>> we would say obey god before it's too late. the soldiers are dying for your sins. >> reporter: on the up ream court website, a -- the supreme court website, the summary of the case. among them, the first amendment freedom of speech and peaceful assembly tenant and the family's right to have a funeral. does that trump the protestor's right? >> a funeral, that is where you draw the line. >> reporter: albert snyder sued westboro baptist after they picketed the funeral of his son matthew. >> if they were doing this back when the forefathers founded the country, they would be shot for treason. >> we're about 5,000 feet from where they are going to bury that guy. >> reporter: margie phelps will argue the case on wednesday before the supreme court. she hopes to win with a vote of

9-0 and there are plenty of scholars that also think she will win but perhaps not by 9- 0. >> but in the court of opinion, there is a very different feeling, isn't there? >> there was a jury in baltimore that awarded albert snyder $10 million. but in the final analysis, it's not up to a jury, it is up to the supreme court. >> and we'll see what happens on wednesday. bruce, thank you. the department of defense just announced another fatality in afghanistan. sergeant first class lance vogueler died october 1st. the 29-year-old from frederick, maryland. he was killed after insurgents attacked his unit. he is survived by his wife melissa and his children kyle and madison. for the first time three women are serving together on the supreme court. justice elena kagen joined the high court for the start of the new term today but her day was different from her colleagues. she took herself out of nearly half of the cases the court has already agreed to hear because of her past work as the top

lawyer for the obama administration. >> there is a number of cases she'll not be able to sit on. that means potentially a problem because the court, if they are closely divided, would split 4-4. she would not be there to cast the key deciding vote. >> if she is absent from a case and the justices do split 4-4, the most recent lower court decision will stand. we have an update on -- for you on the fatal bus accident last week. an autopsy shows that the driver of the charter bus actually suffered a deadly heart attack behind the wheel and that is what led to wednesday's crash along a ramp to i-270 in bethesda. the driver was the only person who died. several passengers on bus were hurt. the bus was taking children and adults back to pennsylvania after a day of sightseeing in d.c. more sex assault charges against a montgomery county youth soccer coach. a second child has come forward claiming roger fernandez assaulted them. police say fernandez will face

two additional charges for sexual abuse of a minor, he is already in jail on similar charges. let's update our breaking news now from 5:00. a virginia state trooper who was hit while responding to an accident, peggy fox is live with the scene and what do we know about the officer's condition? >> reporter: well we understand -- we believe he's going to make it and that his injuries are nonlife-threatening. but it was a dicey situation on the northbound lanes of i-95. look at the pictures from this afternoon. that trooper had to be airlifted to fairfax inova hospital with very serious injuries. he had been outside of his cruiser answering a call of another accident. that's where he was when another vehicle plowed into his cruiser, pinning the trooper between the guard rail and his own cruiser. again, we understand that the trooper is going to make it. we are not exactly sure what caused the accident, why the

second vehicle plowed into the cruiser. was he not playing attention? perhaps on his cell phone? who knows. state police have done a crash reconstruction this afternoon to try to figure out exactly what happened and it involved several vehicles and 95 was shut down and they reopened one lane. it was only at 4:30 when the entire northbound lanes reopened, the accident happened at 1:15. but so far tonight everything back to normal. peggy fox, back to you. and in prince william county, a construction worker trapped in a trench. from sky 9, let's set the scene. this is 3200 block of ridge view court. a crew was at work when a man slipped into a trench filled with mud. it took a while, but first responders got him out. we're told his injuries do not

appear to be serious. people are clearing -- cleaning up from a storm today. earlier along nebraska avenue this was the scene in northwest d.c. we're going out to topper on the weather terrace where we hope the showers have tapered off by now. >> they have. the clouds are hanging tough and they will for a while. let me start with temperatures. look at the almanac for today. temperatures almost 20 degrees below average. 57 and 52 in the books as a high and low. averages still 73 and 54. we barely made the average low with our high temperature. that's topsyturvy. and record high 94 and low 34. we picked up about five-tenths of an inch of rain. if you head out, you will need a jacket. the showers you will encounter, very light. nothing heavy. everybody is in the low to mid- 50s. hagerstown is 52. leesberg is 55. manassas is 55.

