randy: good morning. 4:30. tuesday, the first of december. i'm randy price. emily: i can't believe it. i'm emily riemer. stories we're following on the eyeopener right now. new surveillance video captured moments before a murder in new bedford. the images you'll see only on 5 as police piece together the clues. randy: lawyers for the marathon bomber head back to court today. the push they're making as their client faces death. emily: a second arrest in the worcester armory theft. how police linked the suspect to the stolen guns. randy: an update on rob gronkowski's injury. why the hit wasn't worse. and when we can expect the tight end to return. emily: we'll get to all of that. first though cindy here with your forecast. another cold morning. cindy: cold and dry now but it

then there will be some rain coming in. you do not want to leave your house today without an umbrella. that being said look at the temperatures. we're above freezing in boston but that's about it. elsewhere we are running in the 20's to around 30 degrees. so cold air is in place with still some clear skies. you can see off to our south and west there is rain. and this is moving in our direction. and the concern this morning is that the temperatures outside of the city of boston may not be warm enough as that rain comes on in. you can see here by 8:00 this morning, still perhaps a glimpse of sunshine. then we're clouding over. looks like the rain comes in to the boston area after lunchtime today but out of the western part of the state, it could come in before lunch. at that time, west of worcester out toward the berkshires, it could be cold enough for just a couple of areas of freezing rain. that is a concern because you don't need a lot to make things very slippery. you can see here on the timeline as well through 8:00 this morning we're dry. no concerns for the morning commute. it's mid to late morning. you can see we are starting to just get that precipitation in

the state. and then during the afternoon, it spreads on in. still pretty light for the evening commute. but during the overnight hours, that's when it gets a little bit heavier. throughout the day rain developing. temperatures coming up into the 40's as we get into the afternoon. let's get you out to the roads this morning. fortunately dry. no worries just yet weatherwise. olessa: good morning, everyone. it's a quiet start. we are watching that overnight construction. a live look at the zakim and the leverett connector. so far we're in good shape. let's get to the maps and check out the overnight roadwork. if you're traveling 93 south into boston we have that construction at the zakim bridge. south of town roadwork on 128 at 95. also on the ramps from 95 to 128. and then once again on 128 great plain avenue to highland avenue. watching more construction as you travel 128 south from 4 and 225 to route 2 and so far we're expecting the trains tan buses to start the morning on schedule. emily. emily: thank you. only on 5. new images of a new bedford cab driver just minutes before his murder. right now police are searching through this video looking for clues into saturday's killing.

here with the new leads in the case. erika? erika: randy, emily. robbery seems to be the motive in the shooting death of donald depina. now sources tell us police are looking for two young men, ages 14 to 18. those sources say police have surveillance video from both inside depina's cab and from the gas station where he picked up his last fare. depina would later be found shot dead next to his car in the parking lot of brooklawn park. the 66-year-old was a vietnam vet and once served as new bedford's veteran's agent. >> my first sergeant in the 483rd engineers. best man i ever knew in my life. erika: depina leaves behind grandchildren. a "go fund me" page has been set up to help with funeral expenses. emily?

found guilty of homicide in the death of a transgender woman in the philippines. the verdict coming down overnight. private first class joseph scott pemberton was convicted of strangling the woman and leaving her body in a hotel room last fall the murder caused anger and outrage in the phillipines. over u.s. military presence there. the two had met at a bar. pemberton was sentenced to 6 to 12 years in prison. emily: stories we're following right now. cell phone photos lead to the arrest this woman a second suspect in the worcester armory theft. police say photos show ashley bigsby holding one of the stolen handguns. the f.b.i. says placemats in the background match those found in bigsby's apartment in dorchester. she's due in court on thursday, charged with lying to the f.b.i. another suspect, james walker morales, is accused of stealing the weapons, and trying to sell them. police say he was wearing a g.p.s. bracelet the night he broke into the armory. investigators have now recovered all six stolen assault rifles, but they're still looking for six stolen pistols.

