here's 7 jennifer eagan outside jen? >> 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

we want to do it. >> jennifer eagan. perfect tree. tomorrow is a good day to look for that maybe into the 60s for some. the forecast is next. >>> the patriots get set to face the eagles a team of 4-7 but not to be overlooked. gillette stadium. building a better bank starts with looking at something old, like this... and saying, "really?" so capital one built something new - caf\s. where you can unwind with free without all the mumbo jumbo. free checking accounts. no minimums, fees or gimmicks. and a top-rated banking app that lets you handle your financial needs... right here. that's banking reimagined. what's in your wallet? >>> a nice day out there, december, it is hard to believe it is december. think back to last year around this time, it was pretty mild. >> then you know what happened the next month, i know, you have to enjoy it while it lasts. >> the worst winter ever. >> you will make me think about that. record breaking snow fall. that's just so abnormal the likelihood of that happening two years in a row crazy. 44 degrees in

i'm jennifer eagan. >> kris: i'm kris anderson. go pats! realtime closed captioning who coined the term "side bread?" because there's nothing "side" about this bread. it may look like the moon. but it's the star of the show. unleash the power of dough. give it a pop. chalkboard. but listen to this: (family talking) that's a different kind of sound. the sound of the weekend. unleash the power of dough.

jennifer eagan at the scene of the fire now with the latest. jen? >> firefighters say as many as 19 people lived at this home bind us here when the first crew got here they had to decide whether to start pouring water on to home or make rescues they decided to go inside and make rescues. people were escaping from the building on their own. firefighter were able to get to two women trapped on the second floor. they were rushed to the hospital. one woman in her 60s scuffering from burns and smoke inhalation and another 18-year-old woman was taken to hospital. both are in stable condition according to firefighters. three apartments here in the flame tore through the home when the fire broke out after midnight. in fact, the damage was so severe that the top frame of the home collapsed around 5:00 this morning. >>> it was separate apartments. >> no firefighters were hurt in that incident. it's still very early to tell what caused fire. investigator say they will looking into the ownership of the home here. they also look whether or not the fire alarms we

jennifer eagan, 7news "today in new england." newest national poll has donald trump with commanding lead. "the u.s.a. today" poll showed 27% support trump among likely republican primary and cox goers. senator ted cruz comes in second at 17% followed by senator marco rubio with 16%. retired neurosurgeon ben carson claimed a fourth spot with 10%. the rest of the g.o.p. candidates remain in the single digits. announced his controversial proposal to bar muslims from entering the united states. >>> the patriots getting ready to take on the houston texan. tom brady said he's good to go. >> good. fresh as lettuce. pat's qb took his fair share of hits. he was sacked four times on sunday loss to eagles. he said losing is far more painful than that. >> nobody likes to lose games. i this all of our quality life sucks when you lose games. that's just the way it is. it should be important. it should hurt when you lose. because we put a lot into it. >>> and here's a list of the player who were limited. danny amandola. high tower dealing with

jennifer eagan live in south boston with more on this top story. jen? >> sarah a lawyer for that conductor said his client is under enormous stress and doctor told him not to go to hearing. we hear from the man who tried to stop the red line train. >>> he said i got an emergency over here. i went over. what do you have. when he told me what he had. its a whole other ball game. mark mcneill telling just one station how he and fellow t-worker came up plan to stop a train with 50 passengers onboard but not conductor. the train up ahead not to stop. and starting cutting power to section of third rail hoping to depower the run away train. >>> we were killing section under need the train. the momentum kept carrying. this was what i was afraid. they watched the powerless driverless train cruise through north quincy station. >>> we asked them. is that train still moving. we thought we may have been able to stop it. he said it's still moving. and we were like. oh, and then lee said you want to kill b-15. i said kill it all. the train soon came to stop. a lawyer

jennifer eagan, 7 news. >> sarah: join us tomorrow morning. we will have complete storm-force coverage. j.r. and bri will be tracking the storm as it moves. in the field bringing you the we get started tomorrow morning at 5:00 a.m. police in malden searching for the driver behind a deadly hit-and-run. >> reporter: malden police say they have found a vehicle after a hit-and-run out here on this street. here in the 500 block of pleasant street in malden, police say a woman was hit by a car sunday night with the driver taking off. according to the middlesex district attorney's office, the 71-year-old woman was killed. >> i saw the policewoman. i said, what's going on?" she said, "you know, an accident. i was wondering why all the police for just an accident. >> police are going door to door asking if anyone has seen anything. >> they found the vehicle monday morning but did not mention if an arrest has been made. by what happened but not surprised. they say this is the heavy traffic area where people are known to speed. especially after a speed b

