fight to find her daughter, michelle parker, last seen alive in 2011. right after she and her ex fiance dale smith were seen on an episode of people's court. smith has been a main suspect, but never charged. parker's mother is seeking the answers another way, filing a lawsuit against smith for negligence. but smith's attorney says his client is staying silent. >> he has the fifth amendment. that's the whole purpose. this is america. >> reporter: the attorney asking a judge today if his client could skip out on testifying. but a judge said no. so knowing what smith is going to say or not say, stewart's attorney, belvin perry, plans to get the deposition on video. >> a video deposition gives you the advantage of being able to look at a person and judge their >> reporter: smith's attorney plans to fight that, too, asking for that video not to be released to the public. >> that's sort of a lynch mob mentality that someone thinks they're guilty because they take the fifth amendment. it creates a swell of public opinion against my client. he's entitled to a f

eric: we are also tracking coming jim: the ex-fiance of missing michelle parker will have to testify under oath. that decision coming down from a judge this afternoon. wesh 2' s greg fox is at the courthouse where parker' s family is hoping the civil court can deliver justice for parker. i wouldn' t be doing any of this if i didn' t think it was the right thing to do. that' s the bottom line for yvonne stewart fighting, along with other loved ones, for answers in the mystery behind her daughter' s disappearance. michelle parker vanished in november 2011, the same day she was featured on an episode of the people' s court with ex- fiance dale smith the father of their twin seven-year-olds. to this day, smith remains a suspect, but uncharged. it' s agony and it' s total torture everyday. it gets to the point where you accept that this has happened but you' re hopeful that things will come the right way some day. stewart' s attorney was in court fighting to force smith to give sworn testimony smith' s attorney said that would simply discredit >> and so i think it would be unfair and unju

. >> why michelle parker's mother may finally get some answers. new developments in the apple versus fbi feud. not immediate the tech giant's help to unlock the san bernardino's iphone. >> breaking news where deadly it took joel silverman years to become a master dog trainer. but only a few commands to master depositing checks at chase atms. technology designed for you. so you can easily master the way you bank. hi, guys! spring is almost here and you know what that means! easter is hopping along. so, if you're looking to stretch your dollar this easter holiday, just look at these savings at your local walmart. orlando, in head-to-head shopping, the total amount saved at walmart vs. winn-dixie was $18.08... that's 13% on this week's easter basket. why shop anywhere else? fill your basket with walmart's every day low prices and get big savings. start shopping with walmart's every day low prices today. and see what you could save. this is a vanilla bean. i see vanilla specks. a little crushed vanilla bean. breyers has fresh cream, sugar and milk. br

dale smith, not answering any questions as to what happened to ex-fiancee michelle parker. the mother of three who went missing back in 2011 right after she and smith appeared on an episode of the people's court. ever since then, smith has been the main suspect but never charged. and ever since, parker's mom has wanted answers to those questions. >> maybe one day the truth will come out and we'll be able to find michelle and we'll know what happened. >> reporter: so she's suing for smith's attorney asking the judge if he could skip out on testifying, saying he's going to plead the 5th, no matter what. however, a judge said no, saying smith has to answer to every question, even if he uses his right to remain silent. and parker's parents' attorney, belvin perry, plans to ask those questions on camera. >> you cannot judge a person's demeanor, their tone, their reaction on a cold transcript. a video deposition gives you the advantage of being able to look at a person and judge their credibility or lack of credibility. >> reporter: which is exactly why the attorney plans to file

since michelle parker vanished. >> i want to know where michelle is. >> she left behind three children and a lot of unanswered questions for her family. >> it's agony. it's torture every day. >> those answers evan stewart said lie with dale smith. >> i think dale needs to answer our questions. >> do you think if he didn't have anything to hide he wouldn't be pleading the fifth? >> yes. >> parker dropped a you have er -- dropped her kids off with her ex-fiancee in 2011 and have not been since seen. smith has not cooperated with police. >> smith's attorney tried to convince the judge that it's a lose/lose for smith. answers he will plead the faith and his lawyers will ask his testimony to be sealed and out of the public eye. >> the public takes the fifth amendment as being synonymous with guilty. that's not the constitution. so that sort of reaction is prejudice to my client. that's why i want to deposition sealed. >> he could answer the questions. >> he has the fifth amendment. that's the all purpose. this is america. >> reporter: depositions are usually a matter of public record. the a

