His lawyers argued that in 2005, then d. A. , bruce caster, promised that cosby would not be prosecuted in the constand case ever. And he made the promise to cosbys then attorney, the late phillips. And he said he had the Sovereign Authority of the state to do that. Deciding not to prosecute that would set off events to get justice for andrea constand. By promising not to charge cosby he could not invoke his fifth amendment right not testify and bring a civil suit. Caster went this route because he thought constand would not be credible in criminal court. Her behavior was inconsistent with a person who was sexually assaulted and caster seemed to say that no way the case would improve or get better with time absent mr. Cosbys confess and that doesnt mean that he didnt believe constand. I think she was inappropriately touched by mr. Cosby, but what i think and what i can prove are too different things. It was never formerly written down any where and the judge asked why it didnt get written down, if it was a formal immunity document that would be detrimental to miss constand and would be hard to succeed in a civil trial. As the hearing got underway today word came that a california woman dropped her lawsuit againsts could my, chloe goins dropped the case without explanation, prosecutors declined to press charges last month. We brought you live video from the courthouse in norristown all day at 6abc. Com, and right now you can get the full details at the hearing and see our coverage of the cosby scandal at 6abc. Com. The search continues at this hour for the drive their struck a woman and two children in south philadelphia today. The hit and run happened at broad and dickinson, that is where action News Reporter christie aleto is live. You spoke to a man that helped the victims. Reporter that is right reverend al earthquake morris was on a sanitation route when you saw the vehicle speed off and saw the woman and children lying in the intersection. When you see the Surveillance Footage youll understand why. Surveillance footage captured this driver barrelling into a mother and her two small children crossing dickinson at broad street. That car shot down here, i think it shot down here and kept going, it knew it did something wrong when it shot out there. Reporter he saw the moments after the crash and immediately stopped his city sanitation route to help. The little girl had abrasions on her face, a lot. All over her face but the little one right here, the mother, is on the ground im here to comfort you but i want to take your baby so you wont roll over on the baby and suffocate the baby. The surveillance shows the driver at 1 30 and they took her two small children to saint christophers. I would have went to the hospital with her, evidently god had me in the right place at the right time. The driver was in a red honda accord with a broken passenger side mirror. Anybody with information is asked to call police. Thank you. A School Police officers missing gun prompted the lockdown today of a school in kensington in philadelphia. The officer at Kensington Urban Education Academy called police at 10 00 telling them they thought someone had stolen the gun from his unlocked vehicle and as a precaution they put the school on lockdown and with the all clear the school dismissed early. Police have not said if they located the gun. This is a day of destiny for the son of chaka fattah. Chaka fattah jr. Was sentenced to prison. Reporter chaka fattah jr. Got five years in prison and was handcuffed and hauled away. And the judge said greed and hardness of heart controlled your actions. He was convicted of swindling the irs and businesses. All in support of a lavish lifestyle to the tune of 1. 1 million. Fattah jr. Told the judge i have been a law abiding citizen my entire life, i didnt know anything i was doing was a violation of the law and i dont think i can survive an incarceration term but ill do my best. The judge responded saying you had opportunities that people only dream about, he was sentenced to paying restitution of 1. 2 million. Chaka fattah sr. Maintains it was political motivated and his son is being railroaded. He will be appealing his entire case. Believe in our system of justice and i think it will be extraly important now that we have a chance analyze appropriately whether this was a first set of charges and if the investigation was handled properly. Chaka fattah is set to stand trial in the spring for misuse of Charity Money and donations. Vernon odom at the federal courthouse in center city. A trial date is set in the case against attorney general, kathleen kane, its set for august 8 and in norristown. She faces charges for allegedly leaking grand jury testimony to the media. Kanes law license is under suspense and the senate is considering removing her from office. An attempted theft in claymont delaware ended with a suspect in the hospital today. A man noticed someone tampering with his gas tank at 6 00 this morning on compass drive, the vehicles owner confronted the suspected thief and that led to a fight and Police Arrived to find the suspect unconscious, no charged have been filed. A Delaware Supreme Court judge halted all trials and penalty hearings in capital murder cases, the order will stand until state Supreme Court decides the constitutionality of delawares Death Penalty law. Even though there is no agreement yet for a budget this year, pennsylvania governor, tom wolf, will ask the legislature for another 200 million for Public Schools in next years budget. For this fiscal year the house and senate agreed on a 365 million increase in aid for education, it would bring state aid for Public Schools to 6. 