at 14 he was ten tensed to life in prison without possibility of parole. a sentence his lawyers and psychology experts argue violates the ban on crucial and unusual punishment because a 14- year-old's brain is not fully developed and he's not able to think like an adult. >> then the question becomes do we hold someone fully accountable when they themselves are not fully developed to their potential yet. they should be held responsible. the question is how and to what degree we hold them responsible? >> reporter: coal cannon owes daughter has an answer. >> it's something we have to live with for the rest of our lives. my dad was a father to three, a son and two daughters. he had six grandchildren that he will never meet, that he never got the chance to meet. justice needs to be done and his sentence needs to remain life without parole. >> reporter: garygary

nurenberg, 9news now. >> the justices have never issued a ruling concerning underage defenders and life in prison. a maryland house committee has approved an income tax hike for single people making more than $100,000 per year or couples making more than $150,000. the vote reverses an action taken by the senate last friday. this plan is closer to the one governor martin o'malley proposed back in january. the changes are part of a larger effort to close a $1.1 billion budget gap in maryland. d.c.'s inspector general says the city's water and sewer authority intentionally misled the epa about how it tested for led in drinking water. between 2001 and 2003, the district saw a spike in led levels blaming a new chemical used during the treatment process. levels eventually went back down after the city changed that. but the inspector general's report says wasa actually stopped testing in parts of the city where high levels may have been in order to meet epa

goals. it is republican primary day in ili. a recent poll has mitt romney with a 14-point lead over rick santorum. >> santorum says if he can pull off an upset, he'll win the nomination. susan mcginnis has more. >> reporter: rick santorum is defending comments he made in illinois yesterday. >> we need a candidate who is going to abfighter for freedom, woz' going to get up and make that the central theme in this race because it is the central theme is in this race. i don't care what the unemployment rate is going to be. doesn't matter to him. >> reporter: the former pennsylvania senator said he would like a do over and try to explain what he meant. >> of course i care. what i'm saying my candidacy doesn't hinge on whether the unemployment rate goes up and down. our can dose is about something that transcends that. it's about freedom. >> reporter: mitt romney tried to capitalize on santorum's flub at a rally in peoria. he stressed the economy is his

top priority. >> one of the people who is also running for the republican nomination said he doesn't care about the unemployment rate. that doesn't bother him. i do care about the unemployment rate. it does bother me. i want to get people back to work. >> reporter: the latest poll shows romney with a 14-point lead over santorum heading into today's illinois primary and romney is showing confidence in a win. >> together we're going to get this job done. i'm going to get the nomination. we're going to defeat barack obama and take back this great country. >> reporter: romney has an advantage even before the polls open. santorum didn't file the necessary paperwork in four districts making him ineligible for ten of illinois's 54 delegates at stake today. that could help romney extend his lead as he tries to clinch the nomination before the convention in august. susan mcginnis, cbs news, washington. today the top u.s. command near afghanistan is scheduled to testify before the senate armed services committee. he will address the deaths of afghan civilians and burning of

qurans at a u.s. base in afghanistan. the general is expected to tell congress the u.s. should stick with its strategy and not speed up its withdrawal despite recent events. general allen will also tell lawmakers the coalition and its afghan allies have made sustainable progress against the insurgency. he's scheduled to deliver similar testimony before the senate on thursday. the u.s. soldier accused of killing 16 afghan civilians could be formally charged as soon as this week. staff sergeant robert bales met with his lawyer yesterday and will continue discussions the next few days. >> the lawyer says the soldier wasn't drunk the night of the shooting spree and doesn't remember the massacre. randall pinkston has more. >> reporter: moving trucks hauled away the contents of staff sergeant bales' washington state home, a week after his wife and two young children moved out. they now live on a military base. bales' new home is in fort

leavenworth, kansas where he's being held. he met with his attorney for the first time monday. his lawyer says bal d.s.s. not tell him what happened -- bales did not tell him what happened. >> he has an early memory of that evening and later memory of that evening but no memory of in between. >> reporter: we're also learning more about bales' previous legal troubles. he was accused of soughting a girlfriend in 2002 and had to take an anger management course. he was scripted for a hit and -- cited for a hit and run accident in 2009 and he was accused of fraud. bales was required to repay more than $1 million but never did. the shooting further strained already tense relations between the obama administration and the afghan government. on monday the white house again denounced the attack. >> the killing of these innocent afghan civilians was a trackic and terrible event and