. >> ginger: and a new twist in the mystery behind michelle parker's disappearance. we're live with the judge's ruling. news 6 at 4 is getting results, we'll be right back. >> and join us on facebook during the break. just search for lisa bell at >> lisa: we want to take you following. sky 6 is live over a brushfire burning right now in avalon park. take a look at that. you can see it's burned that person's fence there. the fire forest service says it's 50% contained and it's at 20 acres so far. but, again, just 50% contained right now and it is still very windy out there. you can see it is very close to some homes as well. at last check, it was still pretty fast-moving. this is all happening near wild tamarin boulevard. keep in mind the winds are gusty out there. meteorologist troy bridges will be with us in the next few minutes. 20 acres so far and close to a lot of homes out there. >> ginger: we got rain over the weekend but it's still dry out there. >> julie: we're talking about winds around 20 miles per hour. definitely a bad situation. >> ginger: backlash tonig

. >>> the family of missing mom, michelle parker, is looking for answers some 4 years after she disappeared. >> it is agony, total torture every day. >> the questions that a judge says it must now be answered by the only suspect in her case. >>> we continue to follow breaking news. more than one dozen people are dead, following several explosions in belgium this morning. we are following the situation as authorities work to figure >>> we should know today how much three trash haulers will have to pay out for problems orange county. haulers miss pickups, leave they even say if the trashbin's are too full, the workers to store the excess trash into the street. solid waste department says it will now find three haulers are some homeowners that we spoke to say they are worried about what a fine might end up doing. >> if they are going to find them, take it out, they are going to have less to do what they're doing now it's all going to roll downhill. >> as we reported, that new trash service started in orange county three months ago >>> today we will check with orange county environmental worker

the court hearing five years after michelle parker vanished next on sunrise. alex? alex: a merritt island man is dead after getting hit by a car. tell -- coming up, i (scal): good day, m'lady! i am sir-can-a-lot, here to save you from another breakfast bore. wake up those eggs with glorious spam! see what spam can! do... at >> local, live, late-breaking. this is wesh 2 news sunrise in high definition. michelle: right now on sunrise. a bike ride cut short by a killer. this morning, the search is on for the driver, who kept going after running a man over. >> she was just like one of the special little angels, and i don' t know -- i don' t understand why she had to leave so early. brett: a local 15-year-old girl taken too soon. the community in mourning, and the 16-year-old suspect facing murder charges. amy: after hitting 90 last week, we are back in the 60' s today. i will have the chilly forecast

missing woman michelle parker' s mother is fighting for visitation rights. yvonne stewart says, she hasn' t seen those children since michelle disappeared, more than four years ago. today, she' ll argue that she should be able to see the kids, bill she helped pass last year. the childrens' father, dale smith, has custody of the kids, -- of the kids. he' s the only suspect ever named in parker' s disappearance, but he was never arrested. stewart is also suing smith for wrongful death. brett: new at noon, two deer are safe after a kayaker saw them running off the beach and into the water on panama city beach. michelle: they were already a thousand yards into the gulf, before fwc got to the scene. the deer were already tired from fighting those waves. the fwc agents was able to gently guide the deer back toward the beach. when they got to shore, the doe and her yearling took off toward a state park. brett: i have never seen them is stuck out that far on the beach. michelle: it is a lot of energy to swim out. candidate is missing out on a chance to win some amer