3 billion and Governor Wolf will delivered the Budget Proposal to the Legislature Next week. The Mail Distribution Center in center city. The comptroller revealed that the city did not send out thousands of pieces of mail on time including bills and Parking Authority citations that means hundreds of residents were fined for late payments that were not their fault. The Controllers Office is now compiling a data base of people affected. Coming up tonight a south jersey waitress that is used to serving others has the tables turned on her today for a very important birthday. And a father and son from philadelphia win the trip of a lifetime to super bowl 50. Ducis rogers has their story. A strong storm moving in brings us heavy rain and record warmth that could cause flooding problems. Ill have the details in the accuweather forecast. From our delaware news recommend governor jack markell recognize the the Delaware National guard for their work during the blizzard two weeks ago for escorting doctors and nurses and helping with the vacations about 300 soldiers and airmen were called in to help. New at 6 00 in Burlington County today they held a Birthday Party for a very popular young lady. Nora muchanic has that story from west hamilton. Every weekday for the last 13 years, waitress Kathleen Walsh arrived to work the lunch shift without fanfare but this day something different. Was just so surprised. Because walshs coworkers wanted to celebrate a big milestone in life, her 90th birthday. Its fabulous. All of these people could come out for my birthday a great grandmother with eight children, she is the oldest of applebees 4,000 employees. People wish she was their grandmother. She is really sweet and does her job and does her job and is really a great person. At age 90 Katherine Walsh works fiveday a week partly because she has to and partly because she has to. Its part of life, im part of life and part of living and out every day. And i have a purpose and i enjoy it. And her loyal customers love her. She is such a doll, she is friendly and helpful. For her age, she certainly is quick. She is fast on her feet . Yes i wish i was. As she blows out the candles and opens cards and gifts, Katherine Walsh reflects on staying young. Its just being with people. And even though she is 90, she has no plans to retire. Maybe ill have another five years . At least. Nora muchanic, channel 6 action news. Whether or not the flyers make the playoffs could be determined in the next two weeks. Yes they have a lot of games in a short period of time against good hockey clubs. Hockey goalie, steve mason calls it an important stretch for the team. Michael is out 7 to 10 days with a lower body injury. They play the Montreal Canadiens and the way the schedule is laid out they need to win games now. Imagine if they had not gotten off to the horrible start. We fought the uphill battle the rest of the year, we are doing a good job as of late and there was a slide there but well come back strong and we have faith in the guys in this room here. Super bowl week continues as we head towards broncos and panthers, the players and coach his a day off all except the starting quarterbacks. That is where this team is different. You know because the playmaking ability is a majority rather than a minority. Its a great matchup of two great teams the broncos and the panthers, but talking about cam newton he was the number one pick and an outstanding career at auto born and like i said yesterday he is off to an incredible start. Football is king in the United States but for one man football is more than just a sport its a miracle to give back to the community. Here is felix augustos story. Reporter he came back to philadelphia knowing he needed an outlet, from the streets, he created mvp 360. A nonprofit Sports Program to help kids overcome lifes obstacles. I hope it give them hope its not the way they see it when they step out their door. Some kids are in the middle of gang territories, and crimes and sometimes that gets into your brain and you think that this is the way the world is. And the nfl takes notice, augusto won a contest and free trip to super bowl 50. Its unbelievable to me and i wont feel it until im actually there. I never thought i would be going to the super bowl. For felix jr. His first nfl game, a once in a lifetime experience for a son that almost didnt get a chance of life. He was 1 pound 7 ounces. He was born at 21 weeks and he was told by doctors he would in the make it. The only problem now is trouble with his feet that acts up when he plays sports. I started to take pictures and apparently they were good. And i pretty much stayed every since, its the way our relationship grows. And to him its natural and he is really, really good at it. He is not only my son but almost becoming a partner. And now he and his partner will go together to make memories on the grandest of stages. Felix uses a lot of his own money to get the program going, there is a link on our website at 6abc. Com. Thank you ducis. Cecily tynan has the accuweather forecast when we continue in just a moment. The centers for medicare and Medicaid Services recently asked patients to rate the quality of over 3. 