lawyers for convicted killer seth mazzaglia are asking the state's highest court to consider whether he was given a fair trial in the murder of teenaged university of new hampshire student lizzy marriott. have been presented to the jury to give a fuller picture of what they say happened. >> nobody is denying that mr. mazzaglia might well be guilty even on the defense version of events of pretty serious crimes, recklessness and homicide, but it's the difference between first degree murder and a death that came about during an accident. reporter: defense lawyers claim marriott died during a consensual sexual encounter, something the prosecution denies. they say the evidence shows that in 2012 mazzaglia lured the young woman to his apartment, killed her and dumped her body in the ocean, never to be recovered. prosecutors say any evidence of past sexual history is clearly covered by the state's rape shield law. >> that essentially says that someone's prior sexual conduct or activity is not relevant, has no bearing on whether or not they consented to any sexual acts in the present. eyewit

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

he was convicted of killing unh student lizzi marriott in 20-12. -- in today mazzaglia's 2012. attorneys told the court her sexual history should have been alwe they claim marriot may have died during a consentual sexual encounter. prosecutors told justices that type of evidence is protected by the state's rape shield law. what started as a project to spread kindness a school in auburn, turned into vandalism. a girls scouts troop bought a buddy bench where kids can sit and meet new friends. but just days after it was installed, the girls found it covered with vulgar drawings and swastikas. as wmur's cherise leclerc tells us, the troop is rallying cherise: it was the culmination of a year-long project for this girl scout troop, but there troop leader says instead of feeling sorry for themselves, they are already thinking of ways to make it better. it was supposed to be a place where kids could come together in kindness. the bench was a gift to the village school from this group of 6th grade girl scouts. but just days after the troop had installed the bench in the >> it had only

mazzaglia is serving a life sentence for killing 19-year-old lizzi marriott back in 2012. her body has never been found. the appeal is based on evidence concerning marriott's alleged prior sexual history and consent. the court has already ruled that documents about her sexual history will not be made public. sean: the gates are going away around the new walmart in manchester. the way they were before the store opened. that means that president road and mack avenue will also become two-way streets again. one alderman says so far, less than $25,000 has been spent on the traffic patterns. >> i'm so relieved that maybe we'll finally find a solution to a problem that had no solution. sean: the road changes and gate openings are expected to take will be done by the spring. erin: two dartmouth college students who were expelled after starting 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

right now mazzaglia is serving life in prison. ism donald trump ditching the press as he headed to dinner our in new york city. the president-elect breaking present call by leaving the whereabouts. some fear he could be setting a dangerous precedent. donald trump giving the media the slip amid reports of turmoil in the transition process. >> thank you. thank you. >> kris: if president-elect leaving trump tower without his protective media pool last night to have dinner at a new york city steakhouse. >> mr. president-elect, no heads up to the media, sir? >> kris: nbc's hallie jackson was part of that press pool and made a reservation at the 21 club, capturing this cell phone de >> the president-elect, donald trump, has every right to a private dinner with his family in new york. the point of having a small pool of journalists cover his movements is to act as a conduit to the american people, so everybody in the nation knows where he is. >> kris: trump spent the day with vice president elect mike pence. missing from the meetings, fo

mazzaglia was convicted of first degree m student. prosecutors say he lured the teenager to his apartment and strangled her, then threw her body in the ocean never to be found. defense lawyers claim marriott may have died during a consensual sexual encounter and her sexual history should have been explored at trial. prosecutors say that type of evidence is covered by the state's rape shield law and that the case against mazzaglia was powerful based largely on eyewitness testimony. have directly benefited his defense. >> it's just common sense that a person's sexual personality has some correlation wit the public personality they project. >> what they were really saying this is crazy even if you accepted that she 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. reporter: marriott's family attended the hearing, but had no reporting live, andy hershberger, wmur news 9. josh: turning to commitment 2016 now. donald tr

