stephen silva gave dzhokhar tsarnaev the game does the gun that he used to murder mit police officer sean collier. he cooperated with prosecutors and begged to get a second chance. kate merrill was in federal court when the sentence was handed down. >> i am very happy. >> reporter: dzhokhar tsarnaev freeman pick >> i don't want to support any kind of terrorism or violence at all.>> reporter: worcester gave dzhokhar tsarnaev the gun that killed mit police officer sean collier but he cooperated fully with prosecutors during a tropical the judge gave him time served, 17 months, after he begged the judge for forgiveness. >> i had no idea what dzhokhar tsarnaev 's intentions were i apologize. i am deeply sorry.>> reporter: are you happy? >> very happy. >> reporter: his family was there to support him, his older brother elated at the news that he is coming home. stephen silva tells us he plans to had to college and get a degree in he helps people can forgive him now that he has been given a second chance. what do you want the public to know? >> i want them to know i am human and we all mak

attorney's office that was tweeted yesterday, dzhokhar tsarnaev will not be present for this. and his lawyers will be here and they will be arguing that he should be granted a new trial and it doesn't come as a surprise at all. tsarnaev was formally sentenced to death back in june. his lawyers filed a paperwork for an appeal. the defense filed another motion in october arguing the trial venue in boston was impossible. today the judge will review that motion requesting a new trial in a different venue. this is not the first time his legal team has argued for a change of venue. they argued to have the trial moved several times saying that the jury pool in eastern mass was tainted an couldn't be unbiased. they took the argument to a federal appeals panel in february and the trial did take place in boston. dzhokhar tsarnaev was convicted in april for his role in the marathon bombings and subsequent manhunt. over 260 injured. right now dzhokhar tsarnaev is on death row and being held at a super max facility in colorado. again, according to the u.s. attorney's office, he will not be

dzhokhar tsarnaev was sentenced to death in june against stephen silva. time already served. he will walk today. we will have much more on the story. live reports coming up later >> sarah: switching gears now. the patriots getting set for the play-off push. now they are getting some reinforcement. >> kris: that injury bug biting. they are bringing in a pretty big name to help out in the banged-up backfield. alex corddry with the latest. >> reporter: joey iosefa made a big debut. >> a battering ram! >> reporter: the patriots turning to a former ram! reportedly bringing in three-time pro bowler stephen jackson to help carry the load out of the backfield. the 32-year-old tweeting this picture of him working out with the caption "i'm back." so his would-be new head coach wouldn't confirm anything on his conference call. >> yeah. i'm not going to comment on any players that aren't on the team. >> do you have an expectation that over the next 48 hours, that there could be a roster addition? >> at this time of year, yes. >> reporter: jackson... nobody is on to the play-offs just yet

which could affect 15 charges dzhokhar tsarnaev was convicted of. federal prosecutors on the other hand arguing jurors already death penalty counts tsarnaev deserved and which ones he didn't. legal analyst phil tracey says it might be in the victim's and new penalty phase now. >> if the judge denies it, this part will be appealed to the appeals court, and then, further appealed to the supreme court and you know, in other words, the process is going to drag on. >> the government also argued they should have access to tsarnaev's visitor logs in prison, because they're in charge of setting tsarnaev's special restrictions. when tsarnaevs sisters visited agent could report to a . >> across either in to this country or across in europe. >> the reporter: with but the defense argued, attorney-client privileges should prevent the government from knowing confidential information like exactly who is meeting with tsarnaev. the government is asking tsarnaev to pay back approximately $80 million, primarily to the families of the four deceased victims and 17 ampute

>> jennifer: this will be the first time dzhokhar tsarnaev's lawyers will be back here at the federal courthouse for this case since june when tsarnaev was sentenced to death. tsarnaev himself will not be here. he's in prison at the supermax out in colorado. his lawyers will make their arguments to the same judge, though, who presided other the trial, judge george o'toole. they're asking for a new trial because of a recent supreme court ruling which they say applies to 15 of the charges tsarnaev was convicted of. the supreme court struck down part of a law that called for strictder penalties when a gun or bomb was used in a crime. tsarnaev's lawyers will make their arguments at a hearing set to begin at 10:00 a.m. also the issue of whether tsarnaev should be ordered to pay restitution to his victims is expected to be addressed today. jennifer egan, 7news "today in new england." ism and we're following breaking news. a u.s. marine from new bedford is found guilty of a deadly crime overseas. kris anderson joins us with more on this story. >> kris: jadiann, this information coming down o

should dzhokhar tsarnaev get a new trial? lawyers for the convicted boston marathon bomber will start building their case today. kevin: sunshine giving way to clouds today with showers approaching from the west. we will talk about the showers and who sees something different than that ahead. erin: heavy snow is falling on parts of the country this morning, creating dangerous and deadly conditions right on the heels of another storm. >> no one covers new hampshire like we do. erin: all right. it is time to turn the page on that calendar. welcome to december, folks. thanks for joining us. i' m erin fehlau. we are in for a cooler day today, but kind of near-normal, so says kevin skarupa. above normal the rest of the week. kevin: if there is not snow on the ground to keep temperatures down this time of year, you will be at or above normal with sunshine. we look for any sort of early sunshine in that chilly start to get the clouds to move along. showers coming in for the afternoon. nothing heavy, but there could be a couple of mix

