the news at 5:00 starts right w opinion. >> right now at 5:00 a local man speaking out and fighting for his life after coming down with west nile. what makes his case so unique? >> three police officers attacked and how this investigation took a violent turn. >> draft kings is getting some help. >> plus, two high-ranking cia officials hacked and threatening more attacks. captions by: caption colorado, llc (800) 775-7838 e- mail: comments@captioncolorado.com good morning, it's 5:00. >> i'm chris mckinnon. >> it feels more like it should out there. >> yesterday we had temperatures way below

observage and this morning, we have temperatures which are somewhat above average. so we'll take it. it's 49 degrees in boston right now. 50s to the south/southeast. the temperature's almost up 30 degrees in some spots from what it was yesterday morning at this time. we've got a lot of wind to go along with that as well. wind advisories up by the cape by the national weather service. 7:00 this evening for a strong, gusty southwest wind, 35 to 45 miles per hour. there could be minor damage bringing down small tree limbs and branches. one batch of shower moving into southern new hampshire. now we have the second batch moving right along from pepperell to lowell. some heavier showers south of fremont and north of haverhill. those are moving to the east. a few showers up north this morning. starting near 49 and 50 degrees. the rest of the day, cloudy and

windiest weather on the cape, but everywhere else is brisk as well. traffic and weather together. hi, robi. >> good morning. the crews are wrapping up right now. we could see delays on places like 93 near the o'neal tunnel. here's a live look at the expressway. let's check the north map, lots of green as expected. route 3 south, problem-free out of lowell. chris, kathryn? >> robi, thank you very much. a healthy man in his 40s is now fighting for his life yours. stow bit. brie is here now with his warming for all of us. >> reporter: mark wants people to know that mosquito

precautions should be more serious and extensive than you think you might need. he says diseases like west nile and eee can be devastating for more than just the elderly or or sick. mark maynard of chelmsford is partially paralyzed by something he says he never dreamed possible. >> it's really unusual to think that one time you can get nailed like that, but it can happen. >> reporter: mark says he got bit in august at his mom's place in jersey at a cookout. a week later, he was achy and couldn't stand. he was the area's first case of the mall. fall. better. >> clients started a go fund me photographer. >> i have a lot of support,

something to get started with, anyway. >> reporter: he hopes folks more seriously. for many people, west nile virus has not become anything more than a cold and the battery of tests have yet to different. chris, back to you. a fire in bedford is now being investigated as suspicious. investigators are looking into a cause. a suspect is headed to police officers. >> this is a wild one. >> reporter: it was, chris. this started as a routine arrest because of some calls turned much more violent.

one police officer was reported to be spitting up blood after being pushed down a flight of stairs three separate times. the other two officers who were called in as backup said they had cigarettes put out on them during this attempted arrest. it started around 6:00 yesterday on concord street in lowell when a couple of neighbors, who were driving in their car, said that their neighbor jesus came up to the side of the car, shook one of the mirrors until it broke and smashed the driver's side window as well. called police. police went over to interview him about this incident. he pushed one officer down the stairs multiple times. those officers who came in for backup were also hospitalized, all with number life- threatening injuries. we spoke with the two men who made the 911 calls. something?

then he took off down the road. the look in his eyes, i wasn't stepping out of the van, that's for sure. >> reporter: he faces multiple charges including assault and battery on the police officers. >> susie, thank you very much. two people charged in the back in court today. michael mccarthy is charged with killing the 2-year-old and dumping her body. she was unidentified for months and dubbed baby doe until she was i.d.'d last month. girl's mother michelle bond has been charged as an accessory after the fact. the head of the office that investigates the department of children and families is requesting more independence on the job. according to "the globe," the state's new child advocate will testify today on behalf of the bill that will require the

auditor to jointly appoint the position to a five-year term. the new appointee says it's as important to be as independent as possible following the care. joseph zuniga is out on bond charged with sending nude photos of himself to a 17-year- facebook. law enforcement and school officials will be on hand to answer questions from the community. white a bulger's long-time girlfriend faces new charges that could add to her time behind bars. prosecutors are trying to find out what may have helped the songy mob boss during his 16 -- southie mob boss during his 16 years on the run. her lawyer says she has no information to offer the court and calls the latest charges an overreach by prosecutors.

