tom: the sexual history of murder victim lizzi marriott will stay private. new tonight, why this supreme court decision was being watched closely across the country. >> we got jolted out of our seats there was a very loud crash and explosion outside. tom: that's how passengers are describing a deadly commuter train crash. now, the train's engineer is facing some serious questions. mike: dry for now, but that will change as we move into the weekend. many say is the number one issue in our state. how he says he'll stop heroin from pouring into new hampshire. shelley: but this veteran didn't let that stop him. what's pushing him to keep moving forward to help others. tom: the state's highest court

it means the sexual history of murder victim lizzi marriot will remain sealed during her convicted killer's appeal. good evening. i'm tom griffith. shelley: and i'm shelley walcott. marriott's family is applauding the ruling. and as wmur's jean mackin explains, it has implications for future cases as well. >jean victim's rights : organizations call the ruling here at the state supreme court groundbreaking, protecting sexual aau the state's highest court ruled to keep the sexual history of murder victim lizzi marriott private, reversing its own earlier decision that would have unsealed documents to be used in her killer's appeal. >> today, we learned that the supreme court decided to reverse itself and to maintain all of lizzie's sealed information under seal through the duration through the appeal, which is what we had hoped for and asked for so we are very happy with

seth mazzaglia was convicted of first degree murder and sentenced to life in prison his attorneys requested information about marriott's past be released for the appeal. her family, the attorney general's office, state leaders and victims groups argued the state's rape shield law is designed to protect victims from having to reveal their sexual histories. >> we believe it was the right thing for the new hampshire supreme court to stay in line with the other 49 states and protect this victim's rights nh but all across the country, were waiting to see what decision would come down from the supreme court in new hampshire. jean: legal analyst kirsten wilson says honoring the rape shield law also protects future victims. >> i think why there was such outcry around the naiton because it would've set back victims' rights and really set a precedent that would terrify victims from coming forward. jean: the attorney general's

in concord jean mackin wmur news9. tom: tonight, the engineer who was behind the controls of a commuter train that crashed at hoboken station has been identified. more than a hundred people were injured and one person was killed in the accident. as abc's ray raimundi reports ntsb investigators are now trying to figure out what happened. now a mass of mangled metal, concrete, and glass, after this jam-packed passenger train rammed the commuter platform that was supposed to be its last stop. >> you just heard like a ka-boom. the whole place shook. >> i saw a couple of gentlemen bleeding and some couldn't walk. some were covered in, i guess, debris. rate: incoming trains are restricted to a speed of 10 miles per hour. but this train struck with such

smashing down columns, and caving in the glass roof. >> train just didn't stop. >> it went over the bumper block, basically through the air, traveled another 40 feet and came to a rest when it hit the wall. rate: -- ray: \ \ \ 1 dead, more than 100 injured in major train accident in hoboken. commuters crowded into the front cars took the worst of the brutal impact. >> people were jumping out, cuts and bruises. ray: dozens of ambulances from across the state rushed the many injured to hospital, some needing surgery. the train engineer, 48-year-old thomas gallagher, has been released from the hospital and is said to be cooperating with investigators. >> from the event recorder, we hope to get information such as speed, and braking. ray: the one fatality was 34-year-old fabiola bittar de kroon, who lived in hoboken.

survive, the train also had video recorders at both ends. but because of the unstable condition of the terminal, investigators don't know exactly when they'll recover those. ray raimundi, abc news, hoboken, new jersey. shelley: tonight, the man captured on surveillance video beating a store clerk with a baseball bat will spend the next 25-years behind bars. gideon karasi was convicted of several charges that included attempted murder for the february attack. prosecutors had asked for 30-years to life in prison. today a judge sentenced karasi to a minimum of 25 years in prison. and said he's shocked the victim survived. tom: a woman will spend a year in jail for her role in the attempted robbery of a 65-year-old in manchester. the victim pulled a gun and shot one of her attackers. today, donna powers spoke at the sentencing of amanda gurley on a charge of conspiracy to commit robbery. >> without question, you are a threat and a danger to the general public and especially to seniors like me who you see as easy targets.

