chairman of the commission on presidential debates who says crowley is not bound by any agreements reached between the two campaigns. tara mergener, cbs news, washington. >> mitt romney won the toss so he will receive the first question of the w -- of the evening. >> wusa9 is the place to be for the coverage. join us for the debate. you can also watch it online at wusa9.com. stick around at 11:00 as we talk to the "u.s.a. today" fact checkers about who was telling the truth and who was exaggerating. the deadline to vote in virginia has come and gone. if you live in maryland, the deadline to register is today. and in the district, the mail- in registration deadline has already passed but you can register in person at the election board's headquarters. you have until friday, the 19th to register in person in d.c. for more information on voter registration, go to our website wusa9.com. look under our campaign 2012

tab. secretary of state hillary clinton is taking responsibility for the attacks in benghazi, libya. it killed the u.s. ambassador and three other americans. during a trip to lima, peru, secretary clinton told reporters it was her job and not the white house to ensure security of all of america's diplomatic missions. republicans have criticized president obama for his handling of the attack. secretary clinton says the state department did everything it could to keep the americans safe. the justice department is trying to get the fast and furious lawsuit dismissed by the house. the lawsuit demands that attorney general eric holder produce records about the botched law enforcement operations. president barack obama has invoked executive privilege in this matter. the attorney general has refused to turn over documents which some believe explain what led the justice department to reof course course after initially denying that federal agents had use the a controversial tactic. it's called gun walking in the failed law enforcement operation.

in a court filing the department said the constitution does not permit the courts to resolve political disputes between the executive branch and the house committee which is seeking the records. senator arlen specter will be laid to rest today. the former pennsylvania senator died sunday of nonhodgkins lymphoma. the 82-year-old specter was a moderate senator who was often at odds with the republican leadership. he played a key role in the spring court confirmation hearings scuttling robert bourque's nomination and aggressively questioning anita hill during clarence thomas' hearing. joe biden will attend today's hearing. president obama has ordered u.s. flags to fly at half staff today at the white house and other public buildings. two virginia hikers feared missing in glacier national park are expected to fly back home today. jason hiser of richmond and neal peckens of herndon were reported missing friday but were found monday afternoon and both men are doing well. peckens' father said he cried

when he heard the guys were okay. federal health officials say the deadly fungal meningitis outbreak could get a lot better. yesterday they revealed two more drugs from a specialty pharmacy that may have been tainted. the new england compounding center is the maker of the specialty mixed medicines in question. these are steroid injections used for back pain that have sickened 214 people. 15 have died. yesterday a possible meningitis case was reported in someone who received a different steroid shot made by the same pharmacy. its drugs are used in heart and eye operations are also under scrutiny. the trial of two veteran police officers seen in the caught on tape beating of a university of maryland student after a duke basketball game in 2010 resumes today. prince george's county officers reginald baker and james harrison are accused of assault and misconduct. >> their defense lawyers say it was the student john mckenna who was the threat. scott broom brings us up to

date in upper marlboro. >> reporter: the videotape in this case is the key evidence and the jury saw it within two minutes of the start of the trial. university of maryland student john mckenna slammed against a concrete wall on knox road in college park by riot police. then beatenned with batons. testifying in court today, he doesn't remember the incident. the prosecutor today called all this an abuse of power and a violation of trust, but lawyers for the police officers said mckenna was targeted under a zero tolerance order that night against anyone leading what they called a riot. >> he wasn't leading it whatsoever. >> reporter: outside court a witness nathan cole said he took his own cell phone video of the incident and remained stunned more than two years later. >> i loz lost days of sleep over it. it really bothered me. >> reporter: he said mckenna was fist pumping and skipping on the sidewalk in a goofy display of celebration.

and on a cell phone video he took, jurors heard mckenna singing of all things the notre dame fight song. >> even though they tried to doing fists, any reasonable person could tell it's ridiculous. >> reporter: the defense lawyer called him yippee skippy arguing that the student approached police horses with clenched fists. friends say the video shows mckenna as, quote, an aggressive agitator who is charging a police line in the midst of a riot. many of the blows were thrown to force mckenna to show his hands. despite all the celebrating going on in the streets, a friend of mckenna's testified they had no idea that police were out there until they literally ran into them. in upper marlboro, scott broom, 9news now. a gallaudet university administrator at the heart of the debate over same-sex marriage plans to speak out

today. angela mccaskill was placed on leave after signing the petition to for the same-sex marriage issue. here is a look at some other things making news at 4:36. the pakistani girl who was shot for tang up to the taliban is being treated -- standing up to the taliban is being treated at a london hospital. a crew wheeled the 14-year-old into britain's queen elizabeth hospital a week after she was attacked. the teen will see the same doctors who treated british soldiers injured fighting the taliban. >> we are receiving -- [indiscernible] -- for the last ten years. we do unfortunately have extensive experience dealing with this traumatic injury.

