sean: breaking news at noon. shots ring out in nashua. the latest on the early morning shooting that left 2 people injured. kevin: last of the rainfall continuing to pull away, if we can stay in the 50's for the week. sean: back in the man convicted of killing a unh student four years ago wants a new trial. kicked out of dartmouth. why two students are now turning to an online petition for help. >> no one covers new hampshire like we do. now, wmur news 9 at noon. [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] sean: we are following some breaking news out of nashua this noon, where right now police are investigating a shooting. good afternoon.

hospital with nonlife threatening injuries. wmur's siobhan lopez is live in nashua. siobhan: the shooting happened in this area that remains roped off. police say it happened just before 7:00 this morning lake street remains close between pine and vine. detectives have been on scene all morning talking to neighbors. we spoke to a neighbor who says she heard a right into her house to make sure her kids were ok. >> at least it happened in the morning. this is an area that is full of kids. so many kids. that is very scary. siobhan: elm street middle school is just about a block away from where this shooting happened. the school was never affected. it was never placed on any kind of lockdown. it is unclear if any arrests have been made at this point,

that is the latest live in nashua. sean: noon, the man convicted of killing a unh student four years ago is asking the state supreme court to grant him a new trial. seth mazzaglia's attorney said decisions by the trial court impacted the defense's ability to provide a proper defense. wmur's ray brewer is live outside the court, and ray, these arguments had to do with the victim's sexual history? ray: that history has been sealed, and in a previous ruling the state supreme court said that it was properly sealed. but the defense says that being allowed to introduce certain facts would have made the jurors more inclined to believe their theory. unh student lizzie marriott was murdered back in 2012. her body never found. seth mazzaglia was convicted of killing her, and sentenced to life. today his lawyer told the state supreme court that by excluding evidence of marriott's sexual

>> the fundamental factual dispute at this trial was between a version of the death that amounted to first-degree murder and a version that amounted to an accident. >> are you also arguing that the jury should have heard that she predisposed to the activity from which her death resulted? ray: the defense argued without being able to submit the evidence the jury would have found it difficult to believe marriott would engage in such sexual activity. even if she had consented in the past, it didn't mean she consented this time, citing a possible theory by prosecutors. >> what they were really saying is this is crazy, even if you accepted on the time in question that she engaged in this the , idea that she would have died without the defendant knowing that, wait a minute, this went too far, that's what's crazy.

geoffrey ward told the justices that the remarks in question happened about two and a half years before marriott's death. >> what the defense does in their brief at least to some of those prior statements is equates them to statements of consent. ray: and the state also argued that mazzaglia's guilt was clearly established based on the evidence, such as two eyewitnesses who observed marriott's body in mazzaglia's apartment, and saw things inconsistent with an accidental death. lizzie marriott's family was here but declined to speak after the arguments. -- after the hearing. at any time but usually takes about three to six months. reporting live in concord, ray brewer, wmur news 9. sean: right now, manchester police are looking for a man who they say broke into a gas station and took off with cash. police say it happened around 4:00 this morning. in this surveillance photo, you can see the suspect walking into the z-1 express on second street. the store's owner says the suspect took money from the cash register and cigarettes before taking off. anyone with information is asked

two dartmouth college students who were expelled after officials said they started a fire in a dorm are asking for a second chance. investigators say an unattended grill outside a dorm window sparked a fire at morton hall last month, forcing more than 70 students into temporary housing. in an online petition the students who were expelled express regret and ask for community support. the school does not allow grills, but some students say this punishment is too harsh. college officials say the in a statement, they said in part, "the fire endangered the lives of students, staff, and first responders. the college is committed to following its disciplinary process. the petition will not play a role in that process. right now, a live look outside, and some much needed rain in the granite state. let's send it to kevin skarupa. kevin: for if you come it was

and much-needed beneficial rain across the area, which is still in a couple of spots lightly raining, drizzle in a few areas. other places have seen breaks in the overcast. thin cloud cover along with it. nothing yearly as organized as what we have been seeing play out the last 18 hours. paul around this area of low pressure that continues to move through. it has not taken much to get back into the 50's, which is where we will at we will talk about the big change that arrives over the weekend with the next system. that comes with future cast in just a bit. sean: there are reports of tension among the president-elect's inner circle, as some top figures are pushed out. one insider describing what's going on as a "knife fight." but officials in trump's camp say it's calm behind the scenes. abc's maggie rulli is in washington with the latest on the trump transition.