marriott was a student at police say mazzaglia killed her in 2012 after she refused to have sex with him. her body has never been found. >> a robbery at suffolk university, two students at an atm approached by two men to ask money. one of the victims said the robber had a gun but never revealed it or said he had a gun. the victim started to walk away and followed by the suspects. the suspects turned, went the other direction, when security guards approached. and police are still out there still searching for those recovering from a serious head injury after he was attacked outside of his own home. officers say they found the 46-year-old man bleeding from the head after being struck with some sort of object. they say the victim was conscious at the time. police do not have any suspects at this time. >> 7 news with your forecast. parts of the state drying out after yesterday's rain falls. temperatures on the radar for today. let's send it over to claire with more on your forecast. >> not terribly comfortable drizzle, a little gloomy. but our main concern today in terms of headlines in

mazzaglia was sentenced to life in prison for raping and killing unh student lizzie marriott in 2012. oral arguments in the case will be open to the public, but marriott's sexual history will remain closed. two sailors had to be rescued when their boat ran aground in boston harbor. the boat lost power and washed up onto lovell island. nicole estaphan from our sister station wcvb spoke with the rescuers tonight. >> vcs are about two foot, so it on the rocks reporter: a rough water rescue caught on camera by the coast guard friday. a sailboat runs aground in boston harbor. the distress call coming in just after 1:00 in the afternoon. rescuers there within five minutes, but it wasn't that easy. >> they were unable to do so because of the waves and the wind. reporter: so they called the chopper. check out this stunning video as a congratulatory fist pump for saving the two stranded sailors before they succumb to the chilly temperatures. >> hypothermia is a big one. anybody going into the water only has a matter of events. reporter: before you head out into the unpredictable see, some advi

mazzaglia is serving a life sentence for killing 19-year-old lizzi marriott back in 2012. the appeal is based on evidence concerning marriott's alleged prior sexual history and consent. the co documents about her sexual history will not be made public. the gates are going away around the new walmart in manchester. city leaders voted last night to return all traffic patterns to the way they were before the store opened. that means that president road and mack avenue will also become two-way streets again. one alderman says so far less than $25,000 has been spent on the traffic patterns. the gates should be open by those traffic patterns. meantime, how long will the rain >> now, meteorologist hayley lapoint. hayley: good morning. a cool, raw feel this morning. it is murky with the rain showers. temperatures beginning in the upper 40's in most locations. our 30's up in the north country. we are actually in the mid 50's in rochester.in climb up into the 50's later this afternoon. that is all we will be able to get to because of the showers and clouds around. it is also foggy.

mazzaglia was sentenced to life in prison for raping and killing university of new hampshire student lizzie marriott in 2012. he is set to appeal the conviction wednesday. oral arguments will be made open to the public, but marriott's the mbta is meeting this week to talk safety after a recent scare for passengers. the t's fiscal and management control board will meet tomorrow to go over issues from the first quarter. that includes this scene on the orange line last month, when cars filled with smoke and passengers busted windows to escape. the meeting will also cover the t's operating budget, and employee compensation. reid: the patriots will be back on the fie after what felt like a very long bye week. it's a super bowl 49 rematch as they take on the seattle seahawks. lynchie is here with a preview. hello, mike. mike lynch: it is the most anticipated game of the season. if you have not left yet, get going because traffic is backed up past lexington. the patriots are still a very, very stubborn team. just but it is hard to throw the ball on these guys. and coach says, you know, if y

mazzaglia convicted of strangling the native in 2012 and her body was never found. hearing and bring you information as soon as it is underway. drug lab scandal connected to thousands of cases. former state chemist annie dookan falsified drug tests and aclu asking to dismiss 24,000 cases dookan was involved with. they argued trying each case individually would be impractical and take more than two decades and supreme judicial court rejected similar motion trump's transition team and elizabeth warren speaks out against the president-elect's choices. trump trying to promote a sense of calm about his transition team and tweeted late last night very organized process taking place as i decide on cabinet and many other positions. i'm the only one who knows who the finalist are. the meetings have been ongoing in trump tower since the election. cnn says they have multiple sources that trump's son-in-law jared kushner is at center and wrong way in recent effort to purge the transition team with chris christie. christie replaced last week by vice president elect mike pence. j