should dzhokhar tsarnaev get a new trial? lawyers will start building their case today. kevin: sunshine giving way to approaching from the west. we will talk about the showers than that ahead. parts of the country this dangerous and deadly conditions on the heels of another storm. >> no one covers new hampshire like we do. now, wmur news 9 daybreak. erin: good morning, new hampshire. welcome to december. there are officially 25 days until christmas. i' m erin fehlau. thanks for joining us. kevin skarupa joins us with a look at our forecast. kevin: kind of a quiet stretch as we lean into the meteorological start of winter. single digits up north to mid 20' s in southern spots with mostly clear skies. you will notice the system approaching from the west. it looks like we will be on and off with shower activity through thursday morning. temperatures start where they did yesterday. s to lower 40' s this afternoon. much more on your forecast in just a bit. let' s take a look at your tuesday morning ride. we are joined live by 95.7 wzid' s deb davidson. good tuesday morning. d

during the trial of dzhokhar tsarnaev silva testified that he left let tsarnaev borrow a handgun two months before the 2013 terror attack. prosecutors say that handgun was used to kill m.i.t. officer sean collier days after the bombing. >>> drone owners must now register with the government. the new rules cover all drones weighing more than half a pound. you u.s. residents must register their devices by february 19th. registration is free for the next 30 days after that it will cost you $5. fines are expected to drone owners who don't register. >>> a family saved thanks to a quick thinking neighbor. 84-year-old woman who spotted a fire and didn't think twice before acting. >>> sitting down one-on-one with massachusetts governor charlie baker. fox 25's sharman sacchetti getting answers after baker's first year in office. >> tracking a couple hours

the hearing will start at 10:00 in federal court and dzhokhar tsarnaev's defense team will be here and he is not expected to be here according to information tweeted out by the u.s. attorney's office yesterday. tsarnaev is being held at a super max facility in colorado right now but his defense attorneys will be arguing that he should be granted a new trial and this doesn't come as a surprise. he was convicted back in june and as soon as july his defense team filed an appeal but today's hearing will focus on part of a demotion for a new trial and part related to a supreme court ruling issued after tsarnaev's trial. it centers on a legal definition of a crime of violence that carrying city offer people tees. the court struck down part of that, that and to be unconstitutionally vague. convictions on the 16 counts and reopen the penalty phase. tsarnaev was convicted earlier this for his role in the marathon bombings and subsequent manhunt. four people were killed and more than 26 were more than 26 were injured. that terminology crime of violence and where it was used in the case. managed

. >> stephen silva provided dzhokhar tsarnaev with a handgun used in the deadly shooting of mit officer sean collier. today he did walk out of federal court a free man with a message for the kohl injury family. night team's tim caputo is in south boston with what he said. >> reporter: kim, he apologize repeatedlyin fact he had said he in order idea what dar in every brothers againeded to he said he asked for it back several times but each time tsarnaev had a different excuse. regardless of all of that, he cespedes he's truly sorry. >> man who gave a terrorist a handgun is back on the streets. and apologizing for his actions. definitely like to give my deep e. condolence to collier family i'm very upset that firearm was used oh to kill him i had no ideas whatsoever what his intenses were it's pretty difficult but something i've got live with stephen silva was released from federal custody after serving 17 months behind bars. silva provide are marathon bomber dzhokhar tsarnaev with yud to kill mit officer sean collier days after bombings on boylston street. in court the former drug dealer

. >> reporter: silva pleaded guilty to giving dzhokhar the gun used by the tsarnaevs to kill colier. silva testified every time he asked for the gun back dzhokhar came up with a different excuse. silva took responsibility for his actions. silva who says he has no idea what the tsarnaevs were planning added: what does this day mean to you to be walking out of a `federal courtroom in boston? >> being free is the best feeling in the worlds. the best of it. >> reporter: silva's courtroom applauded when he heard the judge's time served sentence and he was courtroom. silva he is also been placed on three years of supervised probation now. live in boston tonight, steve cooper, 7 news. >> kim: thank you. silva said his freedom offers him a second chance. he says that it's one he doesn't plan on wasting. our team 7 coverage continues with dan hausle. >> reporter: silva says he was dumb when he was young and give that gun to the tsarnaev brothers. he does say the rest of his life he hopes to make difference. silva walks away from the moakley ciaos vowing to be a different man. >> everyb

