labrie will be listed for life as a sex offender. in august a jury convicted the 19-year-old of using a computer to lure a girl to a sex encounter, that's a felony. today a judge upheld that verdict. defense attorneys argued the jury was not given proper instructions, but the judge said the defense never objected to those instructions. also the judge dismissed the defense argument that the law was spended for adult sex predators and not classmates. labrie's trial exposed a practice among students at st. paul's school known as a senior salute, when graduating students tried to have sex with with younger classmates. labries sentencing will be next thursday. i'm shelley walcott, wmur news 9. tom: a judge has dismissed charges against richard penny, the man accused of an armed standoff and kidnapping in january of 2013. jennifer: the county attorney's office and victim are worried

the community. jennifer crompton explains. reporter: this is a confusing and frustrating case that has to do with mental health laws to protect people and the criminal justice system and the fact a 2 two can't communicate. richard penny appeared in two courts today, here at stratford superior court hoping a judge would dismiss those charges, which he did, and then he appeared in rochester circuit court to face two new stalking charges. the county attorney and police admitting that they're trying to slow this process so they can figure out whether penny poses a danger to himself or the community. 38-year-old richard penny was accused of stealing his brother's guns, threatening and holding another woman hostage, and engaging in a standoff with police in january of 2013. then he was found incompetent to stand trial. he was in superior court on tuesday, asking to have charges dismissed. because of a law that says if he is not deemed competent within

12 months the charges have to be flown out. the judge agreed. the issue with authorities is they aren't confident that it's safe for him or the community if he's freed. >> we deem him at the time significant danger to the public and we have no information one way or another to show whether that dangerousness has changed. reporter: by law they don't have access to mental health records, to know if he's been reassessed or even when he'll be released. >> it's difficult to adequately represent the people of stratford county as well as to adequately ensure that mr. penny's rights are not violated when i don't have all the information, but that's how the system is set up. it's set up as a medical protection for mr. penny. reporter: on the same day penny appeared in circuiter court. >> the charge was brought

the process that may allow for a re-evaluation his competency. reporter: again to point out, if penny is found competent at some point those charges could be brought forward again. meantime he'll be back in court on december 8 to face those stalking charges. in the meantime, bail was set at 25,000, but he could be released at any time to the community corrections program. live in dover, jennifer crompton, wmur news 9. tom: a nashua care giver under arrest charged with using the deb and it credit cards of the woman she was caring for. 58-year-old cheryl smith of nashua allegedly befriended the elderly and disabled victim and began caring for her last january. police say during that time smith used the cards. smith will face a judge tomorrow. also tonight a state representative charged with operating under the influence, gorham, maine police arrested david wood of hampton friday night just before 8:30. wood is serving his first term

and he's a member of the house public works and highways committee. jennifer: the debate is over and tonight counselors will try to figure out how to reinstate several cuts that were made by the council this year. last week voters turned out in record numbers to overturn all cuts that were made by the council. mike cronin joins us live with a preview. mike? reporter: tonight's meeting starts at 7:30 and in recent months you may remember at several meetings there were outburstses from people, some escorted out by police. but now tonight both residents and councilors are hoping that things get back to normal in derry. after a five-month battle over budget cuts ended with with a record vote, derry councilors are looking forward. >> it's time to get back to new issues, and i'm confident that we will do that. reporter: in may a majority of the council passed a controversial budget that included cutting funding to public safety departments, slashing police and fire positions, and the closing of a

residents fought back, filing petitions and bringing the council to court. a judge ordered that a special election take place, then a week ago people overturned every cut that the council mid in what was the biggest turnout in the town election. >> it shows that people care, it shows that people are paying attention, and frankly it's about time. we needed that in derry. reporter: today the town will discuss how and when to make the cuts part of the budget again. they still haven't sent the 2016 tax rate to the department of revenue. >> my hope is that the outcome of this meeting will be a, the new tax rate, and honoring the voters' will and that we'll send it through and the tax bills will be set ownt to the citizens accordingly. reporter: for months the debate divided councilors and residents. >> the fact that we're able to have these debates is what government is about.

but the buck stops with the voters. reporter: and another councilor who voted for the budget cuts says that this is now uncharted territory for the council but says they will try to sort everything out tonight. mike cronin, wmur news 9. tom: it's been seven years since a tornado tore through the state, killing one person and leaving miles of destruction in its wake. jennifer: a family in deerfield lost hundreds of trees in the disaster, now the town is taxing their property for a view day never wanted. as amy coveno reports, the viewer is in the eye of the beholder. reporter: no one could argue with the spectacular view here in deerfield, new hampshire. but the russells didn't ask for it, create it or want it. now the town wants to collect more than $1600 extra a year in taxes for a view created by a deadly natural disaster. they bought this home 15 years ago, right before their first child was born.

