has not decided yet if he will indeed nominate ambassador rice to be the next secretary of state. more than a week after election day, there is one congressional race which remains undecided. ballots are still being counted in the race for arizona's second district seat held by gabriel giffords. ron barber is neck and neck with margaret mcsally. nancy pelosi will run again for the leadership position. she's expected to run as minority leader unopposed. a prince george's county sheriff's deputy is on temporary administrative duty after he shot and killed a man at a home in east riverdale. >> the shooting happened when the deputy was serving a protective order. >> a deputy sheriff responded to 6312, 63rd avenue in

riverdale, maryland to attempt service on a temporary protective order. >> reporter: the order was meant for a man neighbors identify only as frank. his mom opened the door. >> a male subject appeared from the rear of the house displaying a firearm. >> reporter: that's when the deputy sheriff shot the 39-year- old man. >> i heard the ambulance. >> reporter: frank died at the hospital. >> he had problems with police before. >> reporter: the deputy sheriff wasn't hurt. he's now on temporary administrative duty. the sheriff's office isn't confirming frank's name, not giving out the name at all and say this matter is under investigation. we're in east riverdale, 9news. police have arrested four men for the 2000 shooting of melvin pike. he was found in his car suffering from a gunshot wound.

last week he died of complications related to the shooting. police have ruled the manner of death a homicide. e four men have been charged with first and second-degree murder and a host of other charges. a washington doctor fighting for his right to prescribe drugs had his first hearing yesterday. >> as gary nurenberg tells us, it started with a twist when the judge threw out the testimony from a key government witness. >> reporter: the day began with a silent vigil held by salerian and his supporters held in sib butte of three patients who committed suicide since the government stopped him from writing prescriptions in april. >> this is for the memory of the people who died unnecessarily. >> reporter: the government withheld secretly videotaped photographs. >> i'm not the guy you want to ask about the government. >> reporter: you're not surprised? >> no. >> reporter: should they have provided that video to you?

>> yes. >> reporter: the case is complicated. burglars stole prescription pads from him nearly two years ago and he says forged his name on prescriptions up and down the east coast. the d.c. government is trying to permanently revoke his license to write prescriptions for class two narcotics arguing he prescribes them too frequently. >> it's all about patient care and whether patients who need pain medication get it or not. that's the whole battle. >> reporter: salerian's approach is unorthodox. he argues cutting edge. >> it's like trying a case to a judge who may not have medical knowledge. >> reporter: the presiding officer wouldn't talk to nine now on camera. the assistant attorney general leading the case wouldn't talk either. closing arguments have not yet been scheduled in the case that will determine whether the former chief psychiatrist at the f.b.i. will be allowed to resume writing the pripgs. the case is being --

prescriptions. the case is being closely watched around the country for its possible precedential value. president obama will tour staten island which was the hardest hit borough in the city after hurricane sandy. michael bloomberg had turned him away initially. swallow falls remains closed. the. a total of 11 state parks are closed in the aftermath of sandy. it is 4:34. here's a look at some other things making news. china has a new leader. the state news agency made the

announcement this morning. she is the son of a party elder and has been china's vice president for the past five years. as the head of the communist party, he'll lead the second economic power [ inaudible ] israel says the attack in response to a rocket attack from militants into israel. leaders say the air strikes are the beginning of a much broader operation against hamas. palestinian leaders have asked the united nations to take steps to stop israel's military operation. u.n. observer in the territory says israel is guilty of war crimes against the palestinian people. some california drivers in sacramento witnessed a small plane make an emergency landing right on a highway median yesterday morning. the pilot was testing a new engine when it lost power at

about 3500 feet. the highway remained open although drivers did slow down to take a look at plane. time just about 4:36. grab the coat. we're in for yet another cold day. a popular automaker recalls more than to million vehicles. heading into the holiday season, new reports suggest americans are spending less. 9news returns in two minutes.

