>> and now to this. emotions running high over a plan to relocate a popular garden at children's hospital. >> new at 7:00. newscenter 5's jorge quiroga is live at the harvard school of public health where a heated meeting just wrapped up. reporter: this was a very emotional public hearing for those trying to preserve the garden. boston's children's hospital says it is running out of space and needs a new tower to continue its mission, even if it means bulldozing the prouty garden. today's hearing, they are trying to preserve the garden -- those trying to preserve the garden called it sacred space. it's a space like no other on earth. it's where her daughter can see the sky and touch the grass, before passing away at the age of 12. >> many families have spread their ashes. children's is a part of my family. i want to protect them from doing this horrible, horrible mistake and taking away the garden. >> many parents and doctors sharing her view.

and while the state is considering the hospital's expansion plan to build a new 11-story tower, it is the prouty garden that raised the most passion. defenders saying the garden's healing assets go away beyond the care. they say it makes room for more room space. children's says it can't expand and preserve the prouty. >> because a mom and a nurse of a child that's been through an incredible amount in her life, she's had nine open heart surgeries, a heart transplant at children's, you know, one of the things i like to pass on to her are, you know, that life is about making hard choices. reporter: this is the third year of a public review on the hospital's plans. what hard choices dph makes remains to be seen. but more than one person told me, if they raise the prouty, they are ready to -- raze the prouty, they are ready to stand before the bulldozers. >> right now, boston police are

robbing people with a 12-inch butcher knife. police say this is happening in the area of washington and west boylston, right in the chinatown t shop. we're told he is he has missing teeth. if you recognize him, call boston police. >> 5 investigates now at the parole board hearing today as a convicted murderer fights for his freedom. now, he was just 16 years old at the time of the crime. mike botek reveals a ruling could make luis costa one of the first juvenile murderers to go family. reporter: this is 16-year-old luis costa, only weeks before he murdered two men on boston's north end. >> 30 years ago, i shot and killed them. two men who loved their families. and they were loved so much in return. i am sorry. reporter: 30 years later, 46-year-old costas at the massachusetts parole board, asking the board to release him. he hasn't been disciplined in prison since he was 19 and since

history from boston university. that i was 30 years ago. wouldn't have been possible a few years ago. but in 2013, the state supreme judicial court ruled life juveniles are unconstitutional. >> no one in the world should be defined by the worst minute or the worst day of their life. and that's especially true of juveniles. reporter: costas's aunt says her nephew will live with her family if he is released. >> we are sorry that we didn't do more to protect luis from his adolescent self and from the bad influences on the north end. reporter: the family of the victims, noticeably absent. representatives from boston police and the district attorney's office testified against releasing costas, saying he only admitted he was guilty after the state's highest court paved the way for his release. >> mr. costas has taken many steps in the right direction. his remorse,

it has been too little and it has come too late. reporter: the parole board's questions focus on not whether costas would be freed but when. he's asking to be released to his family instead of going to a minimum security prison first. a decision from the board could take months. >> a danvers teen convicted of killing his teacher, about to learn his sentence. loved ones are preparing to have their say. reporter: sentencing is set for tomorrow. they will be talking to the judge then and directly to him. he suggests not to the defendant in this case. the question is, not is philip chism going to spend a lot of time in jail, because he will. but when will he be eligible for parole? >> as a matter of fact, there's no parole ineligibility period. reporter: philip chism's lawyers know he's facing life. but the big question is, when will he be eligible for parole? because he was 14 when he

dan -- danvers high, he can no longer be sentenced to life without parole. prosecutors are looking at 50 years. >> the defendant couldn't be sentenced to concurrent juvenile, did. reporter: the defense thinks 26 years is appropriate, questioning the constitutionality of consecutive terms. >> i'm not going to limit the amount of time anybody speaks. reporter: the judge turned aside defense motions to limit the number of victim impact statements. nine members of the ritzer family and friends are expected to speak. >> a victim impact statement for family, for friends, coworkers, are important in and of themselves, for the opportunity for victims to be able to have their voice heard. reporter: and they'll have that chance to speak, beginning at 9:30 in the morning. in salem, jack harper, wcvb newscenter 5. >> a solemn police officers