inside the trump tower for days, president-elect donald trump finally escapes from his skyscraper. photos on twitter show trump and his family getting a standing ovation last night at dinner. but the night out also went against protocol, as he left without telling the pool of journalists assigned to cover his every move. a trump spokesperson telling concerned reporters that going forward there will be a better plan in place. the dinner break confusion comes amid reports of continuing turmoil inside team trump. former congressman mike rogers, one of trump's top national reportedly forced to resign. he spoke out on cnn. >> i think there is some confusion going on about a chain of command coming out of new york. maggie: and then there's confirmed white house counselor stephen bannon. as the former editor of breitbart, he led the charge to turn the conservative news outlet into a voice for the alt-right and white nationalists. democrats on the hill are calling for him to step down. >> i think donald trump will stand firm by him. he's done that throughout the

problematic situation that one of his first announcements has received this much attention. maggie: but this morning, as more cabinet contenders arrive to see the president-elect, trump denies such reports , tweeting the process for picking his cabinent is very organized. confusion during a presidential transition is normal. president obama took 3 weeks before naming his first cabinet member. but some of trump's early choices for his administration are already causing a strong backlash. washington. sean: several state races were very tight here in new hampshire and today the first recounts are getting underway. there are now 15 races getting a second look. today will be the recount for the state senate seat in district 7 and for state reprs representative seat in belknap county district four and merrimack county district three. firfighters on the ground and in the air. coming up, battling the blazes that have scorched 100,000 acres across the south. and the deadly airport shooting in oklahoma city, where a gunman

kevin: we gradually get back to sunshine, as the system from yesterday pushes away. it is the next system that is more significant. sean: plus, in today's "cook's corner," staying healthy during the holidays.

sean: new information about a

investigators say a suspect who gunned down a southwest airlines employee yesterday was likely retaliating for circumstances that led to the attacker's 2015 resignation. that man killed 52-year-old michael winchester. officials shut down the airport during the three-hour manhunt. police later discovered the suspect dead inside a truck hit he had shot himself. the u.s. for service says wildfires have burned 80,000 acres so far. including one blaze that scorched an area the size of manhattan. in tennessee at least 7 people have been arrested for arson in the past 20 days. burn bans are in place across the south but relief from the ongoing drought is not expected any time soon. rescue efforts continue in new zealand today following monday's powerful earthquake. more than 700 people have been rescued by a navy ship after a coastal town was completely cut

officials say there have been thousands of landslides and aftershocks since the 7.8 magnitude quake hit. so they are still cleaning up there. meantime, the rain is starting to peter out a little bit. kevin: it sets up a situation where the next few days look gorgeous and the focus is on the next system which will have bigger ramifications that them one just came through. sean: coming up in "cook's corner," we're whipping up some delicious sweet potato hash with a healthy twist. and now time for our u local hot shot. a beautiful day for a stroll througth kensington. look at that dog. you can submit your pictures and video and join the thousands of

>> now, meteorologist kevin skarupa with your storm watch 9 forecast. kevin: we continue to watch the wet weather pull away and we set ourselves up or three very nice days across the area with temperatures above average this time of year. big change coming with the next system we will talk about in the

there have also been a couple of later showers. a little bit of everything as mother nature and of the system gradually pull away and makes up her mind as to what we will see. plenty of clouds as well. most of that more organized in the northern half of the state. kind of a back-and-forth for the remainder of the afternoon. it sets us temperatures dropping back in the mid-30's to the lower half of the 40's. couple of light showers left over. better evening commute than what we had yesterday. temperatures holding in the 50's. very easy to get to the 50's when you start the day in the clouds. we will see these hover around through the remainder of the afternoon. comes with a fairly light breeze

similar numbers with highs mainly in the 50's through the end of the week. you notice back to the rest some cooler temperatures and some of that will start ebbing in a later in the evening. this came from well to our south. it really didn't drag down the arctic air. this eventually crosses the country and starts to drag down the colder jet stream a bit. plenty of clouds out there, still the risk of a shower. not nearly as organized as what we have seen over the last 18 hours. i suspect tonight we will have patchy fog in areas due to leftover moisture in the air. clouds and fog, what should be a beautiful afternoon. 50's for most.