4:38. another cold morning. a few spots in the upper 20s. some frost out there as well. another chilly day. some clouds around this morning. we'll be dancing in and out of the clouds this morning or maybe walking in and out of the clouds if you don't like to dance. 48 by noon with a high around 50. back in the upper 40s. at least the winds will be

fairly light northeast at 5. i'll be back in a few with your seven-day forecast. police have arrived at an incident on the inner loop of the beltway after river road. it turned out to just be a disabled vehicle on the right shoulder. as you can see volumes are light here in bethesda. i'll be back with more traffic coming up at 4:55. back to you. 4:39. time for the first your money segment of the morning. >> keep saying we're going to avoid the fiscal cliff but we're skiing downhill fast. >> president obama is saying we're not growing to fall off the fiscal cliff. the president told reporters he's going to work with republicans to prevent automatic spending hikes -- spending cuts and hikes taking effect at the end of the year. families making less than $250,000 a year will stay the same but insists the rich will have to pay more taxes which has been a major sticking point with republicans. investors started selling after the president spoke and that triggered another sell-off. really worried the democrats and republicans won't be able to reach across the aisles and

hit a deal. the dow stands at 12,570. it fell another 185 points in trading yesterday. nasdaq was off by 37. and the s&p 500 was down by 19. millions of people went on strike across europe to protest massive budget cuts. demonstrations were held in more than 20 countries across the continent as anger continues to grow over europe's failing economy. police used tear gas to control the angry crowds. european leaders are trying to balance their budgets on the backs of the working class. they're demanding working leaders stop cutting benefits and begin creating jobs. the strikes shut down schools, factories in several place across the continent. a new government report shows americans are spending a little bit less. retail sales fell three tenths of a percent in october after three straight months of gains. auto sales dropped 1.5%. analysts believe superstorm sandy was a major reason why.

interesting to see what they do this month. toyota is recalling 2.7 million cars. 670,000 of them in the u.s. older prius hybrids if 2003 to 2009 are included in this recall. the automaker says they could have potentially defective steering. about half of the same priuses have water pumps that could cause the cars to stall out there. haven't been any accidents as a result of these problems. major recalls for toyota this year. this is the second multimillion vehicle recall. >> they had the greatest time making a comeback after the tsunami and here we go again. >> an interesting quality question. >> exactly. what you don't usually associate with toyota. >> thanks, jess. >> you got it. a key witness at a congressional hearing on that meningitis outbreak is refusing to answer questions. >> 9news is back with more on that story plus your weather first in two minutes.

good morning. welcome back to 9news now. 4:43. coming up on 4:44.

we were talking about something and howard remarked we're all in agreement which is rare. not really but we're all in agreement it's cold this morning. >> temperatures back in the 20s. a couple of spots. mainly 30s for most of you. i think that's jackets once again at the bus stop. yesterday 49. today maybe 50. >> for a high? >> for the high. >> it was pretty. >> it was beautiful with the sunshine and light winds. that was one of the saving graces the light winds so we don't have these biting windchills to deal w. here's the bus stop forecast. it's mostly cloudy and cold this morning. temperatures, there's some areas in the 40s but you've got to be right by the chesapeake because the bay holds on to a lot of heat so that's still warm. sunrise for the until 6:51. we'll see a mix of clouds and sunshine today. kind of cloudy out there right now but we'll see some breaks for sure. 48 by noon. not much warmer than that. maybe 50 by 2:00 or so. by 4:00 48. we're back to 46 at 8:00 p.m. once again we'll be mainly in the 30s for the overnight lows

with a few spots in the upper 20s. in fact this morning you'll see in northern loudoun county, lovettsville is 28. haymarket, centreville both 35 degrees. ath warmer to the south fort belvoir. same story at andrews and toward upper mar barl -- marlboro 38. cloudy, good visibility with 41 and a slight wind out of the northeast at 6. the windchill currently 37 at reagan national. across the country, we've got some storms we're going to watch come on to the west coast. the west coast between now and tuesday looks like they'll get a couple of storms coming n. they'll get several inches of rain. be messy there. for us weak systems generally coming across the country will try to get going near the coast. but the good news for us looks like when they get going, they'll be going out to sea at the same time. we're watching this one storm system down across georgia and the carolinas with the rain. it's giving us the clouds this

