Jim. We know the jury was having hard time deciding because they kept asking to see the interview video with david dj creato the morning that his son was reported missing. So they were really trying to look into that video for answe s and ultimately a jury of 12 people could not decide together on whether or not he was guilty or innocent of killing his son. Now the jury got back to work this morning at about 9 15 and then by about 10 45, they came back to the judge to tell them they just could not agree. All 12 of them not able come up way unanimous decision. Much of the this case was circumstantial evidence. Knowing that david dj creato was the only known person to be with his son brendan back on the morning he was found dead and also seeing in a long series of Text Messages that dj creato was having a lot of trouble with his teenaged girlfriend at the time who didnt like being around his son. However there was no evidence presented that linked dj creato to the crime scene where little brendan was foundling the cooper river back in october of 2015 and after speaking with dj creatos attorney he thinks the lack of evidence is ultimately what led to a hung jury however this jury another jury could have another crack at this. I have the advantage now of getting to see the way that they put their case on, um, i think i can change more than they can change to handle this case and, you know, well review the transcripts. Well listen to the audio and look at all the evidence again and well decide. But i think it will be foolish for me to discuss what my strategy would be a Second Time Around and give anybody that advantage. Reporter the Camden County prosecutor that was handling this case Christine Shaw did not offer any comments as she walk out of the courtroom today. Also little brendans mother and her family kept quite as they were walking out. Now july 5th is when theyll have a status conference and talk about whether theyre going to retry this. Will it be here in Camden County . Will the charges be the same . We dont know those things yet. Only thing that we know is that richard the attorney for dj creato says hell try and get a bail reduction so that dj can go home. Live in camden, cleve bryan, cbs3 Eyewitness News. Thank you for that update, cleve. Meanwhile breaking news. Chopper three is live over the 200 block of heritage road in cherry hill where two officers have been exposed to what is believed to be heroin in a home on the 200 block of heritage road. The officers were responding to a call of a dead female at the home. The officers were rushed to Cooper University health care as a precaution. The incident remains under investigation. Stay with Eyewitness News for updates as they become availab available. To a developing story that were following this noon. Philadelphia police have what appose to be a very complicated investigation on their hands. A sevenyearold girl was discovered by her own mother in the basement of their olney home with a bag over her head. Our joel holden is live in the 5500 block of olney with more on what happened. Good afternoon, joe. Reporter jim, good afternoon. Right now that sevenyearold girl is listed in extremely Critical Condition in the hospital as you said her mother discovering her in the basement with that plastic bag over her head. Lots of questions. Few answers right now. But i can tell you police were already here and heres how that story begins. Officers have been called to this location for a woman reporting that her car had been stolen in the 5500 block of north american. The owner of the that car the sevenyearold Mother Told Police she believes her 18yearold son somehow factored into the stolen car. Police began to question the woman who were told went inside her home for more information related to the car and returned with her sevenyearold in her arms the child wasnt breathing according to pleaches the mom allegedly told officers she found the little girl in the basement where she had a plastic bag over her head which the mom removed. Officers initialed cpr the child was rushed to einstein hospital. He heard screaming and he came out, and the cops were giving the little girl cpr. After that i know they took her to the hospital. At this time we dont know how this sevenyearold child came to have a bag over her head and became unconscious. Were not certain right now if this was intentional act or if this was a crime or if this was just an accident. Reporter right now, Philadelphia Police are tight lipped about the details. Though our sources tell us that the investigation is moving forward. Critical point there made by the chief inspector is is this a crime or could this possibly be an accident . We are working on unraveling those details and we will see you back here with the latest on this developing story starting on Eyewitness News at 5 00. Were live in olney section of philadelphia, im joe holden, cbs3 Eyewitness News. Jim. Lots for to come, thank you joe. Opening statements have begun in the trial of 53yearold lee kaplan. Hes the feasterville man accused of sexually assaulting six sisters. Eight men and four women were selected to sit on the jury in Bucks County Court yesterday. Investigators found 11 girls in kaplans home last summer. They included a 17yearold girl allegedly gifted to kaplan by her parents. The