s just a tragic situation. that is what our iestigation is trying to find out. we have survival factors as a major part of the investigation. we will find that out. pam: the ntsb is calling this a major marine casualty. their investigation is underway, while the coast guard continues searching. tonight there is a vigil in the home town of keith griffin. from point, pam cross, wcvb newscenter 5. ed: seven people hurt in this train derailment in vermont are out of the hospital tonight. the amtrak train was headed to washington dc yesterday when it hit rocks that had fallen on the tracks near montpelier. one car plunged down an embankment, sending passengers flying. most of the 102 people on board were visitors on a foliage tour. crews are working to clear the tracks, which they hope to reopen by the weekend. heather: convicted killer aaron hernandez -- back in court today. lawyers for the former new england patriot want a judge to dismiss murder charges against him in a 2012 double murder. hernandez' s lawyers say insufficient evidence was

establish probable cause. the defense also wants evidence seized from the suv hernandez was in to be tossed out. they claim police obtained a search warrant based on statements made by a man who failed a lie-detector test. ed: real scandal in the world of fantasy sports. boston-based draftkings under fire, an employee accused of placing bets with a rival company, using information not generally available to the public newscenter 5' s reid lamberty is live at the state house. read: espn said it will stop airing segments sponsored by draft kings and pandora. the draft kings employee placed bets using information not available to the public. the draft kings employee reportedly one $350,000 on rival betting site, fan duel. on the same day he inadvertently posted information about what nfl players were being picked the most for fantasy draft lineups. draft kings denies any wrongdoing, and released a joint

statement with fan duel, "nothing is more important than the integrity of the games we offer." >> i don' t have any comment. i' ve just been reading along with everybody else. reporter: massachusetts attorney general maura healey, still learning of the details. she is weighing on whether or not this unregulated on-line business can continue to operate in the state. on a recent otr program, newcenter 5' s janet wu and ed harding pressed the attorney general on the legality of the issue. >> this is an industry that is growing. it is a new industry growing like gangbusters and we are just learning more about it. reporter: fan duel claims there is no evidence insider information led to the employee' s jackpot winnings. but it does beg the question of who at these daily fantasy companies has access to valuable data, and whether or not the industry can police itself. both companies have temporarily banned its employees of playing on rival sites.

from playing on their own sites. back to espn pulling segments sponsored by draft kings and fan duel. the company says it is common practice to avoid any suggestion of influence uncovered. reid lamberty, wcvb newscenter 5. heather: a brockton man gunned down on his way to buy a new puppy. prosecutors say he was the victim of a robbery attempt while he was in his car. newscenter 5' s rhondella richardson spoke with a survivor who witnessed the killing. she' s live in brockton. rhondella: the family says he had a pocket full of cash to buy a puppy. the prosecution says he was also selling marijuana. tonight and abington man is being charged with robbery and murder. >> he had a gun to the back of his head, the kid wanted everything we had. reporter: he survived by jumping out of the car yesterday on rodney street. police say the cut -- gunman

richard matt targalinee junior of brockton. the 28-year-old victim was giving a ride for a drug deal according to prosecutors. >> a small bag of marijuana. reporter: in addition the victim' s family said he told friends he had eight dollars -- $800 cash. >> they knew he had just cash his check and they asked him to pull down the street sayng you , know what this is ,i want yourmoney. your money. protective of the kid went and reached for it and matt learned fighting. i heard the gun go off. reporter: targarlini was shot in the throat. a nominal transaction of marijuana here in absolutely outrageous. >> the key witness is relieved reporter: i'

reporter: surveillance video from the area of where the victim' stolen cell phone that police arrest. rhondella richardson, wcvb newscenter five. ed: a worcester toddler whose death is now under investigation was living in an apartment infested with bed bugs and that' inspectors, who visited the home s death. also found a water leak and electrical issues that made the apartment dangerous for a young it' s still not clear what caused gigi' s death -- toxicology tests are still pending. heather: a worcester police officer accused of assaulting a prisoner in the police lock-up last year pleads not guilty to the charges. prosecutors say michael motyka, a 17-year veteran of the force, assaulted a prisoner who was handcuffed and shackled at the worcester police station in december. he was released on personal recognizance and is due back in court next month. ed: new at 6:00. the transgender community taking the fight for equal whites --

rights to beacon hill. they want laws banning discrimination in public areas like bathrooms and locker rooms. >> every day, i live my life in fear. i' m scared. i' m scared because of who i am. with congressman joe kennedy. a bill legalizing the rights of restrooms and locker rooms of their choice has been before begin houses 2007, but this year may be different. >> i think having somebody like caitlyn jenner come out and share her story goes a long way educating people about the transgender people are. reporter: opponents were the minority but their message was unwavering. who is five years old. it is fair to her to allow a 50-year-old man who decides to identify as a woman or someone who is just taking advantage of the lot to go in?

