school. >> reporter: this is where the and thursday? >> we can't comment. >> reporter: he and parents of other special needs children, he says, have a right to protest. >> we plan on you a peering on opening day with aiden and supporters. functioning kids. they want kids who are able to deal with the core curriculum. >> reporter: some in the community have been banding together ever since they received statistics from the state on taxpayer costs to bus out special needs students. >> it comes out to about $4 million a year that they are busing out these 43 kids that we do have available to create a program in our community in west hampton beach school district. >> reporter: they say their discrimination bat sideline emotional. their son deserves equal treatment. the judge's ruling is expected later this week. from west hampton beach, jennifer mclogan, cbs2 news. this just in. thesix of the seven teenagers have been given probation and 50 hours of community service. they will not have to register as sex offenders. a seventh teenager is awaiting trial in family court. the players were charged with sexually assaulting and hazing four teammates inside a high school locker room. cancel the team's football season. a prisoner, a young woman, still on the loose tonight after escaping from the nypd. police say tiffany neumann slipped out of her handcuffs it. more on the search for her on the matt. >> reporter: dana, this is an embarrassment for the nypd after yet another suspect escapes while in custody. this woman was arrested while trying to steal clothes from the west side. while in custody, she managed to slip past an officer and get away. this incident drawing the fury and anger of the police commissioner. >> police across the city are searching for 23-year-old tiffany neumann. a possible citing in central park turned out to be a false alarm. police went to this apartment in the bronx, but yet another dead end. sos kia venet who works at pretty girl called police saturday after she says neumann tried to steal clothes off the rock in the front of the store. she says neumann was being chase bade bartender from this restaurant after she left without paying. >> she had stuffed clothes up i am pregnant. >> reporter: cops from the neumann. but while in central booking investigators say she lied and told cops she was pregnant. presbyterian hospital. that's where she gave them the slip after a doctor examined her. when an officer went to the bathroom she got out of her handcuffs and escaped. that officer has since been suspended. >> the penalties being imposed with the officer was derelict in their duties, are going to be very significant for that offense. >> reporter: this is the fourth time since june a prisoner has escaped nypd custody, including this infamous escape in harlem. surveillance video showed two detectives trailing a suspect in handcuffs as he bolted down the block. in all of the previous incidents the suspects were caught. neumann was arrested twice this month. once for stiffing a cabbie on a $37 fare and another time for threatening a friend with a knife. when she was arrested saturday night she gave police an alias. they were only able to identify her after taking her fingerprints. reporting live, matt kozar, cbs2 news. >> thank you. a manhattan real estate executive is accused in a deadly drunk-driving crash on long island. sean ludwick is charged with driving while intoxicated and leaving the scene of a fatal crash. the 42-year-old is the founder of black house development. he is being held on $1 million bond. police say he lost control of his porch and crashed into a utility pole early sunday morning killing 53-year-old paul hanson of sag harbor. hanson was a real estate agent with douglas he will man. new child safety seat regulations go into effect tomorrow in new jersey. these stricter rules change how parents and caregivers should position children in car seats and booster seats. cbs2's elise finch explains. >> hannah breslin says she makes sure her twins are properly buckled into their car seats. she feels safer with them face ag way from the windshield, even though it poses other problems. >> it limits your visibility to them. i can't see in the rearview mirror to see what they're doing. so people have issues with that. i understand. fussy >> reporter: a parent could choose to have their one-year-old face forward as pounds. the new law requires all who weigh less than 30 pounds to be secured in a rear facing car seat with a five point harness. >> you have that forward motion that throws their head forward, that's going to put significant spine. so you are going to see much more dangerous neck and spinal injuries if you turn your child around too soon. >> reporter: the new law also requires children between 2 and 4 years old and up to 40 pounds be in a rear or forward facing car seat equipped with a five point harness. children under eight must be in a forward facing car