. we'll be right back.

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when you can tell by the recent cool weather, you know fall is here. holly morris is getting great gardening lessons this morning. she is with derek thomas. >> reporter: derek is the man to know. he is from ed's plant world in brandywine. we are making the most of fall. we are making more than one season. >> right. you know, i think what has happened is a lot of people have decided to create wonderful outdoor rooms. once labor day comes, they close down the pool and they think it is done.

>> reporter: she shutoff the -- they shutoff the grill and put away the lawn furniture. >> reporter: plants are the best way to create. it is a beautiful day. why not think about entertaining outdoors this fall? with plants like manzina. the color is going to stay on this all season long. you know? you have wonderful shasta daisies. you cut them back and they come back into bloom for the fall. >> reporter: you have to change out your plants or you mix them so they bloom at different times? >> you can do both. you can mix. this area here, for instance, we have the mums, of course, but we have the boxwood. that would look just as nice in the summertime as it looks right now. it will look just as good come the winter. >> reporter: you know when i see people that have multiple

seasonal plants, i think it is high maintenance. how do they do that? >> fall planting. you take a big container like this. these are tropical. once it gets cold, they are dead. you take these and swap them out. that is the arborvitae. you can do the same thing here on the other side to jazz up the entry way a bit. i'll move these out of the way. think about this one. what if we were to take the tropical out and let's put a mum in. >> reporter: you can't really make a mistake in mixing and mingling as long as you stay within the season. >> right. as long as what works now with the weather. jazz it up. don't be afraid to experiment. we talk about the beauty berry in one of the earlier segments. look at the berry and the fall

blooming. it blooms two-to-three times out of the year. >> reporter: hence the name encore. >> you could put this plant in your kitchen area. think about fabulous outdoors and weekends and the azalea is doing an encore for you. what about decorating with tropicals this year? a great way to do this. switch these out and there we go. >> reporter: putting the mums there. >> you have great contrast with the colors and you are ready for fall. >> reporter: here is my question. it is easy to switch them out, but that costs a lot of money. does it pay to shop around? >> it pays to shop around. a lot of consumers are cost conscious these days. one of the reasons why i thought it would be great is

that ed's plant world is wonderful for people on a budget. they always have weekend specials and have things going on. we talked about the pumpkins this year. >> reporter: in fact, i will end on that note. ed has a great offer for all fox 5 viewers. if you come out this weekend, they are giving 10% off on anything you may buy. if you come as a family, you get a free pumpkin. ed, i'll take that one. i'm kidding. ed is over in the evergreens. myfoxdc.com is our web site. we have a link to ed's plant world. derek, as always, it is a pleasure. >> thank you. >> reporter: thank you. thank you. you can head to my house and we can do all you talked about. back to you. thank you. a list of the movies is impressive. you may have loved him in the

movie "pleasantville" or "terms of endearment." he is here with us this morning. jeff daniels. >> how are you? >> good. he has a new album out. "live at the purple rose." you have been doing this for a long time. >> yeah. about 30 years. it was just a great hobby. as i was trying to make it as an actor, i would go the apartm phone to ring which would last weeks or months at times. this kept me sane. i enjoyed it. i have been writing for 30 years. you know, the last thing the world needs is another actor/singer/song writer. the expectations are very low. >> you talk about it being a hurdle. sometimes when we think about actors who turn to music, you think of william shatner. >> big fan of bill.

he has sung often. and terry bradshaw. he put out an album. i have an album by telly savalas. apparently it is a disease. >> you have a notebook of songs of the last 30 years. >> i have a theater company in michigan. the purple rose theater company. i thought of a way to raise money. they said take your guitar and we will sell tickets. i did. i found i really enjoyed it. now i'm going on the road and having fun. >> let's talk about the purple rose. named from "the purple rose of cairo." tell me about the theater and what you are trying to achieve with the theater. >> i was brought up in new york

off broadway. circle company was a company where they did new american plays. it is so difficult to get your play done in new york financially. it is a battle. i think the regional theater and professional theaters around the country -- the more new american work we do, the better. that is what the purple rose does in michigan. we are 20 years old. we mostly do new american plays. >> that is great. proceeds from the cd go to the purple rose theater. it is a marvelous cd. what will you play for us now? >> i have a song about relationships. those who have ever found themselves where she is looking at you and "it is not that i don't love you, but i don't like you anymore." that sounded like a song. >> jeff daniels is playing tonight and tomorrow.

here he is now. ♪ she took me ♪ by surprise ♪ she was matter of fact ♪ she said ♪ we need to talk ♪ what was me ♪ and her ♪ is now no longer us ♪ mmm ♪ i was her sir galahad ♪ that was then ♪ this is now ♪ but the lie i was living ♪ turned out ♪ to be true ♪ i heard the sound of what ♪ could be ♪ her only shoe ♪ my little slice of heaven ♪ is now my ♪ what the hell ♪ for ♪ the apple ♪ of my eye ♪ is now rotten ♪ to the core ♪ it is not ♪ she don't love me ♪ she don't like me ♪ anymore ♪ nobody's perfect

♪ i ain't no saint ♪ my same old ♪ same old ♪ mode ♪ guess it needs ♪ a new ♪ coat ♪ of paint ♪ my shinny silver ♪ dollar ♪ is worth 2 cents ♪ you never know ♪ it's over ♪ until it is ♪ under your nose ♪ i never see it coming ♪ that's how it goes ♪ my little ♪ slice of heaven ♪ is all gone ♪ it's not that ♪ she don't love me ♪ she don't like me ♪ anymore

>> thank you very much. good night. drive safely. [ applause ] >> try the veal.  [ female announcer ] why settle for plain bread

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time for the trivia question answer. paul newman took out an ad over which movie? the answer is "the silver chalice." newman said he wasn't proud of the performance. he asked people not to watch. the broadcast received high ratings. who cares. it is paul newnan. the look at the five-day forecast. it will be blustery with the highs in the 60s. it will be wonderful for the redskins game. >> we have jeff daniels here who performed last night. nice to have him