parents face sentencing on endangerment charges. Police in washington, d. C. Arrested a pennsylvania man from erie county this morning Trump International hotel. Authorities say they found him with a handgun and assault style rifle and ammunition in his car. 43yearold brian moles of edinboro, pennsylvania, was located in the hotel and he was arrested and arch charge with carrying a pistol without license and possession of unregistered ammunition. Now washington Authorities Say they were made known of moles whereabouts thanks to Pennsylvania State police. Agency reached a tip that moles was allegedly heading to the Nations Capital armed with weapons. Cbs news has confirmed President Trump is expected to pull the United States from the paris climate agreement. The president tweeted that he will make a formal announce many on the decision over the next few days. The 2015 deal made during the Obama Administration included 200 nations who agreed to possible volunteer reduce their Greenhouse Gas emissions in and effort to combat climate change. Details on just how the u. S. Will withdrawing from the agreement are still being work out. At least 90 people are dead in afghanistan after a car bomb explodeexplodes in the secure Diplomatic Area of kabul. The attack happened during wednesday morning rush hour se sending a huge plume of smoke over the afghan capital. So far 400 people are reportedly wounded. The taliban has denied responsibility for the attack. Authorities say this is one much deadliest attacks to hit the capitol in recent years. Well we told you yesterday about the first nonstop flight taking off from philadelphia to iceland. Well, the plane never reached its destination. Those passengers are now hoping to leave boston at 4 30 this afternoon. Eyewitness News Reporter jan explains what went and how passengers are coping. Reporter tired and frustrated passengers from iceland air flight 828 unexpectedly found themselves in boston this morning waiting in long lines for hotel vouchers. After their night to iceland was grounded because of technical problems. Iceland air spokesperson says flight attendants and passengers alike in the rear of the plane smelled a light odor like kenning it to the scent of rubber. My friend and i actually had the seats in the back row. The problem seemed to be coming from the back of the plane and there was a weird smell when we got on to the plane. I just equated it to the bathroom. Reporter pilots check it out and over canada about two and a half hours into the flight they decided to turn the plane around and have the problem check out by safety inspectors. Meantime passengers were left wondering exactly what wept wrong . There wasnt anything really weird about the plane. Maybe a little bit hot. I wasnt sure if that was an airconditioning issue. It was a very relaxing flight. Reporter the mood this morning a hard turn from tuesday evening. Officials from both iceland and philly celebrated the first direct flight on iceland air from philly to reykjavic on board the failed flight mayor kenney. He spent the night in boston like the others. I spoke on the phone with one passenger from lancaster pennsylvania trying to get to iceland for a conference. People are tired and a little worried, but for the most part its calm. Nobody is yelling or screaming or anything. Reporter phl airport regrets the significant inconvenience to these passengers. Officials also go on to say they continue to work with island air to ensure all future travel goes smoothly on this new route. At phl, jan carrabeo cbs3 Eyewitness News. Coming up backlash and apology why Comedian Kathy Griffin is apologizing for a video of a photo shoot that got leaked. Its so controversial president President Trump called it sick and its affecting his children and the president has gone on twitter rants before but his latest tweet has many people scratching their heads and others making tshirts and license plates. Well explain when eyewitness ive got a nice long life ahead. Big plans. So when i found out medicare doesnt pay all my medical expenses, i got a Medicare Supplement insurance plan. [ male announcer ] if youre eligible for medicare, you may know it only covers about 80 of your part b medical expenses. The rest is up to you. Call now and find out about an aarp Medicare Supplement insurance plan, insured by unitedhealthcare insurance company. Like all standardized Medicare Supplement insurance plans, it could save you in outofpocket medical costs. Call now to request your free decision guide. Ive been with my doctor for 12 years. Now i know ill be able to stick with him. [ male announcer ] youll be able to visit any doctor or hospital that accepts medicare patients. Plus, there are no networks, and virtually no referrals needed. See why millions of people have already enrolled in the only Medicare Supplement insurance plans endorsed by aarp. Dont wait. Call now. Donald tmeet phil murphy,by former Goldman Sachs bankers. Another wall street banker running for governor, whose firm helped trigger the financial meltdown that put millions out of work and out of their homes. Murphys trying to buy the election, paying off new jersey bosses. My names john wisniewski, and im running for governor of new jersey. John wisniewski, the son of a millwright, who uncovered the bridgegate