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tv   News 9 at Five  ABC  November 14, 2016 5:00pm-6:00pm EST

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a sexual relationship with another student. good evening. i'm jean mackin. josh: i'm josh mcelveen. the lawsuit claims the school initially see the boy would be placed on loaf but then changed the punishment. kristen carosa is in concord with more on the story. reporter: the sexual encounter happened in january of this year and several months later student john doe was told he couldn't come back to school and now his mother is suing for damages. according to lawyers jane roe had a sexual en counter in a dorm room. a month later she went to the school's health center and reported what happened. the school notified exeter police and dcyf because the two students were 15 years old. exeter police did not investigate, but a private investigator for the school found that john doe violated the school's misconduct policies. the school says jane roe did not clearly concept, although it's
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occurred. john doe was put on leave with the possibility he may return in the fall, but then the school says fill licks exeter can take immediate action if necessary. john doe and his mother testified, we'll talk more about that coming up at 6:00. josh: lebanon police suspect they say attacked a woman on a popular trail. siobhan lopez has the hts on that. reporter: police adding extra patrols to this area. they say the victim was walking along one of these trails when a man came up from behind and jumped her. police say a 23-year-old woman was walking a loan sunday evening, was thrown to the ground and assaulted.
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fight the pan off before e ran down the path. the trail is right across the street from dartmouth hitchcock medical center, the suspect described as an 18 to 25-year-old white man with shaggy dirty blon hair, 6 feet tall wearing a dark hooded sweatshirt, seen driving off in a dark colored sedan. >> we believe that you should be able to enjoy reporter: police have reached out to surrounding communities to see if they've had had similar attacks happen, but so far they say this appears to be an isolated incident. both police and the hospital are urging people to use caution in this area and to walk with a friend if possible. siobhan will pez, wmur news 9. jean: thanks. right now several brush fires are burning in new hampshire
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albany. hundreds of acres have been scorched the, as crews continue to fight the flames for a third day. mike cronin is in conway with the latest for us. reporter: so far, 325 acres have burned in the forest. we just found out that crews have had about 50% contained and they're hoping to have it fully under control by tomorrow. pictures from above show the smoke in the white mountain a crew of 45 people aahas been battling the flames, which officials say are small and low in intensity. but the challenge has been the rocky terrain and getting firefighters in safe positions to fight it. no structures have been threated. fooforts are hoping tomorrow's anticipated rain will help. >> started at five acres on saturday, now it 325 acres, some
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it's probably going to be about 350 acres by the time it's all done. reporter: another fire is burning tonight in loudon in the area of bear hill roe. that fourth alarm fire is at about 45 acres as crews work to get it under control. meanwhile, back in the white mountains, the forest service doesn't know how this fire started but they suspect it was human caused, so they are asking people to put out their camp fires and do not put cigarettes in leaves. jean: let's check in with mike haddad to see about the weather. mike: it's been fairly dry, and we don't have rain in april or may, but this time around here we are in november searching for more rain and we're still in that extreme drought other extreme southern new hampshire. however, where some of the brush
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border of the moderate to severe drought. there is some relief on the way for tomorrow in terms of the brush fire concern. fair skies at least for now, we've got that full super moon out there again tonight. so get out and take a look at this over the next pugh hours. we have some rain to our south, that's making inroads. the next stop will be over southern new england tomorrow afternoon some of the heavy rain begins to approach southern new hampshire. we could actually get a couple of rain showers as we are as mid, late morning through midday, and there's quite abuilt of rain on future cast for tomorrow afternoon and early evening. how much can we expect ask what about more changes for the middle and end part of the week, all of that straight ahead. josh: in his first news conference since election day, president obama subpoenas he
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main theme of his last trip abroad. sally? reporter: that's right, josh. president obama offered more details about his private meeting with donald trump. he says he told him that in the wake of such a hotly contested election with the nation so divided that what the president e heck says, how he e says it, what he does, that it really matters and he offered some advice to lines. >> my advice, as i said to the president elect when we had our discussions, was that campaigning is different from governing. i think he recognizes that, i think he's sincere in wanting to be a successful president. and moving this country forward. i don't think any president ever comes in saying to himself i
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country. i think he's going to try as best he can to make sure that he delivers. reporter: whether mr. trump has the temperate to be president, mr. obama see there are going to be certain elements of the president elect's temperate that will not serve him well unless he corrects them because when you're a incorrect things, that has less impact than when you're president. josh: what are the key foreign policy questions still in the air? >> first and foa most is the question of how the u.s. will move forward to come about the isis. also questions about what happens next on trade, the transpacific partnership is
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climate change deal. and leaders in the middle east are waiting to see what trump's presidency means for the iran nuclear deal. josh: president obama's remarks followed prk elect's appointments, one is an insider, the other an outsider. reporter: donald trump has steven ban nonhis chief strategist and senior counselor. critics call ban nona racist and anti-semite. trump announced two senior appointments, republican national committee chairman rhines pree bus as head of staff and steven bannon.
