emily: it's wednesday october 7 good morning. i'm emily riemer. erika: thanks for being up early with us . and i'm erika tarantal. here are the stories we're following on the eyeopener right now. the trial for the teen accused of murdering his math teacher begins today. emily: the issues legal experts believe will be key to his defense. more legal trouble for bella bond's mom. the new charges that may be added to her case. erika: a fantasy sports scandal. the new investigation over the possible use of insider info used to win big bucks. emily: we'll get to those stories but first a check in with cindy. a spectacular day yesterday.

today is going to be the warmest day of the week weather perfect wise. not as many 30's as yesterday morning. lots of 40's in the north shore . worcester county, one spot in the 30's. otherwise 40 as you're heading out the door on on cape cod this morning. clouds are coming out well in advance of a cold front that is going to bring in cooler air tomorrow. we're going to warm it up. by 10:00 a.m. we'll be closing in on 60 and up into the 60's and bright sunshine this afternoon as any cloud cover thins out. mostly sunny skies. it is a pretty nice day. temperatures take a little tumble down tomorrow. we'll feature that and the holiday weekend coming up in just a bit. good morning, olessa. olessa: no problems to report.

lover connector looks ok. let's get to the map. 93 southbound work. and also work by the south bay mall. and by route 28 and 124. road work in place on 128 and as you travel on the ramps there, they are closed from the pike to 128 in both directions. there is some construction on the pike. we're expecting the trains and buses to start the morning on schedule. erika: stories we're following right now. in just hours a jury will be picked in a high profile murder trial. philip chism is charged with raping and murdering his math teacher, leaving her body covered in leaves behind danvers high school two years ago. we know the 16 year old's lawyers plan to use a mental health defense. and jurors will not hear chism's alleged confession to danvers police after the crime. emily: new trouble this morning for a local company involved in a fantasy sports scandal.

new york's attorney general is now opening an inquiry into draftkings and fanduel. jim? >> it is no laughing matter. all eyes will be on maese to see what the state does as this controversy continues to grow involving draftkings and fanduel.com. the investigation comes after an employee of boston-based draftkings won $350,000 on rival site fanduel, based in new york. ethan haskel won the money the same week he accidentally posted information on which players were being picked the most in fantasy drafts. that could be considered insider information. but fanduel says there's no evidence the information led to the win. >> this is an industry that's growing. it's new industry and it's growing like gangbusters, and it's something we're all just leaning more about. >> that's massachusetts attorney general maura healy. new york's ag wants information on the companies' rules for employees. both draftkings and fanduel have

from betting on their own sites and now they have temporarily banned from rival sites. espn has also cut sponsored draftkings elements. emily: jim, thank you. holding out hope in winthrop. the community coming together to honor a massachusetts man feared lost at sea. all while search teams look for new clues. keith griffin was on board the el faro cargo ship when it disappeared in a hurricane last week. last night friends and family gathered just across the street from where the mass maritime grad grew up. his wife, katie, is expecting twins. she tells us she last spoke to her husband a week ago, and he told her the storm would likely keep him up. >> it's a tough situation. hope his family's ok. hope his wife's doing ok, you know? erika: two other crew members have massachusetts ties. mariette wright is from assonet,

massachusetts. and a vigil will be held tonight for jeffrey matthias of kingston. one body has been recovered in the search for the cargo ship. bond's mother could face additional charges. rachelle bond pleaded not guilty to accessory after the fact in the death of her daughter, known as "baby doe" as investigators worked to identify her remains. bond's boyfriend, michael mccarthy, is charged with the toddler's murder. the state medical examiner's office has yet to rule on the exact cause of death. funeral services will be held today for the worcester toddler found dead in her crib. investigators are still working to determine how gigi brown died. her family has said dcf had been involved with the family and expressed concerns about the safety of the wellington street apartment where she was living with her mother. aaron hernandez is making another legal hail mary. his lawyers are trying to get murder charges against him tossed. they say

murder in boston. there is not enough evidence linking he was back in court yesterday. the defense also wants evidence seized from the s.u.v. hernandez was in that night thrown out. the former patriot is already serving life for killing odin lloyd in 2013. erika: a disturbing sight in south carolina. coffins unearthed by historic flooding. this is far from over. >> it really is. the water levels are still so high this morningcrews in columbia will scramble to repair a breach in a canal. they'll use thousand pound sand bags to close the gap. if they can't, water in the canal could drop to low levels- and leave the city with less than a day's supply of water. more than 40,000 people have already been without water for days. >> i have three children at home, we don't have anything to even flush toilets or take showers. >> at least 17 people are dead in the floods. all eyes are on more than a dozen dams that could burst, creating even more danger.