morning and will again give us some clouds throughout the day on and off but it does look like all the rain that's down there is going to be scooting off toward the north and itself east. by lunch time some clouds, especially south of town. we'll see high clouds again and even later this afternoon, this evening those clouds continue to stream over us but any rain may just sneak into southeastern virginia late today and tonight. tomorrow morning we're starting with some clouds, especially east of town but i think it will be a partly to mostly sunny day so a prettier day than today. high temperatures tomorrow into the low 50s. saturday looks like the better day coming up with temperatures potentially into the mid-50s. but there's no major weather systems headed our way. so if you're taking off today headed up to boston, 42. buffalo 46. chicago the clouds and 50. we're looking at some of the showers down from charlotte over toward raleigh, maybe out toward the outer banks as well. temperatures in the low to mid- 50s and in new york today mostly cloudy and 48. so around here our temperatures, yeah, they're going to be on the comfortable

side. we'll -- still cool, upper 40s to low 50s around town. there's easton the warm spot at 53. looking at the forecast the next three days, today 50 'ish with clouds and sun so certainly a chilly day. tonight back in the 30s. partly cloudy sky, lighter winds. tomorrow 54. as we head toward saturday, that probably is the best day of the next seven with a temperature of 56. terps have a home game. they should be in pretty good shape. sunday the skins have a home game. we've been watching the potential for a coastal storm. i think maybe a late shower sunday night or early monday morning but right now i don't think we'll see much more than that. 52 sunday. 55 monday and 57 on tuesday. mainly dry through the period leading up toward thanksgiving eve. monika is in now at 4:47 with timesaver traffic. i have nothing but good news. we're looking great all around

the beltway and the major thoroughfares trying to get there. good morning, everybody. first of all on the north side of town where construction is pretty much cleared up now on the beltway through silver spring both inner and outer loops of the beltway. in issues to report on 95 or 270. let's take a live look there right now southbound side at shady grove road. again just a tiny bit of volume but no big deals as you head down to the point where the lanes divide and river road and the west side of town. let's go back over to the maps this time heading south on the northbound side of i-95. triangle to dumfries into woodbridge and spring field. we'll take a live look there. beginning to see volume but no issues on to 395 and heading up to the 14th street bridge you'll be just fine. i'll be back by -- by 4:55 with more traffic. in january the dulles toll road will get a little more expensive. the toll at the main plaza goes up from $1.50 to $1.7 a. tolls at the ramps will rise from 75 cents to $1. january 2014 the tolls at the

main plaza jump to $2.75. the additional funds will be used for construction of the silver line. and just a reminder the new express lanes open along the beltway in virginia on saturday. the 14 miles of toll lanes stretch from about the dulles toll road down to the springfield mixing bowl. you can learn more how you can pay at wusa9.com. today the senate is going to begin an investigation into that deadly meningitis outbreak. 32 people have been killed, more than 440 have gotten sick. >> yesterday a house committee held a public hearing where they questioned the owner of the new england company implicated in the outbreak. as vinita nair reports, the owner of the new england pounding center said very little. >> reporter: the owner of the company linked to the deadly fungal meningitis outbreak refused to answer questions on capitol hill. >> what explanation can you give the families who have lost their loved ones? >> i respectfully decline to answer based on my rights and

privileges. >> reporter: the company is accused of making contaminated steroid inchecks. the outbreak killed 32 people and sickened more than 400 others in 19 states. one of those victims was retired kentucky judge eddie lovelace whose widow joyce came to the congressional hearing looking for answers. >> we're heartbreaking and devastated. and i am here begging you to do something about the matter. >> reporter: the meningitis outbreak is slowing down with fewer new cases being reported. about 14,000 people are thought to have been exposed. the massachusetts company had a well documented history of problems. nearly a decade ago the food and drug administration wanted to shut it down until it cleaned up its operations. instead the fda deferred to state regulators who allowed it to stay open. >> this outbreak very well might have been prevented. >> reporter: the fda says the agency needs more authority and funding to oversee compounding

pharmacies. >> as it is, our authority over compounding is limited, unclear and uncontested. >> reporter: the new england compounding center is closed and officials are in the process of permanently revoking its license. vinita nair for cbs news, new york. in health news, race plays a role in surviving breast cancer. a new report from the centers for disease control finds black women with breast cancer have a 40% higher risk of dying than white women with the disease. researchers say black women with breast cancer are more likely to be diagnosed with advanced stages of the disease. it says the women do not have the same access to preventive care and higher quality treatment. a team of researchers from around the worlds that discovered a gene which nearly triples the risk of alzheimer's disease. doctors don't know why the gene increases chances of getting it but the finding could one day lead to a test which identifies people at risk for alzheimer's. british researchers are

