the race is too close to call. >> and another race is finally decided. i'm kai jackson. and i'm mary bubala. 20 hour after the polls are closed, there's still to winner. challenger bernstein leads jessamy by 1400 votes. mike hellgren is tracking the developments in the tight race. >> record theirly, when you have 100% of the precincts reporting and you get the vote count, it's assumed that's the final, but apparently, that's

not the case for the city state's attorney. the vote ended this morning and 100% reporting and bernstein ahead of jessamy by 1400 votes. >> we don't know the totals yet. >> reporter: no one appeared to realize that not all of the votes were counted. a total of 27 tapes from six districts were left out and missing. >> from her understanding with a conversation from her people, this total approximately 6 to 10,000 votes. that's what she's hearing and again, we're waiting for the information to come from the board of elections and her people are down there >> reporter: jessamy's sports person says that the votes could make a difference, rendering the absentee ballots irrelevant to the out come of the race.

>> reporter: now, the board of elections is in the process of could wanting the -- counting the votes now and we'll get the results in the next few hours. all right, pat, thank you. we'll if continue to watch that. mike mook is at the board of elections -- mike hellgren has more. >> reporter: also, they're counting 2000 absentee ballots. they'll count those tomorrow. and while mr. bernstein isn't declaring victory now, one of his prominent supporters is sounding victorious. >> reporter: greg bernstein was upbeat last night, but he's stayed out of the spotlight today. there are several votes to count today. they could continue to arrive today and tomorrow.

at 10:00 a.m., they'll be counted. >> how long could that process take? >> well, you know, most of the time it's taken in opening them. it could be, maybe three or four house. >> reporter: bernstein is currently a defense attorney in a private practice. he's one of his backers. >> it's monumental when he had no name recognition, he was a white male going after the black female who was in the position for 15 years. >> reporter: he's confident that the absentee ballots will number in his way. >> a number of prosecutors are looking forward to a change in leadership and the new blood from the top. >> reporter: he ran ads against jessamy.

>> people are getting away with murder because of jessamy. >> reporter: public officials like the mayor says who wins won't impact her. >> i'm committed to work with whoever is elected. >> >> reporter: and bernstein has no regrets. >> i had terrific people running a great combine. i would -- a great campaign. i wouldn't do anything different. >> reporter: bernstein hasn't done interviews today. what this could come down to are the missing votes that pat warren was telling you about and the 2000 or so absentee ballots counted here tomorrow. reporting live, i'm mike hellgren. thank you, mike. wjz is in constant contact with the city board of elections as these votes are counted. we'll bring you the updated numbers. it was an anxious other

night. hours ago, kamenetz won the election. he leads bartenfelder 52% to 44%. bartenfelder conceded therace. adam may has more. >> reporter: the tabulation of votes in the democratic primary were slow and finally, late this morning, one declared victory and the other conceded. >> i said i was really relying upon red bull to keep me awake and energized. i have to tell you, the fall campaign still continues. >> reporter: the county councilman declares victory. >> this was a hard fought contest and each side put forward their ideas and goals before the voters and again, the voters have spoken. it's time we've put our differences behind us, i reach

out to everyone in baltimore county to heal the division. once again, i believe we'll be democrats united. >> reporter: the race against bartenfelder was the most expensive in county history and bartenfelder said he would like to thank everyone. i'm part of the campaign we ran that focuses on all citizens. i concede and i wish the citizens well. >> i'm honored to be the democratic nominee for executive. [ cheers and applause ] >> reporter: kamenetz will face ken holt in the election. kamenetz says he has a lot of fund raising to do, the race was expensive. thank you, adam. stay with wjz-13 for complete coverage of campaign 2010. for results and reaction, go to wjz.com.

we'll have more on the important national races coming up at 4:30. there's a shooting at a shopping plaza and the gunman is out there. we'll go to mike perry above it all. >> reporter: some tense moments about an hour and a half ago. it occurred at a marsh shopping center on northern parkway, it's east of lock raven boulevard. the police called here for a shooting that happened in front of a liquor store. they found the windows shot out at the cleaners and a person shot in front of the liquor store. supposedly, a security guard was chasing a gunman across the parking lot right to the intersection of northern parkway and lock raven boulevard where a person of interest has been taken into custody. we're told that a security guard pursuing him has been taken to the hospital.