we will be watching that situation closely and we will continue the bring you updates. emily? emily: thank you. a republican presidential candidate facing new criticism for comments about the deadly campus shooting in oregon. doctor ben carson opposes new gun control laws to counter mass shooting. here's his response when asked a hypothetical question about how he would react if the shooter at the oregon community college pointed a gun at him. >> i would not just stand there and let him shoot me. i would say hey, guys, everybody attack him. he may shoot me but he can't get us all. emily: carson is also criticizing president obama's decision to visit victims of the oregon shooting saying if he were president he would have far too many other things on his agenda. hillary clinton is picking up some support in maese. stanley rosenberg is the latest to join.

around joe biden possibly running. 4:37 now. the parents of a toddler want answers after the death of their son. the infection the child developed after a trip to the county fair, a new timetable for repairs after a major train derailment. just how long the fix is expected to take. emotional score the gesture a local mom will never forget. cindy? cindy: get ready for the warmest day of the week. i'm tracking some rain.

that's a big bull. i think that's old cyrus. 1800 pounds of do whatever the heck i want. take the long way, huh? thank you cyrus. lease an mkc for $299 a month

a toddler is dead and another after contracting e.coli. now that bacteria is being the children had visited the oxford county fair in maine just symptoms. colton guay's parents say the 20-month-old's condition quickly deteriorated. he started having seizures which ultimately led to his death. now the state veterinarian will check the animals at the fair. >> he cried. i cried. everybody in the stands were crying. >> it's a play -- that meant so much more off the field. evan falanday scored his first touchdown with the lemonister 8th grade blue devils on sunday. but it's what happened after that he'll always remember. teammate justus reynolds got things started -- running for 50 yards. evan got the ball on the next play -- scoring a touchdown with a ball the entire team had signed. after scoring, he ran into the stands to give that ball to his mom, who's fighting cancer. >> it was overwhelming. it was just amazing. i don't know that words can describe the feeling. that touchdown went farther than

points on the board. it was beautiful. >> the blue devils went on to win. if they make it to the playoffs, the team wants evan's mom to be honorary team captain, and lead them onto the field. >> talk about motivation? >> coming up. more trouble in the cockpit. >> a second flight forced to land after a key crew member suffered a medical emergency

hey mom, i could use some basil. oh, sure thing, sweetie. r life is eating out of a flower pot. wait where' s the? right. it' s being a food paparazzi. rhoney, your rump roast just broke the internet. as it should. and a takeout romantic. dessert! happy anniversary. life is mucho, and grande. life is eating, laughing, loving and a place to

p p i have this recurring dream p p where i actually enjoy flying r r there's plenty of room t t to stretch out v r r i never get bored r and i just feel welcome... p p then it's back to reality. r r c'mon, being treated with dignity? t t yeah, right. v v huh. v

>> another clear night it looks like. i could see the stars pretty well. cindy: we're going to give you a few more degrees. yesterday started chilly. the afternoon was delightful. that is pretty much what is going to happen today. we managed 64 in boston yesterday but some of the suburbs were up in the upper 60's closer to 70. i think today many of us will get to that 70-degree mark. it is going to be the warmest day of the week. our next chance for rain comes in on friday. it gets out of here in time for the holiday weekend which is looking pretty darn nice around here. this is showing you how we compare to yesterday morning at the same time. maybe a couple of degrees milder except on the cape where it is cooler than it was yesterday morning. you're going to notice that change. not as many 30's showing up north and west of boston. we have readings low to mid 40's. boston holding at 52 and yesterday morning we had lots of