scandal and exposed Chris Christies corruption. The choice insider wall street politics or main street, new jersey, values. Welcome back. Major backlash and apology after Comedian Kathy Griffin appeared in video in which she appears that shes holding President Trumps bloody severed head. The president even tweeted about it this morning. Correspondent henna daniels has the story. I went too far. I made mistake and i was wrong. Reporter in apology video posted on twitter, Kathy Griffin is begging for forgiveness after images of her holding the severed head of President Trump surfaced on social media on tuesday. Image is too disturbing. I understand how it offends people. It wasnt funny. I get it. Reporter it all started when celebrity photographer tyler shield released this video from their photo shoot of griffin blankly staring up at the camera and slowly lifting up what resembles the head of donald trump for all to see. During the photo shoot the comedian was unapologetic. Tyler and are not afraid to do images that make noise. The president responded in tweet saying Kathy Griffin should ashamed of herself. My children especially my 11yearold son barron are having a hard time with this. Sick bipartisan backlash over the photos was fierce and swift yesterday. Chelsea clinton tweeted this is vile and wrong. It is never funny to joke about killing a president. Anderson cooper worked with griffin muddle tell times wrote for the record im appal by the photo shook Kathy Griffin took part n it is clearly disgusting and completely inappropriate. The secret says says its investigating. Tweeting in part threats made against secret service protect tease received the highest priority. Hannah daniels, cbs3 Eyewitness News. Well odd tweet by President Trump has lit up social media witness question what is covfe covfefe . And how do you even say it . Around midnight the president wrote despite the constant negative press and then the word covfefe, of course, thats not a word. Whatever it is it began trending worldwide only in america. Somewhere in california, someone had it printed on license plate. Tshirt web sites are offering covfefe tshirts. The tweet has since been delet deleted. The president seems to have a sense of humor about it typo this morning he tweeted, quote who can figure out the true meaning of could covfefe. Enjoy. Well, still ahead on Eyewitness News. Nasa is planning a mission to touch the sun. You heard it right. Well tell you how they plan to do that coming up next. Meisha. Theres popular convention coming to pennsylvania this weekend and many are excited bun within the convention walls theres an awesome story to be sold told one we can all learning something from. Thats coming up katie. Meisha, looking ahead here to weekend that may once again feature unsettled weather especially leading into sunday. I think right now because thats when our next storm system will be looming but it doesnt mean saturday is out of the woods at least well have the warmth on our side with daytime highs in the mid 70s to about 80. Much more on this forecast but brighter spots in it . Ill let you know that entire story right after the brea nasa has announced its First Mission to touch the sun. The solar probe plus will dip into the stars surface while hurling around the sun about 450,000 miles an hour. Thats the equivalent to traveling from philadelphia to washington, d. C. In one second. The probe will also collect data to help forecast major space weather events that impact live on earth. Nasa plans to send the probe into the suns atmosphere as early as next year. Wow i knew this would be your favorite story of the day. Of course. Absolutely. My goodness much look at that. Science geeks of the world unite. You know how hot it is on the surface of the sun . You know would you like venture a guess. I use 50 sunblock. I dont want to get closer. 10,000 degrees fahrenheit. I would melt. How are you going to get something actually there that wouldnt disintegrate from all that heat. Protective coating. Teflon. Teflon like my hair spray it will get through anything. All right. It is very bright outside right now. Yes. Dont expect it will last forever but at least were looking i was towed really nice weather both tomorrow and frid friday. For the most part there are hiccups along the way too we have to discuss and that comes in the form today of shower or thunderstorm. At this point its looking like even if there are any thunderstorms that fire up they can get a little feisty and ill explain. Jim likes that word. Lets take you outside show the view on the storm scan3. Look at that. This is not just the radar also your satellite composite look how the clouds are beginning to thin. Delightful sight. We have not been able to able to enjoy the sun too much as of late. Only had it for a couple of breaks throughout the course of the weekend morning, for example, but now were at least catching a break over the span of at least a day and a half. Today isnt necessarily out of the woods. When it comes to any wet weather or storm chances. You can see that definitely being true back towards really just leading up to the edge of the appalachians here. With time well also get our fair share of scatter the or showers or thunderstorms firing up. All courtesy of the stationary front thats stuck