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think they'll both have a hand in communication. reporter: civil rights groups and african-american leaders denounce the move linking bannon to -- >> clearly there is a surge in peep who are riots activists and all kinds of missouris that really revent the choices of the administration and also the campaigning choices for rhetoric. ke peppeds his colleague. >> he was a force for good on the campaign, very wise and smart. i didn't seen any of these things that people are crying out about. >> they're both people that were at the right place at the right moment and that were able to bring about a successful political gain. conway says additional appointments will likely be revealed this week.
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administration. josh: trump started his road to victory with new hampshire's first in the nation primary victory, and could play an outside role in his administration. jean: flames force the evacuation of an elementary school, what we're learning about the caution of this fire in lawrence. josh: a father found guilty of murdering his son by leaving him >> after a dry and warm monday, a damper and colder tuesday follow. >> he's accused of trying to stab a man to death, what investigators say led up to a violent attack. josh: and a perhaps to help people with their heating bills
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jean: it's traffic watch time, let's get this work week started. here we are with live pictures looking over i-93 through hooksett, kind of a cool picture. josh: peggy james joins us now
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>> we just got word of an accident in candyi, a single vehicle accident at old candia road at brown roe. everett turnpike an earlier three-car crash on the northbound side in the area of exit 11, the crash has just been cleared, however there's still heavy backups for you on the everett turnpike making your way north. # 3 north sluggish through the work zone in len done dary and 293 is fill in especially southbound through the mill tomorrow 293 exit 4 ramps will be closed for roe work between 7:00 a.m. and 4:00 p.m. having looks good on 93 north. 101 west crowding up at the lights in bedford. no trouble from manchester to hampton. and you've got plenty of company on the spaulding turnpike north between newington and dover. i'm peg ji james.
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us what to expect at a special city meeting that's getting under way right now. shelley: tonight people living around the newest wal-mart in manchester will come here to city hall to voice their opinion on how they feel about increased traffic in that store. a committee meeting is about to get under way at city hall, so regular citizens can royce their opinion. last month manchester aldermen voted to recruit traffic around the wal-mart, agreeing to make presidt headed west in the hopes that would provide some relet to neighborhoods facing congestion. people living along president road and surrounding streets have spoken out regularly about the increased traffic through their neighbor since the retail giant opened in april. they will be given an opportunity to voice their opinion and comments will be lited to -- limited to three minutes. we'll have the latest on
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10:00 on me tv and 11:00 on wmur. i'm shelley walcott, wmur news 9. jean: a bedford man hit by a car during a morning jog has died. two runners were struck on pembroke way last tuesday. police confirm 58-year-old thomas du charm has died of his injuries. the driver who hit the men is 1 years old and they're investigating whether frost on the wind shield the accident. a hudson woman suffered life threatening injuries in a crash that shut down mammoth road in pelham earlier today. police say it appears the woman drove through a stop sign before hitting a pickup truck. josh: a woman from maine is accused of intentionally driving her car boo a tractor trailer. investigators say that sandra francis crossed the center line
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tried to avoid the crash, he was not hurt. a georgia father has been found guilty of murder after leaving his son in a hot car. jurors convicted screws tin ross harris on all counts in the death of his 22 moil son. prosecutors say harris intention label left the toddler in his s.u.v. during the summer of 2014 while he was at work toshes escape from family responsibilities. the defense admitted it happened but jean: investigators are trying to figure out the cause of a fire that forced the evacuation of near will # hundred students. it started this morning inside a classroom in a school in lawrence, massachusetts. no students were inside the classroom at the time. the superintendent says the staff member took action after smelling smoke. >> they immediately notified school safety and we dispersed the children out of the
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they were scheduled for a drill this friday, it's just part and parcel of what we do. we want to keep our kids safe at all times. this situation fortunately worked out for everyone. jean: the fire was contained to this room, but there are water and smoke damage to other parts of the building. mike: a chance to see that super moon in the month of november, last night and again tonight. these are pictures night's super moon. yes, beautiful shots there, all across the country including the nation's capital right there in d.c. and you've got a great chance again as we go through this evening, there's one, by the way, in australia, take a look at that, not only do you have the moonlight but also the city lights right on the beach. really making for a beautiful shot even in new york city. doesn't matter where you are, because you get another shot tonight. skies are mainly clear and a good opportunity right through
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in november. that means its closest run at new hampshire, at least, and of course the earth, the proximity in its orbital path. we'll have another one in december. by the way, it's the largest appearing moon until 2034, and good viewing this evening because the skies are clear and that will start to change overnight. but not until this evening. how about this monday, 67 degrees for a high, in mid-november, only four off the record of 71 set back in 1989. we're losing more and more daylight each day until we get into at least the end of december. temperature wise right now, really falling off of those daytime highs with the lack of the sun right now. back below 40 in parts of the great north woods.