reward for information. the chicago police officer charged with murdering a teenager is free on bond. jason van dyke is charged in last year's shooting death of laquan mcdonald. the black teenager was shot 16 times while walking down the street carrying a knife. police dashcam video of the shooting-- released over a year later-- sparked protests in chicago last week. randy: it's 4:35. lawyers for the boston marathon bomber are heading back to court today. right now, they're pushing for a new trial based on a supreme court ruling that they say puts some of dzhokhar tsarnaev's convictions in jeopardy. the eye's todd kazakiewich is live at federal court this morning. todd, good morning. todd: good morning, randy. that ruling was made in june after dzhokhar tsarnaev's trial. it struck down part of the legal definition of a so called "crime of violence." tsarnaev's team says that means his convictions on 15 such counts should be thrown out. in all, tsarnaev was convicted

sentenced to death. his lawyers think he should get a new trial claiming his death sentence on some of those counts was likely influenced by those "crimes of violence." they'll also argue that tsarnaev should be given a trial in a different location because outrage and publicity in the boston area prevented the jury from being impartial. tsarnaev is being held at the federal supermax in colorado and will not be at the hearing. he was convicted of killing three people and injuring more than 260 others at the marathon finish line. reporting live outside federal court in south boston, todd kazakiewich, wcvb, newscenter 5. emily: the defense gets the case today in the philip chism murder trial planning an insanity defense. the eye's sera congi is live at the courthouse in salem with the developments after the prosecution rested. sera: yes, there was a comment made by the prosecutor, and that comment was the first we've heard about a possible motive. that comment made after the jurors had left the room and

case with a final witness, the last testimony, from one of colleen ritzer's friends. surveillance video shows sarah giaquinta-- a fellow teacher-- talking to ritzer. in the hallway. moments later, chism would follow ritzer to the bathroom where prosecutors say he killed her. giaquinta told the jury they talked about chism briefly. >> what did colleen say to you just about why the boy was in her classroom. >> she said i don't know why he's here. sera: also on the final day of the prosecution's case the doctor who we are formed the autopsy on ritzer who described her gruesome injuries. in all the prosecution called 36 witnesses. the defense is expected to call family members to testify on a history of mental illness as well as experts who evaluated chism. today a judge will also make a ruling on a rape charge focusing on whether ritzer was alive during the assault. that could result in a heftier sentence for chism, if

live in salem, emily: patriots tight end rob gronkowski will miss sunday's but he's expected to miss two the pats' camp tells our mike lynch the knee injury from this hit is, quote, "not bad." that's because his leg was in a whipping motion and not planted. we're also told all of gronk's previously repaired ligaments are in tact. dont'a hightower, who was also hurt in the broncos game, will be out for two weeks with a sprained m.c.l. 4:38 right now. a big show of support for presidential candidate hillary clinton. randy: the event held in washington for the democrat. and the obvious no-show sparking questions. cyber monday deals breaking the internet? the trouble for target shoppers this holiday season. cindy: it is a quiet start today, but things are changing. rain is going to be moving in. and we could see some freezing rain as well. plus my timeline on a warm-up later this week.

the help she's now seeking from

randy: good morning. 4:41. a new hampshire woman, who has spent years helping others, is asking for help. emily: the gold star mom needs a kidney, and time is running out. joanne clark's son chris was an army veteran suffering from ptsd. started "annie's angels chris's pets for vets" to raise awareness about post tramautic stress and help veterans adopt but a diabetic most of her life, joanne now has stage 5 chronic kidney disease. she's on a waiting list for a transplant, and that could take years. her husband created a website to

the country have responded. >> humbling just to know that perfect strangers will step up and try to help. emily: while she waits, joanne focuses on her organization which has helped 80 veterans with ptsd. president obama returns from a historic conference on climate change. randy: the pushback he's facing right now from republicans. a different take on pictures with santa. the adorable photo shoot going

randy: good morning. 4:44 on this tuesday morning, right? emily: it is. randy: here we go. another wintry blast across the country. this is video from minnesota where several inches fell yesterday. and that snow was expected to continue into the overnight hours. emily: it is the first of december. cindy: it is. december 1, meteorological winter beginning. you know, it's early. cindy: is this like a holiday for you. cindy: no but it is the beginning of changes. there's the snow swirling around back there. we are going to see the warmer side of this system coming on in. and it is going to bring us some rain. it will be spread out over a couple of days so low impact this morning on your morning commute but this afternoon into tonight, the rain is going to ramp up. we are going to see a bit of a lull early tomorrow before another round comes in in the afternoon. this is spread out over a couple of days. before we move forward here in the month of december, just want to touch on the month of november because you know it was