>> malala yousafzai stood up for girl's education. she was on her school bus last week when a taliban gunman shot her in the head at point blank range. the taliban has vowed to attack her again if she recovers. the italian captain accused of running a cruise ship into a reef causing it to capsize and abandoning the ship went before a judge on monday. more than a thousands survivors, families and their lawyers attended. his preliminary hearing he was accused of causing the ship to capsize and abandoning ship. he's also accused of manslaughter. 32 passengers and crew members died a. report places most of the blame on him and part of it on the ship's owner. american-based carnival corporation is the parent company. victims' lawyers say carnival is the true culprit. >> the standards that were set by carnival in the united  states are completely inadequate, and that the real changes that need to be made

are to be made in these standards in the united states. >> if the judge orders a trial, it probably won't begin before next year. our time right now is 4:38. we're in for a nice stretch of weather. slightly cooler today but still very nice. howard is back in two minutes with a look at what else you should expect. >> at 4:41, a security breach at a popular local bank could leave thousands vulnerable to identity theft. >> also at 4:41, another major national retailer announces plans to hire thousands of holiday workers. >> we're back in two minutes with your weather first. thank you for watching 9news now.

4:40 on this tuesday morning a. chill in the air. nothing terribly cold but you'll need a jacket.

we have 40s and 50s. we stay school. 60 degrees for lunch. high today 66. 6:00 p.m. we're back down to 62. back in a few with the seven- day. right now upon came with timesaver traffic. >> thank you so much. here's 270 on the southbound side at route 109. traffic still moving well. northbound, though, want to watch out for the construction between 109 and route 80 where the left lane has been closed overnight. i'll be back with more coming up in a few minutes at 4:47. time right now 4:41. i am watching your money. it's a pleasure to do it on wall street today. stocks rallied on the news that americans were in a buying mood the last couple of months. the commerce department says retail sales rose by 1.1% in september. that saw a 1.2% gain the previous month. consumers spent the most at electronic stores. the release of the iphone 5 definitely helped to push up stocks. checking the numbers, the dow climbed 94 points. it starts today at 13,424.

nasdaq was up by 20 and the s&p 500 was better by 11 points. customers of td bank may want to keep a closer eye on their accounts. the financial institution says more than 260,000 of them may have been affected by a data breach. the bank says it misplaced backup tapes which contain customers' names, addresses, social security and account numbers. td bank says it has not received any reports of customer information being compromised so far. an online retailer amazon boy com is looking to hire 50,000 seasonal workers at order fulfillment centers across the country. thousands of those it hires are expected to stay on full-time. amazon's announcement is part of a seasonal hiring boom. macy's, wal-mart and toys 'r' us all plan to hire tense of thousands of holiday workers this year. expectations are shoppers are going to be out in force. they are staffing up to handle it. >> amazing when you consider

all we're hearing about is the bad economy and how-- >> we're at least seeing it in the retail center. >> manufacturing is still the key. an effort is on the way to ban those who like to sag their pants. >> we'll have that story and your weather first when we return. i don't spend money

on gasoline. i am probably going to the gas station about once a month. last time i was at a gas station was about...i would say... two months ago. i very rarely put gas in my chevy volt. i go to the gas station such a small amount that i forget how to put gas in my car. [ male announcer ] and it's not just these owners giving the volt high praise. volt received the j.d. power and associates appeal award two years in a row. ♪

good morning. welcome back to 9news now. 4:45 on this tuesday morning. it is 54 degrees. so a little cooler than yesterday morning. >> and a lot less humid. yesterday we got to 72. today we'll stop in the 60s. you'll need a jacket but you'll also need the sunglasses. it's going to be a good day. looks like it will abnice stretch for a -- to be a nice stretch for a couple of days. clear to partly cloudy. a little chilly. we've got some 40s out there and some 50s. sunrise not until 7:19.