linking sun exposure during pregnancy to multiple sclerosis. babies born after the summer months had a lower risk of developing the disease. researchers say pregnant mothers get more sunlight during the summer increasing their baby's vitamin d levels. they subject pregnant women -- they suggest pregnant women take vitamin d supplements in they live in areas of little sunlight. just 4% of american men admit to doing this. is it a, asking for the parents' approval to marry their bride, b, getting an annual physical or c, reading instructions or an owner's manual? >> less than 4%. log on to wusa9's facebook fan page and let's hear what you think. a special give away regarding our question of the week. you can get tickets to "les miserables." all you have to do is answer the questions correctly. you'll be entered into a

sweepstakes. every day we'll randomly draw a name. "les miserables" is at the national theater next month. we'll be right back.

welcome back. your weather first. we have a cold morning out there. cloudy now. we'll be seeing clouds around. sometimes mostly cloudy. other times partly sunny here today with temperatures slowly climbing toward the 50-degree mark. thankfully the winds fairly light, northeast at 5 miles an hour. and it looks like we'll be seeing a few more clouds the next couple of days. monika? on the inbound side of i-66 here near route 50, things look good to 123 and the beltway. no issues on the beltway through annandale, tysons corner or bethesda on the west side of town. i'll be back with more. a local library has been honored for its contribution to the community.

loudoun county's parkview high school library media center is one of ten libraries and museums across the country to get the national medal from museum and library service. parkview high is located in sterling, virginia. it received the honor in part for its guitars on the go concert which students can take part in before school. a new exhibit about the civil war opens monday at the library of congress. the show commemorates the 150th anniversary of the war. more than 200 items will be on display, many of them never seen before by the public. they tell the personal stories of the people during the war. channing tatum just got "people" magazine's vote for sexiest man alive. he had quite a year this year. the 32-year-old has starred in 21 jump street and magic mike. he said he was surprised by the honor. first he thought the magazine was actually playing a joke on him. the barny's holiday window display in new york city has been unveiled. they teamed up with disney to

create electric holiday. 25% of the money made from the items sold in the electric holiday collection will be donated to the american red cross disaster relief. keira nightly's movie opens in theaters tomorrow and is already receiving oscar buzz for her performance. >> she opens up about her latest role. alexis christoforous has more. >> reporter: she breeds new life into the classic novel. >> i love him. i am his mistress. >> reporter: this is the third film she has worked on with director joe wright. he also directed her in pride and prejudice and atonement. >> i picked up the phone and he said anna and i said yes. >> this is my happiness. >> reporter: it is a 19th century aristocrat, a wife and mother who has a scandalous affair with a calvary officer. >> this is wrong. >> make no, sir difference. >> you have no right. >> it makes no difference. >> reporter: she got engaged to

british museum james wright last may looks at anna differently than she did when she read the book as a teenager. >> i remember it being a sweeping romance and she was an innocent and victim and everybody else was wrong. i went back to it last summer before we started shooting and went whoa, this is totally different than i remember it. this is much darker. >> a woman without honor. >> reporter: her portrayal of anna shows the character's needy a manipulative side. >> you end up going am i any better than her? do i have a right to judge her and do i understand her? and i did. >> reporter: wright put a new twist on the drama staging most of the action in a theater telling the story as though the characters are in a play. but this modern adaptation remains true of the timeless tale of love and betrayal. alexis christoforous, cbs news, new york. good morning. thank you no watching 9news now at 5:00 a.m.

no betrayal here. we're giving you the facts and the truth. i'm andrea roane. >> you've got that right. i'm mike hydeck. thanks for joining us. hey, monika samtani. she's very amorous of that movie. >> i love her. >> mr. bernstein, how are you, my friend? >> i'm well. it's thursday which means it's almost friday. a lot of people will be traveling. between now and thanksgiving eve, things look good. pretty good. >> good. >> here's a look at our day planner for you on this thursday morning. weather wise we've got temperatures this morning on the chilly side. they're running in the 20s and 30s for the most part. 42, though, in d.c. 48 by noon. we're going to have a mix of clouds and sunshine today. at times it will be overcast. that's why we'll stop at 50 for the high but winds on the light side. look at the clouds streaming up from the carolinas across us. the rain showers down here. they'll stay in north