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tv   Eyewitness News at 11  CBS  January 16, 2016 11:00pm-11:36pm EST

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>> there is no evidence that any other person was involved. >> i think she panicked. anita smithey's story is that robert cline was attacking her, and what does she do towards that end? she gets a knife. she calculatedly places cuts to her cheek, cuts to her neck, and cuts her abdomen in such a way as to indicate that perhaps she had been harmed by him. >> reporter: and what about the bruising on anita's face and her chipped tooth? recoil, dr. bulic suspects. >> if the gun was held near... near the face, it's possible. >> reporter: but then, shirley rice, a specially trained nurse who's been involved in more than 300 rape cases, takes the stand. she says after examining anita, it's her opinion anita was assaulted. >> at the time i did the exam, i
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thought of her as a victim of a sexual assault. >> and has anything changed your mind since that time? >> in my evidence, no. >> reporter: but when prosecutors questioned nurse rice... >> you're unable, from a professional standpoint, to ever say for sure whether or not the injury that you see during a sexual battery examination is either consensual or non- consensual, right? >> i cannot tell you whether it's consensual or non- consensual because i wasn't there. >> robert cline did not rape anita smithey. >> reporter: and to prove that point, prosecutors call this woman, anita's former friend, torina stewart, to the stand. >> did the defendant ever confide in you with regard to any sex practices that she and robert cline engaged in that stick out in your mind? >> yes. >> can you tell us what that was? >> playing date rape, role playing. >> did she tell you that they had engaged in that date rape or role play scenario on the night that robert cline was killed? >> yes. >> torina turned out to be a snake.
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>> reporter: did torina betray anita? >> she did in a way that she should've never betrayed her. >> reporter: prosecutors called the case detectives to testify anita told different versions of what happened the night she shot her husband. >> and she started to tell a second story, and i noticed the inconsistencies between that first story and that second story. i knew... >> reporter: detective mattingly tells the jury anita first said robert waved a knife at her, but in a second version she didn't even mention a knife. and there were other inconsistencies. but mattingly admits at the time he never took notes. both he and detective depanicis are grilled about their lack of experience. >> isn't it a fact this is the first homicide case you ever investigated? >> yes, sir, that's true. >> did you ask her how long it had been before she'd slept? >> no. >> did you ask her how long it had been before she'd eaten? >> no.
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>> did you ask her when the last time she had anything to drink? >> no. >> reporter: jancha argues anita was so traumatized by the events of the evening, she should never have been subjected to a grueling police interview so quickly. >> i speculate, ladies and gentlemen, that there is one piece of evidence. >> reporter: as the trial was wrapping up, many courtroom observers believed the defense had won its case. but jancha wanted to seal the deal, to show just how traumatized anita was with one last piece of evidence. >> and that's the 911 call of miss smithey. >> reporter: prosecutors don't object. >> reporter: for the first time, jurors hear the dramatic 911 call. but amid anita's cries, they also hear anita say robert stabbed her in the stomach with a knife.
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>> reporter: kelly jo hines and stacey salmons could not believe their good fortune. >> as we objectively listened to that 911 call that was just played to you, and before i start my closing argument to you, i'll address a few things just about that phone call alone. >> reporter: stacey, i'm sitting just behind you there in the gallery, and i hear you say, "i set the snare." >> reporter: by playing that moment where anita says robert stabbed her in the stomach, it opens the door for prosecutors to contradict her. the jury could now hear that previously forbidden part of the interrogation video where anita admits stabbing herself. >> i just know that i freaked out, and i picked it up and i stabbed myself. >> reporter: this is a big deal that you are now going to be allowed to present to this jury, correct? >> yes. >> reporter: he didn't open a door, he opened a vault.