i'll tell you again daylight saving time comes to an end november 4, the weekend of the 3rd and 4th. day planner sunshine 8:00, 526789 we'll lose a little bit more for a few more hours. by noon we're back to 60. northwest winds at 10 miles an hour. so it will be chilly this afternoon or at least cool with a high about 66. 4:00 64 and we're back in the upper 50s by 8:00 going into the 40s tonight, maybe even a couple of upper 30s. but at least the winds tonight should be much, much lighter. had some heavy downpours in spots yesterday. some areas got very little. it was sort of kind of hit and miss. this morning all the rains are gone. a couple of clouds hanging out just north and west of town. baltimore is 50. easton 53. we have 48 in winchester and gaithersburg. fredricksburg 49 this morning. and it is a cool morning. even our weather watchers from bowie to prince frederick, 51, 52 in those areas this morning. even miersville had a report of 49 degrees. on our michael & son weather camera, good visibility.

flags sticking up just a little bit. we have the winds up a little. west at 5 at national. other areas northwest have been 10 to 12. partly cloudy skies. humidity 66%. our weather headlines, looking nice today and tomorrow. maybe a few more clouds tomorrow. there will be a threat of a shower thursday afternoon. probably later afternoon. and again on friday. but looks like a dry, cool weekend. so if you haven't been to the pull opinion patch -- pumpkin patch yet, could be a good weekend for do that with the little ones or the big ones if you refer. showers are a-- if you prefer. the showers are behind us across eastern maine. we have showers in northern wisconsin but that system is headed east. looks like we'll not see much around here till a front gets closer late thursday into friday. our futurecast is all quiet. a few clouds in the mountains this morning. and into the afternoon just with the flow coming across the ridgetops. otherwise we're going to stay

quiet. 6:00 mostly sunny. a quiet night tonight with the lighter winds. temperatures upper 30s to upper 40s. on wednesday we'll have a few more clouds mixing in so we'll call a mix of sun and clouds but not a bad day at all with a high around 70. then thursday, we're quiet in the morning. look what happened by the afternoon. could have showers coming toward the i-81 corridor. as far as our forecast, today temperatures 66. we've got green across the board for the weather. tonight down to the 40s in town with upper 30s north and west. 70 tomorrow. that mix of sun and clouds. by thursday a chance of an afternoon shower, mild, 72. friday may see a shower, 70. and then the weekend looks good. 64 saturday and 70 on sunday. it is 4:48. monika, it's got to be pretty quiet. >> pretty quiet right now. all the construction from overnight is beginning to clear up. there is one construction spot i still want you to know about southbound on 95.

basically as you head into fredricksburg from route 17 down to route 3 where you want to stay right to get around that. northbound side as you can see traffic still moving well through woodbridge and spring field. we'll take a live look there right now on the northbound side and volumes are really light leaving route 644 pretty much it looks like this all the way to the 14th street bridge right now. let's go back over to the maps this time out west coming in from dulles airport or 66 from manassas all the way into fairfax. no issues to report. the beltway is now clear as you travel between annandale, tysons and the american legion bridge. we'll take a live look there right now. if you're heading north on the inner loop as well, traffic is moving very smoothly. i'll be back with more traffic at 4:55. turning our attention to health news, researchers at the university of michigan say it's not all about calories and exercise when it comes to fighting obesity. the study found some people's brains could be causing them to be fat. scientists say some people's brains don't respond to a hormone called help continue

which regulates -- leptin which regulates appetite. it causes them to keep eating and keep gaining weight. the discovery to lead to targeted treatments for obesity. a study in the british medical journal says secondhand home contains glutens higher than normal. it's likely to affect the health of children who breathe them. pollutant levels remain hyena when the windows are open and air conditioner is on. researchers in france estimate almost 170 million years of healthy life were lost to cancer in 2008. they analyzed global cancer statistics, life expectancy numbers and the disabling outcomes of cancer, including mastectomy and infertility. do you have dry eyes? these are not the kind that eye drops can actually take care of but an uncomfortable chronic condition which interferes with your life? >> if so, there's a new

treatment using heat which could help. anita brikman has more. >> when your eyes get very dry, you start to get very tired. you can't -- you don't want to keep your eyes open. >> reporter: beth at potomac has had dry eyes for as long as she can remember. not only do they burn and itch at times, but she gets headaches and unrerecenting fatigue-- >> relenting fatigue. >> i get very drowsy. >> reporter: dry eyes affect more than 20 million people in the u.s. and nearly 40% of those people experience symptoms on a regular basis. >> one of the biggest culprits is hormonal changes. this is a very, very common problem in females over 40. >> reporter: dr. alan glazier of rockville has a new treatment that promises to combat the symptoms without medication or constant use of eye drops. >> it's a procedure that helps people who have evaporative dry eye. >> reporter: 85% of dry eye is the evaporative type which grands in the eyelids have trouble producing the oils that control your tears. the glands can become clogged

