sean: now at noon -- a controversial appeal at the state's highest court. should the sexual history of murder victim lizzie marriott be made public? kevin: another warm afternoon just not as humid. when fall like temps truly arrives in our this manchester apartment that prompted an arrest and a call to the dea. a deadly police shooting in north carolina, sparking overnight protests, leaving more than a dozen injured officers. now family of the man killed speaking out. >> no one covers new hampshire like we do. noun wmur news nine begins this afternoon.

court heard the first of what will be two arguments involving an appeal from convicted murderer seth mazzaglia. mazzaglia strangled unh student lizzie marriott back in 2012. her body has never been found. good afternoon. i'm sean mcdonald. this first appeal revolved around what the defense will be able to discuss regarding evidence they believe should have been introduced at trial, including the victim's sexual history. wmur's ray brewer is live outside the supreme court, and ray, the attorney general's office is asking for something that's never been done, right? ray: that is the attorney general's office wants to close the supreme court for oral arguments, something that would be unprecedented. in fact, under questioning from one of the judges, the lawyer for marriott said he couldn't cite anywhere in the country where that has been done. underlying it all, what should seth mazzaglia have been able to introduce as evidence during his trial? seth mazzaglia was convicted of murder back in 2014. the jury found that mazzaglia had murdered unh student lizzie marriott back in 2012. marriott's body was never

conviction, arguing that he should have been able to introduce marriott's prior sexual history at trial, something the trial judge ruled irrelevant. the ag's office says while it is not unusual for some information to be kept sealed, while advocates for keeping that information secret cite new hampshire's rape shield law, which protects a victim from having to disclose that information. the defense lawyer for mazzaglia says that rule doesn't apply at this level. >> the rape shield rule is a testimonial privilege. it's about the experience to answer questions. nobody asks any victims questions on appeal. the court has also said that a concern underlying the rape shield rule is that the information would be missused by juries. there's no jury here. >> under that line of reasoning , all sealed records should be unsealed on appeal to give the public full access to the case. that includes juvenile cases .

camera review. ray: the defense says without the court ruling in his favor he would be hampered when he tries to make his argument on the merits of what sexual conduct should have been allowed to be introduced. the attorney general's office says that there are ways to allude to the behavior without getting into specifics. the court has taken the matter under advisement. we will have much more on this case beginning at newsnine at 5:00. reporting live, ray brewer, wmur news nine. sean: an emergency situation at keene high school where officials say hazardous materials have been found. keene fire is the scene and the public is asked not to go to the building. school officials say the safety and accountability of all students and faculty is being addressed. we will release more information

north carolina. more than a dozen officers were injured as protestors shut down a major highway overnight. abc's ray raimundi has new details on the deadly police shooting that sparked the protests. ray: tensions boiling over through the night on the streets of charlotte. protesters outraged, igniting fires, shutting down a major highway, and attempting to overturn this police car, even looting stores. over a dozen officers injured. the mayor of charlotte pleading folm >> i'm asking our community. i'm asking people here to please wait until all information is available. ray: police say they were searching for a suspect with outstanding warrants yesterday when they saw 43-year-old keith lamont scott, who they weren't looking for. authorities say scott got out of his car holding a gun. >> the officers gave loud, clear, verbal commands to drop the weapon. as the officers continued to

stepped out, posing a threat to the officers. ray: that is when officer brentley vincent fired the fatal shot striking scott. investigators say cpr was performed and scott later died at the hospital, but scott's family gives a different scenario about what transpired. >> they jumped out they trucks. they said hands up. he got a gun, he got a gun. pow, pow, pow, pow, pow. that's it. he had no gun. ray: that police officer who fi paid administrative leave. the police chief is looking through scores of dash cam and body cam video, but he did say the officer who fired the deadly shot was not wearing a camera. ray raimundi, abc news, new york. sean: it's the last day of summer and it certainly feels like it as we take a live look at manchester this afternoon. but fall temperatures are making their way to the granite state. let some things over to meteorologist kevin skarupa.

year in the lower range of the 70's and we will be in the 70's and lower 80's through friday before a cold front makes its way through the area. dew points which were running in the 60's the last several days, a little more of a sticky atmosphere, turning a lot more culpable now. a good deal of sunshine and a few high clouds. things fairly quiet all the way through tomorrow evening until the next front in the northern plains arrives. a lot of southern areas reaching above 80 degrees this afternoon while we may have 70's up north. the 40's to near 50. that is a huge improvement from what we had out there yesterday. the next front approaches friday and some big changes for the weekend. i will have all the details in the futurecast coming up in a few minutes. sean: a man is behind bars this afternoon after police in manchester say they discovered a methamphetamine lab at an apartment on grove street last night. police discovered smoke, a chemical odor, and products associated with making meth. the manchester fire department and dea also responded to the

