pistorius of manslaughter, known as cull recall homicide in south africa. said the paralympian was neglect, used excessive force when he killed his girlfriends, reeva steenkamp. the track star testified he thought he was shooting at a home intruder when he fired four shots into his locked bathroom door. >> therefore in the position of the accused with similar disability would have for seen that possibility that who ever was behind the door meeting killed by the shot. >> on thursday the judge cleared the double amputee of murder saying prosecutors did not provide enough evidence to prove his tore just intend today kill steenkamp. tina krause, cbs news. >> back in police custody in ohio, this is just hours after he escaped a county prison. tj lane pleaded guilty last year to shooting five people at a suburban cleveland high school leaving three students dead. he and two other inmates broke out of the allen county correctional fast ill at this, all caught, back behind bars. >> respiratory illness has sent 12 children to the hospital in delaware, and there are concerns it could be enterovirus 68. >> the enterovirus outbreak has sickens more than nearly a thousand children in about a dozen states. most in the midwest. health officials sent samples to the centers for disease control to see if those children in delaware have enterovirus. experts say the start of school is likely helping spread the disease more quickly. >> secretary every state continues for international support in the fight against ice us. >> lawmakers on capitol hill are weighing aspects of president obama's plan to degrade and ultimately destroy the terror group. cbs news correspondent michael bert has more. >> john kerrey in the middle east work to go build global coalition to support us-led efforts to defeat isis ill mantes in iraq and sewer y he space 40 nations have already pledged to help. but, in a interview with cbs margaret brennan, kerrey stresses the us is not getting into a war with isis. >> i don't think people need to get into war fever on. >> this i think they have to deal with as heightened level sending 475 more troops to iraq, expanding air campaign against isis forces cents there. unmanned drones are conducting surveillance overseer ya, where the us could strike next. lawmakers had close door briefings on the plan yesterday. pentagon wants congress to approve $500 million to be in training as syrian opposition. republican house speaker john boehner said the isis threat is real and i am meant. >> frankly, we ought to give the president what he is asking for. >> but, some democrats are worried the weapons could end up in the wrong hands. >> i don't think that a strategy to take on isis necessitates us getting involved in the syrian civil war. >> congress is expected to vote on the president's request next week. in washington, michael bert, cbs-3, "eyewitness news". just past 5:33, let's get traffic and weather together. >> nice start to the day out there, erika, good morning, everybody. things are nice and comfortable as opposed to what we were dealt yesterday. little sticky outside. did eventually brighten up, get more sunshine it, got hot out there. then we had cold front crossing through, that front still making its full retreat, if you look closely, obviously see few speckles evergreen out, there just next to our cbs-3 logo, but it is all out of here at this point. so we continue to clear, any spot that still has some clouds, say, like at the shore points, through central delaware, you will eventually end up with sunlight. and it is just going to be beautiful afternoon as a result here. look at your current winds. i mean, that really is the key here. when the wind flow turns northerly, it means, that not only of course are you getting a drier air mass coming in, but a cooler and more crisp air mass. so little breezy, i'll give that you, but not what i would call windy. there is definitely a very fine line. so it feels good outside. currently, though, that is little cool frankly, outside bethlehem high school. 58 degrees for you there. sixty in doylestown, your outlying suburbs definately the coolest spots as you might expect. specially when you go further north. let's talk rain chances the next couple of days. overall not bad. clearly one every these not like the other, however. saturday is the day where we start to see the next system moving through. i can at least report it will move through pretty quickly, so it is only going to generally be a midday issue. it is cents an once and done, and then it is out of here by the second half of the weekend, so today looks good. sunday looks good. just saturday, that does pose a bit of a problem if you have outdoor plans, vittoria, over to you. >> thank you, katie. gorgeous weather is giving me a craving for light leather jacket tonight. >> oh? >> i'm already starting to plan out my outfits. anyway, if you are planning your commutes, outside, what you are looking for? looking pretty good. westbound side making your way beyond south street, headed down towards the vine st. expressway, traveling in the opposite direction, no major problems. not just around here this part of the schuylkill expressway is also if you are traveling through your western suburbs, no problems just yet. we take a look at the 42 