seat with equipped with a five point harness. police officers and firefighters are ready to help parents and caregivers comply with the new regular race. they say all you have to do is ask. >> we give that option of them coming here and learning how to put their car, their seat into their car. we like when people try to do it on their own and then we will be able to correct their mistakes. >> police officers we folk to said when it comes to the new law they want to prevent accidents. not write tickets. in new jersey, elis finch, cbs2. nypd bill broughten is defending mayor de blasio from stinging accusations from a performancer top cop. ray kelly claims the mayor's opposition to stop-and-frisk arrests endangers lives. >> reporter: when bill de blasio ran for mayor he called it a tale of two cities. the former commissioner ray kelly charging that de blasio's decision to limit stop question and frisk was an amazing surrender. it happened him win election. the present police commissioner offering nothing but praise for his boss contending that crime has continued to go down even with the dramatic reduction in stop, question, and frisk. >> the belief that crime was correct. >> reporter: bratton didn't top there. he said. >> it was creating a very significant rift, if you will, between people of color in the department. and that's unfortunate. >> reporter: in his book, vigilance my life serving america and protecting the 'em peer city, he charges that de blasio sought to replace michael bloomington by running against the police. he charged in reducing stop question and frisk de blasio, quote, shrugged and walked away from a routine and useful policing tool snatching law enforcement defeat from the jaws of legal victory. de blasio spokesmen refuted kelly saying, quote, crime continues to remain at record low levels in new york city, even as we have reduced the overuse of stop-and-frisk. the numbers don't lie. new york city continues to be one of the safest big cities in the world. entitled to his opinion. this mayor during my time as commissioner has been the most supportive mayor i have ever >> reporter: bratton said he looks forward to buying kelly's book because he thinks it will contribute to an understanding of what has gone on in the city in the last 25 years. cover edition. nypd career as a civilian clerk is now the highest ranking department's history. assistant chief today. she will be the commanding officer for the candidate assessment division. make it easier for new recruits and officers to go through the training process. she has been at the department for 30 years. royster's last five years have been working as a public information officer. health concerns about a mountain of railroad ties. >> it should be gone by now. been here a long time. >> soaked in creosote. potentially toxic. cbs2 demanding answers. brady. the patriots' quarterback back before a judge in new york city today. so what's next for deflategate? and a hiker's close bears. situation. lonnie quinn. >> july and august the hottest months in new york city. as we get ready to move into september, to the 91. we will talk about that in just a bit. and coming up on the "cbs evening news," a man suspected of gunning down a texas deputy appears before a judge. scott pelley with that at 6:30. >> the law officer was assassinated in cold blood over the weekend. well, today the man that police believe pulled the trigger pleaded -- i am sorry, was was charged with capital murder. his attorneys tell us he will plead not guilty. we will have that story and the rest of the world news coming right up on the "cbs evening news." in brooklyn in 1907, four courageous ladies saw the despair of the poor, old, and sick and founded what would become mjhs. today mjhs provides quality home care, rehabilitation and skilled nursing, and advanced hospice and palliative care for adults and children, but the values of the brooklyn ladies still guide us. mjhs. caring every minute, every day. hey! let me help with that. oh, thank you! introducing the one-and-only volkswagen golf sportwagen. the sportier utility vehicle. geico motorcycle, great rates for great rides. noise complaints are expected near railroad tracks. but something silent is the source of concern among the tracks in new jersey, potentially toxic railroad ties piling up just feet from where people live. cbs2 demanding answers to the situation. hazel sanchez live with the story for us. she in glenrock, new jersey. hazel. >> reporter: dana, take a look at how huge this pile of railroad ties is. it's ten feet high and screeches several yards behind me. and it's been here for more than a month the smell of the chemical that they use to keep the wood from rotting is so strong. people who live around here say they are convinced it's a health and safety hazard and they believe new jersey transit should have moved this wood out of here weeks ago. >> it's their responsibility on the part of