dipolito's attorney says she never intended to have her husband killed and boynton police set her up. >> posting all of this footage for the world to see. do you police practices? yes or no. >> i can't answer that. >> reporter: before the trial the judge threw out that video but the tape came up during defense questioning. now prosecutors say that opened the door to play the video. the judge could make a ruling later today. jurors have already seen this video of dipolito talking to anunder cover cop about killing her husband. >> we find the defendant guilty. commit first degree murder and sentenced to 20 years. but the decision was thrown out on appeal. this time around, dipolito's actions on video are once again at center of the case. >> it is based 100% on mrs. dipolito's words, her actions, and her intent. >> we're going to ask this jury to disregard those videotapes that this world has seen because police corruption. >> reporter: this morning the defense is expected to call a police expert to the stand, and then dalia dipolito may take the stand. she's considered all weekend wheth

. >> reporter: boynton beach police officers set up a fake crime scene telling dippolito that her husbanday it was taken in 2009. the police abused their power and only wanted to get sensational video for the tv show cops. dippolito's attorney said she never intended to have her husband killed and they set her up. >> posting all of this footage for the world to see. do you believe that is good police practices? yes or no? >> i can't answer that. >> reporter: the tape came up during defense questioning and that opened the door to play the video. the judge could make a ruling later today. jurors have seen this of talking to an undercover cop. >> we find the defendant guilty. >> reporter: solicitation to 20 years but the decision was thrown out on appeal and actions on video are once again at the center of the case. >> 100% on orders, her actions, her intent. >> we'll ask this jury to disregard those videotapes this world has seen because they are a direct by-product of police corruption. >> reporter: live into the courtroom, you can see brian has on the stand right now an expert who is a fo

reporter: in court dippolito's lawyers turned their eyes on the police department arguing that the boyntonrtment posted this online to impress the crew of the tv show "cops" and by doing so put their quest for fame ahead of the integrity of the investigation. something the police >> post that on youtube for the whole world to see within six minutes. >> reporter: in an interview with our amy robach last december, dippolito maintained her innocence. >> did you hire a hit man to kill your husband? >> no. >> reporter: linsey davis, abc news, new york. >>> violence reportedly erupted in louisville, kentucky, during a celebration after louisville quarterback lamar jackson won the heisman trophy. sources tell our station two university of louisville football players were shot at an off campus apartment complex saturday night. their injuries are said to be n nonlife-threatening. >>> new claims 1994 heisman trophy winner razan salaam had symptoms of cte. he committed suicide last week at the age of 42 and his brother tells "usa today" he suffered from memory loss and depression. cte can only be dia

let's get an update on the roads from jessica boynton. >> looking for construction that's into placetorney general josh shapiro will be in north philadelphia today to attend a public forum on gun violence. he'll join the city's top law enforcement officials for that discussion. >>> today state leaders in new jersey will be hearing about ways to make the rails safer following a deadly crash in hoboken. two committees are meeting in trenton to hear about positive train control which is designed to stop a train before a possible crash. we'll have another update in about 25 minutes. you can get the latest news and weather with the nbc10 app. ♪ ♪ >>> this morning on "today's" take, get ready for hoopla with shaquille o'neal. then if you love tamron's style, own one of her hottest items. >>> and we'll deck the halls with decor and gifts for the holidays all coming up right now. >>> from nbc news, this is "today's" take, live from studio 1a in rockefeller plaza. >> hello. >> al roker. >> it's tuesday morning, december 6th, 2016, and -- >> 26. it'd be past christmas. >> 2016, december 6. so

let's get a check on the roads with jessica boynton.terms of drive times. watch this disabled vehicle over in the shoulder. >> thank you. we'll have another update in 25 minutes. of course you can get the latest news and weather with the nbc10 app. more on the bill cosby hearing in montgomery county courthouse coming up in the next 25 minutes. >>> this morning on "today's take," want to get your hands on a hatchimal? we're giving away the hottest toy of the season. stay tuned to win. >>> and presents for you understand $50. >>> and fun with the fonz. tv icon henry winkler our co-host. perfect! coming up now. >> announcer: from nbc news, this sh "toda"today's take," li studio 1a in rockefeller plaza. >>> hey, welcome to a tuesday morning, december 13th, 2016. we are so happy that henry winkler is back. i even made some more cold brew for everybody. >> yes! cheers! >> good morning. and to you. >> yes. al makes cold brew coffee which is the new trend. like you go a lot of places, they have the cold brew. what's in yours? a secret recipe? >