michele parker's family filed negligent death lawsuit against parker's ex-fiance dale smith. parents want dale smith to talk under oath about her disappearance. 30-year-old parker last seen alive dropping children off at his home back in 2011. smith denies wrongdoing. that hearing set for 1:30 this afternoon. spring has sprung in central florida. maybe you noticed a change at the gas pump. >> anchor: i saw it indeed. prices jumped a quarter in the last few weeks. johny fernandez shows us why there is no relief. >> reporter: if you are at the gas station you maybe noticed gas prices went up a quarter last few weeks. trend may continue. >> i wish it could go back to 90 cents 9 cents a gallon. have but probably will not see. according to aa in florida we pay more than national average. national average for a gallon of regular gas is under $2. and at $1.98. in florida regular is at $2.03. and if you hit up a gas station here in orlando, well, you will be paying $2.01 for a gallon. titus just moved here from new jersey and said he is not complaining about the spike. >> i remember

. >>> the only suspect in michelle parker's disappearance must answer some tough questions. today a judge ruled parker's ex-fiancee dale smith will be depose in the wrongful death lawsuit filed by parker's mother. she's been missing since 2011. said that he will sit for that deposition but won't be answers those questions. >> it's obvious because of the position that my client finds himself in. the only proven course would be to take the fifth amendment. he has no obligation to answer questions by a police officer or prosecutor, a private lawyer. >> next a judge will address the fight to see her grandchildren. after that smith will be deposed. >>> right now president obama is finishing up a historic day in cuba. many cubans are happy about obama's call to help struggling private businesses there by ending the trade embargo for good. both obama and cuban president raurl castro answered questions today during a news conference. many cubans were surprised to see him answering questions on human rights and political prisoners. you can see an exclusive interview with president ob

. >> yesterday, a judge ruled michelle parker's ex- fianci, dale smith will be deposed in the wrongful death suit filed by her mother. argo has been missing since 2011, smith's attorney says his client was it for the deposition that will plead the fifth and not answer any questions. parker's mom said anyway. case of good versus evil, that clichi that the right thing will h appen. maybe one day the truth will come out. we will be able to find michelle . >> smith is living in orlando with parker's twins who parker's mother still fighting to see. a hearing on that will come in the next three weeks. >>> the family of a 12-year-old girl is fighting to have a charge of battery removed from her record. after deputy's arrested her for pinching a classmates rear in. >> it was just like a game, and like, i don't take it seriously, but, i don't get why he should. >> breanna evans admitted to pinching the boy, the middle school suspended her. the boy says he was not hurt, but his mother wanted to press charges. seminole county deputies and rolled evans in a diversion program to remove the charge f

. >>> today a judge ruling michelle parker's ex-fiance dale smith will be charged in the missing person lawsuit against michelle. >>> trash problems continue in orange county months after the service began. >> they're dumping the crash on the ground. it doesn't make sense. >> the penalty they'll face for leaving garbage behind. >> and a frost advisory up. how cold it'll be in the return. >> plus, this 12-year-old says she was playing a game when she >>> you're watching channel 9 eyewitness news at 11:00, coverage you can count on. >> after nearly three months of a new trash service in orange county, we're still hearing problems with the haulers. and today orange county said it's working to add up administrative fines for the service. the solid waste department said it'll fine the three haulers they hired for messy service and damage it doesn't repair. we found homeowners still service in the meantime. >> that's not the first time it's happened. it's not the first time they threw the trash bag down and just left it. >> reporter: he told us when his trash was filled beyond the rim of the

parker, her mother is suing the kids' father dale smith for visitation rights. yvonne stewart says she hasn' t seen her grandchildren since parker disappeared more than three years ago, she filed the -- more than three years ago. she filed the lawsuit last november under a grandparents rights bill she helped pass last year. smith was the only main suspect in parker' s disappearance. stewart is also suing him for wrongful death. covering brevard county, a man is charged of attempted murder, accused of stabbing his girlfriend with a screwdriver. melbourne police say jean lauriston got into a fight with his live-in girlfriend in a tent behind their home on wisteria drive. she was seriously injured after being stabbed in her neck and back. police say they searched for lauriston after arriving at the he later turned himself in. another fantastic finish at the arnold palmer invitational. this year' s winner talks about what arnold his mentor the gain of golf -- game of golf. a live look outside on the amy: good morning and welcome we are headed to the mid to upper 60'