yesterday our high was only 38 in boston. so it brought down our average but nonetheless, tied for the 8th warmest november on record in the boston area so it was a mild november overall. the temperatures this morning are only in the 20's though. notice the mid 20's even down on the cape this morning. boston one of the few spots above freezing at 34. 30 in worcester. you have some mid 20's here on the north shore, beverly. we're running in the teens back to here. my concern is as we move into the morning hours in the western part of the state the temperatures may not have a chance to come up before the rain moves in. it's warmer right now aloft. the cold air is hanging at the surface. it may be tough to scour out west of the worcester area. out this way through noontime there is the potential for a little bit of light freezing rain to develop. that can make things very, very slippery so do keep that in mind. you can see the skies are actually main clear so we're just starting to bring in more clouds. as the sun comes up this morning, we may get a glimpse or two. that's it.

then we wait for this first wave of rain to move on in. i say first wave because this is associated with one area of low pressure that is going to move on in. the main storm is still back to the west. as this front approaches tomorrow, a new storm develops on it and moves in our direction. we've got a couple of days of wet weather here. let's break down the timeline for today and get a little glim pts of sunshine possible through 8:00 this morning. the sun is up at 6:53. by noontime, temperatures will actually be coming up in the lower 40's in the boston area with that rain moving in but it will stay cold er to the north and the west today. upper 0's to around 40 degrees by the afternoon. make sure you have the wet weather gear. initially this morning it is dry but as we get closer to noontime notice very light rain breaking out in the western part of the state. that's where it could be a little bit of freezing rain mixed on in. and then during the afternoon showers come on in. but i think the steadier rains come in during the overnight hours. this is 11:00 tonight. could eastern be downpours. we are going to see a bit of a lull in the action tomorrow morning. in terms of tonight, temperatures in the 30's to

they don't drop too much. and tomorrow with more of a southwesterly wind, we actually do jump to around 50 degrees. but as one area of low pressure moves out, here comes the next one for the afternoon hours. so the wet weather is going to keep going right on into thursday afternoon before windy thursday. so we will clear things out on thursday but tomorrow with additional rain coming in in the afternoon, take a look at the rain totals here between today, tonight, and tomorrow we're talking about a widespread half an inch to an inch of rainfall across the area. the highest amounts on the cape and the islands. nonetheless, the winds kick up on thursday. this gets the rain out, gets the sunshine back. you're looking at a sun-filled first weekend of december. look at that. by sunday, it could be around 50 degrees. olessa: hopefully this is a sign of things to come. so far it's a quiet start on the roads for you. there is a live look at the pike by allston/brighton. that's eastbound move to go the top of the screen. so far so good in both directions. we're watching overnight construction that's left over. let's get to the maps. i'll show you where that is.

that will be picking up in the next 20 minutes or so as you travel south of town watching that roadwork clearing as well as here on 128 by 95. and the same story once again by great plain avenue and highland avenue. the pike looks good out of framingham. route 9 no problems this morning. more construction in place on 128 south from 4 and 225 down to route 2. so far we're expecting the trains and the buss to start the morning on schedule. randy? randy: the u.s. house is refusing to back president obama on a climate change deal. republican leaders say they will not commit taxpayer money to support an accord reached in paris. the president is urging the private sector to help reach targets set by world he returns to washington today while the conference in paris continues. emily: commitment 2016. climate conference gets slammed by new jersey governor chris christie. stops in new hampshire yesterday.

conference appearance calling it, quote, insulting. christie, who's been lagging in the polls, received a boost this weekend when "the manchester union leader" endorsed him. hampshire today. the republican front runner will waterville valley. organizers expect a thousand people to attend. randy: meantime, the democratic frontrunner held a fundraiser in washington, d.c. and a notable face was absent. massachusetts senator elizabeth warren was the only female democratic senator not present at last night's event. warren signed a letter in 2013 urging clinton to run for president but has yet to emily: a check of economic headlines this morning. today after improved manufacturing in japan. right now, stock futures are up on wall street after the dow plummeted 78 points at the close of cyber monday. record sales were expected for cyber monday. but target's website couldn't keep up with the demand. the site kept shutting down yesterday asking customers to "hold tight." target set up a virtual line

control the traffic. trending stories we're following now. cyber monday lends to giving tuesday. and a boston marathon survivor is asking for your help. adrianne haslet-davis is asking holiday shoppers to consider donating to amputees before spending lots of cash. benefit, as she has, from a prosthetic. adrienne is working with "limbs for life" to try and make prosthetics, which are expensive, available to all. emily: a bizarre mystery finally explained in china. video captures two vans appear to levitate off the street. the same thing happens to another car heading the other way. but it's nothing supernatural. there was a steel cable that got tangled up in the cars raising them off the ground. randy: a precious moment for a

visit with santa. the indiana boy was snoozing went along with it and took some great photos. the images have been viewed ahead in news to go. an impressive ice sculpture in oklahoma. emily: the literal sign of a thaw that came naturally. then new on the eyeopener at 5:00, benched by constant knee pain despite multiple surgeries. one patient is getting a first-of-its-kind implant. how it could help thousands who

randy: good morning.