>> he is accused of trying to hide oxycontin pills after a drug deal. john atwater is live in lynn with what happened. john? reporter: maria, this all happened yesterday afternoon, on this sidewalk here in lynn. and tonight, that officer has been pulled off the streets. >> he's been a good officer. we've had no issues or problems with him. reporter: his chief says he's been a good cop the last three years. but patrolman matthew scialdone now faces a drug charge. >> it's a break in the public trust relative to this situation. and, you know, we need to get to the bottom of it. reporter: investigators say he was the driver yesterday who picked up a friend, who had just purchased oxycontin pills from two brothers on this lynn street corner. >> the driver of the week appeared to be stopping at something, a cardboard box. they discovered there was oxycontin. reporter: the 35-year-old is now facing a possession charge and many questions from his chief, who says she never saw any signs

that we pay attention to, to, you know, their conduct, their behavior. anytime that they may actually be calling in sick. and that has not happened. reporter: three others are also charged in the case. during the investigation, scialdone has been taken off the streets. >> i find it disappointing myself as the chief, that this is something that, you know, one of our officers engaged in. reporter: he now says he will be going through a drug treatment program. we're live in lynn, john >> john, thank you. other big stories we are following right now a connecticut family who made national headlines, now suing boston's children's hospital. three years ago, justina pelletier went to children's for treatment of a rare disease. now her parents claim that doctors diagnosed her problem as psychological. when the pelletiers wanted to take her to tufts, they claim that the doctors accused them of medical child paus abuse and called d.f.s.

>> the hope is, through the bravery of my daughter, justina, who fought like no child should ever have to fight, hopefully we can stop this. >> children's hospital would not comment specifically on the case, because of privacy issues, but also said that they welcome the chance to defend their care of justina. the mother of bella bond, she's going to stand trial in december. rachelle bond is charged as an accessory after the fact to the child's murder. bond claims that she couldn't come forward because she was under the control of her boyfriend, michael mccarthy. now, he has been charged with the girl's murder. bella bond's body was found last summer on deer island. this triggering a chain reaction. officers were working a traffic detail this morning, when they heard this crack. well, they ran, and minutes later several utility poles fell right down to the ground, right where they were standing. formerly, the officers were not hurt.

judge to vacate the order from the f.b.i. to unlock the phone of one of the san bernardino terror suspects. in court documents, apple says the f.b.i. is seeking dangerous power, those are the words, that could have disastrous consequences for digital process. last week, the government ordered apple to help unlock the phone. also, it was announced that apple's senior v.p. will testify in front of congress next month. to your economy. kohl's plans to close 18 underperforming stores, sometime this year, 2016. but we don't know which ones until next month. kohl's says the move is being made to meet the needs of the company's online customers. kohl's has about three dozen stores in massachusetts and new hampshire. >> and stocks posting a solid gain on the strength of higher oil prices, the dow gaining 212 to close at 16697, nasdaq climbing more than 39 points. s&p 500, that rose nearly 22. let's take a look at local stocks.

a point. emc, up less than a point. the reality of the struggle to recover from opioid addiction. the new treatment -- >> your brain feels like it's about to die if you don't get the drug. >> the new treatment. and how a tiny implant can help overcome challenges. >> they are banned in a lot of massachusetts schools and universities. the new place that hoverboards will likely soon be off-limits. >> a few showers tonight as cold air is poised to move back pbuilding a better bank starts with looking at something old, like this... and saying, "really?" pso capital one built something new - caf\s. pwhere you can unwind with free wi-fi and banking advice, without all the mumbo jumbo. pfree checking accounts. no minimums, fees or gimmicks.