new jersey transit. >> reporter: dolores new rider says new jersey transit dumped a massive pile of old railroad ties across the street from her apartment at glen courts independent living in glenrock, new jersey. she says the mound of flammable wood makes her and her neighbors nervous. >> there is a possibility that it could cause cancer. and being a survivor, i really think that that should be removed as soon as possible. >> reporter: hundreds of aged ties have been sitting on the tracks off rock road near the glenrock train station for more than a month. crews have been replacing them for the annual track maintenance program. the ties are treated with creosote to prevent them from rotting. robert burse lin says that raises major red flags since creosote is a known carcinogen. >> they create a hazard. i know if i or my neighbor had a hazard in his yard, he would be fine and told to get rid of it. i don't know why we can't make them, compel new jersey transit to fix the problem they created. >> reporter: we reached out to new jersey transit. they claim the rail ties are not an environmental hazard and the materials used on the railroad are not only dictated by federal railroad administration guidelines, but they must also meet epa and dep standards as well. but since residents like new rider are concerned about vandalism and fire with senior residents at risk, new jersey transit is respond big having week. >> they should be gone by now. time. and glenrock officials are working together to expedite the process of moving all of this wood out of here. they say they hope to have the process done by next week. we are live in glenrock, new news. >> thank you, hazel. and here is a story hazel did a few weeks ago. cbs2 demanding answers and got action for those who given so much. some nuns crediting cbs2 for helping raise money for desperately needed replacement windows for their home. the sisters have been living with windows that date backed to the 1950s. the nuns some in their 90s and older could barely open or close these windows. they sent letters to thank everybody who donated money for the replacement windows. a thank you ceremony is planned for next month. now they have got that good fresh air. check out this video of a connecticut hiker's up close and personal moment with a couple of black bears. stephanie rivkin took the video while walking if a wildlife area in burlington, connecticut. she came up upon the bears. one of them wandering closer, closer to her. eventually came right up to her. looks like it was ready to, well, take a nibble. goodness. out of her leg before it took off. she says was scared but felt if she ran she would be attacked. lonnie quinn now. hot hot day. will it be a heat wave? > is going to be close. obviously, to establish a heat wave three 90 days or more. i think tomorrow right at the cusp. i will show you what the weather watchers recorded today as far as high temperatures around the area. 91 portions of staten island. 91 new brunswick. we had a 92-degree reading here on the north shore. this is from bruce in north port. 92 there. high temp in new york city 91 degrees. right now what the skies are looking like. partly cloudy. 89 degrees. high temp was 91. well, wait until you see what that 91 is going to do when you do the math for the hottest august ever. my headlines look like this. there are no big storms brewing out there this week. i know with the heat, you think the heat and humidity combo, you see thunderstorms every afternoon. it doesn't look like it's going to happen. we have a heat wave chance, what dana was referring to. it's going to be close tomorrow. it could be 89. it will be right there. it's just not going to be guaranteed. the number that i am going with is right around that 90-degree mark. keep in mind tomorrow you are september 1. august will be a memory. when you factor in the numbers from today's readings, okay, a high temp of 91, it makes in the third hottest august in history. the hottest ever was 1980. tomorrow 90 degrees. it's a september sizzler. a hot way to start off the month of september. skies over head should be similar to today. through. not too much. not too much for tomorrow. bigger picture shows you that high pressure that's going to give us the -- that gave us the day will give you the day tomorrow. thursday this front makes its way into the area. thursday i think you will be warm because that southwest wind ahead of this front could make it 92 on thursday. a bit of moisture is possible on thursday. there is a rain chance for you. the back side of that front. high temperature maybe 85 on friday with a nice looking sky overhead. all my numbers come together like this. 90 tomorrow. that would make a heat wave, dana. 91 on wednesday. it would continue 92 on thursday. a bit of a rain chance right there. and then i can't really say cooling off, but certainly relatively cooler. 85 on friday. 86 for saturday. 84 sunday. 