former attorney general martha coakley taking a job with boston-based draftkings as the web site deals with continued controversy. nicole jacobs has more on that. good morning, nicole. >> reporter: good morning to you, kathryn. draftkings, as we know, has been under investigation for several weeks now, and lawmakers are trying to figure out a way that it fits into the playing field of fantasy sports. in the meantime, assistant or i should say former attorney general martha coakley has now been enlisted to help them with that, to help them figure out a plan to at least look a little critics. coakley was attorney general when massachusetts passed the casino gambling laws in 2011. draftkings does confirm to wbz she will now serve as an outside advisor to the company that has been under fire since an employee won $350,000 with his pick through fan duel.

has ordered draftkings to get a there altogether. at the same time, current massachusetts attorney general maura healey is looking into ways draftkings and fan duel baystate. she is expected to report her findings to the governor and to lawmakers at some point. i should also add as it relates to that draftkings employee who won $350,000, according to the "boston globe," an independent law firm found that he had no advantage over this whole situation and that he actually submitted his list of players before he had access to that list that's in question at this point. so an update for you as far as that goes. for now, we're live at the statehouse, nicole jacobs, wbz news this morning. as many as 30 people left

through a building in chinatown. the fire started on harrison avenue. it houses apartments, stars and restaurants. the cia is not commenting on claims that someone hacked the director of the agency's personal e-mail. he claims to be a high schooler and posted e-mails online said to be from john brennan's account. j johnson's account was also allegedly hacked aboutp a new poll shows donald trump's lead over the rest of the gop field is shrinking. the "wall street journal" put donald trump at 25%, the highest level of support at the polls since entering the race. dr. ben carson isn't far behind with 22%. in a distant third, marco rob yo with 13%.

ben carson and donald trump are requesting secret service protection. we could know sources tell cbs news biden is under under intense pressure to decide but he feels he has the right to take as long as he needs. coming up, another lawsuit surrounding the wynn casino. >> plus, jon keller takes a look at why casinos are struggling to take off in the baystate. >> webster police are helping a special member of the community and what they did to cheer up a little boy battling cancer. barry? >> kathryn, it's so much different this morning. we don't have the freezing cold weather. it's around 64. a few showers this morning to the north. isolated shower this afternoon with lots of clouds. quite a bit of wind especially on cape cod. how will the rest of the week

welcome back. webster police are doing their best to cheer up a 6-year-old boy battling cancer. >> a police officer and his k-9 named red visited brady who has been battling stage 4 neuroblastoma since 2012. he got to ride with red in a mini police cruiser and do training with him.

>> i love everything about that story. >> you can tell by the huge smile on his face what a get time it was. barry, you said it, what a difference a day makes. >> you just don't need that heavy coat this morning. you go out and say whoa, it's freezing cold out there. the wind is tempering it a little bit because it's gusty down on the cape. 15 to 30 miles per hour down already. some spotsland have i have any. 15 to as much as 30 degrees as this morning. it is a good feel to the air and air is really moving over cape cod and the islands of wind gusts throughout the day. we've got this band of showers that's been transiting across

northern new england all night long and some have draped down in northern massachusetts in the last few hours. the next batch comes from vermont and now in southeastern hampton already. some heavier rain along the new hampshire seacoast that extends down into the north shore communities with a little bit of late rain there. this slips into northern new england and a weather front as well. the focus for a lot of cloud cover, today, tomorrow with emphasis on the clouds. it looks like a couple of scattered showers can't be ruled out, either.

the windiest weather on cape likely, too. high temperatures tomorrow will be lower with a light wind tomorrow coming in from the ocean. and maybe mid to upper 60s south of that. temperatures will be going up to about 70 on thursday. how about that with a couple of showers? then back to windy and cold weather on friday. the sun's back out and looks like right now the weekend will be good, and the showers, which happen on sunday will be happening in the morning. by the time we get to the game beginning at 1:00 in the afternoon, i think it's a 1:00 game, it should be clearing out. that's the way it looks to me. rain should be over. >> barry this is the weekend people start putting away the

>> they don't know what to dop. >> should you hold on to a pair of shorts? >> i do. i wear shorts until december. >> my son will wear them until we tell him not to. i need a note from you. at squantum street exit 10, we're seeing a backup already to east milton square. for the first time, an insurance company is selling insurance for uber and lyft. baker has proposed a series of rules for hide-sharing services, which include a requirement that they carry adequate insurance. a judge has dismissed one of the lawsuits trying to block the everett casino. the suit was filed by 40 taxpayers who say the mbta broke the law when it sold land to wynn resorts.