freeway, make our switch into new jersey, you will notice that northbound we do have the headlights here, seems we might have vehicle on the shoulder there, but not causing too much after problem at all. not seeing this morning rush just yet. but when that sun comes up, this will definitely be there. so note that this morning. southbound 42, you are in the clear. no major problems on the atlantic city expressway, garden state parkway. however, 295 northbound we do have accident at center square road. be minds full of. that will speed censors all over however not only in new jersey but back to pennsylvania in the 50's. fifty-five on 95. fifty on the schuylkill, 55 on 476, and no major delays at the airport or for mass transit. >> torrey, thank you. time 5:36. in business news this morning, how many pre orders does apple expect for the new iphone? >> confrontation between the us government and yahoo. mooney watch's jill wash joins us for those stories and more. good morning. >> good morning, ukee, err care some insight into the government high tech spying operation, yahoo says it wants a court to fight the government after it asks for internet communications of foreign yahoo customers back in 2008. the government threatened yahoo a fine of $250,000 a day, if it didn't comply. yahoo ultimately lost the case, all revealed yesterday when federal court classified documents. here in wall street, investors will be watching as commerce report releases new numbers in august retail sales this morning. yesterday the dow lost 19 points, the nasdaq finish five points higher. you can now pre-order apple's newest iphones. iphone six and the iphone six plus, went on sale at midnight pacific time. >> this could be the biggest launch in apple history, to get ready, apple's on line store actually went off line for few hours beforehand. apple reportedly asked manufacturers to produce 80 million phones by the end of the year. that's 30 to 40% more than previous models. and if you you have ever wanted one of your facebook posts to disappear, here is your chance, facebook is test agnew feature that lets users schedule expiration times for posts so they would range from one hour to seven days, pretty much for ukee and erika some of the post it is you are selling concert tickets, or traveling. so you don't really need them after a couple every days. >> i got you. >> okay, never thought that up on my own, but makes sense. >> it does, it does. >> or could you just delete it, right? i mean, isn't that -- >> crazy. >> click. >> thanks, jill. >> too certainly, jill. >> appreciate t favorite beer might be getting more expensive, experts say, too much rain in states that produce barley is making it unsuitable for brewers. businesses have been warned to expect price increases for malt likely price increase won't hit consumers until sometime in next year. >> south jersey a football program leading the way to help prevent concussions on the field. shawnee high school football coach tim, ensures his players are safe. they don't tackle during practice. only on game day. the coach says injuries all around have decreased drastically. >> that's good to hear. got to do something. >> gets them so young playing football, and the injuries stay with you for life. >> caught on camera, pair of children struck by a car. coming up this morning, what police believe caused this accident, and how the children are doing this morning. >> plus, a raging fire breaks out at a factory forcing surrounding homes to evacuate. we have more of this inch controlled video, we will slow it to you coming up. katy? >> erika, today end up being a nice day, the problem is the nice weather doesn't last us all weekend. so, we will be tracking a new system, we will do that for you coming up. also, talk a little weather 101. it is cents that time. talking fog this time around. stick around, we'e'll have all of the details on the other mmm! ring ring! ring ring! progresso! you soup people have my kids loving vegetables. well vegetables... shh! taste better in our savory broth. vegetables!? no...soup! oh! soup! loaded with vegetables. packed with taste. and now try new progresso chili. slow-simmered, homemade taste. breaking news, oscar pistorius guilty of cull recall homicide, basically negligence in the shooting death of his girlfriends last year. the judge just revoked his bail for now. >> also, a developing story right now, a dozen delaware children are sick with a respiratory illness and authorities want to know if it is enterovirus, sickens nearly thousand children in about a dozen states. >> nineteen year old tj lane is back in custody, the teenager killed three students in 2012 a high school shooting, he and two other ohio inmates were captured after a jail break. close call for more than two dozen toddlers at jersey city day care center. they were accidentally served a mixture of bleach and water at snack time children ages 14 to 19 months taken to the hospital as a precaution, day care executive say it was labeled bleach and water on one side and milk on the other. >> parents were noticeably upset. >> just upset with the negligence, that's it. >> what was your first reaction. >> ran to the hospital. >> just who is at fault for the mix-up. luckily all of the toddlers are doing fine. >> so many best fell on roof forcing firefighters evacuate nine families. fire officials say two businesses occupy that building, two firefighters were treated for heat stroke. 