the most significant charge he pleaded guilty to is the handgun he gave to dzhokhar tsarnaev, who used it to kill sean collier. tsarnaev claimed he was going to due to silva' s cooperation, his testimony cut across the defense argument that tamerlan tsarnaev and that joe dzhokhar tsarnaev -- testimony was that it was an important piece of evidence refuting his defense narrative. the prosecution is asking for no from the regular sentencing years in federal prison. the hearing is going on now. keep you posted. emily: public schools in nashua, new hampshire, back open after a threat forced them to close yesterday. the threat was directed at students at the city' s two high schools. investigations turned up nothing. the investigation does continue. new this noon. a new hampshire man is under arrest, accused of firing a gun at his son. police in deering say last night, andrew liles got into an argument with his son. things escalated and then liles reportedly grabbed a handgun and fired several rounds in the direction of his son' s vehicle in the yard. no one was hurt, but liles faces severa

dzhokhar tsarnaev was not present for it but his entire defense team was pushing for, phase. more than that they'd like a new trial altogether. death, dzhokhar tsarnaev sits on death row while his defense team begins its last ditch effort to spare his life. the first call to judge o'toole. there should be a new penalty phase on all counts, citing the marathon bombings were not, they say, categorically a crime of violence. the defense referencing the conviction on weapons of mass destruction, malicious destruction of property, carjacking, and robbery. the government saying it's a common sense perspective that these crimes require physical force. another motion on the table is one we've heard many times before from the defense calling into question boston as a venue location, citing the inability to compile an impartial jury. the same jury who determined the fail of the convicted marathon bomber. the defense considers now tainted by media coverage, special events and anniversaries. specifically citing one boston day. the rulings on these motions judge, though, we know there are

dzhokhar tsarnaev was not in court for this motion. he remains behind bars at the at issue is whether the death penalty should be reconsidered. the judge did not make any immediate decisions. another big issue was about restitution for the victims of the bombings. at a minimum, he could be ordered to pay $25 quarterly to a fund. no rulings today. emily: the defense getting its turn in the trial of a danvers teen charged with murder. philip chism' s attorneys now getting a chance to lay out their case. newscenter 5' s sera congi is live in salem this noon. sera? sera: his attorneys are building took him as a child. was very quiet and a beautiful soul. sera: a grandfather giving jurors a glimpse into philip chism as a child, saying the boy was well behaved and respectful. how chism' s grandmother and aunt both suffered from mental illness. a family friend from tennesee became emotional talking about the financial stuggles of chism family. claudia rodriguez testified they would stay with her family. philip was a normal kid, but was angry

steffens about led dzhokhar tsarnaev borrow 100 before the bombings and he said that dzhokhar tsarnaev told him that he wanted to use the gun to robert university of rhode island students. and he said that dzhokhar tsarnaev kept coming up with excuses to explain why he never returned the gone. prosecutors say that it was used by dzhokhar tsarnaev of his brother to kill m.i.t. police officer sean collier days after the bombing. the bombing left three people dead and more than 260 people injured. stefan silva will be sentenced in court on tuesday. >>> in the bay area, a man is in critical condition after nearly drowning at ocean beach. it happened before 9:30 am yesterday morning near -- rescue crews were able to reach the swimmer within minutes and officials perform cpr and then transported him to the hospital. he remains in the hospital this morning. >>> in the bay area, families lined up to receive gifts for the holidays is a dream they annual toy giveaway. it happened yesterday at the mission police station on valencia street and santa claus was in attendance and the officers collect

. >> christa: and lawyers for dzhokhar tsarnaev will be back in federal court. they're arguing for a new trial. they continue to say their client could not get a fair trial ins be because a local jury couldn't be objective. >> jadiann: meanwhile, the defense in the philip chism case this morning. prosecutors wrapped up their testimony with the emotional testimony of a friend of colleen ritzer. >> christa: and a close call on the road. what happens a moment before this post goes right through the windshield. we see too many stories like, this an i'm sure commuters find that unsettling. >> jadiann: absolutely. speaking of this morning and commuters, all clear now, but j.r., there may be some rumblings in the forecast later on. >> jeremy: we're talking about showers for this afternoon. isolated in nature and nothing heavy or widespread. it does not get in the way of the morning commute. the morning commute is dry. a chilly, raw day with temperatures struggling to make it to 40 degrees. overall the pattern is a mild pattern. as we welcome december, in fact, it's the

he provided dzhokhar tsarnaev with the hand guff used in the shooting much sean collier. >> a judge released him on time served. we begin with steve cooper live outside of federal court. >> reporter: all the events that transpired here, a little about the of a surprise for a lot of people because that was supposed to be a sentencing, but exactly what was going to happen was very up clear. before that sentencing the judge basically telling silva to remember that he is the one that provided the gun that led to the deaths of a police officer. something that he would have to live with for the right field of his life. >> do you want to apologize to the collier family? >> i like to give my deepest condolences. i'm very upset that the firearm was used to killham. i had no idea where it would end and it's difficult but something i got to live with. >> reporter: just released after serving 17 months behind bars, silva offers an apology to the family of sean collier. he was sentenced to time served by judge mark wolf here at federal court. clearing the way for his prison. silva who went to high school