the judge dismissed that case because the taxpayers didn't have legal ground to challenge the move. this case is separate from boston mayor walsh's lawsuit trying to stop the same casino. the push to bring casinos to the state has been anything but easy. >> jon keller takes a closer look at why. >> good morning. now that we've had our fill of the unintentionally hilarious trick play bungled by the indianapolis colts. let's turn our attention to another slow motion fiasco that's not so amusing, the casino industry. as we approach the fourth anniversary of the expanded gaming act, it has yet to see word that the two connecticut tribes are teaming up to put a satellite casino thunderstorm of hartford, a direct effort to cannibalized springfields the southeastern casino reachson a mess of competing projects and legal claims with

no end in sight. and wynn's world in everett? best. massachusetts dragged its feet nor years due to strong political opposition to with internet gambling coming on strong, we may have missed the boat entirely. when we did give the green light, we tied the industry enough with enough red tape to strangle it in its crib. and the slots parlor in plainville dropped sharply to a pace that would fall far shore of what was promised by regulators and developers. yet another reason to thaw think the alleged pot of gold was a remember perfect con type myth. we need the jobs and tax revenue casinos can provide. there was never any doubt about that.

rolled the dice and came up with snake eyes. care to comment? large. the botched play pats fans just can't get enough of. >> plus, what other teams have tried and failed when up against the patriots. we'll show you. >> helping another young woman get one of the pleasures many women may take for granted. that's amazing. it's amazing. this is amazing. that's amazing!

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welcome back. it's the trick play the colts probably wish they could take back, but they are not alone. >> and other teams made big mistakes against the pats. >> reporter: as great as it was for the pats to beat indy on sunday night, the colts' botched fake punt overshadowed everything. for whatever the reason, the pats have a mystical power over their opponents causing them to do moronic things. here thanksgiving night 2012, running into his own receiver. sanchez will never live that down. just plain embarrassing. speaking of things that will

never be lived down. super bowl xlix seahawks at the by malcolm butler. pats win the fourth super bowl and seahawks handed it off to mar sean lynch. what happened on sunday, the colds with the swinging gate trying to make the pats burn a time-out. they get caught with too many men on the field. the pats special teams had it covered. for reasons no one will understand, pats had it all the way, colts never had a shot after that. the swinging gate formation, scoring the game-winning two- point conversion in 2011 and tweeted to indy yesterday, hey, colts, this is how it's done. the pats, by the way, host the jets on sunday at 1:00. that's sports for now.

>> it's interesting seeing the look back at the plays gone wrong. general bush may be a presidential candidate but also a big fan of fantasy football. >> 's got one star on his loster that's allowing had imto beat his relatives. >> gronkowski, my number one pick. the guy's a monster. as long as he doesn't get hurt, he will continue to allow me to beat up on all of my family members. >> one went another step further inviting gronk to his new hampshire town events. maybe he'll get to thank gronk in person. >> who knew? >> i don't know. i learned a little something. >> if you are going to play, right, you want gronk on your team. >> that's true. a school superintendent is in pretty hot water. >> the steps he took to confirm the address of a student and

>> and a new step for a local woman. a life-changing gift she received from a marathon survivor. >> and many of us struggle with fall allergies but did you know your pet could be struggling, too? barry? >> rain's coming down in a good clip in a few locations. just a slight chance of a shower the rest of the day, but boy, is it warm this morning. i'll be back with the forecast

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right now at 5:30, a group of animal rescues. the deplorable conditions they were found in new hampshire and are facing. >> a local man fighting for his life after coming down with west nile virus. what makes his case so unique? >> a school superintendent goes through the extreme to confirm a student's address. what he did that could end up with him facing charges. it's tuesday. welcome back. i'm kathryn hauser. >> i'm chris mckinnon. you walk out the door this

morning and you are like, all right, we're back where we should be. >> yesterday was winter and now spring has started. how about that? >> we just fast forwarded right through all of that. >> if evenly we could. upper about 15 to almost as much as 30 above what we had yesterday morning. there is wind to go along with that. especially on cape cod and islands. there could be isolated minor damage and some small tree limbs and branches coming down. we've had rain across northern massachusetts in the last to you hours. let's take a look at the latest

batches in essex county. some of the heavier rain has moved offshore there. down in beverly and a few drops of rain even down close to boston should be moving on out. this morning for the drive, you can see the showers ending up north with a sunrise at 7:03. that's 50 degrees. the gusty wind already on the cape. not too much wind off of boston. it will be windiest on the cape at midday. there may be a stray shower but much of the time, melting temperatures in the low to middle 60s. sunset again at 5:55. temperature is 64 degrees. traffic and weather together. robi on the road. right now. expressway. northbound in quincy near squantum street. that's exit 10. mass d.o.t. frontage road.