are anywhere else that is occurring. where an individual tried to use the guise of gender identity protections as a defense to criminal conduct. reporter: one legislator challenged her asking her about confuse children. >> the only people' s rights we are thinking about are the rights of the transgender folks. i appreciate that. but what about those rights? what about the parents that are concerned, what do we say? reporter: four years of the laws were changed mandating transgender -- transgender equality for housing and credit but the more controversial section was left out. now begin how has 15 months to reconsider. then it will, wcvb newscenter 5. ed: halloween fun, not according to some moms. the push to get these fake syringes off store shelves. heather: former red sox pitcher striking out.

police say he was told his yacht sank when his former assistant actually sold it. harvey: nice out there today. it could be a little warmer for tomorrow. the late week changes and what that will mean for the upcoming weekend. reporter: mookie betts made the spectacular play.

andrew:p the one thing about soccer that i like the most is when i put my uniform on, the age just leaves me. the ages leave all of us. we simply become kids again. r i think all of us play for that very reason. t it makes us the child we once were. p the years just glide away, and i'm back to where i was. p you are that little andy guy who used to be down in me, and i get to be that person all over again.

my name is andrew, and bluecross blueshield has me. >> you' re watching newscenter 5 at 6:00. heather: a lowell man who doused a store clerk with gasoline in january will spend up to six years in prison. surveillance images captured 30-year-old john soiles, in a mask, at jerry' s food store. prosecutors say he threw gas on the clerk and threatened to set the man on fire with a lighter, before running off with hundreds in cash. fortunately, the clerk was not hurt. ed: boston police arrest three people during a planned protest of a new natural gas pipeline in west roxbury. the new five mile long pipeline is expected to run through west roxbury and dedham. the protestors were attempting to block construction of the pipeline on washington street opponents say it is dangerous

because it runs in front of the west roxbury quarry -- where rock blasts occur. heather: the water is running again in part of the north end. service was shut off this morning, after a water main break on prince street. there was significant damage to the road, and water seeped into nearby buildings, flood at least one basement. prince street will remain closed between salem and hanover until at least tomorrow. ed: 65-years after a reading veteran disappeared while serving in north korea, he has finally been laid to rest. army sergeant christopher vars army sergeant christopher vars was honored today in reading before being buried with full military honors in everett. he fought in world war 2, and was listed as missing in action while fighting in north korea in 1950. his remains were recovered years ago in a pow camp, but were only recently identified through a dna match.

>> he was part of the greatest generation. a time where men and women of this country all game together in unison. ed: vars was the recipient of many awards including the purple heart, the pow and mia medals and the combat infantryman badge. if you look outside, it is 61 degrees. still beautiful. heather: lesson today spectacular? perfect. harvey says it is designed to be even warmer tomorrow. we take a closer look at the forecast. plus: the sweet photo that' s going viral. this little girl' s mom shares the touching story behind her adorable reaction to a portrait

ed: former red sox pitcher bronson arroyo -- back in the news. his former assistant is charged with stealing his yacht! arroyo was the pitcher for the sox in 2004 when arod slapped the ball out of his hands.

yesterday in tampa and charged with grand theft and forgery. police say he fraudulently sold arroyo' s vessel -- valued at approximately $167,000 -- for just $22,000 in july 2013. he had been fired in 2012. arroyo learned about the sale when the new owners contacted him following a dispute with the suspect. heather: new at 6:00, anger is growing online over a halloween item some say sends a confusing and dangerous message. a new hampshire elementary school teacher posted on facebook about these halloween syringe pens. she was outraged that target is selling "toy hypodermic needle syringe pens for children ages "4+" in light of the current heroin epidemic. her post asking people to contact target has gone viral. target is not pulling the pens, and notes that the same type of product can be purchased from

ed: a picture. take a look. a picture perfect moment to last a lifetime. look at this smile. that' s 5-year-old celia...from cranston, rhode island. this picture is making a lot of other people smile as it goes viral online. celia -- who is battling leukemia -- brightened up when she saw the photo of what she looked like before she started chemotherapy. she also has down syndrome. her mom says it was taken four months before her leukemia diagnosis. >> was happy to see celia look at a picture of herself and just see herself. she didn' different. weight. her. it was nice for her to not have the full understanding of what she has that innocence to protect her from that, which is really great because i live want s going through right now. she doesn' t complain about it

and she has been so strong. we are really proud of her. ed: indeed. her face is adorable. heather: i' m going to cry. ed: she' s trying to bounce back from chemo treatments. they will last two years. heather: her hair will grow back. ed: hopefully. harvey: god willing her smile will get her through. let' s talk about early this morning. locally, it may have been frosty . norwood was 32. that belies what the day turned out to be as temperatures soared from the chilly morning readings, 70 in pittsburgh. almost 70 after starting at 32 in norwood.