mazzaglia was sentenced to life in prison for raping and killing university of new hampshire student lizzie marriott in 2012. he's set to appeal the conviction on wednesday. oral arguments will be made open to the public. marriott's sexual history will stay sealed. doug: a close call for a car in cohasset. this pickup truck so close to landing in the water on jerusalem road. nobody was hurt. police say it took an expensive tow to get that truck free. on beacon hill, senate leader stanley rosenberg hopes our blue voting state will be treated fairly with a republican trump administration. later this morning on "on the record," rosenberg points to the commonwealth's status as a national leader in high-tech, health care, and higher education. >> four words, president-elect donald trump. >> well, hopefully, he will keep his commitment that he's going to be the president for all of the people, and we have 6.8 million of us here in massachusetts. we're part of the all. so i hope he'll treat us fairly, and i hope he'll treat our state government fairly, because we are a donor state. we're th

seth mazzaglia's lawyers tried to get sexual history admitted as evidence but high court in the state denied that request. mazzaglia was convicted of strangling the westboro native during a sex act in 2012 and her body was never found. we will anybody concord for the hearing and bring updates as soon as things get underway. >>> sara: also happening today massachusetts high hear arguments in the drag lab scandal that's connected to thousands of criminal cases. former state chemist annie dookan falsified drug tests and public defenders and aclu asking the court to dismiss all 24,000 cases that dookhan was involved with. they argue trying each case individually would be impractical and take more than two decades. the supreme judicial court year. >> gene: donald trump denying reports he is trying to get his children top level security clearance. the president-elect tweeting the last 30 minutes those reports are false and meantime sources say there's real turmoil among the transition team with the president-elect. daniel miller joins us now with the battles behind the scene. >> daniel: gen

seth mazzaglia is serving life sentence and lawyers said the jury should have been allowed to hear graphic details about marriott's sexual history. that testimony was barred by new hampshire's rape shield law >> elizabeth: man stabbed ex-girlfriend and mom before running off. according to paperwork jeffrey labath disfigured his ex's face approximate happened in hyde park near huntington avenue. officers said he had broken into a house and if you know who he is, asking to call boston police. >> blair: president-elect trump transition team at process has been called a rocky one. >> reporter: trump's transition has been turbulent to say the least. breaking protocol by ditching reporters for dinner. >> they wanted to go in different direction and easy to hands coming in and i think there's confusion going on about a chain of command coming out of new york. hopefully they will get that settled pretty soon. >> reporter: multiple leaks much of the confusion and in fighting linked to trump's son-in-law jason -- jared kushn. his team has pushed back on the criticism. >> feel good about transition a

mazzaglia was set to appeal a conviction wednesday. oral arguments in the case will be open to the public. marriott's sexual history, however, will remain sealed. right now, police are convenience store at keene state college yesterday. investigators say the person assaulted the clerk and took an undisclosed amount of money. he's described as a white male, with a sweatshirt. seen south on the campus. >> staff at southern new hampshire medical center are preparing for an active shooter situation. employees participated in a drill with first responders saturday. this is the first time the wmur's kristen carosa now with the story. kristen: it's a situation staff at southern new hampshire medical center hope to never see. >> who is coming in? >> they say they're prepared should it happen. >> this has been a community effort to try to get all agencies together on the same page. god forbid we have an active shooter in our community. >> fire, police, s.w.a.t., fbi and american medical response helped conduct the drill in a closed 50 staff mem

seth mazzaglia was convicted of killing 19-year-old lizzy marriott a unh student from west bore pro mass. in 2012. mazzaglia trying to get the court to allow him to use evidence about marriott's sexual past for his appeal. the court has rejected that argument several times, including most recently this past thursday. wednesday for his murder appeal hearing. >> jason: tonight we're in for a treat. rematch of super bowl 49. we all know how that ended. looking to stepped their lead in the nfc west, the seahawks. meanwhile, the patriots are 7 and 1 and cruising in the afc east, coming off of the bye beak, they're 2 and 4 under belichick and tom brady. kick off at require at >> heather: looking forward to that. >>> this time, a much different tone to the message. we'll tell you about the big apology he just issued to a local restaurant through this ad in the newspaper. >> jason: plus the controversial issue now legal in massachusetts. fox 25 went straight to the experts to find out how legalizing recreational i had frequent heartburn, but...my doctor recommended prilosec otc 7 years ago, 5 ye