. >> reporter: and the defense arguing the boynton beach police department set her up to impress therew of the tv show "cops." dippolito now returning to house arrest, while her ex-husband she's accused of trying to kill left dumbfounded. >> all she had to do was divorce me, and in the end, nobody would have got in trouble. >> reporter: prosecutors announcing they'll try dippolito for a third time. her defense team saying, quote, "we are absolutely ready for round three," adding, "tell them we can't wait." david? >> ryan smith tonight. ryan, thank you. >>> when we come back here, the famous yoga name found dead in his home. a suspicious circumstance. he launched so many yoga franchises across the country. >>> also tonight, 20 years later, a new turn in the unsolved murder of jonbenet ramsey. >>> and just in time for the holidays, amazon unveiling delivery by drone. it took just 13 minutes. there could be hope getting it there after all. i have a big meeting when we land, but i'm so stuffed up, i can't rest. nyquil cold and flu liquid gels don't unstuff your nose. they don't? alka-sel

jessica boynton has that. >> real easy morning commute.ey're all in the green, actually. trooper road over here. east bound toward the schuylkill, no problem. there is a crash out there. one is on the atlantic city expressway. that's on the eastbound side. left lane closed. >>> more details on the crash of a tractor trailer into a gas station in philadelphia that sparked a fire this morning. it was near oxford circle. they took the truck driver to the hospital. both are in stable condition. you can tap the nbc10 app for updates. i'm tracy davidson, thank you for watching. >>> this morning on "today's take," super model chrissy teigen makes one fan's christmas wish come true. >>> plus, personal trainer bob harper with one small thing you can do to shape up in the new year. >>> and the unstoppable star of "the unbreakables" tituss burgess is back co-hosting. all that and more coming up now. >> announcer: from nbc news, th sh is "today's take," live from studio 1a in rockefeller plaza. >>> welcome to "today" on this tuesday morning, december

. >> reporter: that video, the center of this case made by the boynton beach police department. the defense claiming they staged it arguing that officers set up the police department denying those claims. >> this case is 100% on the egregious misconduct of the boynton beach police department. >> reporter: dippolito pleading not guilty telling our amy robach last december she knew it was all a show for the cameras. >> the tape was -- it was a show. it was a tape. that was the purpose of it. >> you were acting in those tapes? >> yes. >> reporter: but prosecutors say the video speaks for itself. proving dippolito's >> i'm confident like 5,000% sure. >> read her body language. there's not an ounce of hesitation. she's confident. he says i'll put two shots to the head. she's fine with that. he told you she didn't even given. >> reporter: now the jury can't reach a verdict today, the judge is expected to give an allen charge asking them to try one last time. if there still isn't a verdict he could be forced to rule for a mistrial which could mean a third trial for dippolito >>ing o. r

dippolito maintains she is innocent. >> this case is 100% on the egregious misconduct of the boynton beach police department and how they used dalia dippolito as a pawn to generate good reality tv for the show "cops." prosecutors arguing the video they showed speaks for itself. >> 4,700 bucks. she wanted two bullets put in her husband's head. for nothing. >> reporter: the prosecution will get a chance to give its rebuttal this morning and then dalia dippolito's fate will once again be in the hands of jurors, george. >> okay, let's talk to our legal team, dan abrams and sunny hostin. and dan, no big surprise. no testimony. >> no, if she had testified she'd suddenly have to explain a reality show. and i was just acting. and then in this case, the defense has been, put the police on trial. because if she had testified, all of her past statements, meaning including interviews with amy, statements she's made in pretrial hearings, all of which focused on this "i was in would have come in and yet in this case the defense is saying, well, that's not really what we're arguing this time. what

the spotlight on this video made by the boynton beach police department which the defense argues wastaged and posted online to impress the crew of the tv show "cops" and displayed a lack of integrity in the investigation. a claim the police department denies but on monday the judge ruling that the infamous viral video will be shown the defense case the state has a right to put that in evidence. >> reporter: dippolito's lawyers insisting the police set her up. dippolito maintains she is innocent. >> this case is 100% on the egregious misconduct of the boynton beach police department and how they used dalia dippolito as a pawn to generate good reality tv for the show "cops." >> reporter: however, prosecutors arguing the video they showed speaks for itself. >> 4700 bucks. she wanted two bullets put in her husband's head. >> reporter: the prosecution will get a chance to give its rebuttal this morning and then dalia dippolito's fate will once again be in the hands of jurors, george. >> okay, let's talk to our legal team, dan abrams and sunny hostin. no testimony. no big surprise. >> no,

