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tv   7 News at 5 PM  NBC  December 15, 2015 5:00pm-5:30pm EST

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and armed robbery. they found him not guilty on an second aggravated count of rape steve cooper joins us with more from salem supreme court. reporter: nine hours of deliberations over two days here and this 12 member jury consisting of eight men and four women came back to the courtroom at about 4:00 this afternoon and returned those guilty verdicts. as you mention there had indictments against philip chism who is 16 years old and philip chism stood up in the courtroom as did the jury. as you mentioned guilty on the first-degree murder charge, aggravated rape in the girls' bathroom at danvers high school and also guilty on the armed robbery charge. he was found not guilty on the rape charge in the woods behind danvers high school. a couple hours ago the jury came back to the courtroom that are hung
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instructions given by the judge over whether or not colleen ritzer was dead or alive when that crime took place and in the end when the jury came back, they found philip chism guilty on the most serious charge, that first-degree murder charge. as you mentioned, it was courtroom. family members of the ritzer family, including ritzer's mother broke down and she was later members. ritzer took the stand for the prosecution earlier on in this trial and they sat here in court day in and day out. they were warned by the judge, as was philip chism's mother, no emotional outbreaks in the courtroom and for everyone to remain calm as those verdicts were rendered this afternoon. in the end the jury didn't buy the defense's argument that philip chism who was 14 at the time two years ago back in october of 2013, they didn't buy the defense's
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chism did it but that he was insane at the time that he committed those crimes. the jury clearly focused on the security, the videos, that were shown to this jury during the trial and also during the closing arguments yesterday by prosecutor kate mcdougal showing philip chism moving, when i movements before and after the murder. we're talking about his covering his face with a ski mask at times, running through the halls of danvers high school, going out of the building, heading into the woods and of course later he was seen going to the movies using one of cool even ritzer's credit cards. he was seen at a wendy's and finally picked up and locate bid police in topsfield hours after he was first reported mission. sentencing has been delayed. he faces life behind bars with the possibility of parole because he's a youthful offender. that's up to the judge. on these two other
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well. those issues will be weeks. for right now the head line is 16-year-old philip chism has been found guilty of first-degree murder. that's the latest live in salem tonight, steve cooper, 7 news. >> coop, we're just curious. you've been in there for the entire trial. your thoughts on there was no emotion at all by philip chism. reporter: keep in mind we learned earlier on he was on medications. this trial has sort of had its twists and turns over the past several weeks. keep in mind that philip chism and the jury selection, this trial began way back in october and at one point during the jury selection, the trial itself or that selection process was interrupted because philip chism was sent off for mental evaluation even at that late point in the trial stand trial. so today and there were times during this trial out. there were times he
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the proceedings. he stood there, showed no emotion and that's basically how he was throughout the trial. he sat in the courtroom at the defense table on most days just staring down, showed no emotion as jurors listened to some of the most graphic testimony from the medical examiner, from state troopers, from the crime lab who found colleen ritzer's body in the woods two years ago, never showing any emotion and today he stood up and again when he heard those words guilty on the first-degree murder charge, again showing no emotion and then he was handcuffed and taken from the courtroom. >> steve, thank you for your coverage there. we're going to get some legal analysis right now. joining us is our 7 news team legal consultant tom hoopes. >> just about the fact this took about nine hours to deliberate and we got this guilty verdict. >> nine hours is about average in a case like this. sometimes you might get a little shorter. sometimes you might get
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you've got to remember it was about whether he was not krmly responsible, whether he was insame or not. it wasn't about whether he did it. i think -- i've seen a little more. on this issue where they are trying to weigh opinions of different experts, it was difficult as best, it seemed to me that they were showing that they were being careful but they kind of knew where they were going to go into the end. >> how does this case proceed now since chism was 14 at the time and how does that compare to an adult court? >> a judge would either sentence right there or tomorrow. on a first-degree murder conviction you have to do parole and that's it, doors slam and nobody hears anything except for an appeal. >> juvenile cases have taken a different turn.