medical help after he got shot. he survived and is facing charges as well. gurley apologized in court to powers saying she's battled addiction and her life spiraled out of control after the death of her mother. shelley: now to new hampshire's drug crisis, and the warning now going out to first responders about a new version of fentanyl that's even more deadly than the original. furanyl fentanyl comes from china. the powder is so fine it can become airborne or it can be dissolved as a nasal spray. to all first responders warning it can be deadly if inhailed, or absorbed through the skin. >> it was a little concerning to me that its changed in form in some respects and that its affecting or could affect our first responders, to me that's the more concerning part shelley: so far, this new form of fentanyl has not been found in new hampshire. first responders we spoke to say they hope it doesn't show up here but they want to be ready

row, the presidential campaign trail ran through new hampshire. hundreds traveled to bedford to hear donald trump speak at the sportsplex. his focus today, what he calls the hillary clinton money trail and the state's drug crisis. wmur's cherise leclerc is live in bedford to start our commitment 2016 coverage tonight. cherise: in a one on one interview with news 9, trump sounded off on political ads targeting his treatment toward women, and also denied any wrongdoing in regards to embargo with cuba in the late 1990's. >> thank you, thank you very much. such a great crowd for this time. cherise: for the 5th time since winning the primary here back in donald trump addressed february, supporters in the granite state. at the beginning addressing the state's crisis with addiction.

wall and we're going to stop that heroin from pouring in. cherise: it's an issue he also brought up to news 9 political director josh mcelveen in a one-on-one interview before thursday's rally. >> this beautiful place where the biggest problem they have is the drugs coming in and the heroin coming in and it comes in from the southern border and i made a promise to the people of new hampshire that if i win we're going to stop it. cherise: the crackdown on immigration was one of the reasons supporters say they back trump. >> i think his policy on banning the immigrants and the refugees until they can be properly vetted is good and it should open up more jobs. cherise: meantime, several protesters standing outside the sportsplex in bedford urged the candidate to release his taxes and spoke of his treatment toward women. >> i've never felt this strongly in an election in my life and i just can't imagine that kind of a man representing our country, it just blows my mind. cherise: trump says any portrayal of him disrespecting women is simply not true. >> nobody has more respect for

of the reasons we're leading is because of the women. cherise: bedford police estimate about 850 people attended today's rally. live in bedford cherise leclerc wmur news9. shelley: on the democratic side, hillary clinton spent the day in the battleground state of iowa. she made stops at 10:00 cities -- 10 cities in the hawkeye state as early in-person voting began. clinton held a speech in desmo and at an airport in illinois , she said that she won't be raising taxes on the middle class. >> the middle class is the social and economic engine of our country. my pledge has been that i will not raise taxes on the middle class and i have defined it as i will not raise taxes on anyone making less that $250,000. shelley: clinton's campaign is trying to follow president

the polls early. tom: new details, about the man shot and killed by police coming up on news 9 tonight. shelley: this as his family is now speaking out for the first time. tonight, what his family is calling for. >> you can either sit here and mope about it, or you can get up and get going and keep moving forward in life. tom: a veteran that almost lost his life while serving, pushes forward. coming up, what he says keeps him going. mike: towards new hampshire when the first showers arrive

i think my strongest asset, maybe by far, is my temperament. i'd like to punch him in the face, i'll tell you. i would bomb the [bleep] out of 'em. i could stand in the middle of 5th avenue and shoot somebody and i wouldn't lose any voters, okay? and you can tell them to go [bleep] themselves. get him out of here! get him out of here! get the hell out of here! priorities usa action is responsible

shelley: killed by police in southern california are calling for justice. tom: the mother of alfred olango is also asking protestors to remain peaceful and no destroy any property. authorities say olango took what appeared to be a shooting stance, and now reveal that what officers thought was a weapon was a vape smoking device. >> help us correct this. let us be in one system of justice. treat everyone with justice. if you support me and my family, peaceful. i don't want to go to war.

they tried to deport olango twice but his home country of uganda refused ot take him back. immigration officials say he had been convicted on drug and firearms charges. shelley: tonight, we are now learning that federal investigators have joined the investigation into linda carman's disappearance. police in rhode island say they will join vermont, massachusetts and connecticut officials all looking into this case. carman's 22-year-old son, nathan carman who was rescued after a week at sea, is disputing allegations that his boat may officials from several agencies are planning to meet this monday. tom: well's fargo's ceo faced harsh criticism about the companies sales practices. ceo john stumpf was pressed about what he knew about the companies creation of two million unauthorized accounts, . he remained on the defensive and told lawmakers that he's deeply sorry. but some lawmakers fired back. >> i am full committed to fixing this issue, strengthening our culture, and taking the necessary steps and actions to