amelia boynton yanked onto the concrete in selma, it's because she's black. this can't be anything but racism, so it was a way to say you had a criminal record and so this is why you see this deployed. the politics of respectability does have some good pieces in it. i'm not one of those who's justt pops it off as some kind of victorian thing because being sober is not a bad thing. we know alcohol and drugs destroy families. of being sober is not a bad thing. education is a good thing, but what it doesn't do is protecttet black bodies from white violence , so i look one of the things about charleston. charleston drove me to thisch because i look at that because the nine who were killed were the models of respectability. you saw nikki haley and south carolina saying that was really bad, that was really bad. event, you had to have their killer, so you have respectability. their killer had to be an avowed white supremacists. they had to findth incontrovertible proof that he was an avowed white white supremacists, so he had to have the rhodesian flag, apartheid in

they argue the boynton police department overstepped its authority by creating this fake crime scene producing a video good television all created they say for the reality tv show, "cops." it's now up to a judge to determine whether all that video will be shown to the jury. >> it is the video dalia's lawyers don't want the jury to see. >> i'm sorry to tell you, he's been killed. >> no, no! >> they set up a fake scene telling her her husband has just been murdered. it was posted the same day it was taken in 2009. her lawyers say the police abused their power and only wanted to get sensational video for the tv show, "cops." her attorney said she never intended to have her husband killed and boynton beach police set her up. >> posting all this footage for the world to see, do you believe that was good police practices, yes or no? >> i can't answer that. >> before the trial, the judge threw out the video, but the tape came up during defense questioning. prosecutors say that opened the door to play the video. the judge could make a ruling later today. jurors have already seen video of her

. >> reporter: so juicy, boynton beach, florida, police shared the story with the tv show "cops" and staged this crime scene to make her think her husband really was killed. her lawyers say the police department's quest for publicity, including posting the videos on youtube compromised her rights. the department's public information officer grilled on the stand friday. >> do you believe that is good police practices, yes or no? >> i can't answer that. >> reporter: the defense says the police set dippolito up to make the department famous and that she never really intended to have her husband killed. >> i'm positive. >> reporter: they accused the police department of corruption. >> this case is bigger than dahlia dippolito. it's about holding law enforcement nationwide accountable for following the rules. >> reporter: but prosecutors say the undercover video speaks for itself. >> what's great about this case is it is based 100% on miss dippolito's words, her actions and her intent. >> reporter: this is dahlia dippolito's second trial. convicted in 2011 and sentenced to 20 years, the v

amelia boynton yanked onto the concrete in selma is because she's black. this can't be anything but racism. it was a way to say you can't say you had a criminal record. this is why you see this the point. the politics of respectability does have some good pieces in it. i'm not one of those who just puts it off as some kind of victorian thing because being sober is not a bad thing. we know that alcohol and drugs destroy families. being sober is not a bad thing. education is a good thing. there are these things, but what it doesn't do is protect black bodies from white violence. one of the things about charleston, charleston drove me to this because i looked at that. the nine who were killed were the model of respectability. you saw nikki haley in south carolina going that was really bad, then you had to have their killer. you got respectability, their killer had to be an about white supremacist. they had to find incontrovertible proof that he was an about white premises. he had to have the rhodesian flag, the apartheid south african flag and he had to have

dippolito's lawyers turned the spotlight on the police department behind the videos arguing that the boyntonch police department staged this encounter and posted it online to impress the crew show "cops" and by doing so tainted and put their quest for fame ahead of the integrity of the investigation, something the police department disputes. >> post that on youtube for the whole world to see within six minutes. you don't think that's going to jeopardize -- you're laughing. >> you keep changing the time. >> you think this is funny, ma'am. >> no, i don't but now you are a saying it's six minutes. >> reporter: had is the second time dippolito is being charged for the alleged crime after an appellate court reversed her conviction in 2014. in an interview with our amy robach last december, dippolito maintained her innocence. >> did you want your husband dead? >> no, absolutely not. >> did you hire a hit man to kill your husband? >> no. >> the judge says once the defense rests its case he will decide if the jury will see that now infamous youtube video. >> let's bring in our chief legal analyst da