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court and now there's a real sentencing hearing mostly directed towards when a potential parole eligibility is going to be. in other words, juveniles, unlike adults, might be given a second chance in certain circumstances. sort of a very basic but also thorough presentation from the defense, from the prosecution about either how high the parole date should be or how low the parole date should be and then he's going to make the decision so it's much more lengthy, detailed and complex. >> so steve cooper reported that the sentencing is delayed, and does the judge just make this decision on his own and i'm wondering might we hear from the family of colleen ritzer or philip
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the sentencing process? >> i think a judge is going to talk with the parties, with the prosecutors and defense lawyer. remember we're in the middle of the holidays and see what everybody's schedule is. once he sets that hearing, many pieces of this will be just like an adult proceeding. and to answer your question directly, yes, without a doubt there's going to be victim impact statements which are going to be very difficult for everybody to listen to. >> tom, looking back in this case, the defense is really trying to push the insanity defense in this case. why didn't it work? >> you know, it almost never works. maybe one out of 20, maybe even less. you know, you have two things going on, three things. one is you have dueling experts. when you have dueling
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jury gets to pick. the second reason is in murder case, it's hard to -- unless you're in the courtroom, it's hard to communicate the temperature level, the amount of emotion. this is the most serious crime that we have. when you have a death like this, jurors take it extremely sear krausely. you're going to have to show them something special as to why in their responsible they shouldn't protect the community from this happening again. >> go ahead. i'm sorry. >> it's okay. >> i was going to say -- go ahead. >> what end up happening is the jury 19 out of 20 times find the defendant guilty because they don't want to happening again. >> this may be an impossible question to answer, but can you think, tom, in your memory or experience any case like this where you
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someone 14 at the time, found guilty in a case like this as a juvenile, spends a length of time in prison and gets out on parole? >> no, i can't. the facts and circumstances of this are so -- you know, i'm trying to go back in my memory for cases. this has just got this volatile mix of a brutal killing with a sexual assault by a 14-year-old and a school of a -- in a school of a teacher. i think the public would be completely outraged if this boy got paroled at any point. i think part of the process we have now. we want to make sure we go through all the options and then go step by step. >> i agree that the community would likely be outraged. i wonder if there's ever a case to give them a second chance as you say and think they can be rehabilitated. >> there's other cases
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you follow those kind of procedures and you follow those kind of rules, i could see some kid punching another kid, falls and dies. i can see a kid in that situation being paroled. i haven't got a crystal ball but i just don't think he's ever getting out. >> i understand very clearly your example and i appreciate that analysis. have cheryl fiandaca here with her expertise as we talk about this verdict in the philip chism case. >> cheryl, i'm kind of curious about your thoughts in the delays that happened in this case and they really tried to paint him that he was insane at the time of this. he said he didn't want to show up in court a lot and that delayed this process so much.
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unusual when you have an insanity. the evaluation according to the judge was that he was competent which means he can assist in his defense, which means he does understand has going on in the courtroom, and at some point while he did show no emotion, he also said that he didn't want to be there some of the time. don't forget, the jury knows nothing about any of this. they don't get to see or hear anything about chism not wanting to come back in the courtroom or anything about a competency hearing or anything else that isn't exactly evidence in this case. all they heard was what was presented to them in the courtroom while they were seated. at that point they made their decision today. >> all right, cheryl fiandaca reporting live in our news room. thank you. we're also following some more breaking news right now. you're taking a live look at miami international airport. authorities there are searching an american airlines flight arriving from paris where suspicious activity has been reported. the plane arrived safely but law enforcement is
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appears to be some sort of suspicious item on board. local, state and federal authorities are involved in this investigation. this is a flight from paris. it's landed safely from paris. we of course are staying on top of this. you're looking here from a sister station in miami. 7 news has learned the mbta is suspending that driver. he was supposed to be behind the wheel of a runaway red line train and he was not. we heard from the heroes and passengers on board. so he has now been suspended without pay, off the job for 30 days. he could be fired. >> investigators say the driver did not follow protocol when the train rolled away from the tracks. byron barnett is live in boston with all the details. byron? reporter: according to a source
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disciplinary hearing, this driver of the runaway train got a 30 day suspension and recommendation for discharge. 7 news has learned that david vasquez, the operator of the red line train has been suspended without pay pending his termination. according to a source of the boston carman's cumin, vasquez can appeal but has not decided if he will. vasquez, a veteran 52-year-old "t" employee was supposed to be at the controls of a red line train leaving the braintree station last week. but when he got off the train to correct a signal problem, recalls say the train took off without him. dozens of passengers were on board the train which traveled through several stations until other "t" workers stopped the train by cutting power to the third rail. investigators say he used the train microphone cord to tie
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"t" officials also say vasquez did not set the hand brake before he got off the train. governor baker reacting to the developments this afternoon. >> i wasn't in the disciplinary hearing. i haven't read the report. i'm sure i'll get around to reading it soon. for me the most important thing was she moved quickly to create some closure and some clarity so i'm glad that they did. reporter: the ultimate decision will come from the mbta general manager. as we said, vasquez does from the right to appeal. byron barnett, 7 news.