the details are sketchy and it's not clear if the security guard was shot, but a security guard was taken to the hospital. the police have the person of interest. they're searching the grounds for a gun that they believe was tossed aside. this is affecting not just traffic in the area but mercy high school located to the west of this intersection. they had a soccer game scheduled and they're being asked to suspend that for at least some period of time as the police activity continues here. at this point, it's believed that the police have their person in custody. they still have a significant police presence in the area. we'll continue to gather information here. all right, mike, thank you. breaking news from baltimore county. a stephenson university student

is hospitalized after testing positive for meningitis. anyone who may have been exposed is identified and contacted and treated with antibiotics. a brief scare in howard county. the police put a school on look down. a jogger found a body in columbia. it was not related to the school in any way and no foul lay is suspected in the death. things were back to normal a short time later. bp could seal the blown out well in the gulf this weekend. the gulf well will be sealed and declared dead by sunday. it was five months ago that the explosion set off the biggest disaster in u.s. history. the disaster killed 11 workers and sent 200 million-gallons of oil spewing into the sea. it will be working before the broken well is shutdown. about 50% of the oil that spilled is gone from the water

system. it's the last full week of summer and the weather is keeping track with the calendar. bob has the updated numbers. >> our temperatures in the last hour jumped warmer than normal. it's now 79, it got to 83. that's where we are now. way to the west, about the showers and across the great lakes and that by st. louis. it appears sometime late tomorrow afternoon, we could see a batch of showers crossing the ridge and most of the activity to the north. we could see a thundershower by tomorrow night before things clear out and make way for another dry and beautiful weekend. bob, thank you. let's check on the roads with kristy breslin at wjz traffic control. hi, kristy breslin. well, a busy start on the beltway. we have plenty of delays. that's from harford to providence. not better on the west side.

heavy there from wilkins to security. there's an accident there attracting plenty of attention and as far as accidents go, in woodlawn and windsor mill, in the city, we have a crash there. lock raven and argon and west franklin at south cathedral and east monument at rutfer. also, there on the northside, there's greenspring avenue. this is brought to you by famous daves. try the new boneless wingings. they won't last long at famous daves. nowing back to you. and still ahead on wjz-13 news at 4:00, toy troubles. the popular family restaurant is recalling rings and eyeglasses. >> see the first emotional

reaction from a father. also, what the police found after a bomb threat. and the weekend is in site. ♪ ♪

[ male announcer ] giving up cigarettes can take more than willpower alone. but today's a new day. for many, smoking is a treatable medical condition. so talk to your doctor about prescription treatment options and support. and this time, make it your time. as a career prosecutor i made decisions on facts not politics. in washington, i'm trying to do the same. that's why i voted to crackdown on wall street and protect the bay. and why i voted against the $3 trillion budget, the big bank bailout, and against the health care bill. you see for me it's not about democrats or republicans it's about common sense and doing what's best for our families. maybe that's why i'm ranked one of the most independent members of congress. i'm frank kratovil and i approve this message.

france's biggest tourist attraction is back open today. teens searched the monument and they found no explosives. french officials aren't going to heighten the security mezes. -- measures. warning for parents. officials issued a recall on chuck e cheese toys. with a million light up rings, they're being recalled plastic on the toys can break and exposing the batteries inside. if ingested, they could damage

the stomach lining. the rescuers in chile are still searching to get the miners home for the holidays. >> reporter: the rescuers opened up a newer drill. the news of the drill gave hope to the miners below. one got a ray of hope of a different kind. this is a new baby, her name is hope. she's the baby daughter of this man. he received a video of the newborn from a mile underground. her proud grandmother was sad her son couldn't be at the birth. it could be months before she's in her father's arms. rescuers are using a drill to dig a hole wide enough to haul them out. the men have been trapped for more than 40 days and could be

stuck there until christmas. the miners may never again have to risk their lives to earn a living. more than 1000 job offers are flooding in for the men. well, a decent day on wall street. the dow is up and s&p up and nasdaq up 12. we'll go to new york now where alexis christoforous has the money watch update. >> problems at chase's online banking service are continuing. the site went down three days ago locking 16 million out of their online banking. service is back today, but sporadic, customers can conduct banking by using an atm and a branch office. chase will refund any fees