he said he loaned the gun to dzhokhar tsarnaev two monthsing before the bombing. thissy u >> at the end of the day he did what he did, i don't support it. i don't support any type of terrorism or violence. >> silva pleaded guilty to gun and drug charges last year. prosecutors asked for a reduced sentence saying his testimony was critical in convicting dzhokhar tsarnaev. >> it's 4:46. if you own an older model ford sedan, crown victorias and mercury grand marquis between 2003-05 are recalled to fix the headlights. dealers will replace the headlights free. >> a town in idaho is rallying around a lunch lady who got fire forward helping a hungry child. this is daylean and last week she was serving meals at her middle school. a girl told her she was hungry but didn't have money for lunch. she gave her the food telling the girl not to worry. a supervisor saw what happened and reported the lunch lady and the school district fired her for theft. >> my heart hurts. i truly love my job. and i can't say i wouldn't do it again. >> she has hired a lawyer. students and parents

that ruling was made in june after dzhokhar tsarnaev's trial. it struck down part of the legal definition of a so called "crime of violence." tsarnaev's team says that means his convictions on 15 such counts should be thrown out. in all, tsarnaev was convicted sentenced to death. his lawyers think he should get a new trial claiming his death sentence on some of those counts was likely influenced by those "crimes of violence." they'll also argue that tsarnaev should be given a trial in a different location because outrage and publicity in the boston area prevented the jury from being impartial. tsarnaev is being held at the federal supermax in colorado and will not be at the hearing. he was convicted of killing three people and injuring more than 260 others at the marathon finish line. reporting live outside federal court in south boston, todd kazakiewich, wcvb, newscenter 5. emily: the defense gets the case today in the philip chism murder trial planning an insanity defense. the eye's sera congi is live at the courthouse in salem with the develop

lawyers for convicted boston marathon bomber dzhokhar tsarnaev are asking the judge to give him a new trial. he was sentenced to death for his role in the 2013 bombings. today tsarnaev's lawyers told judge o'toole that a recent supreme court ruling calls in to question, 15 of the 32 counts against him. they argue the counts likely influenced jurors when they decided he deserved the death penalty and for that reason, he deserves a new trial. the judge has not ruled on their request. >> mark: it wasn't an easy day for accused teen killer phillip chism has his lawyers start mounting his defense. hours after chism's own grandfather testified, chism told a judge he wanted to skip a hearing and go back to his cell early. our bob ward was in the courtroom and shows us what happened after people very close to chism took the stand. >> do you feel like you have a clear mind, sir, and under what's going on? >> yes. up in court after the jury was sent home, telling the judge, he wants to go back to his cell and skip an important midday hearing. the judge allows it. >> earlier, phillip chism sat m

he admitted to lending his gun to dzhokhar tsarnaev, which was later used to murder m.i.t. police officer sean collier. the 22-year-old silva was a close friend to tsarnaev at the time. silva apologized for his role in the crime. >> i would like to give my deepest condolences. it is just sad a close friend chose to do that with his life. emily: silva' s cooperation with prosecutors proved key in the marathon bombing trial. his testimony helped undermine the defense case that tsarnaev' s older brother tamerlan was the driving force behind the attack. for that, he received a lesser sentence. >> we shouldn' t let anyone bully his way into the presidency. randy: hillary clinton fighting back in her war of words with donald trump. despite outcry, the republican front-runner is not backing down. the eyeopener' s erika tarantal is here with details in overnight. erika: donald trump took to twitter to explain his use of a vulgar term, that means a sexually degrading act, to describe clinton' s primary loss in 2008. the gop front-runner insisting it was not vulgar and he simply mean

dash cam footage was released last week. >>> lawyers for dzhokhar tsarnaev will be back in federal courteeking a new trial. tsarnaev was convicted and sentenced to death back in june for the marathon attack. since then, the supreme court struck down parts of the law tsarnaev was convicted under. the judge who oversaw tsarnaev's trial is scheduled to hear arguments on the defense motion for a new trial. tsarnaev will not be in court for the hearing. >>> let's get an early start on your money. first day of a new month. u.s. stock futures are up with a great deal for investors this month. beginning with the latest jobs report on friday. the final report before the fed makes a decision on interest rates. consensus is the fed is likely to raise rates this month for the first time in a decade. >>> nearly every jobs indicator has been improving. now just 6.2% compared with 10.2% unemployment during the recession. the tales of college educated baristas, tales are rarer by the day. the federal reserve to the big banks. don't expect a big bailout in the next financial crisis. the fed cannot give f