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we are staying on top of the breaking news right now, philip chism found guilty of first-degree murder. we are expecting a news conference from the district attorney in the next 15 to 20 minutes. philip chism found guilty of killing colleen ritzer, guilty of first-degree murder, also guilty of rape and not guilty of another count of aggravated rape. we'll stay on top of this and bring you that information of we get it. and also breaking today, a house intelligence committee member says that the threat that prompted the shutdown of the nation's second largest school district is believed to be a hoax. tonight los angeles officials are defending
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move has been criticized, called an overreaction by officials in new york who say they also received a threat. 7's tim caputo standing by with the latest. reporter: they know it's a hoax now but that threat this morning was very detailed. an anonymous writer claimed they would use a pressure cooker bomb, nerve gas agents and machine guns on students and teachers. >> please be advised that our schools will be closed for students today. reporter: the second largest school districts in the nation closed all of its 900 schools and told its 640,000 students to stay home after receiving an e-mail threat. >> we're wondering if this is actually real. right now i'm pretty sure i'm not the only one that's afraid. reporter: a threat appeared to come from overseas and was credible enough to have the superintendent shut down school for the day. >> i think after san
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nation, i think what happened internationally, i as superintendent am not going to take the chance with the life of a student. reporter: another threat from the same ip address and containing some of the same wording was also sent to new york city schools but authorities there said it was important not to over' rct. >> we do not see that as a credible terrorist threat and we are investigating it as a hoax. reporter: the anonymous writer claimed to be a high school student. l.a. police chief charlie beck said it might be a hoax and didn't want to take any chances. >> southern california has been through a lot in the recent weeks. should we risk putting our children through the same? reporter: that e-mail appeared to originate from germany. they suspect the origin
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thank you, tim. the situation in los angeles and new york leading to questions about safety. marty walsh and police commissioner addressing concerns today. dan hausle continues our team coverage now. reporter: boston schools not named in the threat from new york to l.a. but boston was the target of a cyber attack today. city officials say the two aren't connected though and they say the schools are safe. boston school children head home after a full day of classes here. many parents aware of the threat in new york and l.a. >> it concerns me. >> boston schools stayed open. mayor walsh says there was never any threat to schools here. >> we have no reason to believe there's a threat towards boston, our schools or our agencies. i want teachers, parents and residents to know our city is safe and our schools are safe.
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shut down the system's internet starting at 9:00 this morning but they say it wasn't connected to the l.a.-new york threats and they say the schools and city face this kind of cyber vandalism several times a year. >> in an attack like this whether it's directed at the city or any other institution, they usually appear and disappear relatively quickly. the threat is similar to one two boston schools got last year. the mayor and police commissioner are urging parents to stay calm. many we talked to agree. >> i thought new york responded appropriately. i thought l.a. might have over-responded. each one of us is different. personally, each threat with a grain of salt. reporter: boston officials wouldn't guess whether they would have reacted like new york or l.a. had they gotten the same threat those two cities got. they say in the future they will take each threat as it comes and the top priority will be keeping boston school children safe. live in boston, dan hausle, 7 news. cooler temperatures
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tomorrow, but still mild according to december standards. lighter winds too.
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we're following breaking news this evening in the case of a danvers teenager. the jury has found him guilty of murdering his math teacher. what you're looking at here is the podium at the district attorney's office. we're keeping a close watch on that. as soon as we see
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about this case, the reaction to the guilty verdict today, we'll bring it to you. a whole lot of orange boxes on our calendar here indicating above average days for the month of december. only one blue box. we're running nine degrees above average at this point, and i do believe that we'll take that number up even more after today because these were our highs today. didn't get to enjoy it really because this happened in the wee hours of this morning. still breezy as we make it into the evening hours. generally between 25, 35 miles per hour gusts at this point. wind advisory has expired and those winds will continue to calm and pull back as we head through the evening hours and overnight. current temperatures low to mid 50s. these temperatures slowly crawling back in the 40s. we had a high this morning that was 20 degrees above normal for this time of year. here's our storm system once again for us.
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of this so it just was some rain for us. you can still see some showers working in the state. these with drying up and worcester. evening wind pulling back and it will be cooler, generally speaking mid to upper 30s and then tomorrow we top out in the 40s. but still above normal for this time of year. we should be closer to the 41 degree mark here in boston. as we look for a next storm system, here it is bringing a big snow-maker to the inner mountain parts of the country today. we get a warm side of this storm so meaning rain for us. it looks like an afternoon rain and not a lot of it as we get into thursday but this will help to drag in some weekend. winter making a cameo into saturday and sunday but then the boost is on the temperatures once again, strangely enough
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winter arrives, the winter solstice. temperatures climbing
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