1400 homes are without power. >> 5:43, checking in with katie and learn a little bit about fog. >> yes, we like to learn on a friday morning here. you know, fog specifically at this time of the year, the transition between summer and fall, this is about the prime time. where we see fog form very often. so, what caused it? how do this -- does this actually happen? more than anything you really just need the right ingredients. so you want moisture on the ground. either coming from recent rainfall, a boyde of water, so a lot of times see fog form along river bed, and obviously have of those in this area, meanwhile, along with the moisture, clear sky overhead nice light wind. so you need those ingredients, for the fog to settle. >> we see this all the time this time of year. sun comes up. a lot of times you hear people say it burns the fog off. more than anything, it will help it sort of scour out the clouds. it helps heat up those clouds, and then they just start to evaporate entirely. so that's how that all happens. but right now, sitting pretty. visibility around dollars boards, nine, 10 miles, every location, so nice clear sky, no weather-related visibility issues, travel plans, whether by air or by land, looking totally fine here today. here's y we had cold front yesterday. still draped across portions of the southern delmarva peninsula at this point, but see it is making its full retreat. other than few lingering clouds at this point. we continue to clear out and avenue feeling in for nice sunrise. i'll make sure i bring awe shot of that, shore shot so beautiful when we have nice pattern, eventually we warm up to 78 degrees, just in time to kick off the komen three day, nice day to go along with it, problem is, it doesn't last very long. saturday, next system comes in, we keep the clouds just stuck, not fog, but just an overcast sky so so darely out of the 60s, rain by midday, sunday at least looks real nice. back to you. >> we've got some troopers walking this weekend, so i'm sure they will be just fine no matter what, traveling out and about on 89 a, making your commute this morning southbound 95 little slow, approaching the area of the vine st. expressway. >> this only gross back, into northeast philadelphia, if you are traveling on the northbound side of 95, no delays at all around northeast, center city, maybe traveling out in delaware county no major problems. ben franklin bridge, also beautiful shot of the ben. construction blocking left-hand lane, but because of low volume no problems on the ben, walt, comador barry, we toss them all in there. traveling anywhere else, 50 your average on the schulkill, 55 on 476. pa turnpike northeast extension both moving well. how much, later tonight, note. >> this maybe you have maybe a date, broad street southbound will be closed from 7:00 p.m. until 9:00 a.m. opera philadelphia celebrating 40th anniversary at the ac mad any of music, shutting down southbound side. still able to commute but both lanes in the northbound direction. note. that will don't forget when i am not around, you can always get updated traffic information about back numbers your area, with the your drive app. download it for the iphone and android devices by going to cbs philly.com/your drive. ♪ >> word this morning, winter is back. not the season, the dolphins. dolphin tail two in theatres right now. >> 2011 film film was very successful and very moving. did i this during my summer vacation, got up close and personal with dolphins. >> oh,. >> also stopped in, thanks to our friends at warner brothers, to get preview of the latest film. >> it is the story after bottle nose dolphin named winter, thanks to ground breaking prosthetic tail. now her success story is in jep adder. >> i your female bottle nose winter is not doing well. winter needs to be paired with another female and soon. i'm giving you 30 days to correct the problem. >> two of the youngest characters have to grow up in a hurry. >> you know, with winter, that whole relationship that he has with her is so special, he's finally breaking out every his shell. >> both hazel and saw err have taken on a stronger leadership role in the aquarium. not necessarily leading the adults, but being able to have real mature conversations about what transpired at the aquarium. that's really cool. >> here is something even cooler. story basically created at the first film's rap party. while at the clearwater marina car yum, the call came into the staff about a rescued babydoll fin. >> she is so little. >> we got to get her in the water fast. i'll take her myself. >> actors, celebrating this movie, but the clearwater marina car yum still going and doing their thing, and little did we know it would end up lead to go a sequel. now all we can do is hope. >> amazing work by the cma staff. venue popularity has soared. >> you supply the reality, they supply the science based animal care. we just get to make mover business them. >> charles martin smith directed the original and returned to right, direct, and act in this one. features some young and talented actors, veteran morgan freeman puts the future of