83 on monday. that is a hot first week of september. >> which is kind of nice, isn't it? >> people say, oh, is it an indian summer? >> wait, wait, wait. we are in summer. you have to get in fall and have a first frost before you talk about that. >> let's not rush that. >> otis livingston next with what's ahead in sports. >> move over tampa bay and roger goodell. here comes the judge. after they can't reach a settlement in the deflategate case. this is all we have seen from victor cruz. when does he expect to get back on the field so he can dance his way into the end zone? we work weekends here. because it works for our patients. here, at cancer treatment centers of america in philadelphia, we give our patients the freedom to make appointments that fit their schedules, even on weekends. because we believe in being here when our patients need us, so they can keep living their busy lives. weekend appointments are now available here. learn more at cancercenter.com/eastern. it took leonardo and miriam years to master the toss. but just a few little steps to master depositing checks with the chase mobile app. technology designed for you. so you can easily master the way you bank. tom brady back in court today. otis livingston is here. >> so briefly. we are coming down to a decision. like one of hayes late fourth quarter winning drive, it will come down to the final seconds. they failed to reach a settlement this morning. they met for 20 minutes in lower manhattan but couldn't reach an agreement on his appeal of his four-game suspension. the decision lies in the hands of the judge and he will have a ruling in the next day or two or by friday at latest. if ruled in his favor, it's believed that brady will have time to get prepared for the season opener against the pittsburgh steelers on thursday, september 10th. all right. after seeing four of their safeties go down with injuries, the giants are about to find out what brown can do for them. resigning former giants stevie brown, he was released by houston last week. we are still waiting to see the highly anticipated pairing of victor cruz and odell beckham jr.'s. cruz has had a camp injury. he will be ready for week one, but the team is cautious. >> nothing in terms of, you know, playing that first week or not playing that first week. so i am still excited for week one. that's the goal. that's the plan in my opinion. i am coming off of major knee surgery. something that comes off of that knee injury, you want to be careful. you want to be cautious with it. >> serena williams' quest for the calendar grand slam begins tonight at arthur ashe stadium. she is looking to be the first william to win the australian open, french open in the same year since stephfy graph. venus blew four match points in the second set before finally putting away monica puig. she hasn't lost ever. 17-0. the yankees will be up in fenway park tonight while the mets continue their homestand against the phillies. the mess swept the phils four straight last week. and back to the tom brady deflategate case. there was redemption for jane rosenberg. she is the courtroom sketch artist. -year-old by social media for making him look ghoulish. today on the right voila. i think she nailed it. thank you. >> as soon as you're all gone and i'm back home, i am going to be is so happy. i am going to go, phew, this is over. i am happy that it's over. i guess i am relieved. it's hard to feel feelings with all these mics in my face. >> in fairness, she didn't get a good look the first time. >> these are done quickly. it's not like she takes a long time. it's quick. >> she got a second chance and i think she did pretty well. tom would be happy. >> we will be right back. >> nobody is happy about anything right now. i'm caridee. i've had moderate to severe plaque psoriasis most of my life. but that hasn't stopped me from modeling. my doctor told me about stelara it helps keep my skin clearer. with only 4 doses a year after 2 starter doses... ...stelara helps me be in season. stelara 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expert eye care. that was dr. stanley pearle's vision and we still proudly carry on his legacy. today, doctors like lisa hamilton perform eye exams that can help detect diabetes. because we care for you... and your eyes. this is genuine eye care, in your neighborhood. this is pearle vision. look at these pictures of glass shattered while passengers sat on the train. new safety concerns on the citi railway and over the 9-1-1 operator who took this call. also tonight, health research showing that your risk of heart attack goes up after certain types of surgeries, but they have nothing to do with cardiovascular health. we have those stories for cbs2 news at 11. thank you, maurice. next on the "cbs evening news" with scott pelley, a baseball fan falls to his death forcing new questions about safety at our nation's ballparks. i am dana tyler. thank you for joining us at six.