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then 50's still holding on for another half-hour to an hour in spots from concord points south and southeast. overnight, quite chilly. 20's to around 30. 34 right along the coast. here's the next weather maker we're tracking for tomorrow. by tomorrow morning the clouds are thick over southern new hampshire, while to the north the possibility of a few breaks of sunshine. then t the mid to late morning. turns into steady rain. after a chance of a shower during the morning, notice how that shield of rain advance things from south to north for the afternoon. some of it could be heavy into the evening commute, eventually it reaches the north part of the state by later afternoon and early evening and tapers off later tomorrow night into early wednesday morning. clouds eventually will give way to bright spots by midday and
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than they'll be tomorrow. by the way, with that high astronomical tide due to the super moon and an on shore breeze, we've got coastal concerns. a flood warning at the coast tomorrow morning from 10:00 a.m. to 2:00 p.m. minor flood and splashover a possibility there. in terms of rainfall, take a look at what we can expect, this is only one computer model, but it gives you an idea we could see up to an inch plus of rain if all works out during tomorrow afternoon and evening. breaks by wednesday afternoon. seasonably cool tomorrow, but slightly above that as we dry out on wednesday. thursday, friday, even saturday look great. then the pattern shows signs of changing, cooler, maybe a few mixed or snow showers on monday. josh: a wet one tomorrow. mike: yes. jean: thanks. up next, new questions about a popular diet, what older women need to know about too much
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jean: welcome back. high protein diets are popular these days. josh: but critics say they could be dangerous for older women. dr. timothy johnson explains. >> from protein bars to sthaiks
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adding that extra bit of protein has become the latest trend in diets. and some swear by the health benefits. but now is, a report points to a possible down side. researchers presenting at this year's american heart association meeting in new orleans finds that in a study of more than 100 older women, those who reported eating the most protein in their diets also tenned to have a of heart failure in the long run. but while the study may sound scary, is the extra protein to blame? this study falls short of saying for sure, and doctors are unlikely to recommend that anyone change their diet just yet in light of this finding. but what the research does bring to the table is a reminder that when it comes to diet, balance is best. so while getting the protein is important, remember that it is
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with this medical minute, i'm dr. timothy johnson. josh: a group of hikers can expect a bill in the mail after getting stranded on an icy mountain, that story ahead. jean: and one book store going old school, how customers are reacting to the rule against electronic devices. now here's the super moon reflecting oh off the ocean at hampton beach. submit your pictures and by logging onto u [ tower pinging ] [ whistling ] we've got a problem, friend. half off any smartphone for anyone who switches? what's the problem?
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even these? yeah, any smartphone. call the big guy! [ bell dings ] santa? no, jingles. [ knuckles crack ] [ spits ] ooo. ouch. [ neck cracks ] [ darien ] switch and get half off any smartphone.