over the years. >> the scientists who invented lipiflow determined the exact temperature they needed to warm the eyelids to to melt the clogged glands. >> reporter: after an initial examination, have glizzier uses these -- glazier uses these clamps to control heat. next they massage the gland to stimulate oil production. what did it feel like? >> it was actually very soothing. >> this is a total paradigm shift in the treatment of dry eye. there's never been anything like it for this particular problem which is a major cause of dry eye. >> reporter: feeling the full benefits it take two to four weeks. it took about three weeks for beth to feel lasting relief. in general what is the feeling of your eyes now? >> my moist -- more moist. just not feeling like they're dry and tired. i'm not aware of my eyes as much as i was before. >> reporter: anita brikman, 9news now. >> the treatment lasts about 12 minutes and patients follow up

after a month. because it's so new, lipiflow is not covered by insurance and the procedure costs about $1700. it is 4:53. time for the question of the morning. >> and it is people who do this at least three times a week tend to make more money. is it a, work out, b, eat with coworkers, c, read a newspaper. i'm going to throw in d, watch 9news now. >> log on to the wusa9 facebook fan page. leave your response. we'll reveal the answer during our 6:00 hour. we'll be right back.

welcome back. 4:55. your weather first on this tuesday morning. we've got a little bit after cool start. we've got a few 40s out there but a sunny day. a little breezy at times this morning. winds northwest at 10 miles an hour with temperatures -- no,

not 70 at 9:00. i have to fix that one. we'll have highs today in the mid-60s. 9:00 temp will be closer to 53 degrees. you will not see that graphic again like that. monika? if you're planning to head over on the north side of town, here's what it looks like at shady grove road and mid county highway. no issues here. nice and quiet as you leave gaithersburg down to the point where the lanes divide. i'm be back with more traffic coming up at 5:01. >> thank you, monika. ricky gervais is out, enter the ladies. the golden globe ladies will be hosted by amy polar. polar. the golden globes airs january 13 from the beverly hilton in los angeles. >> kind of excited about this. rolling stones going back on tour. the legendary british rock band

announced plans for four concerts later this year. this will be a high priced ticket. two will be in london. the other two will be in newark, new jersey. this is the first time the stones have performed in five years. their last world tour earned more than $500 million between 2005 and 2007. some places have banned saggy pants. other places such as schools fine students when they sag their pants. but has anyone ever thought to just give young men with saggy pants a belt? >> one group in prince george's county is taking up a collection to do just that. it has some wondering if this is going to work. debra has the story which inspires a lot of opinion and even a couple of songs. ♪ >> reporter: they're saggy, baggie, their underwear is hanging out but still the street smart style hangs on.

>> turn around. you're not welcome here. pull your pants up. >> reporter: gerard doesn't mince words. he's the head of the take charge foundation and creator of the pull them up belt drive now on in prince george's county. you may question whether a simple belt is the answer. >> i'm going to throw it away. >> reporter: this former pro basketball player says the style is standing in the way you. >> can't get a job. image is everything. kids will not get jobs. we know how tough it is in our communities to get a job. >> reporter: or even a girl. >> very unprofessional and unnecessary. you want to go out with a guy like that? >> no. >> i prefer a belt. >> parents and adults have to become influencers. we have allowed the rap game to influence us. >> reporter: when you pin the influence parents have against the influence celebrities like jay-z may v it's tough to compete. from little wayne to 50 cent to nellie, they have their pants

down low. while songs haven't helped pull up pants, maybe the belt drive will. >> they need to pull the pants up. i don't wear my pants down low like that. >> if you'd like to donate, we have a list of locations on our website wusa9.com. they're hoping to collect 500 belts by november 1. >> they can't even run, barely walk. >> it's a look. >> it's a look. it should be over with by now. good morning. thank you for watching 9news now at 5:00 a.m. i'm andrea roane. >> i'm jessica doyle. i added a jacket so i will coordinate this morning. i'm in for mike hydeck. monika samtani, the tiger lady. >>it's all about the animal print tuesday. >> she's watching traffic. howard bernstein, odd man out. >> in so many ways the odd man out. good news. we have sunshine returning today after yesterday's showers. some saw some heavy ones as well. but we're looking good here e