charged for not being able to pay on-time. >> japan is buying u.s. dollars. it wants to weaken the strong yin at a 15 year high. that's making japanese exsports more expensive. tony hay ward defended his company's safety record. he gave evidence months after he offered few explanations at a hearing in washington. he said that the oil spill shouldn't leave to a universal ban on drilling. twitter is making it easier to make everything easier to view. the changes are aimed at keeping visitors longer. for more, head to cbsmoneywatch.com. >> in new york, i'm alexis christoforous. not exactly another day at

the office for firefighters in oregon. fire crews were called to the rescue of this 1500-pound camel. the camel is a family pet. after hours of careful drilling firefighters are able to free moses. he was tired and otherwise, okay. >> he sounds like a cow. poor guy. >> he's like, get me out of there! all right, coming up at 4:00, by prescription only. the fda's decision on overthe counter cough medicine. i'm alex democrat -- i'm alex demetrick and the bay is going to be cleaned up. and mostly sunny skies, we'll have the forecast. >> and wjz-13 is always on, for the top stories on wjz.com and instant updates, go to wjz.com. ,

- friend: yeah? car owner: and this is what he had in my budget. friend: oh well, the top is down! car owner: the top is gone! friend: yeah, there's lot's of head-room! car owner: tons of head-room! careful! friend: ow! car owner: that's sharp. friend: cheese! car owner: yeah. sorry. carmax spokesperson: settling for less is not smart. what is smart is getting more car for your money at carmax. guaranteed quality used cars can cost a lot less than new cars, so you can get more car for less money by shopping at carmax. now more than ever the smart choice is carmax. the way car buying should be. everyone knows a fee is a tax. you raised some taxes during that period, particularly the property tax as well as a lot of fee increases. as you know, there's a big difference between fees and taxes. but...they're the same. it's a tax. it's a tax. it's a tax. it's a tax. there's a big difference between fees and taxes.

fees and taxes are one in the same. if it comes out of my pocket, it's a tax. now he says it isn't true. we didn't raise taxes. what? still doing the same thing, paying out more money. typical politician. [low audio] what do americans think what's going on in the capital.

we'll have the results of a new poll on a variety of topics and it's the second fastest growing hobby in the country. why many find their calling is watching birds. those stories and more tonight on wjz-13. kaikai have you done gone bird watching. >> no, but my daughter and i have a bird feeder. >> well, i think of the man from gilligan's island. >> well, it's popular and i think it would be fun. >> well, this might tempt me to do it. >> let us know how it is. >> thank you, katie. by sure to watch the cbs evening news with katie couric tonight after eyewitness news at 6:00. bird watching for you, mary? >> >> well, is bob a bird watcher? you're a weather watcher, are

you a bird watcher? >> well, beautiful weather. there's a slight change in the day tomorrow. maybe a rare september thunderstorm. it's pleasant out there. the weather jumped up and the humid is way down. 83 degrees and the dew point at 49. that's extremely comfortable. the newest winds at 8:00. and this should fall later on tonight as the front approaches from the west. 72 in oakland and 82 in cumberland and ocean city, by the water, cooler and a bit of a breeze. 73 and the hot spot, d.c. jumped up. that's warm this time of the year, but the humidity is so low, you don't notice it like in july. the winds will go south west for a while before shifting to the west, northwest. it could get gusty tomorrow night.

a breezy day expected friday. and already, some good activity showers and thunderstorms and even possibilities of strong thunderstorms over the dakotas. and the bulk of that will cross the great lakes. it will trail a front tomorrow afternoon and tomorrow night. that's where we'll see the thunderstorms if they survive across the mountains. we could see an isolated thunderstorm and brief, and gusty by tomorrow. that's into the evening hours and a chance of a little bit of rain. most of it to the north and unfortunately, we need the rain. it will be dry. and for the year, we're not that below normal. but for the last month and with the sun, it's dried out. warm air comes in briefly during the day tomorrow. we'll have nice, mild conditions and a nice breeze, friday, saturday and sunday. let's take you to the tropics.