42-year-old anthony elwell, was arrested and will appear in court today on charges of manufacturing meth. he is currently on probation for a previous meth possession conviciton. -- conviction. an investigation is underway in goffstown after police say a man exposed himself to students on a school bus. police say the man was following the school bus monday afternoon along route 114 when a group of high school students noticed that he appeared to be exposing himself. the students used their cell phones to capture video of the suspect. no arrests have been m b police say they expect to file charges soon. authorities are investigating after a missing toddler was discovered sleeping on the side of the road in maine. authorities found the 18-month-old child sleeping in a tire rut on a grass road in bradford monday afternoon about a half mile from his home. police say the boy's parents had been sleeping after working overnight shifts sunday evening when the toddler wandered away. the father allegedly did not discover the boy was missing

lot of emergency vehicles and activity at the airport in manchester today. it is all a drill. more than 75 different agencies, including hospitals, are taking part in the exercise based on a mock aircraft incident. the drill will also include about 80 volunteers. the emergency drill started at around 9:00 this morning. officials say there will be no impact on normal operations. the family of fallen mit police new chargean about the suspect charged in the weekend terror bombings that rocked new york and new jersey. outrage over epipen prices. today mylan's ceo in the hot seat on capitol hill. kevin: a surge of warmth ahead of the next system that eventually arrived and brings the air right out of canada in time for the weekend. we will have all the details ahead. sean: in today's cooks corner, it's race weekend and we're cooking up a recipe straight out of the new hampshire motor speedway.

pam griffin: our daughter courtney got caught in a web of opiate and heroin addiction. doug griffin: our insurance company indicated that courtney's problem wasn't a matter of life and death - so she wasn't eligible for treatment. pam griffin: she told me that she didn't want to live like this anymore...

doug griffin: our family's tragedy could happen to any family... pam griffin: we knew we had to save other families from losing their children. kelly reached out to us. doug griffin: she came to my family to learn more. pam griffin: she listened to what we had to say, who we were - she cared about us... she didn't know us. pam griffin: we talked about the ways to remove the stigma of addiction so parents can get help. doug griffin: kelly co-authored the comprehensive addiction and recovery act - this act will save kids' lives... o get the help they need. doug griffin: we don't want courtney to be remembered for her substance abuse, but rather for her struggle to achieve recovery. pam griffin: kelly believes recovery is possible. kelly: i'm kelly ayotte and i approved this message.

sing heroin on and off for a year. i immediately thought not my son. i found him in his bathroom with a syringe still in his hand and that was the worst day of my life. annie kuster is leading the fight regarding this opioid epidemic. she's trying to do everything she can to get laws changed. so this doesn't happen again. she's definitely a leader. i just love annie. i'm annie kuster and i approved this message. sean: a terror investigation continues in the new york city and new jersey bombings. suspected bomber ahmad rahami was officially charged with using weapons of mass destruction. abc's stephanie ramos has more

stephanie: authorities say there's no doubt ahmad rahami is the man who planted the powerful homemade bombs in new york and new jersey. according to police, fingerprints and forensic evidence connect rahami to the pressure cooker bomb that went off in new york, the bomb that failed to detonate blocks away, plus the bomb placed at a marine corps charity race in new jersey and a new jersey train station. the explosions didn't cause any fatalities but did injure at least 29 people. police have been digging into rahami's life, combing through journals, facebook posts, and in the official criminal complaint, officials describe two of rahami's favorite videos on youtube as jihadi anthems, including this one. ? stephanie: the fbi has also recovered a journal rahami kept with references to the late al-qaeda cleric anwar al-awlaki. rahami had it on him when authorities took him down in a gunfight. but the day rahami was charged, his father told reporters he had warned the fbi years ago that his son was linked to terrorists.