>> this will be the first time dzhokhar tsarnaev's lawyers will be back at the federal courthouse since june when tsarnaevs sentenced to death. tsarnaev himself will not be here. it's imprisoned at super max in colorado. his lawyers will make the argument to the same judge who presided over his trial. they are asking for new trial because of recent supreme court ruling which they say applies to 15 of the charges tsarnaev was convicted of. the supreme court struck down part of a law that called for stricter penalties when a gun or bomb was used in a crime. tsarnaev's lawyers are expected to argue the supreme court ruling calls into question conviction they say effected his sentencing therefore tsarnaevs lawyer believe there should be a new trial. the hearing is set for 10:00 this morning. live in south boston. jennifer eagan. 7news "today in new england." more breaking news from overseas. marine from new beford had been found guilty of homicide. he was convicted in the philippines. he will serve up to 12 years in prison for killing jennifer loud transgunneder women in a hotel room last y

boston marathon bomber dzhokhar tsarnaev and aurora, colorado movie theater james holmes were both found guilty. holmes received a life sentence. tsarnaev got the death penalty. supreme court legalized same-sex marriage and prompting celebration and nuptials nationwide. kentucky county clerk kim davis spent five days in jail after refusing to issue licenses because of her religious beliefs. in upstate new york, a massive police shot and killed one convict and captured the other. the freighter ship "el faro" and its 33-person crew hurricane. a speeding train derailed. california's governor declared a state of emergency as the record drought got worse. and boston had the most snow ever. more than 110 inches. pope francis captivated americans on his first trip to the states, visiting washington, d.c., new york, and philadelphia. the nfl suspended super bowl mvp tom brady over deflategate, but a judge later reversed the penalty. >> triple crown! >> and american pharaoh won the triple crown. the first horse to do it in 37 years. >>> coming up after your local news on "cbs this morning," legal

he admitted to lending his gun to dzhokhar tsarnaev which was officer sean collier. randy: the woman charged with murder in a las vegas crash will today. lakeisha holloway was charged and child abuse. police say she intentionally drove up onto a sidewalk, plowing into a crowd, all with her young daughters in the car. one person was killed. a woman is dead after she was hospital. police escorted her in handcuffs. she had been discharged and asked to leave by hospital staff. the officers took her back inside after she collapsed but she was pronounced dead. results of her raups expected to be released today. emily: new york real estate heir and suspected murderer robert durst will head back to los angeles, to face charges. prosecutors say he killed a friend, to stop her from investigation into the 1982 disappearance of durst's wife. durst was arrested months ago in new orleans on weapons charges. randy: twin birth rates hit a new high in the u.s. last year, nearly 4 million babies were born and 135,000 of them were twins. that's about 1 in every 29 babies. in 1980 that

during the marathon attack trial, he told the court he gave the gun to dzhokhar tsarnaev. two months before the bombings and prosecutors say the gun was later used to murder sean collier. right now a manhunt -- a man hurt in an explosion at a new hampshire tire shop is being treated in the boston area. in salem was killed. 22-year-old justin allman was in the process of filling a large truck tire when it blew up. he suffered severe head injuries. >> inflation may have been too much for what the tire could handle. but that is all we know at this point. heather: osha investigators are checking into the shop. reid: in california, a man were shot and killed by police in a police brought the man to the hospital after he attacked them during a disturbance call. once they got into the hospital, the man reportedly tried to drag one of the officers weapons. e.r. workers say attempts to restrain the man with a stun gun were unsuccessful and that is 11 of the officers fired. he is the 20th person shot and this year. police in texas investigating a fatal crash that involved a greyhoun

he says he loaned a gun similar to this one to dzhokhar tsarnaev, who two months, this was two months before the bombings. during tsarnaev's trial, silva he wanted to use the gun to rob uri students. >> christa: breaking overnight architects tech grand jury deciding not to indict any jail officials in the death of sandra bland. the 28-year-old was found hanging in her jail cell back in july three days after she was pulled over for not signaling before a lane change. that traffic stop became confrontational. bland refused to get out of her car the trooper threatened her with a stun gun. it hasn't been determined if the trooper will face any charges. >> >> sarah: the race for the white house taking a tense turn. donald trump throwing political bunches at hillary clinton and even using some vulgar language. 's kris anderson with more on this. >> kris: sarah, jabs coming from both sides. donald trump was in michigan and said that hillary clinton's bathroom break during saturday's democratic debate was "disgusting." and he used a word that obviously we can't say on television when he was d

meanwhile former patriot aaron hernandez, boston marathon bomber dzhokhar tsarnaev and aurora theater shooter james holmes were convicted in highly publicized trials. as they faced justice 2 a weeks long manhunt that ended reporting. --------- --------- --------- coming up tonight on the a youu iowa man's dying wish comes true -- find out what he wanted to do with his family before he dies. santa claus is headed out -- starting his annual marathon delivery for christmas. he starteehis trip in finland. you see him with a few reindeer riding on his sleigh. this may seem early -- but it's already christmas eve in some other time zones. norad will be tracking santa's magical ride from inside cheyenne mountain in colorado springs, colorado. you can start watching out for santa at seven o clock tomorrow morning. storm track seven chief meteorologist mark schnackkberg has a final lookokat your forecast. thanks for watching the kwwl