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josh: accused of trying to murder his grandson's father, this man says it was self defense. what investigators say led to the fight. jean: emergency crews say they were responding to a fire and found a meth lab. the special treatment the officers -- josh: and the president elect reacts to report of hate crimes and harassment since his
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people behind the problems. josh: the trial is under way for a strafford man accused of stabbing another person and biting his face. welcome back. i'm josh mcelveen. jean: i'm jean mackin. this case involves a father, his daughter and her ex-boyfriend. josh: jennifer crompton is live at our seacoastea explain the connections. reporter: well, the victim in this case shares a child with the daughter of the defendant, and he claims the man tried to kill him, but two very different stories emerged in court. the defense describing this as a family in turmoil, that elder father trying to protect himself and his family. the state claims that 52-year-old kevin henriksson yelled i'm going to kill you just before stabbing his daughter's ex-boyfriend.
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defendant spotted the victim in his pickup truck in northwood with henriksson's daughter inside, despite a restraining order to keep him way. >> the defendant will testify he didn't want to hit back but he obviously didn't want to get hit, so he drabs the defendant by both hans, so the defendant can't hit him any for. what does the defendant do? he bites him right above the left eye. reporter: the stateis and hess, but his lawyer calls itself defense. >> he tried to stab my climate. my client got the knife away from him in a struggle, stabbed and tried to get away from his daughter. >> henriksson went into a rage. this was not self defense. i ask that you find him guilty of attempted murder, first degree assault. >> this is self defense.
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apart. ripped it apart. this is a goodman, not guilty. reporter: the state claims that henriksson didn't initial describe it as self defense, but his lawyers said he did and that there's proof on the recordings from the body cameras worn by responding officers. jennifer crompton, wmur news 9. littleton was caused by a meth lab. rescuers say two people were treated for smoke inhalation and one of them had had minor burns. an officer who is also trained as a d.e.a. ve says he noticed evidence of meth production. police say they found evidence of a large meth operation, so
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rescued from mount lafayette might expect a bill. they were about halfway threw a nine-mile hike when one slipped on the ice and hurt her arm. rescuers say the women were not prepared for the winter-like conditions, crews brought them lights, clothing and other supplies and helped them down the mountain. legislation filing is under way at the state house in concord, today newly elected members of the new hampshire house began submitting bills. every measure will get a vote this session. the file perfect ends on december 2 and the legislative session starts in january. jean: nearly a week after the presidential election, new protests are being held across the country along with reports of crimes tied to the voting results. elizabeth hur has a look at those alleged attacks and what the president elect is now saying about them.
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another day of demonstrations. protesters out once again marching against donald trump's election and raising concerns over the hate crimes and violence repeated the cross the country, including a california teenager posted she hoped trump would win. are are this girl comes up to me and says do you hate next ans can, and i you support trump, you hate mexicans. reporter: almost all cases involve immigrant, black and gay victims with about 20 against trump supporters. so far school officials in jacksonville, florida say they are investigating these two signs, posted over water mountains at a high school. at the university of pennsylvania, the f.b.i. is looking into a text thread depicting lynchings. >> i opened the chat and there
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call and hurtful things. reporter: in oregon police were called after the walls inside two bathrooms at reed college were defaced with graffiti, too profane for tv. all of this prompting trump to directly address those responsible. >> i am so saddened to hear that, and i say stop it. if it helps, i will say this. and i'll say it right to the camera. protesters that he will bring our country back together, but some have vowed to be out demonstrating every day until and including inauguration day. elizabeth hur, abc news, new york. josh: the presidential election remains a hotly debated topic, and now facebook is getting involved, what it doing about fake news stories on social
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donuts, why it's so unhappy with the restaurant chain. >> happy holidays. jean: check your pockets, the bells are ringing tonight in one of the most musical ways to brighten people's holidays. mike: one rain chance over the next few days and it happens
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jean: the dow picked up 21 points today. the s&p off by just a fraction. and the nasdaq dropped 18 points. your average gas prices across the nation, 2.17. match wheas we're averaging right here in the great granite state. the maker of splenda is suing dunkin' donuts six months after the companies parted ways. e sweetener last spring, but splen da says dunkin' donuts is still telling customers it uses splenlda. dunkin' donuts is not commenting. josh: facebook is taking another look at its news feeds. it recently simplified the way it presents headlines after complaints about editorializing, now the company says it will work harder to keep fake news
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these kinds of changes do take time. jean: don't expect to google any of the titles at this wouldn't book store. it is blocking wi-fi and cracking down on electronic device is. >> welcome to the place for books and coffee. please leave your cell cell phos and your laptops in your bag. take a break, live like it's 1993. we want people to be able to come into the store, rel reporter: the owners say customers enthusiastically embracing the rules saying it nice to have a place that's peaceful and quiet. for the techy in your life, how about a smart watch powered by body heat. the makers of the power watch say it converts temperature differences into electricity. and that means it doesn't just track fitness, it also tells you how many watts of power your body has generated.