that's what we want people to rediscover at christmas time. >> reporter: jennifer eagan 7news today in new england. >>> still ahead, we are taking you to the football field where pats are preparing for a showdown tomorrow with the jets. why new york's defense could be a big problem for tv 12 and pats. >>> in the buzz steve harvey poking fun at himself on-line. the comedian catch holiday-cookie cheer on the tip of your tongue with dunkin' donuts' holiday- cookie-flavored coffees. after 12:00 p.m., enjoy any medium latte or macchiato for $1.99. come on, wake up!!! come on,why ya sleepin'? come on! what time is it? it's go time. come on. let's go, let's go, let's go. woooo hoooo!! yeah!! i feel like i went to bed yeah!! get a great offer on the car of your grown-up dreams at the mercedes-benz it's the look on their faces that make it all worthwhile. hurry, these offers end january 4th. thank you santa!!! every sip. the taste uniquely dunkin'. each cup uniquely you. brewed fresh because it's not just any coffee. it's your coffee, your dunkin'. america runs on dunkin'. >>> and now time for

let's go to jennifer eagan live >> good morning. this chipotle has been closed since december 7th. more than two weeks now. it closed after more than 140 people become sick after eating here. turned out that a staff member came to work with the noro virus spreading the virus to dozens of other. chipotle's 25-person staff has been tested for the virus. those who are clear will be allowed back. the thattinger who let the employee work while sick has been let go. the restaurant was disinfected. once the city gets their paperwork there's a final inspection and this chipotle would reopen. the virus outbreak was one of many issue for chipotle nationwide. they dealt with another noro who become ill after e-coli outbreak. they will keep an eye on this location with many follow up inspections. jennifer eagan, 7news "today in new england." >>> new this morning a woman facing drunk driving and other charges after leading police on a chase allegedly through several south shore communities. the start of last night after police claim the 43-year-old threw a bottle at a man in the parking lot and

jennifer eagan has more. >> reporter: this jury has sat through weeks of graphic testimony and evidence, soon they'll weigh whether or not phillip chism was instate when >> reporter: . >> he was totally and absolutely responding to the terrible command hallucinations that were in his head. >> this was not a calculating hiding of a crime. this was the act of someone with very disorganized thought. >> reporter: it was october 2013, chism was 14 years old. after the murder, he spent more than an hour changing clothes, hiding evidence and bringing the body to the woods in a recycling bin. >> he didn't have a good plan for getting away with this. he's 14 years old. >> the prosecution played video from the dozens of cameras that captured chisms movements. at one point, talking with a friend outside the school. >> he knew right from wrong. he did it repeatedly over the course of that afternoon. >> reporter: chism's attorneys throws of a psychotic episode, but prosecutors said chism was faking mental illness and ended their closing arguments with a picture of colleen ritzier. >> the only person

let's go to jennifer eagan on the scene there. very foggy scene, there, jen? morning. police have cleared the scene. this route 62 also known as elm street. a police say there was 39-year-old women inside the car. the only person inside the car that crashed into the home here. she didn't survive her injury. this happened just after 6:00 this morning. police only saying they've had accidents along the this stretch of road before. they are not saying if the dense fog this morning was a factor. there's a bend in the road too. police are investigating. the chief told us about what happened earlier this morning. appears the vehicle left the eastbound lane and travelled to westbound lane. crossed over the double solid line struck a curb then that reared into a home. there was family inside. they were not hurt at the time everybody got out safely and they've been moved to safe location. >>> town inspectors were here earlier talking a lack at the home. there's quite a bit of cleanup here. there were three people home at the time when the crash happened as you heard the chief s

jennifer eagan is live with the latest on the investigation. jen? >> reporter: and nick, there is still clean-up to do here. right now, police are looking into what caused this driver to cross the yellow line, hit a curb, and then the home. fog made for low visibility this morning. heavy fog hung over route 62 in north reading. the scene of a deadly accident around 6:00 this morning. >> we heard a loud bang. i knew someone had hit the house. just because of the sound and the feeling. >> reporter: tracy griswold was home m.s. when the driver, a 39-year-old woman from wilmington, slammed into her living room. >> when she hit the wall, the wall fell. in the wall was in on the living room furniture. she rushed outside. >> i came out and saw the vehicle. the engine was still revving. i just called 911. >> reporter: the impact of the crash threw the driver into the passenger seat. out. certainly, forecast weather is always a factor. but we haven't determined the exact cause of the accident. >> it is upsetting to know someone passed away. it is a little di