>> fraud is fraud, theft is theft and what happened at wells fargo over the course of many years cannot be described any other way. tom: stumpf says that the bank is now expanding its review of accounts and will evaluate executives' roles. president obama has signed a short-term funding bill to keep the government from ut down tomorrow. the funding bill gives lawmakers another 10 weeks before they have to reach an agreement on funding for the rest of the budget year. the bill signed by the president today provides over a billion dollars to address the zika crisis and it has 500 million dollars to help louisiana flood victims. shelley: now to a story of courage, and motivation. a retired army staff seargeant nearly lost it all while serving his country but against the odds, he lived, and now travels the coutry telling his story, retired united states army staff

his life changed forever. >> i just had one bad day at work. shelley: in 2012, mills was on his third tour of duty in afghanistan. with the 82nd airborne. he was only 24-years-old when he stepped on an improvised explosive device losing his arms and legs. >> four days later, i woke up for the very first time from medical sedation, on my 25 :44. shelley: against the odds, mills survived, and is now one of only 5 quadruple amputees from the wars in iraq and afghanistan. he struggled through painful and stressful rehabilitation determined to regain enough strength to live his life to the fullest. >> there's two options you really have when you come to that conclusion, you can either sit here and mope about it, or you can get up and get going and keep moving forward in life. and i wasn't just going to sit there. my daughter was still looking up to me. she was six months old at the time, i was still going to be her dad.

leave me, when i told her you might as well take everything and go. and there's just no reason why i should let this get me down. shelley: and today, mills lives with a zest for life. marked by a wicked sense of humor. >> hold on to it tight. ok now just hold that. shelley: mills wrote a book called "as tough as they come." talking about his journey as a quadruple amputee. he also founded the travis mills foundation, a nonprofit organization, and travels the and assist wounded and injured veterans and their families. mills addressed a crowd at newmarket high school, telling them about his experiences during the war, and adjusting to life after his injuries. hoping to spread the message that life is a gift to be appreciated, no matter what. >> so many men and women have died for this country fighting freedoms. i think it would be a real slap in the face and a selfish move if i gave up on myself if i gave up with the ability to be here with my family. shelley: for more information on travis mills's foundation or his

he is incredible. mike: all wrapped in every word. we've got changes. we start to see a system that has been stuck for two or three days finally getting close. emmys changes for the weekend. if you look closely enough in the foreground, mount washington off in the distance. you see the fall foliage beginning to show up. spots. in other sports -- in many spots, oliver new hampshire. we may see a one a two-week span of foliage this time around. temperatures renown the cool side. seasonably so.

right around 50 along the coastline. clouds will be chasing the sunshine from south to north during the course of the afternoon. we could see a little bit of sun early in southern new hampshire are on average, will be talking about an overcast skies. a couple of those showers now rotating into long island. approaching the southern new england coast. may make its way into the southern part of the state. the south of that, that works in tomorrow night and early saturday. with ths upper-level stuck in place, that means occasional showers here or there, right through sunday and even early next week. for tonight and made his dry coming the bit of patchy flaw -- patchy fog, some high clouds as well. here's the chance of a couple of showers, mainly south of concord

the call the intensity yet. it's going to be quite chilly come only in the 50's for highs on saturday area as for tomorrow, right around 60. not much warmer. mid-upper 50's on the coast with overcast developing and a couple of showers late. it will remain dry along the north. that is when it will be the that is when it will be the warmest during the day tomor the 50's. occasional showers and maybe even a couple of downpours. on the tropics, starting early next week, the track on matthew now a minimum hirth -- hurricane becomes interesting as it news the bahamas early next week. right now, is tracking off to the west at 10 to 15 miles an hour. after sunday, it starts to turn to the north. if this track holds and it sits

along east coast for the end of next week. we will keep tabs on that as we go through the weekend. i advise you to stay tuned. the last time a tropical storm/hurricane hit the east coast was back on 1894. it just does not happen often at all. it doesn't me this one is good ahead. it just means that he can happen on a rare occasion and we have to watch it. tom: very good. in sports. jamie: david ortiz, his final

one in eight women will face breast cancer. early detection can mean the difference between life and death. planned parenthood gives new hampshire women access to life saving cancer screenings. but ayotte voted to defund planned parenthood six times. why? because ayotte opposes a woman's right to choose.

hurting new hampshire women. kelly ayotte: putting her personal interests ahead of your health care. senate majority pac is responsible

jamie: college football tonight uconn at number 6 houston. under a minute remaining in the 1st half, bryant shirreffs back to pass, connects with noel thomas. thomas breaks free, cuts back against the grain and finds the end zone for a 62-yard touchdown. uconn down 28-7 at the half. houston's only loss all of last season was to uconn. but no problem tonight. cougars win. and looking ahead to the weekend in nh college football, dartmouth plays on friday night, television. the big green will host penn on nbc sports network. dartmouth is off to a 2-0 start this year. on saturday, st a's and unh are home, and plymouth state is on the road. for the final time in 2016, it's the red sox and the ny yankees. they played for the 19th and final time tonight. the sox won 11 of the first 18 games. and the end of an era. david ortiz playing his final game against the yankees. before the game, the yankees gave him an oil painting of