it did not represent what our military stands for. >> reporter: bales' wife says she cannot shed any light on what happened. she said what has been reported is completely out of character of the man i know and admire. the victims and their families are all in my prayers as is my husband who i love very much. randall pinkston, cbs news, the white house. >> 4:36. here's a look at some of the other stories making news now. the terror alert in its france is at its highest level after a rabbi and three children were gunned down in front of a jewish school in toulouse yesterday. security is very tight at both jewish and muslim buildings as a precaution. a federal investigation has been launched into the federal shooting of an unarmed black teenager in florida. 17-year-old trayvon martin was shot and killed by 28-year-old george zimmerman. zimmerman claims he shot in self-defense after he says he responded to reports after suspicious black man walking around his neighborhood. but his actions went against the advice of a police

dispatcher who told him to wait for officers to arrive. martin who was unarmed was returning home after buying candy for his brother. the national cherry blossom festival begins today and the blooms are already peaking because of the unusually warm spring. >> this is what it looked like down along the tidal basin yesterday. you can understand why there were crowds of people this weekend. the national cherry blossom festival runs through april 27. this year marks the 100th anniversary of the city of tokyo giving the city 3,000 trees. coming up in the next hour, we'll celebrate the start of the national cherry blossom festival with live reports from the tidal basin. it is now 4:37. at 4:40, the world's largest delivery company is about to get a little big gler health experts suggest eating a colorful diet will increase your chances of surviving cancer. coming up at 4:50, we'll show you what that means. we're back with your weather first when we return in two minutes. you're watching 9news now.

4:40 on this tuesday morning. we've had some showers and storms overnight, mainly north of washington. have some right now. we'll show you them in just a few minutes. this morning we're be mostly cloudy early. 67 by noon. this afternoon can't rule out an isolated shower or storm with high temperatures back up to about 74, 75. again doppler, the seven-day in a few. monika with time saver traffic. here's a look at 270 at route 121 southbound coming out of frederick you're doing fine. northbound a bit of construction left over before route 80 in urbana in the left lane. in my next report, a closer look at maryland roads.

back to you. time for the first your money segment this morning. jessica doyle is still on assignment. a rally in the tech companies yesterday. shares of apple rose about 2% closing above $600 a share for the first time. this is after they announced plans to reward stockholders with a dividend for the first time since 1995. apple has been sitting on $98 billion in cash as demand for the iphone and ipad boost earnings. the company will finally share some of that money with stockholders paying a dividend of $2.65 a share beginning in july. it will also buy back of the 10 billion shares of its own stock over the next three years. apple stock is up about 40% so far this year making it the most valuable company in the nation. looking at the numbers on wall street, the dow edged up 6 and a half points. nasdaq picked up 23. the world's largest delivery

company just got bigger. ups is buying tnt. no matter who you are or how heal thy you claim to be, a recent study suggests we eat more calories than we think. your weather first in two minutes. keep it here.

good morning. welcome back to 9news now. it's like on those old clips of romper room where the little person has a hat and you put on the clothes. i always think about that when you do your commercial and you say you need to know what to

wear today. >> the rain gear in spots. probably don't need it everywhere but we've had some hefty showers and storms overnight. the other thing you need to know, the fog. it's very humid. you might need extra hair spray as well if that's a concern of yours this morning. let's start with the bus stop forecast. we have a few showers out there. patchy dense fog especially south and east of town and off in the mountains. otherwise you just have clouds. temps from the low 50s to the low 60s. so way above average. sunrise at 7:116789 let's talk about the -- 7:11. let's talk about the day planner. we started with clouds and fog and sunshine. i think that will be the case with also the threat for the afternoon shower or thunderstorm returning as temperatures get back into the 70s. highs about 74, 75. even tonight you're going to be out this evening, not bad, east winds at 4 with an 8:00 p.m. temperature of 68 degrees. showers and storms from frederick county into northern montgomery county. this is down toward prince george's county near lanham and