of being nestled in by tall, old evergreens. the 2008 tornado decimated hundreds of the trees, and forever changed the character of the property. after years of discounted property taxes in the wake of the tornado, avatar reassessed the land this year and tacked on $70,000 in value for the, quote, panoramic view. adding over 1600 annually to the tax bill. the russells say they are being punished twice by the same tornado. and want the town to reconsider. recalling a neighborhood meeting after the tornado with state leaders. >> we were given assurances by governor lynch, senator sununu that we should not be taxed for this misfortune, this act of god. so that's what stuck in my mind. >> while the property will never have the scenery around it that

scenery that affect the value. reporter: taxes are due in december. the russells were advised to file for an abatement. we'll keep you posted. amy coveno, wmur news 9. tom: straight ahead tonight, reviedzing its advice, the changes the american cancer society is making to its recommendations of mammograms. jennifer: and a strong start, we'll tell you how much this weekend fundraiser raised to keep the legacy of freelance journalist james foley alive. mike: dry in many spots out there, but more clouds move in tonight. does that mean the showers return soon? the forecast ahead. >> and we meet the red hawks,

it is time to deal with skyrocketing out-of-pocket costs. commentator: the 32-year-old head of a pharmaceutical company raised the price of a life-saving drug overnight by 5,000%. i'm announcing a detailed plan to crack down on these abuses. commentator: he may be lowering it after hillary clinton blasted him out of the water. her plan would limit the out-of-pocket costs that consumers have to pay. clinton: nobody in america should have to choose between buying the medicine they need and paying their rent. i'm hillary clinton,

tom: in commitment 2016 news tonight there is one less name on the ballot for the democratic race for president. jennifer: today jim webb announced he's dropping out, but is considering his options about how he might, quote, remain as a voice in this campaign. the former virginia senator has trailed badly in the polls, including the most recent abc "washington post" poll that shows hillary clinton rebounding in the race. and right now on our website, political reporter speaks with a long-time new hampshire friend and supporter of webb's 'about his decision to drop out. it's in the politics section of wmur.com. tom: in developing news tonight, glasses apparently -- less is apparently better when it comes to breast cancer screenings. jennifer: the american cancer society revised recommendations on when and how often women should get mammograms, now recommending they start at age 45 instead of 40 and then after

experts are warning this is not a one size fits all recommendation and the revision also drops the recommendation for routine breast exams by doctors. mike: not as cold as yesterday morning and that means the trend continuing upward at least through the evening, then temperatures dip a bit, then rise again. what is that all about? tom: then fighting new hampshire's addiction to drugs will be the the focus of our one-hour town hall this thursday night, hear what it's like on the front lines of this battle from families living it, police, and medical experts. a state of addiction, the war on heroin, thursday night at 7:00. jennifer: now some beautiful colors out there today, this was taken right here in the southern

tom: a great turnout for the inauguration foley foundation 5k this past weekend. jennifer: more than 2,000 runners from across the globe took part. not only to honor james foley's life and legacy but also to important the foundation named in his honor. more than $65,000 was raised and

the foundation was overwhelmed by the tributes to the journalist from rochester who was held hostage and then killed by isis in syria. tom: a date has been set for the annual night of heros put on by the chief michael maloney memorial fund. in year it will be held on wednesday the 18th of november at the ashworth in hampton. several first responders from six departments will be recognized for their actions and their contributions to the community. mike: cool and cloudy to start, this is a look at newfound lake this morning, notice with the time lapse all of a sudden the clouds gave way to a lot sunshine and made for a pleasant afternoon as temperatures jumped up nicely. now the clouds are beginning to roll right back in across many parts of new hampshire, but it will be dry as we go through the evening, outdoor plans no major headaches, although there are showers not too far away, i would say after the midnight hour we stab a shot of getting a few sprinkles or a shower or two mainly south of the lakes region.