64 was the high in boston. a shade under the average. boston would have made it a little above the sea breeze prevented that from happening. most areas were a little warmer. another below average day in the books. i think tomorrow will break that streak in boston. the month is almost five degrees below average. a few clouds to the west, but it is a beautiful evening. 58 degrees. a breeze off the water. but it is light at this time. upper 50' s along the shoreline with cooling sea breeze. ocean water, slowly but surely temperatures on the decline at 57 off of boston. late tonight or early tomorrow, not as chilly and left nine. patchy clouds around later tonight into tomorrow morning. warmer to the south and west. tomorrow' s high temperatures will be a few degrees warmer

boston should make it to at least 70 and no seabreeze tomorrow. in that case than surrounding areas. but 70 or low 70' around the area. another nice day coming up. low 50' s and then degrees for the high temperature. nice weather tomorrow and thursday for the topsfield fair. warmer tomorrow than thursday but both days should be pretty bright. here skies around the region. patchy clouds to the west. clouds more expensive toys pennsylvania and new york state. they move through early tomorrow. but there is no rain. the air is dry overall. patchy clouds early and then sunshine. mild temperatures for tomorrow. a fair amount of sunshine thursday but the air mass will be chillier. 5-10 degrees cooler. we have a front that might have

enough moisture to produce showers. it' s approaching late friday and occurring overnight friday night. most indicators that it will move fast enough so we get cleared by or during saturday morning. beautiful weather tomorrow and a little cooler but he' ll for thursday. friday, showers at night with clearing coming in on saturday. this is a huge weekend to go up north, the columbus day weekend where the colors will be sparkling in the weather looks clearing saturday and sunshine on sunday into monday. probably monday looks to be the mildest of the three days. cool nights, pleasant days. classic fall weather. it could be lining up for columbus day weekend. hopefully that will stay intact. we will have an update later tonight. i' m harvey leonard. >> now sportscenter 5 with mike lynch. mike: bruins open the season in roughly 48 hours and this morning they had their captain which is something that hasn'

happened in a couple of weeks. that is encouraging news. chara has been out with an upper body injury, he had light contact today -- he had been skating on this own for about a week. with dennis seidenburg out with back surgery the bruins are thin on defense. >> i' m doing drills. that is a step forward and that is where it is today. >> it is a good sign to have him out there today. we are continuing daily evaluations and we see how he is feeling tomorrow. we will continue to do that until we know whether he is ready to go. right now, it was nice for everybody to see him up there practicing. it' s his first practice in quite a while. mike: italy is great any time of the year, especially in october. milan is where the celtics have been camped and where they played this afternoon -- which was the evening in milano. celtics are there for a couple

they were superstars around town. getting a lot of recognition. they spent time giving clinics and doing sightseeing as a. as for the game this afternoon, david lee , 13 points and seven rebounds. three assists as well. the celtics had it their way today, dominated five players in double figures. shot close to 60%. isaiah thomas off the bench with 18 points. they play riel madrid thursday completing a two-game tour. a group of angry lions in detroit, should have been the winning touchdown. but that play is more significant. zone. out intentionally. the officials ruled a touchback, gave the ball to seattle. it was the wrong call. the lines should have had the call on the one lord -- 1-yard line.

meanwhile, major league baseball wildcard. cups at pirates. cubs at the postseason for the first time since 2008. this is in chicago. cubs have not won since 1908. the yankees host the astros in a wild-card game. guess who is not the starting lineup? jacoby ellsbury. two years ago the yankees went after him, paying him $153 million and he is benched for a one-game playoff tonight. hard to believe. finally tonight, mookie betts has accepted an invitation from the professional bowlers association to participate in the world series of bowling in reno december 7 through the 19th. he has two perfect aims to his credit. he finished third in a tennessee

high school championship in 2010. actually, he played basketball in the winter in high school. they had a bowling team that played in winter. when he wasn' t playing basketball, they let him go bowling. pretty good actually. heather: is there anything he can do? coming up, at 11:00. a touchdown meaning so much more off the field. the surprise tribute to a local mom battling cancer. and the special team effort to make it happen. that' s tonight at 11:00 after "quantico." first, david muir and "abc world news tonight." >> federal investigators joining behind, the urgent search for the ship went down. nearly 30 americans and the new discoveries today. the second air scare in 24 hours. the pilot going unconscious in the cockpit after newscenter 5. >> on chronicle, sportscaster

the claims that cannabis eases pain, but the system, does it work? insi

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i feel too young to be this old. not her full-time job. i'm the boss of me, but sometimes i need a little help. r has masshealth, t about senior care options. we make it easier. ed: lynch says he has not great

heather: how do you get rid of all the acorns? i feel like i have to wear a helmet in my yard. harvey: a lot of people tell you it means a really cold winter, but i don' t think so. heather: i' m not buying that either.

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