of expression. and that's what was happening on the sidewalk. the right is well-established. it just has to be re-emphasized over and over every year and every decade. >> i believe that anybody and everyone has the right to question the police about what they're doing. everyone has the right to ask what are you doing? why are you doing this? >> reporter: gary nurenberg, 9news now. the aclu says this is basic first amendment. the organization is getting -- says getting arrested for expressing yourself or questioning authority on a public sidewalk is a violation of freedom of expression which is protected by the constitution. the man police say is responsible for a sting string of home invasions is back in maryland. in a home invasion in temple hills, kevin darnell ray bound six victims with zip ties and sexually assaulted one of them. in bethesda, just days earlier, they say he tied up a mother and son and then sexually assaulted their cleaning lady.

officers found and arrested ray in north carolina over the weekend. his aunt says the cold-hearted home invader police are describing is not the nephew she knows. >> i just need to know what you have. what is he guilty of this? >> police say they're searching for a second suspect in the bethesda attack. ray is no stranger to the law. he served 18 years in prison for manslaughter and is on the maryland sex offender registry. virginia deputies are allegedly holding a 5-year-old child in custody for stabbing three people. deputies with the greene county sheriff's office say the child stabbed two other children and one adult with some sort of edged weapon. the victims are related to the child. none of the injuries are considered life-threatening. deputies have not released the age of the suspect but neighbors are the one who are saying this is just a 5-year- old child. d.c. police are searching for the person who abandoned a newborn baby on the porch of a

home in northeast d.c. the little girl was found early monday morning on channing street less than a mile from the police station. emergency crews took the baby to chirp's hospital where she later died. investigators are waiting for the results of an autopsy to determine the cause of death. if you have any information, please call d.c. police this case. the man accused of killing an 8-year-old boy while allegedly driving drunk is in jail this morning. 22-year-old victor aldonna jumped the curb and hit 8-year- old brian hernandez chavez and his mother while they were walk on a sidewalk in alexanderry yach the boy died at the scene. the mother survived. aldonna is charged with dui, manslaughter and reckless driving. our time is 4:32. republican presidential candidates have wrapped up the first of two debates this weekend in south carolina. >> last night, during a debate on fox news, the contenders took aim at the front-runner, mitt romney. >> romney focused his attention on president obama. terrell brown has more.

>> i visited georgetown -- >> reporter: the g.o.p. pack is trying to stop mitt romney before it is too late. >> mitt, we need for you to release our income tax so the people of this country can see -- [ applause ] >> how you made your money. >> at last night's debate in south carolina, they slammed everything from his business background to his refusal to release his tax returns. >> what's happened in history is people have released them about april of the coming year and that's what i would do. >> romney's position at equity capital came under attack. >> there was a pattern in some companies, a handful of them of leaving them with enormous debt. i think that's something he ought to answer. >> four of the companies we invested in, they weren't businesses i ran but invested in ended up having some 120,000 jobs. >> romney is dominant in south carolina and across the country. a new poll out this morning shows most republicans believe he will clinch the g.o.p. nomination. >> if you're exposing voting record, i think it is quite

proper. >> ron paul defended his use of negative ads while rick santorum and gingrich blasted romney supporters for using them. >> if i had something that was inaccurate, i would go out and say stop it. >> but romney insists he has no control over those groups. >> now, i can't call these people and direct them to do that, as you know because that would violate federal law. >> he apparently has no influence which makes you wonder how much influence he would have if he were president. >> the fireworks aren't expected to die down any time soon. the g.o.p. contenders face off again on thursday. terrell brown, cbs news, washington. >> virginia's already crowded field for the u.s. senate race has another candidate. delegate robert gene marshall announced his candidacy monday. the prince william county republican is one of the most conservative voices in virginia's house of delegates. the 57-year-old marshall said supporters urged him to get in the race. he'll face former virginia governor george allen and several others in the primary. lawmakers returned to capitol hill today with record

low approval ratings. a new "washington post" abc news poll shows 84% of americans now disapprove of the job congress is doing. the house gets back to work today while the senate reconvenes next week. >> italian officials say there are now 29 people missing from the shipwreck of the concordia cruise liner. they're unaccounted for three days after the ship crashed into a reef off the tuscan coast and capsized. at least ten of the missings are believed to be german citizens. they're preparing to file charges against the ship's captain. the ship's black box proves he was the one at fault. the entire peace corps delegation in honduras has left the country. all 158 volunteers were pulled out for safety reasons. the president of honduras said the group was affected by rising crime. honduras is home to the world's highest murder rate. last december, the peace corps