>> i told them you got a connection with this guy. stephanie: the fbi looked into it but did not investigate further, saying the father later denied the allegations. >> if i was part of the investigation at that point, i would have asked why are we not doing it? stephanie: as for rahami's mother, she left for turkey weeks before the bombings. and this morning officials confirm rahami's wife was interviewed by the fbi tuesday after she was stopped at the dubai airport trying to board a flight to the u.s. authorities believe this was an act of terror, but say there is no indication right now that there is a terror group operating in new york city or surrounding areas. stephanie ramos, abc news, washington. sean: secretary of state john kerry says he and officials from other nations are not ready to give up on the cease-fire in syria. that statement comes after at least 20 people were killed in the bombing of an u.n. convoy loaded with food and medicine. pentagon officials say it was likely the result of a russian air strike, but russia denies

the russian military is now saying a u.s. drone flying over the area where the eight conflict was attacked -- the neaid convoy was attacked. now the u.n. has suspended all aid operations in syria. the head of the company that makes epipens will be on capitol hill today after coming under fire for serious price hikes, but ceo heather bresch says the company has no plans to lower prices, adding that a generic version will soon be available. the price for a two pack of epipens has gone from less than a hundred dollars to about $600. that. a beautiful day out there. kevin: much lower humidity making for a much more comfortable air mass for the time being. the last into the weekend -- will it last into the weekend? sean: it is race weekend at new hampshire motor speedway. we're whipping up some track favorites in the newsnine kitchen. now to our u-local hot shot. this is maven 9-week-old great , a dane puppy enjoying the last day of summer in wolfeboro. you can submit your pictures and

ulocal.wmur.com. narrator: over and over it's been their agenda: anything to defund planned parenthood. kelly ayotte and washington republicans voted 6 different times to defund planned parenthood. they're on a crusade to block services new hampshire women and families depend on: cancer screenings, birth control, basic women's healthcare. kelly ayotte and washington republicans have put defunding planned parenthood at the top of their agenda...

i'm maggie hassan and i approve this message. everybody knows that goodwill helps people. but what not everybody knows is how. basically, you give us the stuff you're not using... vroom! screech! ...and we sell it to someone who'll use it. then, we use the money to educate and employ people. because at goodwill we see potential everywhere whether it's in a purse or a person. we are one nation under god. that black and white, we are one nation indivisible. that republican and democrat, we are all americans. i'd like to punch him in the face. you know what they used to do to guys like that? they'd be carried out in a stretcher, folks. i could stand in the middle of 5th avenue and shoot

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skarupa with your stormwatch nine forecast. kevin: it is the final full day officially on the calendar of summer. some people soaking it up at area beaches. we will see high clouds drift in and some fog earlier this morning in interior sections that part off rather quickly. a very pleasant afternoon. the big change from yesterday with dew points running in the mid-60's. we are down in the 40's to lower 50's. a much more comfortab and plenty of blue sky. look at the northeast kingdom of vermont all the way down to warner, where temperatures are our right now continuing to work their way up through the 70's, currently 77 degrees. a light northwesterly breeze which continues to dry out the atmosphere as well. it does look like we are setting ourselves up for fairly conjugal conditions ahead of the next system. -- culpable conditions ahead of the next system. notice the air behind it right

it will have a push of autumn air that is eventually in here and it is looked like -- looks like it is time that for the weekend. you can see 67 in keene and 77 in the upper valley. mount washington a solid 10 degrees cooler. upper 70's in areas will jump to only 83. this is the big difference and to why we show point number on the fahrenheit scale. it really gives you a good indication of how feels outside. you felt the moisture in the air. today is a lot dryer out there and infinitely more comfortable if you're going to be outdoors. we continue with those dew points in the 40's and 50's all the way out ahead of the next system. you can see the cooler air just starting to make its way over the border from canada. that is eventually the air mass that comes in and starts to

between the mid-40's and 50's. another four or five degrees cooler than what we had this morning. sunshine tomorrow and temperatures warmer as we slide back from the mid 70's to the lower half of the 80's for the first day of autumn, which officially kicks in at 10:21 a.m. tomorrow morning. showers very late thursday night into friday. a broken line of showers for the rest of the state as it comes through. a northerly breeze starts to pick up on that later friday night and sets up the air mass that will be in place fo the 50's up north and 60's in southern areas. we are talking barely lower half of the 60's for southern areas on sunday. that brees finally lightens up later on sunday evening. the coolest of the knights will likely be sunday night into early monday morning. we are looking at areas from the shoreline dipping below 40's. some patchy frost -- haven't seen it quite yet this is. let's head to cook's corner.

some of the food to get there is tony and wayne from the track. thank you for coming. >> we are very excited about the food going on. sean: some food that you might not expect at the track, but first, what you making today? >> we are doing the lobster plate that we are serving at our concession stands at the main grandstand. it is lobster tail with chips and coleslaw. we butter poached the lobster tails. then we skewer them. what we do is a little fry here. of course, we add are lightly seasoned house fried chips and coleslaw with it. i will tell you that we started with this in july and has been a hit. we saw so much lo lobster, it's unbelievable. sean: nice to eat while watching the cars. i don't want to say stealing the