anne arundel. baltimore seeing the lighters showers. on doppler 9hd, want to show you what's happening with the heavier cell coming across 70 as it approaches new market. they extend to mt. airy. damascus this is south of you going out 6 50 headed towards laytonsville and olney as well. right along route 5 come annapolis, annapolis is dry but points west, you're going to run into some wet weather. mild out there. easton in the mid-50s. miss something data from the weather service in a moment. hopefully we'll get it back by 5:00 a.m. richmond 57. had reports earlier of the fog in warrenton quarter to half mile. so we know there's some patchy dense fog here. we've seen it in martinsburg also a quarter mile. in and around the winchester area where we've had the rain. south and east from leonardtown, prince frederick reporting a quarter mile there. cambridge half-mile visibility. this goes down to the pax river

naval air station where they're also reporting a quarter mile visibility. in washington on our michael & son weather cam remark not too bad with the visibilities with 63 degrees and cloudy skies. an east, northeast wind at 6. look at the dew point. up to 59. getting kind of muggy out there this morning. the heavy showers and storms, you see it over the dallas metroplex. they've had over five inches of rain yesterday. the rains continue this morning extending into a severe thunderstorm watch in parts of southeast texas. the rain goes all the way up to missouri and iowa. around here the cluster of storms we've been watching across northern maryland, the maryland-pennsylvania border during the overnight. we're going to continue to watch that move south and east. by noon we should be partly sunny. this afternoon can't rule out the isolated storm popping up. then tonight with the marine air coming back, we could have a shower but also see more fog returning like we have the last few nights. kind of like los angeles lately with the marine layer coming in and bringing the low clouds and

fog. 74 today. some sun. chance of that afternoon storm. tonight we'll be back in the 50s. mid-70s tomorrow. afternoon storm. thursday and friday look pretty good, upper 70s to around 80. unsettled this weekend. temperatures cooling down into the 60s with showers and storms. it's 4:48. here's monika santami. >> thank you so much. good morning, everybody. a bit wet outside but otherwise i think we're pretty much good to go. you just have the construction which is clearing up at this point on the west side of town. dulles toll road on the beltway between 66 and springfield and the inner loop at i-95 interchange as well. i think within the next few minutes that all should be gone. in maryland here's what it looks like on the bw parkway and route 50 inside the beltway. looking great through cheverly into the northeast corridor. no problems to report right now. north side of town, here's what it looks like at colesville road. you can see a few people out but really nothing to worry about between the 95 interchange and silver spring. all the northern corridors look fine as well heading southbound to 495. we'll go back over to the maps,

this time to southern maryland. route 4, route 5, route 301, everything is fine brandywine, accokeek. we'll take a live look at route 4 at andrews air force base. no problems to the wilson bridge. in my next report, virginia roads at 4:55. >> thank you, monika. people who experience a sudden drop in blood pressure may be at increased risk for heart failure. ortho static how potential occurs when the blood pressure falls rapidly as a person moves if lying down to standing. a new study from the university of north carolina at chapel hill found people with this type of low blood pressure were more than one and a half times likely to develop heart failure than those without pressure issues. attention deficit hyperactivity disorder, the rates are on the rise. a new northwestern medicine study shows the number of children leaving the doctor's office with an adhd diagnosis has jumped 66% in the last decade in the united states. health experts say increased awareness is helping doctors

recognize the symptoms to diagnosis the disorder. drugs used to lower cholesterol may also prevent knew money would. researchers from the united states and israel looked at data on more than 17,000 men and women. they found people who received a cholesterol lowering medication known as a staten had less pneumonia than the people who didn't take the drug. battling cancer is tough enough. it's even harder if your body isn't in peak nutritional shape. >> anitaanita brikman has more. >> reporter: registered die tietion daniel is with the cancer treatment centers of america. she says many of her patients walk in unaware that their intake of key nutrients is lacking. >> the biggest problem that we see is pre-existing when they come to our center. that's something most people think about. >> reporter: blood work shows