said it would bring volunteers home and suspend training for new volunteers in el salvador and guatemala. the entire region is plagued by drug gang violence. >> some much-needed fuel from a russian tanker is finally being delivered to snowed in nome, alaska. 1.3 million gallons of oil is giving the people of the town power and heat through the springtime. it arrived late saturday after an unprecedented 300 mile journey through the frozen bering sea. nome can't be reached by land because of the snow and ice. air deliveries of fuel aren't practical. people here in the d.c. area and across the country honor dr. martin luther king jr. with a day of community service. president obama and the first family joined other volunteers working at the brown education campus in northeast. the president helped fill book shelves in the school's library and painted m.l.k. codes on the walls. this is the third year in the row the obamas have volunteered on the martin luther king holiday.

the service of song, dance and the spoken word honor dr. king at the national cathedral yesterday. the event featured a preparation called king in our midst. the cathedral hosted a concert featuring the malcolm x dancers and drummers and the conservatory dancers. kick delivered his last -- king delivered his last speech at the cathedral back on 1948. it is being called the largest online security breach since the sony playstation fiasco. if you used your web site recently, your information may be at risk. >> death rally proponents but is anyone willing to listen to their message

good morning.

time now, 4:40 on your tuesday morning. time to wake up. hey, don't forget your umbrella. we're seeing showers right now and light rain go through the beltway and points south and basically up toward the eastern shore. we're expecting more showers this morning through noon. temperatures in the 30s and 40s as we start out the day. 45 degrees. but milder and breezy this afternoon. highs topping out in the mid to upper 50s. here's a look at your traffic with monika. good morning. >> good morning, everybody. there has been a serious accident just after 2:00 this morning on the westbound side of route 50. maryland route 424, i just spoke to state police out there. they're telling me you're being diverted at south river crossover, about a mile after i-97. follow police direction. coming up, more on this and other area roadways at 4:47. it is time for the first your money segment of the morning. >> that's why jessica doyle is here. >> good morning. back to business on wall street after taking a day off.

today, u.s. investors will get a crack to the downgrade of the bailout fund by s&p. it dropped one notch which could make it more difficult for that organization to borrow bailout money. this comes after friday s&p downgraded the credit rating for france. u.s. markets closed for the holidays. checking the numbers, the dow this morning stands at 12,422. the nasdaq gave back 14 and the s&p 500 lost 6 points. the cruise ship accident in italy has led to a sell-off of that company's stock. the carnival corporation saw its stock price drop 16% in london on monday. the loss slashed their value by more than half a billion dollars. the ship is insured but without the boat in operation, carnival expects to lose $90 million in business. could taxes be going up for the rich in maryland? "the washington examiner" reports governor martin

o'malley and the general assembly are feeling pressure to hike tax on the rich as part of a way to close a budget gap of a billion dollars for the fourth straight year. union members are urging maryland lawmakers to reinstate the o so-called millionaire's tax. it is a surcharge that o'malley initiated in 2008 on the state's wealthiest residents. that extra tax raised income tax rates by 14% on residents who made more than a million dollars a year but it went away in 2010. maryland has the highest share of millionaires in the nation. more than 7% of households, some republicans and economists say after it is implemented, the number of millionaires filing tax returns plunged leading to the conclusion that they moved out of state. we're going to see this argument in a lot of states. we're already seeing it right now. we'll have to see what happened in maryland. >> we saw how that went with the federal government. it caused a standoff. thanks, jess. gastric bypass versus the gastric banding procedure. which one do you think is better for you? >> a new study weighs in on

which weight loss procedure is the most effective. we'll have more on that plus your weather first when we return in less than two minutes.

>> welcome back to 9news now. coming up on 4:45 this tuesday

morning. serve back to work and school today but you'll need the umbrellas today. >> we're seeing showers and rain going through the area right now. the roads are wet. we're not seeing any snow because it is not cold enough yet. >> big difference. >> so, we're not looking at snow right now. just some rainy conditions. and temperatures actually will be quite mild today compared to yesterday's really chilly day. here is a look at the michael and son weather camera at this hour where we have some raindrops there on the lens. beautiful shot of the capitol. cloudy out there. temperatures right now, yep, as mike was saying, in the 40s. 45. it feels like 39 though. winds are gusty south-southwest at around 14 miles per hour. here's a look at the live doppler 9000 hd. we've got some showers around the beltway. la plata, leonardtown, fredericksburg, all seeing some showers and light rain right now in clinton and manassas, chantilly, all of this will be kind of sticking with us throughout the morning hours.