down in the 40's this morning. cooler for you. in norwood, that is our cold pocket now. patchy fog that is developed in that area. not a concern this morning. overhead there are some clouds moving through this morning. they are in a hurry to get out of here. they will not be with us throughout the day. they are very thin. it marks the leading edge of a cooler air mass. temperatures in the mid 50's in detroit. 60's in chick and then it drops out into the 40's. we are on the mild side. skies becoming mostly sunny. temperatures holding in the mid 60's at the cost. a bit of a sea breeze. mid to upper 60's nashua, 71. taunton around 70 degrees today as well. clouds thinning out. mostly sunny skies by day.

another batch of clouds moving on through. that is that frontal boundary and on the other side of it it is gong to be a cooler day tomorrow. look for low temperatures tonight and passing clouds. 40-50ing thes. tomorrow is a bright, sunny day. light windses. a bit of a sea breeze. temperatures 10 degrees cooler than today. friday, another fast frontal boundary approaching. we're waking up to a bit of cloud cover. rain to our north and west. in terms turnover temperatures, you saw how today many of us sinking into the lower 70's. upper 50's to lower 60's today tomorrow. a cooler day thursday. showers coming in on friday. during the morning hours we're dry. the rain moves in during the afternoon and evening hours the front will be pressing eastward. saturday morning in 8:00 a.m., showers just offshore, clouds in the morning give weigh to clearing skies. a breezy, cool start to the holiday weekend.

the high temperature on saturday, barely getting to 60. lots of sunshine developing in the afternoon. sunshine on sunday. mid 60's. look at that by columbus day. sunshine up near 70 once again kind of a picture perfect fall weekend coming in. the timing is good with the holiday. >> so close. holding on with two hands. olessa: let's goforth to the maps and check out the rest of the overnight construction. 93 south, that project is picking up now. so is construction by the south bay mall. once again by route 28, 24 and 138. we also have that road work clearing. as you travel past the pike, the ramps are still closed for 10-15 minutes. there is some construction by the pike itself by the tolls and newton corner.

trains and buses expected to start the morning on schedule. erika? erika: repairs are underway after a major train derailment in vermont, but service to washington d.c. isn't expected to resume until the weekend. the amtrak vermonter derailed monday after it hit large rocks that had fallen on to the tracks. crews are also looking to account for as many as 900 gallons of diesel that may leaked from the fuel tank. the six people hurt have since been released from the hospital. a pilot is expected to be ok after passing out in mid-air. a co-pilot had to take control of the united airlines flight from houston to san francisco. the plane made an emergency landing in new mexico. it's not clear what caused the pilot to lose consciousness. he walked off the plane when it landed. passengers didn't know what happened until they were on the ground. emily: united airlines issues an apology to a newton mom told to pump breast milk in a pet relief room. liz cooper was on her first business trip since giving birth to her second child four months ago. she asked a united employee

where she could pump in private at dulles airport and was stunned when told she had two choices, the bathroom or the pet relief area. united apologized and thanked liz for providing a "teachable moment." they assured her she will have a place to pump when she heads home later this week. >> [beep] emily: a uconn student's quest for mac and cheese has landed him in big trouble. this video going viral tonight shows luke gatti going berserk inside the university's student union sunday night. the freshman confronts and shoves the manager after he refused the 19-year old service for carrying an open beer. gatti can be heard using a gay slur against the manager and repeatedly demands, "just give me some bacon-jalapeno mac and cheese." finally another employee took

him down. erika: gatti spit at the manager after he was cuffed by police. he's charged with breach of peace and criminal trespass. he was a student at umass-amherst last year and was arrested twice on disorderly conduct charges. emily: to the economy now. asian stocks are mostly higher this morning despite the international money fund's forecast for lower global growth. u.s. stock futures are up following a mixed day yesterday. the dow gained 13 points but the nasdaq and s&p 500 has -- had losses. mgm giving us a preview of what its re-designed casino in springfield will look like. they tweeted this video last night showing outdoor space, a sprawling gaming floor and a hotel lobby. this is different than the company's original concept. mgm has asked to delay the opening to september 2018 because of the changes. a warning from oil executives. domestic oil production has