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>> she shot him. >> she inflicted those injuries to herself. >> reporter: prosecutors close their case against anita smithey with the best argument they've got, that interrogation tape. >> i don't remember where i stabbed myself. i know that i freaked out and i did it. >> reporter: it's proof, they say, that she was not acting in self-defense when she killed her husband. >> i think that is what doomed us. >> miss smithey, please rise. >> reporter: within hours... >> we, the jury, find the defendant guilty of second- degree murder. >> completely outrageous,
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ridiculous, insane, ludicrous. she was being attacked, she was being raped, and she was terrified. 100% certain, she thought if she tried to flee, if she tried to do anything, he was going to kill her. >> reporter: drew watches, unable to do anything as his mother falls apart. >> i know exactly why she was so hysterical and why she collapsed. >> anything further from the state? >> it's because she didn't do it. >> reporter: and anita's supporters say they know exactly who to blame... >> there is one piece of evidence. >> reporter: ...anita's own attorney, rick jancha, for foolishly playing that 911 tape... >> he tried to stab me. >> reporter: ...opening the door for prosecutors to use anita's admission she stabbed herself. >> i stabbed it, but he was there, too. >> it's not a mistake but a fatal error. >> not only did those statements get played, they got played right at the very end of the trial, the very last thing. >> reporter: anita's camp says
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the only reason why they lost that case is because of the playing of this 911 tape. what do you say? >> i say that that playing of the 911 tape was only one small piece of a much larger puzzle within a two-week trial. >> reporter: a trial that took four long years to begin had come to a dramatic conclusion. >> i finally couldn't wait to look at his parents and hug them. the same with his children. >> reporter: when you guys left the courtroom, you were still pretty stoic, wouldn't talk to reporters. but when you went into the elevator and the elevator doors closed, we could hear you. >> ( squealing ) >> and i'll go on record and say i'm the one who squealed in the elevator. and part of that is just the relief that comes with it, of
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knowing that you work so hard for an ultimate goal and that you succeeded. >> reporter: but their feelings of relief didn't last long. just before sentencing, anita's attorney suffers a heart attack and falls into a coma. attorney whitney boan steps in to represent anita. this verdict, justice or injustice? >> injustice. she was brutally beaten, and she was forcibly raped. >> reporter: and she was already planning anita's appeal, focusing on that interrogation. >> i don't have any reason to lie to you. >> i'm very optimistic that anita smithey did not receive a fair trial in compliance with the law and that she will have another day in court. >> reporter: but first, anita will be sentenced for robert cline's murder. she's facing life in prison. her 13-year-old daughter is too
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upset to speak, but anita's son, drew, begs the judge to show mercy. >> my mom is just... she's... she's my everything, and i just want you to know how much i love her and that she's... she's not the person that people are making her out to be. >> reporter: drew tells the court he will continue in school with the hopes of becoming a doctor to make his mother proud. then, it was time for the man who gave up everything for his daughter to make one last effort to save her. >> i've always known anita as a very caring person, a person of integrity, and she just added a lot to all of our lives. i... i just appeal to you today. >> reporter: jessica flores tells the judge that essentially anita is a victim of domestic
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violence, and locking her away is not the answer. >> she wants to help other victims out there. please help her to help other people. >> reporter: to robert cline's family, the repeated characterization of him as an abuser is repugnant. the reality is just the opposite, they say. >> anita was the abuser, mentally and physically. >> she shot my dad. she killed my dad. she deserves to get life in prison. a life for a life. >> with respect to the sentencing, 40 years total. >> reporter: 40 years. anita will likely be in prison until she's at least 80 years old. >> justice has absolutely been served in this case. >> i agree. robert cline can never come back. he can never hold his children. >> reporter: how important was this moment to you and for the
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memory of your father? >> it was the most important one yet, to know that my dad's name will not be dragged through the mud anymore, to let the real story show. captioning sponsored by cbs captioned by media access group at wgbh >> i usually have very strange dreams. i woke up, and it just startled me. i think kelly's hurt. >> i don't think she's clairvoyant. i think she's a killer. >> i was 19 years old.