we see another round of showers coming through. all right, a lot of kids are going back to school today after enjoying the day off from the m.l.k. holiday yesterday. here's your bus stop forecast. cloudy and breezy with some rain. temperatures in the 30s and 40s. our sunrise this morning at 7:24 in the morning. all right. for the rest of today are, we'll see showers and rain mainly in the morning. by noon, they'll be tapering off. temperatures in the lower 50s. it will be breezy throughout the day. by 4:00, i think we'll see some partial clearing, partly sunny conditions. mid to upper 50s. so, temperaturewise, not too bad as you should be in the lower 40s for this time of year. for today, breezy and milder with the wet morning commute very likely. grab the umbrella, breezy and colder for your wednesday. we should be dry. here is a look at our current conditions where temperatures are going to be in the lower 40s right now. 42 in bethesda. 43 in great falls. gaithersburg, 43. columbia, our colder spot at 39

degrees at this hour. here is a look at the satellite radar picture where you can see we've got the showers coming through. another batch right here to the west will be coming through the morning hours as well. along with those breezy conditions. so, for today, expecting temperatures to be in the mid to upper 50s. you see the rain throughout the morning hours. and early afternoon. later tonight, we should be drying out. only a chance for a shower. here is a look at your next seven days. breezy and colder. by wednesday, 40 degrees. thursday and friday, back into the 30s. thursday, chance for maybe a flurry. also the weekend, ho by saturday. light rain and snow possible. but sunday and monday, milder in the 40s and 50s. here's monika with your traffic. good morning. >> good morning, good morning, everybody. the main thing you need to worry about as anny has been saying is the wet road conditions and there is a serious accident happened just after 2:00 this morning on the westbound side of route 50 right here before route 424.

i was on the phone with state police. they tell me that after i-97 by about a mile, you're being diverted through the south river crossover and if you drive that every day, you'll understand what i'm talking about. right in the middle of the roadway there. you'll have police and crews to help you get through there. on the westbound side of route 50. i think it will be awhile before that's cleaned up. keep that in mind for your travel plans. we'll did to the south side of town first and check out the wilson bridge. no problems to report here. both loops of the beltway are doing fine whether you're leaving oxon hill or alexandria. back over to the maps on the north side of town, no problems here on the beltway between 270 and i-95 and college park. 95 from baltimore and 270 out of frederick and a quick look at the beltway at university boulevard and new hampshire avenue. just wet road conditions. coming up in my next report, an update on the accident at 455. >> a legislative push to end the death permit in maryland

has started to gain some grassroots support. >> despite mounting pressure to stop the practice, the general assembly has consistently resisted a repeal. pat warren has more. >> this demonstration outside the state house in annapolis is a preview of what may be more to come as the september execution of georgia death row inmate troy davis fuels the fire of maryland death penalty protestors. his sister, kim, joined this rally. >> we can't continue to kill innocent people. >> davis was executed for murder despite evidence that pointed to another shooter. a situation former maryland death row inmate kurt bloodsworth takes to heart. >> you need hold your head up and never give up. even when it gets rough, you get tough. stop the death permit now. >> reporter: in years past, governor o'malley has marched in protest of the death penalty. testified in support of repeal and accepted a commissions

findings that the death permit should be outlawed in the state but supporters of capital punishment have held their ground. >> i don't even like to call it capital punishment. and i simply don't like -- i simply don't like to call it the death penalty. i like to call it capital justice. >> the general assembly modified the rules to order for cases to qualify for the death penalty. it is not clear yet what role the governor might play in the death penalty debate. reporting from annapolis, i'm pat warren. now, back to you. executions have been suspended in maryland while the state works out procedural requirements for at ministering lethal injections. >> it looks like vitamin d may not help severe respiratory problems. studies have shown as many as 75% of patients with severe, chronic obstructive pulmonary disorder or copd have a vitamin deficiency so they gave patients supplements to see

there would be any benefits. the extra vitamin d did not improve lung function or reduce the attack. copd is one of the top ten leading causes of death in the united states. a new study from the american cancer society shows the chances of dying from melanoma are directly related to the patient's level of education. the study found that melanoma death rate in the united states has declined during the last decade. but the decline was only seen among those with at least 13 years of education. in fact, there were slight increases in the death rate among the least-educated individuals. researchers say the results show less-educated americans need more knowledge and awareness of the disease. when it comes to weight loss surgery, gastric bypass is far more successful than gastric banding. a new study published in the archives of surgery shows nearly half of all patients who chose gast rig banding were still obese after six years. they also had more complications than those who did the gastric bypass.