>> we call that the speedway picnic burger. what is unique about the stand that we run here at the new hampshire motor speedway is we do something a little different this year. we do specialty items from all the racetracks we operate. that is actually out of charlotte. you can feed a family with that. sean: what is in the picnic style burger over there? >> flame broiled burgers, hot dogs, pulled pork, cheese, lettuce, tomato, and all serve on h aba ciabatta roll. sean: i just want to see some of the other stuff you serve. it's not the typical food you would find. >> not at all. it is unique items that sell well at her other tracks. the focus in new hampshire is on seafood and also the maple syrup

half pound of breakfast sausage and maplewood bacon served on french toast. that's another one of our items. we do a lot of neat stuff. sean: how's this cooking? >> it's already done. it's fast. good, fast service. sean: if you want to check out the races this weekend, lots going on. there are tickets still available. always a fun event. looks like the weather will be great for you guys. >> will be an awesome weekend. and we will deftly serve up some good food for you for sure. sean: that does it for us.

my prescription costs keep going up. it's more expensive every year. it would be a lot cheaper to buy my medication from canada. kelly ayotte voted to block consumers from buying safe medicines from canada. and voted against

ig drug industry. hundreds of thousands of dollars in campaign contributions. when you take all that money it just changes you. kelly ayotte's not working for us. dscc is responsible for the content of this advertising. kevin: beautiful o afternoon out there. we continue that going tomorrow for the first day of fall. then it is want to start feeling like fall with 70's and a couple of scattered showers friday. that is a much cooler air mass building and for the weekend. if you had doubts were autumn was, it's coming this week. sean: the first feel of fall.

pans and what the manufacturer is saying about the dramatic rise in price. race we can get in gear tonight. we will be live and love for the first offense of the newly named bad boy off-road 300. ?celebrity page? airs next. you can still watch ?who wants to be a millionaire?? on wmur with two back to back episodes starting at 3:00 p.m. that does it for us. have a great afternoon. [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] caught in a web of opiate and heroin addiction. doug griffin: our insurance company indicated that courtney's problem wasn't a matter of life and death - so she wasn't eligible for treatment. pam griffin: she told me that she didn't want to live like this anymore... she begged... she begged for help, saying mom - please help me. doug griffin: our family's tragedy could happen to any family... pam griffin: we knew we had to save other families from losing their children. kelly reached out to us.

who we were - she cared about us... she didn't know us. pam griffin: we talked about the ways to remove the stigma of addiction so parents can get help. doug griffin: kelly co-authored the comprehensive addiction and recovery act - this act will save kids' lives... ...and enable families to get the help they need. doug griffin: we don't want courtney to be remembered for her substance abuse, but rather for her struggle to achieve recovery. pam griffin: kelly believes recovery is possible. kelly: i'm kelly ayotte and i approved this message. sing heroin on and off for a year. i immediately thought not my son. i found him in his bathroom with a syringe still in his hand and that was the worst day of my life. annie kuster is leading the fight regarding this opioid epidemic. she's trying to do everything she can to get laws changed. so this doesn't happen again. she's definitely a leader. i just love annie.

ights, she's squarely with donald trump: trump: planned parenthood should absolutely be defunded. vo: ayotte agrees, voting six times to do just that - defund planned parenthood. and both oppose our right to safe and legal abortion. ayotte: i certainly think that roe should be overturned... trump: ...there has to be some form of punishment. matthews: for the woman? trump: yeah, there has to be some form. vo: ayotte and trump: wrong for new hampshire women. senate majority pac is responsible for the content of this advertising. ege education can make. narrator: colin van ostern. the son of a single mom, he went to college on student loans, became a stonyfield business manager responsible for a hundred million dollars in revenue. then, a top executive at southern new hampshire university's college for america. colin van ostern: most of our students graduate debt free. cutting student debt should be our goal for all state colleges

now on "celebrity page" tv, new york city turns into the wild, wild west. chris pratt and denzel washington premier the "magnificent seven." >> kanye wests connects with the fans. >> then britney spears proves she's still got it. >> plus gift to her mini me. why the "america's got talent" winner might be the biggest fan of all. big stars, big hollywood. "celebrity page" starts now. >> i'm sonia isabelle. coming to you from the "celebrity page" bringing you all the entertainment news. >> including on the new season