parker, has been looking for answers for more than four years now after she disappeared. >> is agony. total torture every day. >> the questions a judge says must be answered now by the only suspect, in her case. >>> we continue to follow "breaking news", police say more than one dozen people are dead now following several explosions in belgium. we are following the situation as authorities work to figure out exactly what happened there. >>> orange county is seeing an alarming rise in rape cases in get ready for sun protection that stays on neutrogena cool dry sport. helioplex play on with protection that stays on. cool dry sport. >>> we should know today how much three trash haulers will have to pay up for problems with trash pickup across orange county. neighbors say that trash haulers miss pickups, they leave message behind and they cause damage. they even say if there trash bins are too full, workers of the excess onto the street. solid waste department says it will find three haulers. the county is looking at fines as well. >> and they are going to find them, they are going to ha

brett: today, a court battle begins over the children of missing mother michelle parker, her mother is suing the kids' father dale smith for visitation rights. yvonne stewart says, she hasn' t seen her grandchildren since parker disappeared more than four years ago. she filed the lawsuit last november under a grandparents rights bill she helped pass last year. she gets a hearing on that case this afternoon. smith was the only named suspect in parker' s disappearance. stewart is also suing him for wrongful death. michelle: president obama is preparing to spend his first full day in cuba. nbc' s lester holt has a preview of what' s ahead in this historic visit. s a busy first full : day for the president here in havana, as you know, he arrived here in this rain on sunday afternoon. he will get his formal welcome here, meet with president raul castro, there will be a state it' before it' s over, the president he' ll attend a baseball game. people think that in itself is an important symbol, uh as comes here, that this is not just down to business, that he has a personal investment. this i

michelle parker vanished in 2011. her family thinks she' s dead and that her ex-fiance may have played a part in it. today parker' s parents asked a judge to force dale smith junior to answer questions under oath, as part of the negligence lawsuit they' ve brought against him. smith' s attorney says there' s no point. but the judge sided with the parkers, who are now hoping it will provide some clues to what happened to her. it' s agony and it' s total torture everyday. it gets to the point where you accept that this has happened but you' re hopeful that things will come the right way some day. and i hope that we get these right answers. yvonne stewart is also seeking the right to visit her 7-year-old twin grandkids the it has been nearly 90 years since a u.s. president set foot in cuba. that changed this week, with the arrival of president barak obama. the president met with cuban leader raul castro. this is the 3rd time the two have met since 2014. both talked about improving relations, which could lead to stronger

. >>> michelle parker has been missing for five years and her ex-fianci remains the only suspect. dale smith in 1934, steak 'n shake decided the world didn't need another hamburger. a steakburger. so they used 100 percent beef. quick seared to seal in the flavor ... ... you'll only get from a steakburger. steak 'n shake, home of the original >>> a 12-year-old girl was arrested and is facing criminal charges after, get this, behind. >> the girl told channel 9 the whole thing was a joke but carla was kicked out of school and deputies arrested her so really not a joke. >> yeah, she said those deputies came to her home. they didn't put her in handcuffs but she had to ride in the back of a squad car. she was fingerprinted and booked for a battery charge over what she described was a simple pinch 12-year-old brianna evans said she was joking around with friends when she pinched a boy's behind and everything changed. >> i was by the office and we were pinching random people and i guess i pinched him and that's it. >> reporter: that led the girl to be suspended from school because the act was