>>> breaking news, freedom tonight for the man who gave dzhokhar tsarnaev the gun that was later used to kill a mit police officer sean collier . kidnapping her children is now held on $50,000 bail. they found a suicide note in arrested her. >>> this is an imposter. in run for -- in winthrop he lied about his identity to get inside of several homes. once he was in custody, he became wildly aggressive.>> we have the details and a warning for residents. >> reporter: this police video shows what happened after james arrested. he tries to spray police officers in the eyes with glass cleaner and 2 officers were injured subduing him. speed -- >> he used [ indiscernible ] to enter the premises. >> reporter: he told residents such as karina and donald that he worked for massport and was there to check their windows. i turned and he said he was from the company. >> asked for his name that was. he said it was in his truck. i told him to go get it and he did not come back. >> we have airplanes flying over us every moment of the day. >> reporter: mass port does help people. they said they found m

phil: lawyers for boston marathon bomber dzhokhar tsarnaev back in court today, asking for a new trial. millions of in restitution to dollars his victims. reporter: lawyers returned to court to ask for new trial. was not present, remaining in prison. the u.s. supreme court decision came down in june, two days after tsarnaev was sentenced to people. it called for stiffer penalties when a gun or explosive is used in a crime of violence. argued it is impossible to unpack what weight s deliberation. the preceding. the prosecutor says there is no reason to. the jury carefully among the death penalty counts. at trial, tsarnaev ' s lawyers admitted that he was responsible for the bombings and the 22-year-old apologized to the victims. restitution was ordered to be paid to the victims, a figure of $80 million. at a minimum, he could be required to contribute $100 a year to be 57 individuals who have submitted claims. the judge did not immediately rule. wcvb newscenter 5. donald trump returns to the campaign trail in new hampshire. he will hold a rally. this as trump considers charging cnn for

. >> the judge will rule on whether dzhokhar tsarnaev will get a new trial. tonight the judge heard that a recent supreme court ruling calls into question 15 of the 30 counts against him, that likely influenced jurors when they decided he deserved the death penalty. for that reason they say he deserves a new trial. the judge has not ruled on the request. o. >>> a strat ham new hampshire man is under arrest after a long standoff with police. parts of route 88 were shut down for hours today as police from several towns were on the scene. police say 911 was called to report an overdose and it let l toad a threat. mark tracy surrendered peacefully, he was the only one inside that home. >>> new at 11:00, the driver of a toyota lost control around 7:00 tonight, slamming into the unoccupied minivan on grafton street. the area was closed for more than an hour as police investigated. three people were hurt. one of them critically. >>> big change is coming to the chicago police department in the wake of protests over the shooting death of a black teen by a white office

dzhokhar tsarnaev's lawyers will appear in courtrtoday to argue the motion. the same judge who presided over the trial will hear the arguments. in june, tsarnaev was sentenced to death for his role in the bombing. his lawyers say 15 of his convictions are n n in question because the june ruling was based on the legal definition of "crime of violence" the bombing left three people dead and 260 people jured in april of 2013. now for a quick check on your meteorologist kaj o'mara. are lucky enough to get a break in cloud cover this morning, they'll fill right back in. a few scattered flurries may fly around as well, but no issues or accumulation s are expected with those. on wednesday, clouds remain thick and a few more flurries may be in the air again, toto the big story of the extended forecast is warmer conditions for friday and especially into the weekend. overall, we this tends to lead to a mild december at the very least. in addition, there are no major storm systems for the next 7 days that will impact iowa. perhaps this weekend is your weekend to get the

boston marathon bomber dzhokhar tsarnaev is asking for a new trial in a different location. his lawyers are set to appear in court to argue that motion. the same judge from his trial will hear the arguments. he was sentenced to death in june. jury selection will continue against officer william porter. he is one of six officers charged in the death of freddie he faces manslaughter and other charges for his role in the fatal act them. elizabeth: police in des moines have identified the two victims found dead at 39 18 center street monday. their 36-year-old brian howard and 31-year-old heather baloo. officers also found two children alive in the home when they arrived on the scene and there were taken to the local hospital. police are looking for this man. he is a person of interest in the case. fort dodge police are looking for an angry speeder who may have torched in mobile speed suv over the weekend. cell phone video shows the unit fully engulfed. it was sitting along the road saturday night when someone set it on fire, causing $40,000 in damage. they hope to have a new uni

the suspects, but they are still investigating. >> this morning a friend of marathon bomber dzhokhar tsarnaev months. stephen silva walked out of court shortly after being sentenced to charges. silva is the man who loaned tsarnaev the handgun that was used to kill mit police officer sean attack. >> was the key witness for the during during tsarnaev's death penalty trial. collier's family. >> i would like to give my deepest condolences to the collier family. i had no idea whatsoever what his intentions were. >> prosecutors did recommend a reduced sentence because silva he will remain on probation for three years. >> a local mother accused of kidnapping her kids is being held on high bail this morning. police say they found a box of wine and a hose in valerie mcgrath's rental car. investigators say mcgrath rented that car after abandoning her suv in swansea and leaving behind a suicide note. prosecutors say she also had a troubling conversation with her sister before disappearing with her kids on sunday. >> that she did not want to drop off the kids, that she might as well drive into traffic. n

