the ken harris murder trial. >> i certainly hope that they are awake and alert f they say not guilty. >> what's becoming a common theme after just three days of testimony.@ the day after the maryland primary. >> because we're serious about fixing this state. >> those who won, those who lost and hose whose races are still undecided. clouds moving in aad the chance for rain. when that could happen in my skywatch forecast. and washing your hands, or women?e likell to do it, men hello. i'm jennifer gilbert. >> and i'm jeff barnd. weebegin with breakkng news out of north east baltimore. >> a suspect is in custody after an armed security guard opened fire during a robbery. it happened at a liquor store at -he lock rrven shopping plaza.

>> when the special police officer engaged them, he saw the weapons, pulled out his service weapon and fired multiple shots to isable the suspect. he did not strike anybody. it's believed no one was struck. the two suspects went on out of the store. theme in the en harris murder good look at theethree suspects that dark night. >> as crime reporter joy llpoll3 tells us, one juror is not fully convinced. >> reporter: a managerrat the new haven lounge testified he didn'ttknow if they werr the ones who killed harris and robbed the new haven lounge back in september of 2008. one defense attorney called that testimony powerful. but is it enough to avoid a guilty verdict? prosecutors maintain surveillance video cappured tte

their base but they are truly banking on dna evidence. it's evidence defense attorneys have fought extremely hhrd to keep outtbut have been unsuccessful. escorteddby police, the state's witnesses today remained silent. as for the jurors. >> i think theyyare aal deeply interested in the case because we were all deeply hurt of mr. harris was killed. >> reporter: now wwth that said some jurors appeared to be dozing off during testimony this defense attorney who you just heard from says he just hopes they are awake and alert of they return a not guilty verdict. the state has yet to delve iito any dna evidence. joy lepola, fox 45 news at >> thank you, joy. northwest bbltimore home. firefighters were called to garson boulevard aroond 11 o'clock last night where a two-story home was engulffd. a firefighter was injured. the cause of the blaze is under

investigation. one day later, it's still very close, too close to call as a matter of fact, in the race for baltimore city state's attorney. >> 100% of the precincts are reporting now that we are still waiting on those key absentee ballots. lead.bernstein has a slightt3 bernstein has 49% of the vote. right now the two arr separated by one 1500 votes. >> keith daniels stanning by live where the remaining ballots will be tallied. >> reporttr: we talked to the director f the city oard of elections here during his struggle to gettthose primary ballots here and counted. challenger greg bernstein is edging out the incumbent. to be lear, she has not conceded the race. her campaign had believed those outstanding primmry votes would

swinn the election back towwrd her. so again there was the wait for those mmssing ballots to be counted, and jones was telling us what may have aused the delay. >> we hired 2000 people to do a one-day job. @% could be human error, they leave them in a polling place, put them in a supply bag. so there are some things, challenges out there. complete until we get to the 100% mark. @% reporter: again we have that 110% mark now. all of the primary votes have been counted. %-absentee ballots and we should remind you again there's no one talking about victim for now. we're live in downtown baltimore, keith daniels, fox 45 news at 5530. the baltimore county race for executive, but a winner has been declared with 94% of all

precincts reporting. councii men bartonfelder conceded. he says bartonfelder called him to morning to congratulate him. he spent more than $1 million on %-touuhdown ads.st spent on >> it's really time that we put baltimore county to heal our division, join togetter because3 once again i believe that we will bb democrats united. >> e will face kkn holt in nnvember's general election. the o'malley-eerlich rematch is on come november seeond. former governor and urrent governor easily won their primaries tuesday night. both believe theyywill make the bess candidate to be the next governor of the ssate of maryland. >> duuing a ery serious time people want serious people

conveyiig serious messages onn3 serious issuessabout their life. that's why the volunteers are showing up because we're serious about fixing this statt. >> look, these have been huff years but we've been making progress even through these tough years and the people of our state whenever given a choice to move forward or fallbe forward. >> governor o'malley is focused on job creatioo. ehrlich wants to cut that % headache in the sales tax and is pledging not to raise taxes. between state senator andy harris and state represent. harris won the republican nomination last night. the two squared off back in 008 you'll recall. they were surprisingly low voter turn turnout to tuesday's primaries.

20% of ligible voters headed to the polls. state-wide just over 27%. that's below the 30% state elections recalls were projecting. >> just bitten. no real reason. >> i was a little disappointed because i didn't see as many people as i saw back in 2008. >> people was being lazy, didn't want to ggt up off the coach, just wanting to sit there. >> i went because a lot of and that brings us to our question of he day. why do you think there was such low voter turnout? go to.com death toll and let us know. you can also sound off on facebook. you can send us a tweet on fox baltimore. there were surprises at the polll nationwide last night..3 in the state of delaware just to representative christine o'donnell upset mike castle in the candidate hassno prior political experience. mean time in the emempire state@

paladino won. of course stay with fox 45 for the latest informationnon the noveeber elections. just go to foxbaltimore.com and the news features section.n in the center of the bribery and extortion case against -lysses currie. -e's accused of using his3 influence, new a federal judge has approved the deal which will allow the supermarket chain to pay a $2.5 million type and cooperate in the pposecution of senator currie and two grocery executives. 15 correcttons officers are curreetly on paid adminnstrative leave tonight facing aalegation3 the department of correction wills not comment any further pending thaa japan going@ investigation. how are the roadsslooking tonight? lauren cook has our traffic edge

report. -p>> we do have several ins departments tonight in baltimore city. we're dealing with a crash downtown on light street at east lombard street. a two-year-old and 17-year-old have been hit by a car right on north caroline street. -ott are expected tt be okay. police are on the scene of an attempted robbery at a liquor ssore. it's effecting traffic right on lock raven boulevard at east northern parkway. if you're using the belt way do expect congestion. as we take a live look at the west side, outer loop lanes are moving slow. it will only get worre as we mmke sure way to the top side. speeds are only clocking in at 17 miles per hour right now. fortunately you will see some relief as you make the push to parkville where speeds are here at heartford road. that is our traffic edge@ report. jeff and jeenifer back to you.