too low to support production in the u.s. was growing at the fastest rate on record. experts warn that a dip in oil production around the world could mean a spike in prices. erika: target is not pulling a controversial product off store shelves, pens that look like a new hampshire elementary school teacher posted on facebook about the pens. she's outraged the toy hypodermic needle syringe pens are being sold in light of the current heroin epidemic. target is not pulling the pens and says they can be bought from several other retailers as well. emily: we told you about one new hampshire boy who got stuck in a tree. his name is anthony. he climbed the tree to see fire another call. when he tried to climb down, his leg got wedged between two large limbs, 12 feet in the air.

>> they had to use the chainsaw to get this branch down so they could use the jaws of life to free me. they had the blanket over me. i didn't know why they had the blanket over me. it just felt like i was comfortable and safe. erika: anthony suffered some bruises, but is expected to be ok. he says he has learned a valuable lesson. i guess stay on the ground? emily: he has a story to tell. erika: still ahead this morning, an apology and an explanation after the bombing of a hospital in afghanistan. that's next in your early news to go. then new on the eyeopener at

erika: it is 4:55 this morning and time for your early news to go. a danvers teen goes on trial for raping and killing his teacher. jury selection begins today in the philip chism case. chism is charged with killing danvers high math teacher colleen ritzer in a high school bathroom. he was 14 at the time. prosecutors are charging him as an adult. chism's lawyers plan to use a mental health defense. emily: no bail for an abington man who shot and killed a 27-year-old from brockton. evyn garner, pleaded not guilty to murder charges while hiding his face in court. police say garner shot and killed richard tangherlini while trying to rob him during a drug deal. the victim's best friend, who was another passenger inside the car survived. he witnessed that shooting. garner is due back in court next month. erika: a member of the mashpee wampanoag tribe's gaming commission is suspended, because of a heroin arrest. philip-earl cash was arrested monday on route 28 in yarmouth. police say an officer had pulled him over for an expired registration sticker when the k-9 signaled there were drugs

hidden inside cash's body. cash and his passenger were both arrested. emily: it was a mistake. that's what the top american in afghanistan is saying about a deadly strike on a charity hospital. he tells congress u.s. forces were near the hospital and communicating with the aircraft that launched the attack. it came at the request of the afghan army. the strike on the doctors without borders hospital killed at least 22 people. erika: former red sox pitcher bronson arroyo may tell you -- it's hard to find good help these days. his former assistant is accused of selling his pricey yacht. police say the assistant told arroyo the yacht sank he's charged with selling it for $22,000, a fraction of its $167,000 value. arroyo only learned about it when the new owners contacted him after a dispute with the suspect. emily: the first lady getting some help with her annual fall harvest.

mrs. obama planted her garden at part of her let's move initiative. students from harriet tubman elementary and bancroft elementary, who regularly help in the kitchen garden, joined the first lady. google recorded the event so that students across the country can experience the garden and learn about the importance of healthy eating. erika: a fordham university student has her college i.d. back thanks to an oscar winning good samaritan tom hanks. he tweeted -- "lauren! i found your student id in the park. if you still need it my office will get to you. hanx." lauren got word of the tweet from her roommate and made arrangements to get her card back. it is still unclear if she will actually meet the star. emily: that is an amazing shot. 12-year-old mattie from wayland -- she tossed the frisbee through her legs, off the backboard into the basket.

an amazing basket as well. erika: she should be a harlem globetrotter. emily: amazing. erika: she will probably never ever be able to do that again. that was awesome. thank goodness they were recording right when it happened. i want to share with you this picture f. it was take ben yesterday in rhode island. the water yesterday still kicking up a little bit. even though joaquin continues to move away. this is still a hurricane. the winds are still 75 miles per hour but it is cruising through the central atlantic on its way to europe in the next five day or so. around here we have some passing mid and high level clouds moving through the area this morning but they are going to thin out and it will be a mostly sunny day today. it is going to be mild. today the is warmest day of the week. lower 70's over the interior. with we are watching a cold