the judge will decide whether dzhokhar tsarnaev will get another trial. they say that they want a new one somewhere. 5 -- >> it is a hospitality fee that restaurants want you to pay. >> a home in flames and why this popular holiday if may be to blame. >> a round of rain has arrived and another round is expected tomorrow. i will have a and sometimes i struggle to sleep at night, and stay awake during the day. learn more by calling 844-824-2424. and let roomba from irot help with your everyday messes. your entire home cleaning up pet hair up to 2 hours. r are always clean. t you and roomba from irobot better together . >> you are watching news center live at 11:00. anchor 1: some diners are getting hit with a new charge. anchor 2: a hospitality fee. what is this about? reporter: this is a pay gap those in the kitchen. more fair. s, the >> we are not hiding everything will stop we are proud of the approach and we are nervous about how it will be received. >> it goes to the back of the house employees and line cooks get a small raise. >> it is a different wit

stephen silva was convicted of drug and weapon charges during the trial of dzhokhar tsarnaev. testified that he left dzhokhar tsarnaev borrow a handgun two months before the terrorist attack. the handgun was used to kill officer sean collier days of a the marathon bombing. >>> the entire school district was shut down when there was a the building was swept by bomb the building was swept by bomb-sniffing dogs. nothing was found, but the superintendent tellings fox25 there is a reason multiple police agencies and even the fbi were called in. >> one of them was the specificity of the threat which is highly unusual, and i think superintendents have been trained over time that the more specifics you have on a threat, the greater the cause for concern. >> gene: district taking steps this morning to make sure students are comfortable returning to klalt. counselors as well police. the investigation that threat is on going. >> a woman accused of driving into a crowd on the las vegas strip will be charged with murder. laki svshtion ha holloway is held without bail and on suicide watch.

meanwhile former patriot aaron hernandez, boston marathon bomber dzhokhar tsarnaev and aurora t tater shooter james holmes were convicted in highly publicized trials. as they faced justice 2 inmates fled from it in upstate new york. the prison escape led to a weeks long manhunt that ended with one inmate dead and another back behind bars. i'm mary moloney reporting. next -- mike tyson tries to ride his daughter's pink hoverboard.. and talk about a hot seller!! this hoverboard went up in flames.. but it's when it caught fire that has investigators over the last few the son of a polish immigrant who grew up in a brooklyn tenement. he went to public schools, then college, where the work of his life began -- fighting injustice and inequality, speaking truth to power. he moved to vermont, won election and praise as one of america's best mayors. in congress, he stood up for working families and for principle, opposing the iraq war, supporting veterans. funded by over a million contributions, tackling climate change to create clean-energy jobs, fighting for living wages, equal pay, and tuiti

of controlled hunting next week. >>> happening today, lawyers for convicted marathon bomber dzhokhar tsarnaev will argue for a new trial in federal court. his lawyers want a new trial in a different city. tsarnaev was sentenced to death earlier this year for his role in the 2013 attack. the defense will also argue that a supreme court ruling in june puts 15 of tsarnaev's convictions in question. tsarnaev is not expected at court this morning. >>> and a quincy man is accused of following a couple home threatening to kill them. police arrested 21-year-old matthew freeman after they looked at cell phone video of the incident. jackie logan and christopher ham say they were in a restaurant parking lot when they say freeman was smoking nearby and was offended by the comment. the couple followed them home and threatened them with a realistic pellet gun to scare them. my door. get out of the car. get out of the car. swearing. he held the gun to my head and said i will blow your head off. he is not afraid to shoot me. >> the couple was in the parking lot to buy a pellet gun from freeman and backed out

during the marathon attack trial, he told the court he gave the gun to dzhokhar tsarnaev two months before the bombings. prosecutors say the gun was later used to murder m.i.t. police officer sean collier days after the attack. a group of medway parents is calling for a high school sports field to be named in honor of an athlete killed in a car crash. 17-year-old maddie lamson was killed when her car hit a tree in franklin this fall. she was a beloved senior and three-sport athlete. three fathers recently submitted a petition to the school committee to get a field named in her memory. "the globe" reports the their next meeting in january. doug: check your fantasy lineups. tom brady remains questionable for today's game against the titans, but sportscenter 5 is hearing he will likely play. sportscenter 5 is hearing the q.b. is feeling better. an illness forced him to miss practice friday. brady was sent home early, but again all indications to this point are that brady will play today. the patriots will also add a running back to their roster this afternoon. ahead in sports, bill belichick