we're getting a sneak peak at a new statue. >> the statute of frank accident happeena, the bust of the rocker and composer and direct e director is the giff of a lithuanian fan club. another absolutely beautiful day out there but now much-needed rain could still be on the way. >> still ahead, chief meeeorologist vytas reid tells us when it might getthere and how much we could get. p>> the oil spill cceanup in the gulf of mexico, coming up the maaor mile stone that's expected to be reached by the time the weekend is over. pro ife activists gathering in annapolis today. we'll tell you the message they had for mmryland's toeurpl when the news at 5:30 continues.

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. definitely.

pro life protestors rallied

in indianapolis today. the group operation rescue is asking for criminal charges in botched abortion that almostt3 cost a woman her life. leeders of the christian activist organization are asking attorney general to file criminal charres against the three doctors, one of which is@ is not liiensed to practice medicine in maryland. >> this is a criminal act. if this happened under any other situatton, people would have indictments against them right now. >> the doctor from new jersey was not licensed to practice medicine in maryland and was order. the licenses of maryland doctors riley and shepard have been suspendee. @%> another beautiful day but we do actually need the rain. >> we sure can use it. chief meteorologist vytas eid is here with your first look at the forecast. it appears as though we're going to get some. >> there's a chance for rain coming our way. we have a frontal boundary

pushing in from the north west giving us a chance foo those showers. looking at the map, the future scan, this is what the model data is telling us for the prediction. as you you notice it's not a lot of rain. there's a chance for western -aryland to get showers and thunderstorms. for the most part we have a slight chance for getting a stray shower here or there. in the mix it looks like we might get a little rain scattered across the area. it seems like more in western maryland. let's talk more about what those temperatures are showing across the region. it looks like we will continue to see those temperatures very comfortable out there. across the rrgion looking at 83 in hagerstown, 85 in d.c..33 -s we cross the mountain over in western maryland looking at 72 degrees. not too bad there. satellite and radar composite across the mid atlantic, not a lot of activityythere. scan we can see that it willture continue to head our direction

and that shower activity will start to gather aalittle bit of strength over in wessern maryland but by the time it gets here it looks like it will kind of fall apart. so it looks like not everybody will get raii but we will have a @%neighborhood.ctivity in the i'll have the detailed look at your beautiful weekend forecast coming up. and you can be in charge of your own personalized forecast. iradar is now available at foxbaltiiore.com. use the interactive tools to track storms right down to your street. go to foxbaltimore.com slash iradar. the point map for the bp oil sppll cleanup says the well should bb permanently sealed by the end of the weekend. commander thad allen says the blown-out well should be sealed by sunday. it's been five months since that gulf of mexico and caused more ttann200 mmllion gallons of crude oil to spew intoothe water. new yook city wants to take its extensive smoking an@

outdoors. new legislation is beeng proposed that would ban smoking in paaks, at beaches, marinas,3 board walks and pedestrian plazas. if it passes that means no more3 @%ghting up in laces like central paak or the board walk@ in coney island. hearings will be held and the cityycouncil will vote on the issue later this year. a common ingredient in just about everything wantssa new @%me. coming up why it couud help improve its image. and washing your hands after more likely to doroom, who is 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.

in tonight's health check now, more than 1 million chuck e. cheess toys are being recalled tonight. these light-up rings and toy eyeglasss are considered swallow the small batteries ould inside. @%e toys were given out between april of '09 and last up. for more information about he recall go to foxbaltimore.com slash newslink. a dip in the pool could increase your chances are cancer. according to doctors in spain they found evidence of dna mutations in people who swam n at least 45 minutes. those people also had negative effects on their respiratory system. researchers caution swimmerr to reduce exposure to chlorine and other toxins.

one in five people apparently don't wash theirr3 hands after going to the bathroom. a new study placed researchers in bathrooms pretending to put on make up or fix their hair in new york's penn station and grand central station. 20% f people did not wash their now one silver lining foo women, researchers found womee were more dill justice department about hand washing than men. well, high fructose corn syrup wants a name change. the makers are asking for corn sugar. history shows name changes can be successful. can ola oil switched its name to improve its image bag in 1998. if you think you can dance, you should audition. >> auditions for the eighth season now of so you think you can dance will begin next month.

they are scheduled for october 13th in oakland, novemmer 15th in brooklyn anddproducers say more cities and dates as we speak are being hashed out. for ore on how to audition for the show just go to foxballtmore.com slash newslinks. why walk across thh street when you can walk down a building? >> still ahead on the news at

my commute home to the eastern shore every night only takes an hour but that's more time than congress spends reading massive spending bills, it's crazy. that's why i wrote a law that requires 72 hours to read every bill. i read the big bills and i said no. no to the $3 trillion budget, no to the bank bailout, and no to the health care bill. at home you would never pay a bill without reading it neither should congress. i'm frank kratovil and i approve this message because i'm proud to be ranked one of the most independent members of congress.