igor, still a category 4. unfortunately, igor, will weaken. bermuda may be in the gun site sunday nigh and monday morning. there's the path past bermuda and to the east, north east. we have another storm, very rare occurrence and julia, not going to be influencing the land masses. you can see the eye of igor and julia. another one, weaker, tropical storm with winds in the 50s moving across the yucatan, bringing a lot of rain and flooding rains even to central mexico. no influence on the mainlands.

all right, thank you, it's an exciting night on cbs. don't miss the premiere of survivor and then, at 9:00, the special season finale of big brother and that's followed by eyewitness news at 11:00. many still, it's difficult to watch. a video of a 91-year-old woman being attacked and the suspect and the accident that lead to the accident to discover the abuse. and washington, d.c. will have a new mayor, our campaign coverage continues with the results from other important races in the united states. potentially deadly side effects. will the fda decide to ban a popular drug? eyewitness news at 4:00 continues after thisis

it's 4:30. 83 degrees and scattered clouds. thank you for staying with us, i'm denise koch. and i'm vic carter. diet drugs danger. a popular drug had millions in sales and it could now be banned in the u.s.. an fda committee is considering pulling miridia off of the shelves. >> reporter: it was approved in 1997 and concerns about heart risk problems has an advisory panel deciding if the drug should stay on the market. if they don't remove the drug, they'll probably put limitations or warnings on the use of the drug.

>> reporter: a study found in overweight people with problems, miridia raised the risk of heart attack and stroke. it's already banned in europe and earlier this year, the maker advised doctors not to give it to patients with cardiovascular disease. this is a bought loss expert who's advised the manufacture. >> it plays a small, but significant role. we use it when other treatments don't works. >> reporter: many believe it comes with too much risk. the editors wrote, it's difficult to discern the rational to keep it on the market. >> most would agree that a five to eight pound weight loss isn't worth the risk of cardiovascular disease. >> reporter: they could recommend it be left and leave it with stronger warnings.

the fda will take the panels recommendation into consideration in the coming weeks. cbs news, los angeles. the fda usually follows the advice of a panel and it's not required to do so. a big decision in the fight to restrict the sales of cough medicines. kai has the latest. >> reporter: a panel said today that cough medicines should continue to be available over the counter panel was considering the proposal to require a note to buy the medicines containing a certain drug. more and more teens are using the drugs to get high. the fda panel said that making the drug prescriptions only would create too much extra work for doctors and pharmacists. >> okay, thank you. 8000 emergency room visits from

cough syrup abuse were recorded. a push for a bill to help people with health complications from the attacks on the world trade centers. first responderrings responders were on capitol hill. the bill failed in july. another vote is expected next week, it needs a simple majority this week. a man is charged with unknowingly funding the bombing attempt in may. he's accused of funneling money. one of the men has accused been accused of the bombing. it's been a big night for the candidates in other states. our campaign 2010 coverage

continues with joel brown from washington. >> reporter: she's the tea party nominee who beat the odds to win the republican primary and the question is, can she win in november. >> if those same people who fought against me work just as hard for me, we'll win. >> reporter: o'donnell beat out mike castle in the delaware senate primary and she did it despite the republicans who mobilized against her. top republicans called her unelectable and now, they've given the democrats ammunitions to use against her in november. >> they nominated someone they don't believe could be elected dog catcher. >> reporter: she's the latest to win the republican senate primary and democrats are hoping that the views will be a

turn off for more moderate voters in november. by wednesday morning, republican leaders were putting the differences aside and in a washington rally, the key word was unity. >> we cannot, in this moment waste the opportunity by tearing each other down. >> reporter: karl paladino won the nomination in new york and in new hampshire, the candidate for senate narrowly lost. next big test is the general election in six weeks. at stake will be none less than control of congress. and last night, o'donnell thanked sarah palin for her endorsement and the tea party express. and an important local race, votes are still being counted. 22 hours after the polls closed in maryland, the polls are counting for the city state attorney's race.