and friends in oakland only 43. so for tonight, mostly cloudy and breezy, chilly, shower possible, lows in the 40s. everybody is in the 40s tonight. winds northwest at 10-15. we'll come back and talk about when you will need the umbrella once again and talk about when you need your shades again, lesli. >> thanks, topper. it appears the virginia attorney general is getting hot and bothered over global warming. ken cuccinelli is demanding documents related to the work of a scientist who once worked at the university of maryland. he is michael man and he concludes that the earth is warming. he is wanting to know if he manipulated information. he told a judge he had no right to that information. and verizon customers will get a refund. a research showed they falsely charged data fees for those not signed up for the service.

so verizon is paying $90 million to all effected customer and you can expect a $2 to $6 credit on your bill. if you are still a verizon customer. if you are no longer a customer, you will get a check in the mail. a school activity no parent wants their child involved in. how we can keep our kids safe at school. we'll have more ahead. plus something may be wrong with the fish you are eating. we'll tell you why a little later. 9 news knew is back in less than 2 minutes.

my dad is the supervisor of a train station and my mom's a teacher. my dad's an auto technician. my mom's a receptionist. i'm not sure i would have been able to afford college without the tuition freeze. while tuition in other states is rising out of reach... governor o'malley made the tough choice to freeze tuition.

he made my dream of going to college into a reality. i'm the first in my family to go to college. my brother and i never would have been able to afford college. even though times were tough... governor o'malley kept his promise. there's never a doubt... there's never a doubt whose side he's on. martin o'malley... moving maryland forward. let's check on the evening rush. and we have a new accident in virginia. >> that's right. this is 395 northbound at gw parkway, blocking two lanes out of three. so it's going to be a long delay, starting at the pentagon. watch out for that. northbound 395 at gw parkway. now 95 southbound, looking really heavy as we take our live picture from back lake to fairfax county parkway. it is a crawl. about 15 minutes to get through, but the accident northbound 95 at 123 is cleared. back to you. let's update you on a

travel alert. fbi and the homeland security department say there are no indications that terrorists are targeting u.s. tourists europe. but they do believe al-qaeda wants to attack the united states but there is nothing pointing to any specific plot. >> we are not hearing any specific information about targets, location, timing or any -- any valuable advice to americans about what they should do. >> and the state department is stressing it is not advising americans to not travel to europe, but they want to make sure u.s. citizens are on guard. so here are tips to keep you safe overseas. spend less time in public areas of airports. that is the front, side of the security check points. avoid luggage tags that might identify you as a tourist. and report any unattended items at the airport. and this is obvious. identify visitors before you open your hotel room door. by the way, japan and sweden

have also issued travel alerts. now to the snag in rahm emanual's run for mayor of chicago. his political opponents are raising questions about whether he is legally qualified to be mayor. a candidate must reside in the city for a year before the election. and according to the chicago sun times, he owns a home in chicago but he rentd it out when he became president obama's chief of staff in 2009. some chicago election attorneys say owning a home that is rented out does not meet the residency requirement. well teetering on the edge. people whose homes are in danger of destruction might get a life line. we'll get details of that after the break.

four years ago, bob ehrlich got fired as governor of maryland. for good reason. first, he protected tax loopholes for giant cable cable companies. then, he let utilities jack up our rates 72%. and for the last four years, he worked as a hired gun for big corporations, even a bank that took billions from a taxpayer funded bailout. ehrlich sides with corporate executives again and again and again tell bob ehrlich big banks and billionares don't need help. middle class marylanders do.