the work crews are tying things up as you approach. it's 5:32 right now. checking our top stories on this tuesday morning. a 40-year-old chelmsford man is partially paralyzed after contracting the west nile virus. he was bit bin a mosquito in july and he's now warning everyone to take precautions against mosquitoes. police say an officer was investigating reports of vandalism on a truck and went to talk to the suspect. a witness tells us that the suspect began hitting the officer and eventually threw the officer down the stairs three times. two backup officers were also hurt. the suspect was due in court this morning. the superintendent of the mashpee schools could face criminal charges for breaking into a student's home. brian hyde was trying to see if a student actually lived in mashpee, but the police chief says hyde's actions can be

considered breaking and entering, and he's applied for a criminal charge. a court magistrate will decide whether there's enough to charge the superintendent. the new hampshire spca rescued a group of animals living in deplorable conditions. when they got to the home, they fount a horse, dog, cats, pigeons, chicken and iguana there. they said their living spaces were covered in waste and animals had limited food. the vet stairian on site said the horse appeared to be suffering from malnutrition. a young woman from walpole received a life-changing gift. >> wbz first introduced you to hillary cohen last week as she prepared for her first steps on a new leg. here's bree with a look at the big moment. hey, bree. >> reporter: heather abbott lost a leg in the bombing and med headlines when she received a one of a kind prosthetic that allowed her to wear high heels.

abbott set up a foundation to pay it forward. hillary cohen is the first recipient. hillary amputated her leg after complications with the genetic disease that left tumors growing on nerve endings in her right foot. two years after the decision comes the moment she and her family dreamed of. hillary's first walk in 3 inch heels. >> i think it looks brute. i feel very tall. i just feel really good about myself and confident and really, really grateful and blessed. >> it just makes my feel good for her to see her smiling so much. >> hillary's dad pledged to buy her whatever pair of heels she wanted after surgery. no limit on price. chris, i think some really expensive shoes are about to be charged to daddy's card.

>> any suggestions out there, bree? >> jimmy choo. why not go for it? many people struggle with fall allergies. did you know your pets could be also suffering. unlike people, though, our four-legged friends don't really start sneezing. instead, they'll scratch, lick, or chew your skinned. you can also try some abbott tie itch shampoos. tips. straight ahead, if you don't have health insurance, you'll soon have to pay a big fee. >> how much the penalty is set to jump to next year and who it applies to. >> millions of people are using apple's new screaming music -- streaming music service. >> weather watchers are checking in. thank you for getting up earl lip and getting us all of this information.

47 seems to be a common number all over the place. we've got, for example, 47 in milton according to charles there and a mostly cloudy sky. thank you all of the weather watchers for getting up early and getting us the information. if you'd like to join the team and give us important weather

welcome back. the new cafe in japan that will bring out the kid in you. >> plus, a heads-up for anyone

hannah daniels has the stock exchange. good morning, hannah. >> good morning. if you don't have health insurance, the fine is $325, but next year the penalty will rise to $695 or 2.5% of taxable income if you are uninsured the full year. apple music has 15 million listeners, but don't let that number fool you. half of the users are on the free three-month trial. so half are is testing it out while 6 million are paying for a subscription. it launched a little more than three months ago. gilmore girls fans, netflix has a deal with warner brothers for a revival. according to the hollywood reporter, the netflix deal involves four 90-minute episodes. negotiations with the cast are

characters are expected to return. guys, saddle up to relive your childhood. a my little pony pop-up cafe is opening up in tokyo from colorful murals to the dolls everywork the restaurant is a toy lover's dream. among the highlights, marshmallows and chocolate pancakes. the restaurant will be open until the end of november. chris and kathryn? >> reporter: i loved my little pony as a kid. you had me at milky rainbow cafe. you got me, hannah. >> that's a throwback. >> think you, hannah. that was a good mix of informative and fun. thank you. still ahead a check of the traffic and weather together. >> plus, a look at the day's top stories including a local robi?

>> what woke you up this morning? was it us or something much, much bigger? maybe it was the force or it yours. tickets are on sale. the trailer is out. out?