breaking news right now in your early news to go. emily: a guilty verdict handed down overnight in the trial of a new bedford marine. private first class joseph scott pemberton was convicted homicide in the strangling death of a transgender woman in the philippines. her body was found in a hotel room that the two got after meeting at a bar. he was sentenced to 6 to 12 years in jail. randy: also breaking. investigators say the pilots' response to a rudder problem is to blame for an airasia crash in indonesia. the transportation safety committee says the malfunction happened repeatedly during and before the flight. the pilots involved in last year's crash were overwhelmed with electronic warning messages and ultimately lost control of the plane. all 162 people on board were killed when the plane crashed into the java sea. emily: police are looking into surveillance video captured minutes before the murder of a cab driver in new bedford. this is video you'll see only on 5 this morning. police believe robbery was the motive in the death of donald depina.

looking for two young men, ages 14 to 18. those sources say police have surveillance video from both gas station where he picked up his last fare. randy: a probable cause hearing will be held today for one of four people accused in a grisly marshfield murder. mark o'brien of south boston has been held without bail since his arraignment. police say he was the driver when he and others broke into robert mckenna's home back on september 16th and murdered him. o'brien has pleaded not guilty. the colorado man accused of killing three people at a planned parenthood clinic, including a massachusetts native, could face more charges. prosecutors made that announcement during robert lewis dear's first court appearance yesterday. he's charged with first degree murder in the deaths of three people last friday, including melrose native garrett swasey. emily: a teenager shot outside a roxbury school is expected to survive. boston police are still looking

near the john o'bryant school. that building and two other schools nearby were put into safe mode yesterday. the 16-year-old victim attends the nearby madison park high school randy: the newly-elected mayor of alaska's capital has been found dead. juneau mayor stephen "greg" fisk was found dead at his home monday afternoon. police are investigating but would not comment on the manner of death or if it appeared suspicious. the 70-year-old recently defeated incumbent mayor merrill sanford. emily: pope francis has wrapped up his historic trip to africa. on his final day, the pope visited a mosque and the last remaining muslim neighborhood in central african republican's capital. the city has been troubled for months by violence between christians and muslims. many there say the pope's visit is a sign that the war is over. randy: a new report says the "t" should have foreseen massive problems with the green line extension. consultants hired to investigate

should have known early on that its first estimate of $2 billion was too low. they say the new estimate of $3 billion may also fall short. the report faults the "t" for not assigning enough personnel to the project which extends the line into somerville and medford. take a good look at this. sign. right below it that's a mirror image in ice. that formed on the side to begin with and then slid down in oklahoma. we've had a bit of thaw there. pretty amazing sight though. cindy: it's warming up there. it only take a tiny bit of ice to cause travel problems. we are concerned in the western part of the state this morning that there could be a touch of freezing rain moving in later this morning so something we may be talking about here. any rain is a good thing right?

we're in the last month of the year. you go back to the first of january and we are behind by about 9.5 inches in boston and 8.5 inches in the worcester area so w really could use some rainfall. we are going to get some here. i want to show you what's moving in from the south. rain around new york city will be moving on in as we get closer to lunchtime. this is just one little piece here of a storm system that is going to bring in multiple rounds of rain so we've got one coming in as we head toward lunchtime and into the afternoon. a break in the action. more rain is going to be coming in. but you see this? here back toward minneapolis. that is snow. this system will track to our west. we're talking about warming it here. morning commute today. but by this afternoon and this down. that will have an impact. a little break in the action tomorrow morning and then round 2 comes in tomorrow afternoon. so this is stretched out here over a couple of days. we'll come up into the 40's today though as that rain moves on in. and the rest of the country not seeing any real bitter cold for the moment so we are going to see the temperatures come up a

on the backside of this system