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a guy came up. bam, he slammed a gun to my head, and he said, "i'm going to ( bleep ) kill you." i fought with everything i have in my soul to not have a toe tag at the end. >> we got him. >> it's you. from the cbs broadcast center in philadelphia this is cbs3 "eyewitness news". right now on "eyewitness news" a cold come back after some mild temperatures. wint weather is returning to the region. good evening i'm natasha brown. thank you so much for joining us. we might have a little bit of snow in our future as well. meteorologist lauren casey tracking all of this for us from cbs3 weather center. hey, lauren. >> natasha, after couple of mild days, 50s yesterday. upper 40 today's. the colder air is going to be building in. we do have little bit of a chance for snowstorm scan three
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showing us quiet condition right now clouds though still in place mostly cloudy conditions across much of the delaware valley and temperatures 47 degrees not too chilly but a bit of a breeze up around 12 miles per hour making it feel more like 36 degrees right now. we're at 38 down the shore. 31 pretty mild temperature for january in the poconos and we are going to be colder by tomorrow a few flakes possible so we'll talk about where we'll see the best chance of a few snow showers tomorrow afternoon and then bitter wind chills for everyone on monday. we're talking about waking up to wind chills monday morning in the single digits and we keep around cold sunshine through next week and windy conditions as well. i'll have all the details on this more win like forecast coming up in just a few. >> thank you so much. also knew at 11:00 o'clock tonight, a firefighter comes to the rescue while off duty. he was in the right place at the right time to save a man's live. "eyewitness news" reporter cleve bryan has more. >> reporter: 36 years on the job deputy fire chief joseph
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edwards isn't running up ladders any more but being a new year, he wants to get back in shape. friday he went to planet fitness in downingtown and less than 15 minutes a work out turned into first responder work. when a man collapsed on the treadmill in front of him. >> hit his head pretty hard. start to do bleed from the back of his head and was unresponsive. >> reporter: edwards had planet fitness staff call 911 and bring over their auto matedd external defebrillator. known as an aed. >> stay calm. follow these voice instructions. >> reporter: edwards put the pads on his chest didn't around of cpr until it was time to shock. >> right after you shock the patient, you're to do two more minutes of cpr and the aed will actually countdown how long you're doing cpr it will tell you one more minute to go. 30 more seconds to go. >> reporter: after two rounds of cpr and one shock, the victim regained a pulse. he went to brandywine hospital for further care and this morning called the fire company to thank edwards. >> his spirits were high. he had more tests to get done to
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see were was going on then hope for a speedy recovery report roar edwards says even though he was in the right place towhead help the man having an aed was the real lifesaver. >> the as soon as you have aed and smock the patient the chances of survival increase tremendously. >> reporter: the vick tacony-palmyra appreciates everything that was done for him because he's not feeling up to an interview. get this, he was former firefighter. cleve bryan, cbs3 "eyewitness news". well tonight a man is fighting for his life following a shooting in north philadelphia. police say a suspect shot the victim multiple times in the head "eyewitness news" on the 1700 block of egley street around 4:30 this afternoon. the victim is between 25 and 30 years old. he was rush to temple university hospital where he remains in critical condition. police have not made any arrests in many case just yet. hours i meg al vigil police arrest suspect in connection with a thanksgiving murder of
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ryan kelly in port richmond. the township-year-old was shot and killed on the 3600 block of almond street. today police arrested david ramos in frankford. investigators say ramos confessed to the crime. he's now charged with murder robbery and other offenses. also tonight we have learned the hyatt at the bellevue in sent city is one of 250 hyatt hotels hit by a recent data breach. hyatt says it found malicious software in the payment system at the hotel. they're now taking increased steps to increase security. hackers may have accessed customer's personal information between august 13th and december 8th. hyatt tells us the bellevue is the only hyatt hotel in pennsylvania affected by this breach. and 32 people meantime are displace to do night following an apartment building fire in yeadon, delaware county. firefighters pulled a woman from the building on the three hadn't dread block of north front street 8:30 this morning. no word yet on her condition. investigators say the fire sta
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started inside a third floor rear apartment and damaged 20 units. cause of the blaze is still under investigation. montgomery county's former da is expected to be a key defense witness at bill cosby's sexual assault hearing next month. bruce castor is expected to testify that he promised cosby would never be charged with assaulting a former temple employee back in 2004. a judge must now decide if that constitutes an immunity deal and throw out the case. new district attorney kevin steal says there's no evidence of a signed immunity agreement whatsoever. five americans who were imprison in iran are in the process of being freed tonight. the prisoners what happened was confirm shortly before it was announced that iran has met all measures spelled out in a landmark nuclear deal. we get the very latest now from cbs correspondent went die gillette. >> reporter: iranian state
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television found the saturday. is a swap of four americans exchange for seven iranians held or charged in the united states. u.s. state department dropped international arrest notices and charges for 14 ear rain yanns. >> four freed americans are washington post reporter, former us marine, american businessman and pastor who's wife spoke from boise idaho. >> iran straight for my kids and told my parents. then i call his parent. and his sister. they were all balling and getting calls. >> reporter: a student was released as part of a separate agreement. >> they should be on their way home to their families before long. >> reporter: the prisoner swap was announced hours before the united nations watch dog certified that iran has net met its commitments as part of the historic nuclear deal with sick world powers. >> iran has undertaken
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significant steps that many and i do mean many people doubted would ever come to pass. >> reporter: president obama signed an executive order lifting up s sanctions related to iran's nuclear program. that means iran can now sell oil on the open market. iran will have access to the global banging system and the country will recover $100 billion in frozen assets over seas. if it's discovered that iran is still moving ahead with nuclear program, the deal calls for sanctions to once again be um move. wendy gillette for cbs3 "eyewitness news". also tonight, rescue teams are expanding their search for 12 marines missing after a helicopter crash. two helicopters each carrying six marines went down off oahu north shore late yesterday. officials say high surf is disbursing the debris and complicating the search and rescue mission. the cause of the crash is still under investigation. entertainer cher is donating water to the residents of flint,