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...frozen within 8 hours to lock in nutrients. up to you. [ green giant ] ho ho ho ♪ green giant. i give patients act restoring mouthwash. act kills germs, restores minerals strengthens enamel. act restoring-- for strong teeth act now. this is some video we brought you at 5:00 and what you are seeing is part of a disturbing trend. d.c. students being pushed into fistfights. and since we reported on this at 5:00, d.c. school officials are weighing in. bruce johnson is live in

northwest. bruce, what are they saying? >> reporter: well, lesli, suspensions all around. and one student may be expelled because of all of this. not only are the kids being video taped after being forced into the fights, they are ending up on you tube. we are standing outside of bell multi-cultural group in northwest, because not long ago a 16-year-old attended here and transferred and within three days she was forced into one of these fights. the cameras rolling, the two girls who had been pushing and shoving each other during the day, are encouraged to fight. cars pass buy and students gather. the transfer student is beaten into near unconsciousness. who were the people with the video cameras and cheering the fight on. >> they were her friends. >> reporter: and did you know it was being videotaped. >> huh-uh. >> reporter: she had separate injuries to her jaw and arm.

>> i didn't want to fight. but after she swung on me, i wasn't going to let nobody hit me. >> reporter: a counseling program in northwest, and said this is one of thousands that end up taking place and end up on you tube. >> i am fearing for the family involved and the kids in d.c. public schools. it gets to the point with peer pressure is pushing it on. >> reporter: a mother talked to us today. you tube should be held accountable. the person who held the camera, the person who followed her home should be accountable, the school should be held accountable. >> reporter: the two young ladies involved were both facing 25 day suspensions but after d.c. school officials viewed the videotape on you tube, they say the students who instigated the fight, the one in the orange, she's looking at

a 90 day suspension and there may also be a reason for an expulsion in this case. >> that video is hard to watch. thank you for that. some maryland homeowners whose prize possessions are on the verge of going over a cliff may finally get some help from the state. homeowner dave selector shot this landslide that took another part of his property. his deck may be at risk of falling down the 100-foot block. maryland natural resources secretary john griffin told 9 news today that state and federal emergency management grants should be used to buy out the homes most at risk at going over the edge. >> well we can identify by further site analysis the homes in most jeopardy, and prioritize them and then offer to the homeowners to purchase

their property or buy easements on their property. >> we should learn more about the buyout and other ideas on october 26th. there is something fishy going on in the potomac. fish with male and female parts. and now an environmental group is calling on congress to cast a few research dollars into the issue to see what is going on. two years ago a study found that most male small mouth bass in the south branch of the potomac had started to produce eggs. for more stories where you live go to wusa9.com. find your community in our where you live section and keep up with what is happening in your neighborhood. if you have a story or news tip, we want to hear from you. so contact us and be part of the wusa9.com team. rainy and wet and chilly and cold. i like the cold, but we could do without the rain. >> you're like my daughter. she loves the cold. i'll tell you, it was almost 20 degrees below average. and clouds are hanging tough but the heavy rain is gone. here is your forecast first. the next three days, we'll have

breaks in the clouds tomorrow. just a slight chance of a shower. a much better chance of a shower on wednesday afternoon. the low 60s tuesday and wednesday. and then we finish strong. thursday sunshine and back up to 69 to almost 70 degrees. we'll break down tomorrow. think it will be a dry commute with clouds. temperatures chilly, around 50 at 7:00. 56 by noon. maybe a sprinkle. and 61 by evening. again a few breaks in the clouds. nothing heavy or steady will fall tomorrow certainly. 55 right now. 50 in gaithersburg. 54 in frederick. and 55 in leesberg. 57 down in fredericksberg. so most folks held in the 50s for highs. now for tonight, mostly cloudy and breezy and chilly, showers possible. lows in the 40s. winds continue out of the northwest at 10-15. satellite picture radar combined. a big area of low pressure stacked on top of us and it can't move because it's trapped from the upper winds and it

will sit and rotate but the good news is not much will happen the next 24 hours. the best chance shore showers is -- the best chance for showers is on wednesday afternoon. the exception is the mountains. they'll have a few showers tomorrow afternoon. look at the lows tonight. everybody is in the 40s. 48 downtown and 45 in college park. mid-40s in rockville. 43 in gaithersburg. 42 in leesberg and 43 in manassas. so this is the time now to get your furnace checks or flue checked. tomorrow morning, mostly cloudy and breezy. and by afternoon we'll keep the chance of a shower in. high temperatures between 60 and 65. winds northwesterly at 10-15. 9 future cast has the showers in pennsylvania but they do begin to rotate back around. look at that snow tomorrow morning. first flames of the season