bernstein leads jessamy. stay with us for the latest and the results and the reaction, go to wjz.com. new developments in the fall out over the sudden acceleration problems. [no audio] sudden acceleration in the company's vehicles lawsuits were field after toyota recalled millions of vehicles. along with brake glitches. the consumers claimed that toyota knew about it in 2003 and they failed to act. denise, back to you. thank you, mary. toyota recalled 8 million vehicles worldwide in the last year. a large drop into a large bucket. as alex demetrick has more, it's a plan to reduce pollution

in the bay. >> reporter: most of the water may start up here, and sooner and later, much makes its way into the blue planes waste water treatment plant in washington, d.c. it happens to be the largest of its kind in the world. 327million-gallons a day. at the other end, water free of toxic chemicals and bacteria, but not nitrogen. >> do reduce the discharge of nitrogen to 4.7 million pounds. that's a 45% reduction from the single largest.in the bay. >> reporter: algae leaves the dead zones behind. it will have a big impact. the potomac river and the bay will be bigger. >> reporter: it's not the only

plant that needs to reduce nitrogen. >> there are 67 plants getting the technology. the rest are in planning and design. >> reporter: beyond maryland, there are 420 more treatment plants. they're targeting to reduce the nitrogen by 11 million pounds. >> we're on our way to reducing the nitrogen ands to phosphorous for the bay. >> >> absolutely beautiful weather again today. the skies are clear and the sun cease shine. sun is shine and it's a gorgeous day. well, it's a beautiful day. our normal high is 78. we're up to 83 now we could

have a thundershower tomorrow evening and late tomorrow night. someone may even see a wind gust with the showers. the front will bring in warm air ahead of it. the bulk of the rain is still opener an we need the rain. we have fire danger out there, still. thank you, bob, we'll check in on the roads with kristy breslin. >> hi, kristy breslin. well, the roads are busy. if you're on the westside, slow from 95 to security boulevard. 20 minute drive time on the northside from greenspring to falls road. and as far as the accidents go, we have one in woodlawn. 95 southbound, still, the regular delay and slow at whitemarsh to the north eastside and a few city

accidents to update you on. let's take a live look. as you can see, congestion at greenspring and another look at the accident that occurred at 29 and route 32. this is brought to you by the cochran firm. if you or someone you know suffered a personal injury, call for a free consultation. the first week of the nfl season is in the books and so is the first week of the football challenge. jessica has more. >> reporter: hello, there's a three way tie for the top spot among my colleagues. taking a look at the bobblehead standing. three of us have 11 points two sports guys, mark, stan and me, i have no idea how that happened. so does donald in manchester. he came closest to the score of

the dallas, washington game. you can sign up, come here to wjz eyewitness news and click on the link at the top of the home page. >> that's why we call you an expert. >> not hardly. >> yeah. >> you can watch the game sunday at 1:00 here on wjz-13. >> so, we get 16 more weeks of that. and the possible. >> well, it's the hill billies. an american woman is released from iran for health reasons. see an airline's approach to cramming passengers into airplanes. and bob will update the weather forecast. i'm bob ehrlich.

i'm not the kind of guy who likes to hang on the sidelines. today maryland is in trouble. we're worse off than we were four years ago. dangerous debt, higher taxes, not enough jobs. we need real leadership to turn this state around. fix the budget -- honestly. grow small businesses -- really. excellent schools -- everywhere. protect the bay -- finally. it's why i'm running. to make the state we love not just good but great. now let's get down to work.

an american is released today from prison in iran because of health reasons. >> the the death toll is rising in texas. two more bodies have been found bringing the total to eight. one is a victim of a mother of two. her suv was swept off of the road. mr. another twist in the trial of a florida woman accused of killing her daughter. jessica has more. >> reporter: denise, anthony's attorneys are bringing in health to deal with the scientific evidence. during a press conference, the lawyer says she'll keep the junk science out of the trial.

among the evidence, she plans to discredit the prosecution scientists who say that the air in the trunk contains evidence of human decomposition. she's accused of murdering her daughter and dumping her in the river. she's pleaded not guilty. if convicted, she could face the death penalty. >> >> the images are hard to watch. an elderly woman was beaten by a care giver. >> reporter: the video is disturbing. it shows a trusted family care giver throwing the woman on the bed inside her home. she smacked her and shoved a tube in her mouth. she fed her and slapped her in the face. >> i was furious.

i do not know, it was heart breaking to see your own mother abused by a person whom you trusted for so many years. >> thankfully, the 91-year-old didn't suffer injuries. at one point, you see the helpless look in her eyes. she suffers from heart disease and alzheimers. >> the elderly woman's daughter seen here set up the camera after noticing bruises on her mother. she confronted the woman with it. >> i want you to explain to me what you've done to my mom. she yelled at me and said, i can't do anything, i'm in the park. >> this is shot over five days. they have more than a month's worth of abuse on tape. the 52-year-old out on bail is receiving medical care herself. >> she went to the hospital? >> yes, she fell in a hole.