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michigan as that city struggles with a drinking water crisis linked to lead contamination. more than 80,000 bottles of water will be shipped to the city starting monday. officials in flint changed the city's water source for tap water in 2014 to save money. last month, it was revealed that the water was poisoned with le lead. now the cherry hill police department launch as very aggressive recruitment campaign. the department tes tested hundrs of officers candidates at cherry hill east high school today and there will be even more testing tomorrow. tell us more than 100,000 people -- 1,000 people that is signed up today the officer candidates took the written test. >> in light of the negative perception in essence that's been painted upon police recently to have 1200 people want to come out and still serve and become police officers is a extremely powerful message and the fact they want to do it here, you know, brings a lot of
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pride to this organization. >> officials invited religious and community leaders to participate in the recruitment process. trying to ensure a diverse group of candidates. now eagles fans meantime glued to their tv sets today watching the playoff game between the chiefs and the patriots seen right here on cb cbs3. if the chiefs lost, the birds could start finalizing a contract with doug pederson. lesley van arsdall joins us with the highlights. we're getting closer. >> getting closer and closer. baby steps. we still have a lot pieces of this buzz is toll fall into place right now. kansas city wept into this contest with 11 game winning streak but winning a playoff game in foxboro is very tough. pats lost just three playoff games under bill belichick. the patriots took care of the chiefs 27-20. ending kansas city's season so the eagles now have to fly doug into hammer out the terms of that contract aft the game chiefs quarterback alex smith talk about pederson and what he will bring to the novacare complexion. >> if that's the case happy for him.
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he's a real deal. really really good coach i think he'll ab great head coach if that's the case. has that quality about him. you know, that coolness, that, you know, can relate to players. i think he'll be great at it. so if it is the case which sounds like real excited for h him. >> after the game pederson declined to answers, he said i'll see in you a couple of days. once they hire him, who will be the coordinators, willing to keep pat shower myhr as offensive coordinator. sam bradford said he wanted shurmur to come back. we'll have to wait and see. >> i like how everyone says i don't really know. >> i know. >> nobody knows. >> exactly. >> copy us posted. thank you lesley. appreciate it. still to come tonight as the race for the white house heats up, hillary clinton's lead is shrinking. why some experts say the democratic front runner may be extremely vulnerable heading tomorrow's big dough bait. plus america's favorite panda cub makes his due debut.
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we'll show you more of little bei bei here. that's coming up. lauren. another bitter blast is just around the corner. i'll let you know when to expect wind chills only in the single digits. that's coming up much coming up
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welcome back everyone. democratic candidates take the stage tomorrow in south carolina for another presidential primary debate. meantime two of the republican front runners are exchanging fire on the campaign trail. >> who put donald trump in charge of the element. >> ted cruz cracked a joke about his closest rifle after getting stuck in an elevator on saturday but the battle between cruz and donald trump is serious. >> today they have another story where he forgot another bank, citibank, and he forgot. >> at an event in new hampshire trump accused of cruz of hiding a bone for citibank for his texas senate campaign aft cruz admitted he took out million dollars loan from goldman sachs. trump unleashed half a dozen tweets attacking cruz for his
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canadian birthplace. and for slamming quote new york values. >> donald has lot of nervous energy. >> the democratic race is intensifying as well. candidates are getting ready to face off in charleston, south carolina on sunday night. in the final debate before the iowa caucuses on february 1st. >> i met hillary 45 years ago this march. >> president clinton continues to campaign for his wife who faces unexpected challenge from bernie sanders. vermont senator is surging in iowa and maintaining an edge in new hampshire. former maryland governor martin o'malley will join them on center stage with time to connect with voters running out. clinton and sanders each booked on four sunday morning news shows including face the nation right here on cbs3. you can catch it tomorrow morning at 10:30. hosted by cbs news political director john dickerson. stars of the hit show property brothers offered home improve many tips in montgomery county today. jonathan and drew scott made an
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appearance at the first ever philadelphia home and garden show. many people came out to see them and asked questions at the greater philadelphia expo center at oaks. the twins spoke with our sister station kyw news radio about a special fan they met at that show. >> he just went through 10 brain surgeries, he had brain cancer, and he reached out saying out or show was a big part of his recover row because he watched every single episode while i was in the hospital and he wanted to come and meet us in person. >> nice to know you can inspire people with the show we dodge we're a little home fixer upper kind of a show. >> tomorrow is the last day of the philadelphia home and garden show. now volunteers joined forces for huge renovation effort in camden today. they cleaned out a building that will be the future home of camden sophisticated sisters drill team. "eyewitness news" at seventh and florence the camden sophisticated sisters has been recognized as one of the best drill teams in the united stat states. they can't wait to move into
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their new home. very nice. pandemonium today at the national zoo down in washington, d.c. bei bei the panda cub made his official public debut. and he's adorable. there he is. the cub was born august 22nd a twin cub born the same day has bei bei died soon after his birth. some people stood if line for hours before the gates even opened for their chance to see bei bei up close. >> my mom said what do you want to do on your birthday? i said go see the p and today. this is what i got. i had to open it at midnight. >> look at that little cutie. bei bei is still nursing and was kept in the panda house until today. there are only 1800 pandas left in the wild. culinary students in pittsburgh well they're crazy for crickets. students at the art institute of pittsburgh showed off a four course meal with crickets as the common ingredient. among the dishes served cricket pesto, cricket crusted beef, even toasted crickets, yum.