as well as a book of letters from current and former yankees. 4th inning, xander bogaerts with a solo homer, his 21st of the year, that tied the game 1-1. then came the final at bat for ortiz at yankee stadium. he walked, and then was taken out of the game. the yankees wanted this one. jacoby ellsbury with a double in the 5th inning that scored aaron hicks. ny took a 4-1 lead in the game. they go on to win 5-1. dustin pedroia, hanley ramirez, and mookie betts all had the night off. the race for home field advantage in the american league playoffs. the red sox host toronto this weekend. it is looking like they will be in cleveland or i tom to play the indians. three games left in the red sox season. the american league wild card race is a good one. orioles at the blue jays. not really any exciting highlights from this one. the game winning run scored on a sacrifice fly off the bat of

the orioles win 4-0. the o's and jays are tied for the 2 wild card playoff spots . the tigers are a game and a half back. hs soccer. the pinkerton girls at nashua north. astros with the corner kick, mel roberge sends it in to courtney velho, who heads it home, 1-0 . then roberge feeds julia bousquet, and she scores, 2-0 astros. could have been a lot worse, but nash' titans. the astros win it 3-0. boys soccer. pelham against goffstown this afternoon. a direct kick by alex becker of the pythons it deflects off the wall of defenders into inside the right post for a goal tied the game 1-1. grizzlies in white nick mason with a nice little touch to sam heidenreich.he creates some space and scores up high off his left foot. heidenreich was getting some great thru balls check out this

goffstown wins at home 5-2. this weeks hometown hero is a soccer star from windham, who now plays for his state university. chris arling is a sophomore forward for the wildcats, he went to bishop guertin high school before unh, and played for the new england revolution's u.s. soccer development academy. he led that team in scoring, and now leads the wildcats with 9 goals and 19 total points. the mechanical engineering major has only been playing the forward position for a few years, but has been able to use his 6-2 frame and his speed to -- his 6'2" frame and his speed to adjust quickly. >> he can hit the ball really hard. >> looking to do my job to help my team achieve our team goals, which is winning converses -- winning conferences and progress in the program.

continues at 7 more games tomorrow night. let's hope it doesn't rain on the parade. tom: thank you. the deerfield fair kicked off today. shelley: and one of the biggest events of the fair, is the giant pumpkins. the record this one set from a grower who knows how to grow them big. ? keep on smiling with dunkin's delicious reese's peanut butter doughnut square. frosted with chocolate and filled with reese's peanut butter buttercream. taste the fave you crave today. america runs on dunkin'. kelly: you know me. not from thousands of false, negative ads-

your senator, i'm fighting for equal pay and against workplace discrimination, to expand access to birth control, strengthen and preserve medicare, and i reached across the aisle to protect access to mammograms. i approve this message because after all the false, negative ads, i'm still the kelly ayotte you know- and i'm still fighting for you. colin van ostern: i know from my own life the difference a college education can make. narrator: colin van ostern. the son of a single mom, 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

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sip salty and sweet with our new salted caramel macchiato or drink in the season with the classic taste of pumpkin. america runs on dunkin'. shelley: new tonight, a giant gourd is breaking state records. tom: take a look at this 2,066-pound pumpkin. it beat all the competition at tonight's super pumpkin and tonight's super pumpkin and squash weigh-off at night one of steve geddes of boscawen. at one point in 2012, he held the world record. but his current pumpkin falls about 250 pounds short of the current record. the 140th deerfield fair runs through sunday. shelley: how does he get them so big? tom: no clue at all. have we got the frost on the pumpkin?

like that. like that. we do have rai during vietnam i served on an aircraft carrier in the gulf of tonkin. after i lost my job, i slept out here with other vets. you never think you'll end up here, until you do. annie kuster is working hard to get veterans off the streets with affordable housing. and she's helped connect vets with jobs so they can get back on track. that means a lot to me. and i want to say, "thank you, annie." i'm annie kuster and i approve this message. chris sununu's family gave him a famous name and the top job at the family resort. but then things went, well, downhill. over the years, chris cut jobs. chris cut workers' hours to deny them health insurance. and now he opposes the minimum wage. chris has never had to work for anything. chris sununu has no business being governor. this advertisement has been paid for by put new hampshire first

it's ?jimmy kimmel live?! tonight -- armie hammer, from ?notorious?, piper perabo, this week in unnecessary censorship, and music from damian ?jr. gong? marley and now, here's jimmy kimmel! >> jimmy: thank you. thank you, everybody. thank you very coming. i am jimmy. i'm the host of the show. thank you for watching. thanks for coming. thanks for everything, really. for those of you visiting,