in place and until that gets oat out of here we remain in that unstable zone. Now today Severe Weather threat for the most part is going to go into new england but we are still win that marginal range and its always important to note that marginal on the totem pole of Severe Weather cat gore zig is the lowest. Its worth a mention here. I would say if any showers or storms turn locally strong they would bring with them the biggest threats of heavy downpours brief but heavy. Maybe some very gusty wind or small sized hail. Looking ahead to future weather, this tells the story. Everything thats going to be out there is very very squattered. If youve got enough sunlight that could get in instability going even more so and thats why weve got to worry about that possibility of a heff re eighty three thunder storm. That might even be true just as the sun is going down and northampton county, for example. So keep it in mind if you hear thunder head inside but it will be very scattered in nature. Then tomorrow, were actually going to wake up to nice sunrise for a change. Wont that be nice . Lookin log ahead though it also feels a lot better. Today is not too bad. But you know when youre talking about comparison from one day to the next, tomorrow is going to feel just refreshing outside. It will still be nice and warm. With sunshine but that lower humidity just makes it a bonus. Outside we go to couple of live Neighborhood Network shots. Here in pal my rah cove nature park overlooking center city skyline you can actually see it after the fog we had earlier in the day. Meanwhile the kids out playing soccer here at Kutztown Middle School and that sun piercing through the clouds finally. Currently in the low 70s well rebound with time here i think to about 80 degrees so nice warm day but again more sun we get the more unstable the atmosphere so weve got to watch for shower or storm and thursday and friday overall looking pretty good. Looks good to me, thank you katie. Today were meeting a super hero like no other. Meisha is here with love it. Meisha. Well, jim, comicon is back in town this week at the Pennsylvania Convention center. A multi genre comic convention for diehard enthusiasts. Thousands will attend and when you youve got a large platform like this theres an opportunity to do some real good. Through the hustle and bustle crowded conventions, its hard to hear the stories through the noise but in todays love it one is louder than the rest. Marvel and d. C. Comic are a different david petey knows a thing about compelling characters having worked on great such as batman, wonder woman and xmen but now theyre focusing theyre talents on something even more special. Joining forces with talented artist theyre create agnew super hero with a very inspirational story. His name is focus and the key to his super power is the result of some might consider a disabili disability. Focus is autistic super hero and is super power pre cognition. His extra sensory ability to focus he can see future events in real time. The idea came from her work a anthropologist. Spending a year studying autistic families and already i can tell you focus is becoming a real hit. So in essence his perceived disability is actually the key to his super power. While focus is still in development, the creators say they hope the comic will empower autistic individuals and anyone with a perceived disability to realize that they can be and are every day heroes. Very nice. How awesome. Where do you find these things. Great story. Isnt that so awesome. Sesame street recently doing the autistic thing. I love it. Bringing everybody together. Absolutely. Nobody feels outside that bubble. Absolutely. All perception. When we embrace our unique gifts, its powerful. Way to shed light on real super powers comicon. Were loving it. Just in case do you hear or see anything that youre loving, send it my way on twitter at meisha cbs3 or facebook meisha p johnson. Were making a differe well finally this noon it could be one of the odd defendant traditions in the world. Annual cheese rolling contest in he know land. Yes, grown men and women chase cheese down a steep hill. Whoever gets it first is the winner. Theres a mens winner, womens winner. Many people with broken bones much the first evidence of this weird tradition dates back to 1826. Some say cheese rolling started long before perhaps as pagan ritual. Its so odd. Whatever floats your boat. Thats Eyewitness News at no noon. Im jim donovan, rahel solomon out on assignment. For meisha and katie. Or roll your cheese role. Eyewitness continues at 5 00 and were always online at cbsphilly. Com. 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When this comes out, son, your mother will be devastated. Nick were all gonna be hurt by this once the truth comes out. But Chelsea Victor do you honestly think youre doing chelsea a favor by finding chloe . When you do find her, itll create a rift. Nick all right, just stop trying to pretend you care about anyone being hurt by this but yourself. Victor we just agreed as a family not to let the story come out you dont mind betraying your family, do you . [ receiver slams ] nikki they found chloe, didnt they . Chelsea oh, no chloe chloe, wake up chloe, wake up. Chloe oh, god. Oh, my god. No. Oh, god, no chloe, wake up chloe, wake up