looking ahead, temperatures made a run into the 60's today, they dip a little bit for the day tomorrow with the most clouds in southern new hampshire and then on thursday temperatures jump up again, could be well into the 60's, with temperatures jumping again even into thursday evening, and then we'll start to cool back down by friday and saturday, moving ahead to the second half of the weekend, clearly that looks to be the warmer half on sunday as we jump back into the 60's. but again doppler radar quiet now, no rain from north to south and west to east. again that continues all the way back into eastern new york. western new york state, eastern great lakes, on tar yorks all these showers are moving in our direction, but they'll mark time and not really get in here until after the midnight stretch. right now quite mild, upper 50's in berlin and whitefield, you get south of the white mountains on average it's lower to mid 60's like in manchester right now at 63. the temperature in and the dew

norm for the mid to late part of october. courtesy of a wind out of the south. right now at 6 miles per hour. but that's not the warmest we'll see this week. after a little bit of a dip in temperatures, tomorrow, mid to upper 50's in downtown man manchester. it will cool back down on friday and the start of the weekend. lows tonight not as chilly was it was a couple nights ago and early yesterday morning. similar to what we had this morning, 30's north and 40's south will do it. a lot of summer warmth continues, however, at this early hour back in the central plains states and by thursday a little piece of this approach west the southerly wind, so we could make a run up near 70 in parts of southern new hampshire. then the door will be shut on that spring warmth as we cool back down for friday and the first part of the weekend. so what about shower chances, not a lot out there for the evening. later on tonight, early tomorrow

morning, there could be a few sprinkles or a very light shower. then tomorrow the brightest skies will be in the north country, great north woods, northern white mountains at least some partial sun, a thicker cloud cover and maybe a couple of sprinkles in southern new hampshire. but again a good part of the day should be dry. best shot of showers statewide will come in later wednesday night into the day on thursday, but by then winds turn back out of the southerly direction, so we warm up nicely into the 60's to again possibly near 70. again a bit of a dip in the temperatures tomorrow. low to mid 50's at the coast, mid to upper 50's to near 60 inland as we jump to do into the day on thursday notice how warm it gets, upper 50's north to around 70 in southern interior new hampshire. 30's and 40's again tonight, could be a passing shower after midnight in southern zones, it's a cooler wednesday but seasonably so, right at the average. warmer on thursday with a few scattered showers and limited breaks of sun, much brighter friday and saturday but cooler and then we warm up with a couple of scattered showers along about the end of the

weekend. very typical for the mid to late part of october, so enjoy it while we've got it. jennifer: thank you, mike. >> pitching for the cubs, we'll

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jamie: the cubs need a win tonight, they host the mets, trailing in the series 2-0. >> it's awesome, i'm excited. this is where we want to be, you know. we got to get this win, we're back at home, we got the fans here, hopefully we can get back on frack and score a few runs. >> alcs game four going on right now. the royals starting pitcher was chris young who played basketball at princeton against the big green. early home runs by zobris and rios of r.a. dicky, right now royals up 5-2. the coach was not happy after two gapes last weekend, an overtime loss on friday, a loss to clarkson on saturday, when his team gave up the go ahead goal in the final minute of regulation. he called his team's play awful, and terrible. u.n.h. never led in either game. their next six games are on the road starting at u. mass friday night.

performance on saturday night, to turn the puck over too often. so we've improved, we've been working on that all week. >> biggest improvement probably scoring first. both teams, actually three games we were down every single game. >> let's check out the next football team to join the cast of double a varsity teams, the coop team between hillsboro derry high school and hopkinton high, the red hawks, they are basically playing a j.v. schedule this year, undefeated 6-0. the red hawks have 17 players from hopkinton high, 12 from hillsboro derry. >> we have a great group of of young men who understand what hard work and commitment will get new today's word and what the game of football does demand. football is the game of life and these kids are learning lessons every second they're on the field. >> football is a sport in every

behind you makes it that's much better, people come to games, gets your teal pumped up and i believe football is that sport that the school really needs. >> red hawks on friday night football. friday 7:30 it's new hampshire's turn to see the green team up close and permanent, celtics and 76 terse at the verizon. here's your top five, gloves downtown goffstown down to timberlane. tom: right how on wmur.com there are some countries in the world that ban certain names for children. check out a list of some of the fames that are off limits. jennifer: plus there are lots of places where you can get a good scare this halloween, so this week in our viewers choice we're haunted house. cast your vote now.

tonight right after "shark tank." jennifer: good night. the republicans finally admit it. >>"republican kevin mccarthy saying ...the committee investigating benghazi and clinton's emails was created to destroy her candidacy..." "everybody thought hillary clinton was unbeatable, right? but we put together a benghazi special committee... what are her numbers today?" republicans have spent millions attacking hillary... ...because she's fighting for everything they oppose... ...from affordable health care.

she'll never stop and the republicans know it. >>i'm hillary clinton and