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things like hearing aids or pacemakers. josh: smart devices will contribute to the $935 that americans will spend, average, on christmas gift this is year. that's the forecast from the national retail federation. it would be the second highest on record. it adds up to more than $655 billion overall. if you're using credit cards financial experts warn to keep an eye on interest rates, to help you make the most of your money. jean: here's a question for you work in a van? coming up look inside the unusual lifestyle, being embraced by people of all ages. josh: and jamie will have sports. tom, coming up, a lawsuit files against phillips exeter, why they family says their son was
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jean: in tonight's spirit of giving, the red kettles are ringing again in the granite state. josh: the salvation army kicked off its annual red kettle campaign this morning in londonderry. they'll be out until christmas eve and bell ringers say every
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even if it's just a penny, anything to give back to people, it really truly does all add up and anything anybody can do to help would be great. josh: so every penny counts, and the goal is to raise more than a million dollars statewide this season. that money helps pay for the salvation army's programs and services. josh: celtics at the pelicans tonight. an 8:00 smart at the smoothy king center. wish we had sot here. boston are heavy favorites tonight. new orleans has one win and nine losses. an incredible game last night, sunday night football, seahawks took it 31-24. a goal line stand to win just like the super bowl two years ago. they tried a tom brady sneak twice. they tried to hit gronk on a fade route, none of it worked. complete coverage of the great game coming up tonight at 6:00.
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they will host st. francis of brooklyn. dartmouth is the three-time ivy league champion and clinched it with a win over brown on saturday. the winner will play at the syracuse orange sunday in the second round. then we'll find out what the u.n.h. basketball team is made of when they play temple tonight at 7:00, lit be the first ever meeting between the programs. it will be a good one you can watch that on espn3. might as well sit backit josh: you're the smoothy king, jamie. jean: josh thinks he's the smoothy king. josh: all right, more people are turning to life on the road. jean: what's driving people who say home is where you park it. reporter: 24-year-old entrepreneur lives at the office. >> this is our lounge space slash store front. reporter: yes, he actually lives at the office. it's a little tight. the founder of a clothing company and his two partners
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and turned it into an r.v., to strike their ultimate work-life balance. >> this is our counter space, when it's a story this is our -- >> a store, this is our display case. i wanted to cut costs and see america. reporter: the benefits, no rent for an apartment or store, as he travels the country building his business. what is the thing you miss the most? >> a hot shower. reporter: and it's not just him and his school bus. there seems to be a growing movent a hash tag for it, van life. more than 900,000 posts from around the country and the world. in nevada city, california, 53-year-old nonprofit fundraiser jennifer langdon and her father fixing up this camper so she can take to it the road full-time. >> it wasn't that i needed to fine a new job or move to a new city. i could take my home with me. reporter: one 24-year-old bay area software engineer blogging
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off his student loans and bank six figures towards retirement. >> in part this has proven by the economics of it, as well as the cultural appeal of it. reporter: downsizes include overnight parking restrictions and the neighbors. >> when people see people living in their vehicles, they will often report them. reporter: that headache is worth it for people like xander. >> it's like where is my office going to be t mountains, the beach? reporter: lauren lyster, abc news, los angeles. mike: temperatures jumping not only above average but very close to the records in many spots. take a look at new found lake where we had a good amount of sunshine all day, and after a chilly start a big jump in those temperatures statewide including out there at new found lake. right now we have fair skies,
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oh in, filtering the full moon, that super moon again this evening, but it should be mainly clear the rest of the night until about midnight or shortly after, that's when the clouds begin to roll in from the next system off to our south and that will bring some beneficial rain for tuesday in some spots, over an inch plus, so that's good news as we go through tomorrow afternoon and evening. another dent in that drought for tomorrow afternoon and evening. then it's mainly dry for the rest of the week. after topping off in ander 60's in spots, it has cooled down considerably. now 51 in downtown manchester, 49 in hampstead. upper 40's to lower 50's in many spots, milder, 56 at hampton falls in the last hour and on average back into the 40's to around 50, monadnock region through the lake sunapee zone. lakes region in the lower to mid 50's. there are cooler spots in the 40's like in bristol right now. farther north as you might expect even cold ever, system 30's showing up, heading for the