people who did the bypass, lost more weight and kept it off longer. the risk of death was somewhat greater with the bypass surgery as opposed to the banding procedure. so-called xer games which combiner exercise with video games seem to improve the cognitive ability of older adults. seniors who took part in the exercise two to three times a week for three months improved their focus and decision-making ability compared to seniors who just did regular exercise. time for the question of the morning. >> what is the one thing most men can do in about an hour that usually takes women five times as long? is it a, get a haircut. b, get over an argument with a significant other or c, wash a car? >> or d, most things at my house. log on to facebook.com/wusa9 -- i love my wife. >> sure. >> we'll reveal the answer in the 6:00 hour. >> here a bonus to our facebook question of the day.

mike, if you like us on facebook, you can start posting your guesses to our question on a brand new kindle fire in the 9news now free tablet give away sweepstakes. >> click on the facebook page, facebook.com/wusa9. if you already like us on facebook, just click the give away tab on the left side of the page to enter. you can enter through january 31st and two lucky winners will be selected at random. each will win a kindle fire tablet. you must be at least 18 to enter.

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good morning. time now, 4:55 on your tuesday morning. hey, you'll need the umbrella this morning. no major layers. temperatures in the 30s and 40s. raining right now around the d.c. area. we'll expect the rain to continue this morning. it will taper off in the afternoon. mid-50s by 3:00. partly sunny conditions and will be breezy though as we'll see winds in the south at 10 to 20 miles per hour. here's monika with your traffic. good morning. >> good morning, the big story is the serious accident on route 50 westbound as you leave annapolis into perral toward davisonville. you'll be diverted at the south river crossover. more on that and other area roadways coming up at 5:01. andrea is this. >> thank you, monika. bmw of north america is voluntarily recalling 89,000 mini cooper vehicles a. water pump malfunction in some cars could overheat and spark a fire. the recall affects vehicles from the 2007 through 2011

model years. no accidents or injuries have been reported. airlines in america are ringing in the new year with higher ticket prices. last week, delta airlines raised prices on round trip international flights by $20. most major carriers rushed to max that fare hike. >> just this case you ever had a problem trying to find girl scout cookies, there an app for that. part of the 100th birthday celebration. the girl scouts are launching the girl scout cookie locator app. great, thin mints for everybody. i can't stop eating them as it is! it is free to display the nearest cookie booth location. they go on sale january 20th. >> elizabeth taylor's memorabilia is going on the auction block. >> pretty soon, you'll be able to drive like 0067. edward lawrence has this look at entertainment. >> reporter: julia you won't i

dreyfuss is set to star in the new hbo comedy series v.p. in which she plays the vice of the united states. louie dreyfuss asked some of the men who played the part for real about the experience including al gore. gore says he'll try watching the show because he liked her so much. >> their cars, boats and jet packs with the throáps thrill. 50 iconic vehicles from the james bond movies are going on display for the anniversary of the 007 film, dr. know. a big attraction on this block of hollywood boulevard. elizabeth taylor is proving to be a big star on the auction block. christie's put up 38 pieces from her art collection including a van gogh valued at $11 million. just last month, the star's jewelry, costumes and movie memorabilia raised $156 million for her trust, part of which went to her a.i.d.s. foundation. >> sometimes i feel different. >> new on dvd, twilight's

taylor lautner takes a stab at the leading man role in abduction. lautner played a young man who stumbles upon an image of himself on a missing children's web site and soon discovers his life is not what it seemed. the film also stars lilly collin and alfred molina. that's your eye on entertainment. edward lawrence for cbs news, hollywood. good morning and thank you for watching 9news now at 5:00 a.m. this tuesday morning. i'm andrea roane. >> we're waking up. we hope you are, too. thanks for joining us. here's monika samtani. >> how many cups of coffee have you had? >> i'm on cup three. >> getting there. >> got about two more to go. >> anny hong is in for howard bernstein. slick out there. couldn't figure out what had happened. was it sleet, snow or rain? >> really, right now, we're seeing rain at this hour. the temperatures are relatively mild. we're talking 30s and 40s to start out your tuesday morning. no 20s and teens like yesterday. 24 hours ago. you want your umbrellas as you're geg