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a special honor for a b.u. into his first. today is travis roy day. >> that's because today marks 20 years since that tragic accident. it's all to recognize him and >> great guys. great time to get a check of the weather as you head out the door. probably will want a light jacket still. >> yeah. yesterday winter, today more like it should be, barry. >> yeah, i think you are right. yesterday was just an aberration. i hope we don't have too many more freezing cold days like that because that was quite unusual so cold so early in the season. we haven't had that cold in boston since 1979 so cold so early in october. a lot of people have been sending in foliage pictures.

it's past peek in the northern mountains. this is the majestic presidential range with mount washington being there. all of the mountains in the presidential range all whitened. inches of know. this is breton woods with the mount washington hotel in the foreground. what a beautiful sight that is. it was clear when glenn tooing that picture. not clear this morning. the rain has extended down into look at the numbers, they are higher in the 40s. temperature changes were as much as 30 degrees difference. with that warmth, we have winds that are blowing good on the cape and national weather service says until 7:00. there might be liner damage, in other words, branches and small

trees coming down. we've had batches of showers moving across northern new england. some have been draping down across the border into massachusetts. most of this is moving offshore, so that will be ending shortly from ipswich to rock port. it might be a brief, isolated shower the rest of the day as this sort of weather front comes out of canada and dipped down to the region. there might be coming from some of the clouds. what's happening here is we have a front coming down from the north. here's the front coming down today. that will sort of stall for northern new england. that will be the focus for the clouds. tomorrow, northeast and east. very light then a brief shower and back into the warmth here on thursday where it could be

today's tour, mostly low 60s to low 60s. lawrence to boston, 64. maybe 65 in a few spotted. the hills area may be in the lower 06s. there will be a lot of wind adds well in southeastern mass being the windiest. up to 70, hope, on thursday. it's colder again on saturday. light wind and showers should be here sunday. hopefully we'll get out of the way for the pats game on sunday afternoon. hi, robi. >> hi, barry. at least three bumper to bumper split. and route 3 north between union street and the split. the expressway, you are heavy at neponset circle. 93 southbound has two slow

pockets, methuen and the woburn stretch from 128 to montvale ave. it is just about 5:49 right now. three police officers attacked while questioning a suspect. >> plus, a local man fighting for his life after being bussen by a mosquito. here are your top stories. >> a once healthy massachusetts man is paralyzed after coming down with west nile virus this summer. he was bitten in august by a mosquito while visiting his mother in new jersey. he was the first confirmed case this year. it put him in a wheelchair despite usually only amounting to a nasty colt. what mark's friends and co- workers are doing for him to help himp.

accused of attacking three police officers and sending them to the hospital. neighbors say the man was walking through the neighborhood smashing car windows and mirrors. when police responded, one officer was pushed down a flight of stairs three separate blood. coming up, you'll hear from the victims, the vandals who saw all of this firsthand. suitep. >> the mother at the center of a weekend amber alert. tiffany cherry was released on $250,000 bail. she's charged after she brought to boston. she insists she drove her child

to children's hospital to get the best. good morning, i'm nick and seeing this is under turmoil and amid quite a bit of controversy over the last several weeks. this comes as maura healy is taking a closer look into how fantasy sports play fits into the baystate and possible regulations that could be in order. massachusetts lawmakers and governor baker are all awaiting the attorney general's suggestion. we're live at the statehouse this morning, nicole jacobs, wbz news this morning. the front is he bluejays

gave the blue jays a big spark in the third inning of the game. last night, they go on to win 11-8 over kansas city. 5:51 right now. it's time for our "daily talker." it's being. >> is all of the hype too much? >> when i was on vacation in ireland with friends, i asked my 5-year-old son what he wanted as a souvenir, he said a lightsaber. i was forced to get him one. it was plenty to choose from because a great nerd awakening is before us. >> the stories about what happened -- >> it's true. [music] all of it. >> reporter: if just seeing hans doesn't get you. he was solo in that shot no

chewy, then perhaps the site of the news trailer introduced new heroes and rolling droids that look like world cup soccer balls. tickets for the premiere went on sale but like a wounded x- wing fighter, the web site fandango crashed due to overwhelming response. that didn't stop would-be jedis who headed to the box office to tore their friends. if this trailer doesn't break the internet, nothing will. so you buying into the hype? are you in or has the annoyance awakened. let's check out the responses out there. danielle says "the first only three are the best. newest ones not as good. got to respect the classics." marie says "no, the new ones are all about the special effects. we'll have to wait and see on that.

a number of ways to comment. you don't have to be a fan. you have you have to be a fan of us. chris, catherine. still to come, a plane fit for a princess taking flight. >> it's inspired by a popular movie that a lot of kids will want to ride in.

welcome back. "frozen" is taking to the skies. west jet launched their new themed plain. >> they turned the boeing 7p 7 into a mid-air mural featuring anna, elsa, and olaf. crews worked 12 hour -- 12-hour shifts for 21 days. it made its first flight yesterday. >> i didn't realize how much unintelligible ] would take. >> a lot of paint.

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