we likely will have a good deal of sunshine is restart the weekend. on only clouds approaching from the east but from the west. it brings the chance of scattered showers. eventually we get into colder air. taking a different right over new england. it would mean highs mainly in the lo next system try to approach late in the seven-day forecast. your 63 saturday. that system comes through sunday. let's head to "cook's corner." sean: it is that time of year, the holidays, where we are eating unhealthy food. thanks for coming in.

sean: first of all, you will make up a healthy dish. >> i am. today we are making a maple chipotle sweet potato hash. it is a lovely dish that is healthy, packed with vitamins, fiber, and will write holiday table. -- brighton your holiday table. sean: great, how do we do it? corin: about a couple of brussels sprouts. if you don't like substitute something like asparagus or cauliflower. brussels sprouts, you may not know, are packed with fiber, vitamins, and protein. you will put about a covenant -- cup and a half of apples -- granny smith is what we use in this recipe. and sweet potatoes, squash, also jampacked with fiber as well as

sean: you want something good but it is still good for you could corin cash still good for you-- that is still good for you. corin: right, exactly, you want something healthy. while you were doing this, you are preheating your oven it 400. mix it up just to get the olive oil to coat the vegetables. put it aside. then you will prepare your glaze. way to spice things up a bit. in here is about a quarter-cup of maple syrup, some chipotle. add black pepper to taste. add the olive oil, as well as balsamic vinegar. when you are going to want to do is mix it up a little bit. sean: about a minute left. corin: you give it a bite, mix it up, put it aside.

for about 25 minutes until the brussels sprouts are brown. sean: that is the final product. corin: i think the most important thing is that everybody stays healthy to the holidays and enjoys time to be with family and, remember, try not to gain weight. don't set unrealistic goals for the holidays. people try to set unrealistic goals on losing weight at that time. really just not to gain weight. not to forget to exercise. 30 minutes a day through the holidays, too. and enjoy your family time. happy holidays. sean: more information -- corin: for more information on our classes, snh health.org/classes. right there if you need it. thank you so much. it's been a pleasure.

sean: two important public servants in manchester earned

their service as they get ready to retire. wynette has worked with the fire department for the last 7 years, and bud has logged 8 years of service with the police department. mayor ted gatsas thanked them for their careers and then gave them each some treats. well-deserved. a kitten is safe this afternoon after being rescued from a tree in brentwood. neighbor teresa frank says the cat was stuck in the tree near 72 middle road for 5 days. kevin: tree workers and the brentwood police chief with getting the cat down. frank says her kids named the cat pickles because he certainly got out of a big pickle. sean: cats are very curious. they can get themselves into situations. tree workers to the rescue. kevin: all's well that ends well. beautiful weather on the way after we scour out the rest of the clouds tonight. 50's to the new 60 through the end of the week.

a-changing. starting tonight at 5:00, working to avoid a strike. the meeting happening in the nation's capital to keep for student buses on the roads in new hampshire. in desperate need of good nations in "spirit of giving," how you can help operation santa claus.

now on "celebrity page" tv, we're taking you behind the scenes of kathie lee and hoda's new york cover issue. >> i'm excited. then, pink reveals a surprise pregnancy. plus, ryan reynolds lands gq's man of the year cover. the "dead pool" star talks blake lively was the one for him. big stars, big hollywood. "celebrity page" tv starts right now. >> welcome to "celebrity page." in just a few minutes, i'm bringing you to a hot red carpet right here in new york. but first here's more in california. >> the pair opening up about working together and what they learned throughout their long careers.