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>> you're watching wcvb newscenter 5 at 7:00. >> the mbta has plans to take hoverboards. the agency is working on banning stations. there is no date as to when a ban will take effect. there have been dozens of cases around the country of those flames. new york city has already banned hoverboards from public transportation there. >> 35 on the -- 5 on the opioid crisis. in the next couple of weeks, the f.d.a. is close to approving a cutting edge way to deliver a drug that helps in recovery. heather unruh tells us it actually has the backing of someone you know very well, who is in recovery himself. reporter: the oxycontin was prescribed for pain after back surgery. but the high got him hooked. >> i had an opiate addiction. i abused oxycontin.

former former congressman patrick henry calls life after oxycontin excruciating. >> my brain was screaming out, i need more! i need more! in fact, your brain feels like it's about to die if you don't get the drug. reporter: that's why so many recovering addicts fail says dr. mendenhall. >> 95% of people who suffer from opioid addiction are not going to be successful, unless they're provided access to opioid replacement therapy, like methadone. reporter: one was a lifeline for kennedy. >> it allowed me to function. i really was not kind of heading for the cliff. on a daily and weekly and a monthly basis. reporter: but taking a drug daily to stay clean often feels like using, something a new long-acting implantable drug solves. >> it's implanted into the body, with very simple little incision. it's basically placed underneath

and it's effective for six months. reporter: which means fewer required doctor visit. >> and they can eliminate that has been habitual behavior. reporter: kennedy, who lobbied the f.d.a. for the implant's approval calls it a game changer, a bridge to recovery. >> the beautiful thing about what's coming down the pike is that it just gives us more tools in our tool kit. >> and that is so important. there have not been enough tools for recovering addict. next few weeks. a magic bullet. the withdrawals. but users still need a comprehensive treatment approach, including family support, care. this lets them focus all of their attention on getting well. >> is this a one size fits all? >> no, it's not. they really want this to be for people who have demonstrated a

so not immediately when you're coming out of detox. you have to demonstrate some ability to stay clean. >> and the doctors prescribe it? >> interesting. fascinating. >> it's a great new tool. it's going to be really recover. >> time now to get it over to mike wankum. >> these are high temperatures today. remember, this is february. remember, a year ago, we never had seen anything like this. maybe this was how much snow fell in inches. 63, the high in boston. 64 in springfield. when did that all happen? most of us were probably sleeping. it happened in the middle of the night, about 3:00 in the morning. they were both very close to record highs for this time of year. amazing stuff! now we've actually got our colders temperature of the day. 47. a few light showers. west-southwesterly winds. gusting up to around 32 miles an hour. gusts around 40 miles an hour in nantucket. tomorrow, the

with a busy wind and much colder temperatures, wind chill index is back with us tomorrow. it will feel more like the mid-20's. you'll see that as the next batch of cold air starts moving in, we're squeezing more moisture out of the atmosphere. the big rains were last night. two to four inches of rain in some spots. tonight, really just kind of light scattered showers. every once in a while, you see a little band forming. as you look south, we're seeing a little band that kind of lines up, aims its way down towards bridgewater, sliding into plymouth eventually. as you look off to the west, more, right along the pike. if you are driving out west, you're probably getting slowed down a little bit by rain showers out there. you can see the back edge, back right. we'll keep scattered showers going to 11:00. not cold enough to worry about ice tomorrow but certainly much

so tomorrow, we start your day off with clear skies. temperatures on the cool side and they just do not warm up much tomorrow. look for highs into the 30's, which is really where we're supposed to be this time of year. a few evening sprinkles and showers. partly cloudy skies. tomorrow, early clouds. mostly sunny. 34 to 40 for your high temperature. let me break it all down for you. as i mentioned, tomorrow it's not necessarily the temperature. it's that wind. the wind will have a little bite. the wind chill index in the morning, teens and 20. through the afternoon, they don't improve much. only into the teens and twenties, all day long. we'll feel cold. saturday, a chilly day. morning low, into the teens. we rebound nicely with some temperatures up near 40 degrees. then the real warmth starts coming in an sunday. we're back into the mid-50's across the area. monday, chance of showers. not a very organized system. with mild air in place, you don't have to worry about mix precipitation. this is a rain event. but it is looking like it will