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back into the 20's to around 30. but you notice cold air banked off to our north, it will stay put at least for the next several days, and that means any system that moves in our direction will be all in the form of rain. come the end of next weekend, this may start to change a little as cooler air begins to build in behind the next system and that means a possibility of some flakes of snow for some, sunday night and or on monday. right now we're tracking rain to our south, it slowly advances in ourir that by tomorrow morning just a little bit of filtered sun early, but then thicker clouds take over with a couple of light showers. during be the afternoon that's when the heavy rain begins to move in, especially lakes region points south. we could see over a quarter to a third inch of rain per hour for a few hours. you do the math and we're well over a inch of rain before it tapers off tomorrow night. wednesday we'll have clouds out there, but by midday and
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advance into thursday. notice future cast kicking the the clouds out of here bringing on bright skies and seasonably cool temperatures for your thursday. tomorrow, though, much cooler than it was today. due to the fact that we're going to have the clouds and rain and light on shore breeze by the way. a coastal flood warning for minor flooding at the coasts, 10:00 a.m. to about two in the afternoon. rain exits later tomorrow night. lingering cloud give way to partial sun by wednesday afternoon. slightly milder, pleasantlyl near 60 imren for friday and the start of the weekend before some big changes take over. josh: take the drink tomorrow first. jean: thanks, mike. granite state pride will be on display at the national dog show this thanksgiving. josh: we'll introduce to you this show dog right after the break. then at 6:00. >> start with an elementary school rug, a vacuum cleaner and before you know it, you have
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>> and on "new hampshire chronicle." >> would you have to give up your job as mayor and hit the road at some point? >> well, we've been invited to greece, to chicago.
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jean: brad pitt will be allowed to promote his new movie in china, after being banned from the country nearly 20 years ago. the actor was shut out after the 1997 film, seven years in tibet, because of the way the movie portrayed china. today he signed autographs for fans at a promotional event for the upcoming release of the movie, allied, but were not allowed to ask any questions. no good. all right. opening night of the washington national opera's new production included a distinguished guest star, supreme court justice ruth bader ginsburg. josh: the daughter of the regiment is about a woman adopted and raised by soldiers. the 83-year-old justice didn't do any singing, but did have a speaking role.
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umbrella in a rain storm because you are not getting wet. reporter: ginsburg has been a long-time supporter of the arts, a passion she shared with the late justice and a lee a. jean: on thanksgiving day, a miniature bull terrier belonging to a mother and daughter from nottingham has been winning ribbons since he was a publicky, will be in the dog show.
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tom: now at 6:00, prep school suit, why parents say their son was wrongly kicked out and how phillips exeter is responding in court. jennifer: plus the warnings going out after a woman was attacked while walking along a trail. mike: with the drought continuing and brush fires forming, we could really use
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could see. tom: as the trump presidency begins to take shape, new hampshire could prove an important ingredient in the next administration. >> no one covers new hampshire like we do. now wmur news 9 at 6:00. jennifer: tonight new details about a lawsuit against phillips exeter academy. the mother of a former student alleges the school wrongfully kicked her son out, after he had a sexual relationship with another jennifer vaughn. tom: and i'm tom griffith. the lawsuit claims that the school initially said the boy would be placed on leave, but then changed the punishment. wmur's kristen carosa live outside federal court in concord with more. reporter: the sexual encounter happened in january of this year, and then several months later student john doe was told he couldn't come back to school. now his mother is suing for damages. according to lawyers
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in a dorm room. a mob later she went to the school's health center and reported what happened. the school notified exeter police and dcyf because the two students were 15 years old and cannot lawfully consent to sex. exeter police did not investigate, but a private investigator for the school found that john doe vile lated the school's misconduct policies. the school says that jane roe did not clearly consent, although it's important to note it was assault. john doe was placed on leave with the possibility of returning in the fall after seeking therapy, but then the school decided he couldn't come back. his lawyers say the school did not treat john doe fairly. but phillips exeter said the policies clearly say it can take immediate action if necessary. following opening statements, john doe testified, he says the sexual encounter was consensual and feels as though he's being punished for something that did

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