boynton beach police stand behind their investigation. as for dalia's alleged target, her now-ex-husband, mike dippolito -- >> i wish them all well. i don't have any ill feelings towards these people. i'm trying to move past this. >> reporter: for "today," kerry sanders with be nbc news, west palm beach. >> "dateline" will have much more on that mistrial tomorrow night at 9:00, 8:00 central on nbc. >>> al roker is back again for >>> al roker is back again for the third time, talking cold, baby. >> that's a warm suit. >> let's show you. we do have lake-effect snow to talk about, and heavy snow up through the cascades, and plenty of sunshine through the gulf states with temperatures that are fairly mild. we will get your local forecast coming up in the next 30 seconds. >>> good morning, clear skies overhead but don't be fooled, it's very windy and cold outside. the temperature now 29 at national airport, and this is as warm as it's going to be for the rest of the daylight hours. northwest winds averaging 28, gusting to as much as 40 miles p

but the defense team argues the video recorded by the boynton beach police department are the real theaterd to enhance the reality tv show "cops." the police said they were aware the "cops" show was filming, but it in no way influenced their investigation. >> those videos, if you consider those videos, you know what you're doing? you are rewarding a police department for lying and cheating. >> reporter: in 2011, another jury found dalia dippolito guilty of solicitation to commit murder. she was sentenced to 20 years. but that conviction was overturned on appeal. >> you must find dalia dippolito not guilty in this case. >> reporter: now, seven years later, and after four days of new testimony, it is in the jury's hands. >> by her own words, her own actions, and her own intent. all day, every day. for $4,700 she wanted two bullets put in her husband's head. >> reporter: the state building its case on just two witnesses, both of them with the police department. and, of course, the videos. >> we're talking about a young woman ha has a beautiful family and now a little infant boy. but i can't g

boynton beach police stand behind their investigation. as for dalia's alleged target, her now-ex-husband, mike dippolito -- >> i wish them all well. i don't have any ill feelings towards these people. i'm trying to move past this. >> reporter: for "today," kerry sanders with be nbc news, west palm beach. >> "dateline" will have much more on that mistrial tomorrow night at 9:00, 8:00 central on nbc. >>> al roker is back again for the third time talking cold, baby. >> that's a warm suit, man. >> thank you very much. it is. okay. we have some lake-effect snow to talk about. heavy snow up through the cascades. plenty of sunshine through the gulf coast and on into the mid-atlantic states with temperatures that are actually fairly mild. we'll get to your local forecast coming up in the next 30 seconds. >>> good thursday morning. i'm meteorologist kari hall. we're in a microclimate weather alert as we tracking the next storm system moving in with heavy rain. starting to see it moving into the north bay. it will be closing into the bay area throu

boynton beach police stand behind their investigation. as for dalia's alleged target, her now-ex-husband, mike dippolito -- >> i wish them all well. i don't have any ill feelings towards these people. i'm trying to move past this. >> reporter: for "today," kerry sanders with be nbc news, west palm beach. >> "dateline" will have much more on that mistrial tomorrow night at 9:00, 8:00 central on nbc. >>> al roker is back again for the third time talking cold, baby. >> that's a warm suit, man. >> let's show you some lake-effect snow snow to talk about. heavy snow up through the cascades. plenty of sunshine through the gulf coast and on into the mid-atlantic states with temperatures that are actually fairly mi >> and that's your latest weather. >> all right, al, thanks so much. >>> coming up, in the wake of alan thicke's fatal heart att k attack, dr. oz will be here with five things you into ed to do if someone you know shows signs of having one. >>> former california governor arnold schwarzenegger joins us live in our studio. >>> but first,

studied them their entire life and frankly these are the right generals at the right time as general boyntonor hiring veterans. >> staff sergeant, as someone who has walked the ground, what does it say to the ground pounder that this president is choosing war fighters like this at the top? >> well, you know, it says everything. general mattis, specifically, when that secretary of defense has to make some tough decisions the men and women on the ground will know he has fought for them all the way to the end. if it's a tough decision they will believe in that decision. morale is huge when it comes to winning a war. morale is huge when it comes to securing this country. the general specifically that have been chosen so far, general kelly has given everything to this country. we're talking about generals who have spent 20 to 30 years in active combat and understand the cost of war and the cost of securing this country. they haven't, you know, this is 2016, we have been at war for 15, 16 years. and, you know, if you count the late 90s, some of the generals have been operational for most of their