>> loving care agency is in touch with the family and they're working with the family. >> reporter: the sisters say they shared this with us so other families learn from their heart ache. >> we did not really go into detail like screening her. >> the family says that she cared for their mother for 11 years. a daring rescue. a trooper saves four children from a burning car. they were stranded on the side of the road with their mother. a trooper checked on them and their envy caught fire. they were freed before the gas tank exploded. no one was hurt. if an italian company gets your way, you'll get to know the people around you on an airplane. they've designed a seat that

looks like a saddle. it enables them to get more passengers on the flights. they're interested in it and they'll sale the seats for a discount price. >> oh, i'm sorry, i've sat in a saddle for a while, it's not comfortable. >> and even if you're on the ground, not 30,000 feet. horrible, i don't like that idea. >> well, it should feel like autumn is around the corner. well, here's the thing: this was the only "sporty two-seater" they had on my budget. uh-huh. and the seats go all the way back. (announcer) settling for less is not smart. what is smart is getting more car for your money at carmax. for the money you'd spend on a stripped down new car, you could get a fully loaded, guaranteed-quality used car at carmax. now more than ever, the smart choice is carmax. the way car buying should be.

it's a beautiful, nice mild and warm afternoon. it's so dry, you don't feel that it's 83 degrees sun's still hot this time of the year. tomorrow, we'll have changes coming. tomorrow, it will be dry. newest winds and the barometer holding steady and humidity only 30 peculiar. -- 30%. 84 here and 84 in washington and 73 at ocean city and 72 in

oceanland and 82 in cumberland and once again, dry air, probably by this time tomorrow afternoon, we'll see a shower. newest winds now. the winds from the west, south west and late tomorrow night, they'll go back to the northwest and a front coming through the region with a chance of a few showers to the west. a batch of activity to the plains and some of that will migrate across the ohio valley and most of it to the north. late tomorrow night and evening, maybe a line of showers and perhaps a gusty thundershower moving across the region before it clears out. it will be warmer tomorrow and maybe in the 80s and it could get to 85 and 86. the front comes through and pleasantly mild again and the weekend looks beautiful. temperatures again near 80 degrees. igor at 5:00. still a category 4. it will be over bermuda, maybe a 2 or a 1.

it's a little dot there and it will be close to bermuda by sunday. the models take it out to see once it passes the location. julia's been downgraded to a category 3 and it's moving to the west, northwest. it won't effect the land masses. karl weakened going through the yucatan and also, into mexico again. perhaps getting stronger before it weakens. for us, south, southwest winds and bay temperature around 74 degrees. tonight, looking for clear skies and pleasant temperatures and 56 tomorrow and sunshine and increasing clouds and up to 86 degrees. by tomorrow evening, maybe a shower. that's a gusty thundershower in few spots and it clears out tomorrow and a chance of rain. and we still need the rain. >> thank you, bob.

>> still to come tonight. the race for baltimore city state's attorney is a close one. it could all come down to absentee ballots. i'm mike hellgren. they'll be counting the ballots and the latest on where the and the latest on where the candidates sta everyone knows a fee is a tax. you raised some taxes during that period, particularly the property tax as well as a lot of fee increases. as you know, there's a big difference between fees and taxes. but...they're the same. it's a tax.

it's a tax. it's a tax. it's a tax. there's a big difference between fees and taxes. fees and taxes are one in the same. if it comes out of my pocket, it's a tax. now he says it isn't true. we didn't raise taxes. what? still doing the same thing, paying out more money. typical politician.

coming up next, no clear winner in the city's state's attorney race. and a very close race for baltimore county executive finally comes to an end.

coming up, we'll hear from the winner. and today hundreds of correctional officers are on administrative leave. i'm weijia jiang in downtown baltimore, next on wjz i'll tell you why and how one detainee is involved. check in for more on these stories and all the day's breaking news. >> eyewitness news at 5:00 starts right now. two close to call, the votes are still being counted in the city's state's attorney's race. >> the bernstein and jessamy teams are forced to wait for a final result. good en