during the marathon attack trial, he told the court he gave a gun to dzhokhar tsarnaev two months before the bombings. prosecutors say that gun was later used to murder mit police officer sean collier days after the attack. emily: a new york city police detective has been identified as one of the six americans killed in a suicide attack in afghanistan. detective joseph lemm was serving with the u.s. air national guard. the attack happened in a village near bagram airfield yesterday, the largest u.s. military facility in afghanistan. the attacker rammed a motorcycle loaded with explosives into a patrol unit. randy: new this morning, we're learning more details on a fare hike that could be on the way for t riders. is live in boston with the new numbers. todd: we're talking about a potentially significant fare hike. we're talking about the potential for a 10% fare hike coming in the new year. at a meeting yesterday, the t's fiscal control board voted to allow the agency to raise fares by up to that much not just next july but every two years going forward. the t hasn't formally submitted a

boston marathombn boer dzhokhar tsarnaev and james holmes were both found guilty. the supreme court legalized same- sex marriage, kim davis spent five days in jail after refusing to issue licenses because of religious beliefs. two escaped killers in up state new york triggered a massive manhunt. a ship sank off the bahamas during a hurricane. eight people died and more than 200 hurt when a speeding am track train derailed in philadelphia. california's governor declared a state of emergency as the record drought got worse. and boston had the most snow ever, more than 110 inches. pope francis captivated americans on his first trip to the united states visiting washington d.c., new york and philadelphia. the nfl suspended tom brady over deflategate but a judge reversed the penalty. and american pharoah won the triple crown, first horse to do it in 37 years. . >>> and what a 2015 for the washington redskins. first half of the season, they were three and five. cousins had five interceptions. what a second half. now instead of waiting for another losing season to end, th

live in shirley, engine morelli, fox25 news. >> this morning a friend of marathon bomber dzhokhar tsarnaev is free for the first time in 17 months. he walked out of court after being sentenced to time served on drugs and weapons charges. silva is the man to loaned tsarnaev the handguns which was used to kill mid police officer sean collier. he was the witness during the prosecution during tsarnaev's depth penalty trial. after being set free he apologized to colorado engineer's family. >> i would like to give my deepest condolences to the family. were. >> prosecutors recommended a reduced sentence because he testified against tsarnaev. he will remain on probation for three years. >> 6:36 this morning. a local mother accused of kidnapping her own kids is being this as we learn more details about her arrest. police say they found a box of wine and a hose in her rental car. investigators say she rented that car after a ban bone -- she had a troubling conversation with her sister before disappearing with her kids on sunday. >> she did not want to drop off the kids, that she might as well drive

silvia admitted during the trial of dzhokhar tsarnaev that he let the bombers borrow the gun but had no idea what they were planning. silvia apologized to the family of officer shaun collier saying he was, quote, young, dumb, and thought he could outsmart everyone. >> a judge postponed the aaron hernandez double-murder trial in boston. the judge is the waiting on a ruling from the state supreme court on a piece of evidence. the defense believes hernandez's cell phone was illegally seized from their law office. prosecutors are disputing that. the former patriots' tightened is accused of shooting two men after a disagreement at a boston nightclub in 2012. >> police say a man was threatened by a butcher knife near garnet and appleton streets. police say the fire was sitting in an unmarked car when 26-year-old shaun la effective confronted him with a large knife. the firefighter drove off and called police. officers tracked the suspect down a short time later and a worker at a dunkin' donuts threatened with a knife over a thrive threw order. police. fox 25's heather hegedus found out the

meanwhile former patriot aaron hernandez, boston marathon bomber dzhokhar tsarnaev and aurora theater shooter james holmes were convicted in highly publicized trials. as they faced justice 2 inmates fled from it in upstate new york. the prison escape led to a weeks long manhunt that ended with one inmate dead and another back behind bars. on average, it takes three hundred americansworking for a solid year, to make as much money as one top ceo. it's called the wage gap. and the republicans will make itworse by lowering taxes for those at the top and letting corporations write their own rules. hillary clinton will work to close the wage gap. equal pay for women to raise incomes for families, a higher minimum wage, lower taxes for the middle class. she gets the job done for us. wild weather... the snowflakes are starting to fly in central iowa... hear how much snow we're expected to get... and how long its expected to stick around... planning ahead... iowans filled their carts at the grocery store over the weekend. see what items they were stocking up on... ahead of the snowfall... homi

dzhokhar tsarnaev and his mit police officer sean

dzhokhar tsarnaev's lawyers will appear in court today to argue the motion. the same judge who presided over the trial will hear the arguments. in june... tsarnaev was sentenced to death for his role it left three people dead... and 260 people injured. protests continue in chicago after an officer charged in the shooting death of a black teenager bonded out of jail... use your voice and shout it out... it's all about unity. it's all about unity. officer jason van dyke posted his one point five million dollars bail yesterday. dash camera video shows him shooting laquan mcdonald 16 times in october of 20 - 14. the mayor is now calling for the creation of a task force on police accountability. it will review the kinds of oversight police officers get... and how the city trains them. van dyke's next hearing is december 18th. regulators in south dakota have approved a proposal to build the "bakken oil pipeline." the pipe would stretch more than 11 hundred miles through four states... including iowa. the partners" says construction will begin early next year. it sa