500 hospitals. Fewer than 6 received 5 stars. Among them was Cancer Treatment centers of america in philadelphia. Cancercenter. Com slash eastern. Wash out tomorrow but not cold. It could cause problems with the flooding with the snow melt. Stormtracker 6 live double scan showing we have quiet conditions out there tonight and did you see it . The sunsetting at 5 21 and this is sent in by william from oklahomawood beach, salem county, new jersey. Just enough cirrus clouds to make the sunset interesting, a gorgeous day and temperatures on the warm side. 47 right now down from the high of 53, that is 12 degrees above normal and allentown 40 and millville 42 and Atlantic City airport 39 and wilmington 47 degrees. Satellite 6 along with action radar showing we are already beginning to see high, thin clouds from the west ahead of the storm system. This is a powerful storm from the midwest, and they can handle that and Severe Weather from kentucky down to the gulf coast where we have tornado watches and the whole system is sliding to the east and that means we have a warm front to deal with tomorrow morning and then a cold front. The cold front has the bulk of the moisture and a few showers near down especially west of philadelphia and areas of fog late tonight as well and be careful tomorrow morning and 41 for center city and timing it out, 8 00 in the morning i think the fog is the main concern, just some scattered showers and no real organized precipitation and temperatures in the 40s and average high for this time of year is 41, and by lunch time, still the steadiest precipitation is to the northern and west and 59 in philadelphia and the afternoon evening hours, this is when we get the soaking rain and by 3 30, the northwest suburbs we are in it crossing the i95 corridor and this system by midnight with a few lingering showers and the problem though is the fact that we have the snow melt on top of the warm temperatures and that will cause some potentially flooding conditions and the flood watch is posted and all the counties surrounding the i95 corridor to the north and west and this is where we have the snow pack the steadiest and heaviest rain, and the flood watch continues until thursday at 5 00. This is what we are looking at as far as flooding, we are getting the storm system more than a week before the system. We are looking at minor flooding, tomorrow late in the afternoon the streets will be localized flooding where you dont get the drainage and the small creeks and wednesday night in thursday could have flooding on the schuylkill basin. The low level jets and winds about 5,000 feet up, up to 70 Miles Per Hour. Where you get the heavy precipitation it could bring heavy wind gusts up to 45 Miles Per Hour at the surface. The exclusive accuweather forecast rainy and windy and warm, record warmth, 66 degrees and behind the system breezy and cooler and the sunshine is back and back down to 46 on friday and the weekend is looking nice and saturday partly sunny and 51 and friday mostly sunny and 49 and temperatures drop next week on monday and tuesday 40 and the potential for a coastal storm developing on tuesday and right now the track the strength to be determined the main concern the immediate problem tomorrow with the possibility of localized flooding. I see you talk about a storm a week in advance, i get worried about that . Potential. You dont have to shovel potential. That is what you said about the last one. The Atlantic City boat show officially opens to the public tomorrow. Organizers were busy settle up at the Atlantic City convention center, more than 400 boats are on display for the luxury sailing yachts to performance boats, and they are showing its latest in marine technology. It kicks off tomorrow at 11 00 and runs through sunday. Abc world news is next on channel 6 and action news continues at 10 00 on phl 17 with brian taff, sharrie williams, adam joseph and ducis rogers. Please join us at 11 00 for action news here on channel 6. For cecily tynan, ducis rogers and the entire Action News Team im jim gardner we hope youll join us at 11 00. At wegmans we believe the best way to help you is to provide choices that offer you the best prices, quality and selection. Wake up with wegmans family pack 1,2,3,4 you can save 30 or more. From tasty energy bars to creamy and delicious yogurt. Let us help you find that perfect balance of size savings. How can you save 30 or more . Sfx finger snap wegmans family pack. We do it because were family too. Tonight, the new threeway fight. The candidates already on the ground in new hampshire, and so are we. Ted cruz, donald trump and marco rubio in a heated battle now after iowa. And trumps new message tonight. And Hillary Clinton declared the winner, but just barely. Were live in new hampshire. Also breaking, the major storm tonight. Blizzard warnings, reports of tornadoes. A large and dangerous tornado just moments ago. 340 miles of interstate shut down. Alerts from new mexico to michigan. And that system, moving east tonight. New developments in the case of a 13yearold girl kidnapped and killed. Two College Students charged. Police now revealing how she died. The new warning tonight about zika, and the Troubling Development about a case in dallas. And the midair explosion. The blast, moments after