toward garret and tucker county. as far as we're concerned, showers west of town tomorrow. 62 tomorrow and wednesday. best chance of showers on went. and then a strong finish, near 70 on thursday. mid-70s on friday. weekend looks nice. dropping temperatureses a little bit. redskins at home looks comfortable and low 70s next monday. and how about those skins. on top of donovan's return, they win. >> 2-0 in the division after not winning a single division game last year. do the redskins have a new star at running back that isn't named clinton portis? more on the rapid emergence of ryan torain. plus why this report's decision to run with ralphy the buffalo was in hindsight a bad idea. i'll explain coming up. hey ove, i'm gonna need a bank. any ideas?

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it is not often that a single 12-yard run transforms a

football player's career but that may be what happened for ryan torain last night who started the season on the redskins practice squad, but is never going back. this is the run in question. first quarter, watch him steam roll quintin mikell like he's not even standing there and take that in for a touchdown. that's the kind of brutally physical running that has people speculating that torain could end up replacing portis as the redskins starting running back. and today shanahan held praise for the young man. >> you start gaining that confidence and momentum and you can see what he did with it yesterday. but ryan is a guy that doesn't have a lot of playing experience but he has a big upside and i can guarantee you i will not -- i can guarantee you he will not be put on the practice side. >> portis left with a groin strain. but clinton told me last night, he doesn't think it's serious into and mcnabb admitted it was weird to leave the stadium last

night and hop on a plane instead of driving home to downtown philly. but what a pleasant flight for him. it was his worst game of the year. just eight completed passes for 125 yards, but he reminded philly fans of the one thing he did best there for 11 seasons -- he won. >> it felt great. the thing about it is, it's about winning ballgames. and that's one that i take pride in. and we were able to do it as a team. i hope nothing but the best for all of those guys. we'll see them again. but as of right now, we're very excited. >> meanwhile the fashional football post is reporting tonight that the redskins are shopping wide receiver devon thomas for a trade. he was a second round pick in '08 but has made no impact in three seasons. now the play of the day. >> today's play of the day comes from matt krause at bishop ironton high school.

this is tyler bol espy running for a touchdown. his fake handoff was too good for his own good. you see the ref even fell for it. they whistled the play dead when the running back got tackled. of course the running back never even had the ball. a big boo to the refs who blew that play. if you don't think there is such a thing as home course advantage in golf, how do you explain that the u.s. hadn't won the ryder cup on foreign soil since 1993 and they still haven't. a monday finish in wale went down to the final match, europe and the u.s. tied at 13.5. hunter may ham taking on graham mcdowell. mcdowell with the 15-footer on 16 to seal it and draino. europe takes the ryder cup. finally colorado fans know the great tradition of running with ralphy the buffalo before

every home gain. this saturday fox reporter jim knock decided to run alongside ralphy and he forgot to tell the handlers what they were going to do. they thought he was an intruder and gave him the body blow because in colorado -- i think we have a replay. there is a shoulder tackle. you don't mess with ralphy. they thought he was some crazy that ran out of the stands to get with the buffalo. don't they have meetings. >> you have to communicate. >> you have to get together with ralphy's people. he has people. >> that's it for us. the cbs evening news with katie couric is next. derek will see you at 7:00. have a great night. fiber one chewy bar.

how'd you do that? do what? it tastes too good to be fiber. you made it taste like chocolate. it has 35% of your daily value of fiber. do it again. turn it into something tasty. this guy's doing magic. there's chocolate chips in here now. how'd you do that? right! tasty fiber, that's a good one! ok, umm...read her mind. what's she thinking? that's right! i'm not thinking anything! [ male announcer ] fiber one chewy bars. cardboard no. delicious yes. >> couric: tonight, uranium soalert for a possible terror attack and a u.s. drone takes out a home in pakistan where a plot may have been hatched. i'm katie couric. also tonight, it's the disease