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>> if i had describe the flavor kind of nutty. you have to try it yourself. >> oh, boy. no thanks. crickets are rich in protein. i'll leave that to the -- >> i feel like it's something you resort to when you're lost in the wild or something. >> when you have nothing left to eat. >> give me that cricket. >> give me those crickets. i don't know. if you want to go to the restaurant for that. that's my opinion. >> not just yet. so not ready for the cold but it's coming? right. >> it's coming much we got a little taste of it earlier in the weekend. a bit taste into next week. we're used it to. broken out the layers, dusted off the winter coat and last night was a rainy night a mile night but we needed umbrella. doppler radar estimates over the last 24 hours, you have that rape moving in during the evening hours continued into the overnight period. pick up quarter to half an inch in most places closer to the shore picked up closer to an inch of rainfall and some spots. but now all is quiet on storm
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scan3. but we still do those clouds in place seeing a few break in the cloud deck over the last couple of hours across parts of southern new jersey. but we are going to see little coastal storm sneak by tomorrow that could bring a few of us a few flake but for right now the scene is quiet in center city philadelphia. temperatures not too cold. 42 degrees. little bit of a breeze kicked up around 12 miles per hour. so the wind chill temperature down to about arthritic degrees. we're at 40 in allentown. pretty mild conditions for january evening in mount pock know 31 degrees. we're at 40 in trenton. but colder air is up winds. temperatures in the 20s right now in st. louis. see that big bulls eye of purple and white. arctic in place across the upper midwest and we'll get a taste of that as we head into monday but for tonight, down to 33 degrees patchy clouds little bit less wind that breeze will die down especially after midnight. for tomorrow relatively light winds all throughout the day. mostly cloudy conditions, a few flakes flying by. 39 degrees so the cool down starts tomorrow. but we really feel that bitter
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blast as we head into monday. future weather showing us starting off with clouds tomorrow morning. kind of a mostly cloudy day. sparse sunshine. then as we head into the afternoon hours, that coastal storm kind of makes an approach and this particular model brin bringing a few snow showers in especially along the shore line there maybe parts of southern new jersey and we could see a few flakes sneaking into philadelphia and the surrounding suburbs. this will be a fast moving system and most energy and moisture does stay offshore. so again just a chance at a few scattered snow showers during the afternoon. mainly closer to the coast as we head into the evening hours, clearing out a bit and if we do see snow showers moving on in, accumulations are going to be really nothing or just a little bit advertised by our particular model the rpm as we head into monday, that's when that arctic air arrives. martin luther king, jr., day need to bundle up if you're heading out for any activities. 28 degrees mix of sun and clouds and then with those winds those wind chills are going to be down right bitter.
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fast forwarding to monday morning our projected wind chill temperatures down at 9 degrees in philadelphia. staying in the single digits throughout the morning. teens as we head into the afternoon and then back down to single digit feels like temperatures as we head into the evening hours. feeling subzero in the higher he will vagues on monday evening. so monday when that cold blast starts 28 degrees will be our defendant day of the season so far. we're still quite cold into tuesday as well. starting off in the teens. blustery winds. so those wind chill temperatures are just going to be brutal tuesday morning. 31 degrees the high temperature. we'll see a lot of nice sunshine but it is going to be cold sun soon with arc tuck high pressure in control even no thursday highs still in the 30s there. but, hey, it will be sunny. >> glass half full. thank you very much, lauren g do we finally have a head coach the eagles? we knew a couple days ago. worst kept secret. the wait is over for the eagles. they can finally sign doug


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