the business in perspective. >> i think it is connecting these young bright minds with the growing technology. can go up and up and up. >> perseverance, compassion, rising, as well, will its message be as successful as the first philadelphia until. >> well, let's hope. >> let's hope. i couldn't have said it better myself. during the first film i almost had my man card revoked. >> oh, stop. >> got a little emotional. >> doesn't -- >> i wasn't going to let that happen this time. >> comparing one and two, what do youy? >> both very good. i enjoyed t good family film, yes, family film. coming up on "eyewitness news", man winds up in jail after accidentally calling the police on himself. how the police said it happened and what they say this man was up to. >> first though here's what's coming up tonight on cbs-3. mom and two children hit from behind as they walk to school in new hampshire. >> surveillance video captured the frightening moments right there. melissa and her daughters were just feet away from the school's entrance, when a car jumped the curb and didn't stop. one girl disappeared under the car, the other was thrown into some burns. >> i found the car -- all i seen was my daughter's hoots ian some of my daughter's hair. and just started screaming my kids, my kids. i was scared to death. >> oh, now fortunately, none of them were seriously injured, only had some bumps and bruises. police say that driver may have been distracted by her own children at the time theft accident. but you can see it again right there, just on the sidewalk. >> all right, 5:53, we check in with katie and get your friday and weekend forecast. >> actually jump right to saturday, that's when the next round every wet weather comes n notice a few peaks of sun being pick up on future weather, but i think most every us stuck in the clouds, then the rain comes along, mainly at midday, note the time stamp, 3:00 p.m., union are playing at that point in chester, then you get to 8:00 p.m. rutgers, penn state, up in central and northern new jersey here, all the tailgaters, may want to think about rain gear out there, give you out full on, see some showers around there, i think, unfortunately, 07 degrees, at kick off. meanwhile your eyewitness weather three day forecast athletes gets better. start off today sunday also looks pretty good. >> thank you, good morning, everyone, still looking pretty good on the roads. outside, see how you are doing. traveling on the roosevelt, no delays northbound, southbound, northbound, well, there we go, there is headlights in the northbound direction, southbound would be your taillights there. but again, looking great. not only on the boulevard, but all of the majors, 95, the schuylkill expressway, 476, traveling in new jersey, also no major problems, if you are traveling, however, the northeast extension, overnight construction, northbound just beyondnd the area of mid-county. no majors problems for mass transit. we'll have a looking for one of these? yoplait. smooth, creamy, and craved by the whole family. >> accidental call landed him in jail. grant o'connor managed to dial 911 with his cell phone in his pocket. now, the dispatcher was shocked to hear him talking about getting hi, and going to a drug dealer's house. police traced that call, and pulled over o'connor after he left a restaurant. they found a small bag of marijuana in the car. and ya, some just make it too easy. call and say i'm about to commit a crime. come find me essentially. >> they got his butt, that's for sure. >> coming up: breaking news in the oscar pistorius murder trial. the verdict is in, find out what it means for the olypians, carol? >> looking at the susan g. komen three day. these walkers, over a thousand of them, spending the next three days crossing the city, and talking and showing people about the effects every breast cancer, and we'll have that emotional story coming up. intthat sizzle for $12.99.aks the smoky double bacon sirloin. the new spicy sriracha sirloin. and the parmesan crusted sirloin. steaks that sizzle. only at longhorn steakhouse. you can't fake steak. good morning, an updating the big story that broke overnight. guilty verdict for oscar pistorius, but not of murder. south african judge said the olympic athlete guilty of kimble homicide or neglect killing in the death of his girlfriend rena steenkamp. it means co-go to jail, serve suspended send pens or pay fine. sentencing will be at later dade. the judge did not convict the him of murder as prosecutors allege. however, she also found him guilty of unlawfully firing a gun in a public place, when a friends' pistol discharged. erika? >> more breaking news, frantic overnight manhunt for teenage killer in ohio, is now over. correspondent susan macinnis shows us the community and the victim's family members are relieved. >> i'm happy to announce we have him back in custody. >> captured tj lane early friday morning, just yards away from the lima ohio prison from which the self confessed murderer escaped. >> with the help of the sheriff's offers, in the troopers that were in the area, they were able to shut the perimeter down pretty quick. that's why he wasn't able to get out any further than did he. >> thursday night, lane, and two others, climbed over a fence, at the allen oak wood