yesterday, a judge ruled michelle parker's ex-fiancee dale smith will be deposed in the wrongful death suit filed by her mother. 2011. smith's attorney says his client will sit for the deposition but will plead the fifth and not answer any questions. parker's mother says she will go ahead with it anyway. >> i'm hoping that in the case cliche that the right thing will happen and that maybe one day, the truth will come out and we'll be able to find michelle. >> smith is living in orlando with his and parkers twins and parkers mother is still fighting to see. a hearing on that will come in the next few weeks. >>> a man in marion county saw a sign. >> but it landed him in jail. the 38 year old keith belcher is facing criminal charges after deputy saskatchewan he stole several street signs to sell for scrap metal. deputies found him with several signs in the bed of his pick up truck. he reportedly told police on his way to jail that he did a stupid thing and he should have known better. >>> it is the fight between the fbi and apple over unlocking a terrorists phone over. why the fbi is now

as quanah parker. that's what this is heading towards, right? [laughter]. >> i can cast the thing for you, if you want. you can have that for free. >> but we had -- so they're working on that now. i think there's a chance it will go, but one of the fun things is we actually -- i went out with the director and his co-writer. we had a suburban -- you know, warner brothers is paying the tab and we just took off, and i showed them all the old places that was comanche. so we went all through texas. >> even if nothing comes of it, how fun. >> i got them barbecue and, you know. >> stonewall jackson movie? >> you know, there's interest in it. >> matthew mcconaughey as stonewall jackson. you can have that one for free too. >> okay, no. okay it is -- there is absolutely no question that that is who stonewall jackson is. i mean, you're exactly right. that is who stonewall jackson is. >> okay. well, again, i can't wait. i'm excited. >> but it's in process. >> all right. sam, great to talk to you. so fun. happy for

it's unclear if the world will be a romantic interest for parker. and ac/dc has -- the rest of their u.s. tour after doctors told lead singer brian johnson to stop touring immediately or risk total hearing loss. the band said in the statement that 10 canceled shows will be rescheduled later this year likely with a guestbook with. in hollywood jonathan hunt "fox news." bill: a reporter at our sister station in san francisco and photographer had to jump to safety to avoid a car heading straight into their live shot. look at that right here. there's a crash and boom the car comes crashing right into the tripod. thankfully they were both okay. police say they believe the woman driving a white car might have hit the gas instead of the veer off onto the sidewalk toward the newsgroup once again thankfully both of those guys are doing all right. several women's rights groups gathered at the white house for an international women's day. the event calls for complete hault to violence and discrimination against women and girls. first lady michelle obama remind

it's unclear if the world will be a romantic interest for parker. and ac/dc has -- the rest of their u.s. tour after doctors told lead singer brian johnson to stop touring immediately or risk total hearing loss. the band said in the statement that 10 canceled shows will be rescheduled later this year likely with a guestbook with. in hollywood jonathan hunt "fox news." bill: a reporter at our sister station in san francisco and photographer had to jump to safety to avoid a car heading straight into their live shot. look at that right here. there's a crash and boom the car comes crashing right into the tripod. thankfully they were both okay. police say they believe the woman driving a white car might have hit the gas instead of the veer off onto the sidewalk toward the newsgroup once again thankfully both of those guys are doing all right. several women's rights groups gathered at the white house for an international women's day. the event calls for complete hault to violence and discrimination against women and girls. first lady michelle obama remind

michelle: thank you. the man charged with shooting a d.c. boy will remain in custody until his next court hearing. kenneth parker was arraigned this morning in the october 2014 shooting of jaydan stancil. the boy survived the shooting but had to undergo several years of physical surgery. jonathan: in from maryland the judge sentenced leroy wilson to 30 we'res in priss for killing his -- 30 years in prison for killing his girlfriend's son over missing piece of birthday cake. he accepted a plea deal a short time ago. in court, wilson apologized for killing jack garcia in july. jack's mother and uncle go on trial in may. michelle: a preliminary hearing set for two suspects charged in the death of a teenage blacksburg girl. former virginia tick students david eisenhauer and natalie keepers will appear in court may 20. hearing scheduled last week was canceled. eisenhauer is charged with fi lovell. keepers is accused of helping him cover up the crime. jonathan: horrific scene in eastern india as a highway overpass collapses on a street full of peo