many patients are vitamin d deficient and need supplements. overall good nutrition is essential to give the body fuel to repair itself after toxic grueling treatments like surgery, chemotherapy and radiation. >> we really want to focus on what is going to have this antioxidant properties, there are compounds found in plant- based foods, your fruits and vegetables. whole grains, plant-based foods is our focus when we're talking about overall prevention and cancer care. >> reporter: including an emphasis on beans and la giewms, healthy oil and avoidance of read and -- red and pro sesd meats. taste changes, severe nausea and mouth sores with cancer treatment. the integrated approach here means there are several specialists helping patients cope with all of that as well. >> the physicians of course are going to have medications but we also have natural doctors

and dieticians like myself. we focus on the foods, whole foods that can help them work on like ginger teas. >> again the best way -- the best nutritional way to fight cancer is with the colorful plant-based diet. we have recommended recipes created by nutritionists on the health page of our website wusa9.com. believe it or not, most of us tend to eat all day long. we try to convince ourselves it's okay, it's just a snack. >> a 2010 study from the university of north carolina found that all our snacking can add up to as much as an extra 600 calories every day. the study also added that most of us don't think about these calories when we think we remember what we had to eat. >> since we never stop snacking, we figured we could offer you some localery snacking alternatives -- low calorie snacking alternatives. >> six corn tortillas with

salsa or 25 pistachio nights or a cup of pineapple chunks with shredded coconut. these are snacks under 100 calories. >> when you want a ham burger it just doesn't cut it. 4:53. >> time now for the question of the morning. >> the average person will drive past ten of these every day. is it a, cows, b, garbage cans, or c, mcdonald's restaurants? >> log on to -- the french fries i cannot get out of my head. go to our facebook fan page and leave your answer and we'll have the answer in our 6:00 hour. we'll be right back.

weather first. we start out with clouds and some fog. sunshine at times today as well. temperatures will climb from the low to mid-70s with the possibility of a shower or thundershower. monika santami has a look at some wet roads. not too bad. people are keeping their speed limits down on the northbound side of 395 and light volume as well leaving the beltway past duke street and up to the 14th street bridge. traffic is moving well on the main and hov lanes. we'll have more on virginia roadways coming up at 5:01. digital gadgets are making us read more news. more than a quarter of internet connected americans now follow news on mobile devices such as smartphones, tablets and e-

readers. the figures show those users track the news on a much more frequent and consistent basis than any other news consumers. for instance, smartphone and tablet users visit more pages in a given city and return to news sites more often than those using computers. the virginia town hit hardest by last august'seth quake is getting a free concert from alan jackson. the town won the right to hold the show in an online contest. mineral received more than 31,000 votes in the competition. the concert is set for may 20. it will be helped in the parking lot behind the mineral library. a judge declares a mistrial in the desperate house wives trial gz beyonce is set to return to the stage for the first time since having a baby. teresa garcia has this look at entertainment. >> reporter: nicholas sheridan is preparing for another court battle. she claimed she was hit during

an argument on the set in 2008. when she complained he killed off her character. he denied the plans saying he -- den nighted the charges. she sued for $6 million and has struggled ever since leaving the series. her attorney says she hasn't been able to find steady work. beyonce is getting back to work. the grammy winner will perform three concerts in atlantic city over memorial day weekend. it will be the first time the superstar performs on stage since giving birth to her daughter blue ivy in january. tickets go on sale next month. an unusual gig for rock legend neil young. he will appear at the annual publishing excision in new york city this june. he's promomenting his upcoming memoir and it's scheduled to come out this fall [ inaudible ] owen stars as a father who

tries to save his daughter. >> this sort of fear and hor or comes from within as opposed to being a classic things that scare fru the outside. >> reporter: the film opens in limited release on march 30. that's your eye on entertainment. i'm teresa garcia, cbs news, hollywood. good morning. thank you for watching 9news now at 5:00 a.m. i'm andrea roane. i'm mike hydeck. blue ivy, beyonce's back. good morning. nice to see you. here's monika santami. she has traffic. i'm stuck on the blue ivy thing. i don't get it. >> bite your tongue. >> we need the rain gear all day. >> not all day but at times. like this morning, especially east and northeast of d.c., we've got some showers, even rumbles of thunder. i live in upper montgomery and it was rocking and rolling for a while with some of the showers this morning. they're pretty hefty downpours and that will slow you