. >> i was putting forward our best argument as to why he should not be detained until pretrail. we felt strongly he should not be retained. >> reporter: a federal judge denied bond for martinez. he's expected to be indicted next week. a retrial hearing is set in the case for next tuesday. >>> tonight reports that the former virginia man's lacrosse player charged with killing his ex-girlfriend could get a plea deal. he is accused of killing yardley love in her off campus apartment last may. he admitted he fought with her shaking her as her head repeatedly slammed against the wall. >>> the trial of a baltimore city firefighter accused of crashing into another vehicle while driving under the influence of alcohol begins today. the accident left a woman and her 10-year-old son seriously injured. the injuries were so severe they were hospitalized for several weeks. johnson could face up to 60 years if convicted. >>> a developing story involving health care tonight. federal judge in virginia struck down a key provision of obama's administration health care legislation saying the provis

we were given a fair hearing by the committee in the pretrail motions, and i thank the chair and vice chair for that opportunity. if you look at the record what occurred is that some senators agreed that they had difficulties with the aggregation issue, and mr. shift stood up and said, you don't have to decide because you have the authority to do this. you can go ahead and make determinations on individual issues. some senators raised this question, and it was ultimately not granted at that time. instead, we have submitted it to you. i will only submit to you that it makes no sense. honestly rs for the frame -- honestly, for the framers to go through the trouble of establishing a two-thirds vote requirement, but allow the house to simply ag aggregate charges that virtually guarantees that in many cases two-thirds of you will not agree on the reason you're removing a federal judge. that can't possibly be what the framers intended because they were not stupid men. they were very careful and deliberate men and they set up a standard that was exacting. now, the house also says in addition