eventually, behind it, it cools down for a couple of days as we warm up for our next chance for rain. by the way, the chance for rain on wednesday looking much more substantial than the one we have on monday. i'll have an update for you tonight at 11. >> now, sportscenter 5, one minute drill. >> hi, everybody. welcome to fort myers, florida. mlb mownsed a number of -- announced a number of rule changes, one to increase the pace of the game, number two to protect fielders from base runners. managers will only have 30 seconds when they visit the mound to talk to a pitcher and a clock will run while they are out there. t.v. time-outs will be reduced by 20 seconds. base runners must hit the ground before they slide into a base. they must be able to touch the base with either their foot or hand, and they must remain on the base. they cannot redirect their path to initiate contact with a player first. in an umpire -- if an umpire

a runner out and he can call the batter out. >> i think it's more readily going to be ruled a double play if a guy is outside that five-foot range. >> of course, the most serious injury recently, when chase utley took out ruben tejada in the postseason. >> up next, a local family putting their best put forward. >> how they are helping families in need and honoring a loved one at the same time. t they're one of the wall street banks that triggered the financial meltdown -- goldman sachs. just settled with authorities for their part in the crisis that put seven million

out of their homes. how does wall street get away with it? millions in campaign contributions and speaking fees. our economy works for wall street because it's riggedt by wall street. and that's the problem. as long as washington is bought and paid for, we can't build an economy that works for people. sanders: i'm bernie sanders, and i approve this message. we're about to show you an incredibly low fare. like all our fares, you get two

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>> 5 for good now. this isn't someone's laundry and toys piling up. soraya brophy of canton, she's a mom of three. she's been collecting baby toys and clothes to give to a single mom in need. she says it's just a simple way she's trying to help. good for her! a local family paying it forward. >> they're trying to put boots on the feet of kids in need. when bernice boots passed away at the anal age of 98 -- god bless her -- the family was looking for a meaningful way of honoring her. they came up with the boots for boots idea. they asked family members to buy a brand-new pair of boots, then donated those boots to the-seamer. they

army. the family hopes to make this an annual event. >> i've got plenty of boots i'd like to donate. get in touch with me! i would help to help you guys! >> my boots stink. i'm sorry. they do. send us your video and pictures of people making a difference in your community. >> i can't tell up here. share them on our facebook page or e-mail them to ul u local. if

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>> flash-forward, tonight at 11, the five remaining republican presidential candidates debating on the stage you're looking at right there in houston. could it be the last chance for the challengers to derail front-runner donald trump? >> 5 investigates, exposing elder abuse, at the hands of people paid to care for them. the suburbs cases where -- disturbing cases where many say the punishment doesn't fit the crime. >> a missouri highway patrol trooper getting the scare of a lifetime. why this is a close call in every way imaginable. >> whew! >> weather-wise.

no big problems, no ice. tomorrow, with a cold wind, the wind chill indices into the 20's. it's going to feel like a chilly day. but look what happens on sunday. back into the 50's. i don't think the rain on monday is much. wednesday is the better chance to see rain. >> do you think snow is done? >> never say that. >> ha ha! >> now, the meteorological start of spring is next tuesday. >> yep. next tuesday. march 1. >> never too late.

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book them now at southwest.com low fares. nothing to hide. that's transfarency. sfx: clap, clap, ding [music] >> this is "chronicle," on wcvb channel 5. >> something to stir. >> chocolate from scratch. >> small batches. devoted artisans. quality ingredients. >> the flavor is really vibrant. >> total control. >> certified organic cocoa beans! >> from bean to bar. and we found the best of the bunch. >> people will come in and just taste literally every pact on the shelf. >> rejoice in the lab results. >> lower, healthier blood pressure. >> shop with your conscious. >> the number one thing that draws people to our brand is the ethics behind the sourcing of the ingredients.