jennifer eagan explains. reporter: one local restaurant serving up a safe ride home to too much to drink. >> just find one of the staff and we will call a cab or uber. reporter: and they'll pick up the cost, too. alba in quincy, all december the unioner or taxi is on them. >> we want to make sure the customers can enjoy, have a good time with friend and family and we want to bring them home safe. records drunk driving is a serious problem in norfolk county, one person a week dies in a car accident and the district attorney says 60 to 70% involve someone who is under the influence of alcohol or drugs. >> i think people should enjoy themselves and business should flush ir, but we want people to get home safe. >> the district attorney's office encourages other bars and restaurants to take part in the program. >> we're trying to encourage some of the other establishments to take a cup that we had printed up that says designated driver and give you a free coke or water or soft drink. extra step to get customers ho

jennifer eagan is live with the story. >> reporter: the deputy fire chief heard about this teenager. he figured he would do the best he could on short firefighters would help out. they certainly did. (sirens gentlemen,. >> reporter: in between calls on christmas eve, firefighters at chelsea's central fire station had another important task to complete. >> no one should wake up christmas morning and not have anything to open up. >> reporter: they collect toysive christmas for children in need but they got a call from the department of children and families, a first for the fir station. >> young man wasn't going to have, there was, he would have no gifts this christmas. >> reporter: the gifts are for a 16-year-old boy from chelsea. hi is in the -- he is in the care of d.c.f.. >> i give the d.c.f.credit. i'm sure they have present of the cases and they cared enough to reach out on tuesday. getting close to christmas. >> reporter: it sure did work out for this young man. in a day the firefighters bought and wrapped a car full of presents for the boy. sizes and they say he needed else. co

jennifer eagan, 7news "today in new england." >>> breaking news now from overseas. six foreign soldier have been killed in suicide back in being ram in afghanistan. afghan officials say the suicide bomber on a motorcycle when he rammed his bike into a joint u.s. afghan patrol. now on twitter a taliban spokesperson claimed responsibility that has not yet been confirmed. bagram meantime the biggest u.s. military base in afghanistan. >>> also breaking news at a law las vegas. crowd killing one person. kris andersons is following this and he has more from the control room. absolutely terrifying moment. one person killed. 36 other injured. a woman in her 20s intentionally drove her car on to the crowded sidewalk right on the las vegas strip plowing into dozens of people just walking down the sidewalk there. they say she had 3-year-old child in the car with her. the child was not hurt. the one left the scene driving to hotel a few blocks away. they found the car with smashed windshield and they arrested her. the woman ignored people pounding on the windows and yelling at

jennifer eagan has more from the courthouse in south boston. >> reporter: zahn's lawyers back in court. they want the death sentence thrown out. they say the convictions led jurors to decide he deserved capital punishment for his crimes. the judge george o'toole under the new interpretation of a crime of violence, the placing of an object like one of the marathon bombs is not argue that kind of reasoning couldn't possibly be what was intended. tsarnaev was not in court. he is imprisoned at the super max penitentiary in colorado. his lawyers pressed the judge to continue to protect tsarnaev's attorney-client privileges. they say prosecutors have tried to get logs detailing who has visited the convicted killer behind bars. the prosecution is trying to seek information about a visit between tsarnaev and his sister. the defense says that visit and all future visiting should be protected. prosecuteors are also asking the judge that tsarnaev be ordered to pay $80 million in restitution. they acknowledge he doesn't have any money but if he should come into any, they say it should be forfeited

jennifer eagan was there and she joins us now with more on this special event. hey, jen. >> reporter: sar remarks good afternoon. this is a tradition that started more than 20 years ago by mayor menino. it continues this year with presents for 500 children. inside the st. peter's teen center in dorchester, gifts for hundreds of kids this christmas. >> i have nine grandchildren. you know, i'm a heart patient. i can't work. so it does make it a lot easier. . >> what did you ask santa claus for this year? i asked if i could see him. >> reporter: that may be a tall order. there were plenty of other treats handed out with the help of catholic charities and the late mayor's son and daughter car rid on the tradition of giving this holiday that their father began. >> loved it up here. he thought this was one of the best places in the city. he loved it. you know what? look at what we did. we made kids smile. >> if it's not a white christmas, it is a bright kri mass anyway. >> reporter: there were bright smiles on many faces today. hopefully, tomorrow, too. >> it is going

jennifer eagan has the story. in between calls on christmas eve firefighter in chelsea central fire station had an important task to complete. >> no one should wake up christmas morning and not have anything to open. they collect toy for children in need. but this year they got a call from the department of children and families of first for this fire station. >>> i saw a young man that wasn't going to have he would have no gifts this christmas. they are for 16-year-old boy he's in the care of dcf. >>> i give the dcf credit. i'm sure you know they have plenty of the cases. they cared enough to reach out tuesday getting close to christmas and it worked out for this young man. >> it sure did. in a day the firefighters bought and wrapped a car full of presents for the boy. >> they gave us idea and sizes and said he needed clothes. >> it's good for the community. especially for the firefighter. they didn't mean the teen. they don't know who he is. they hope they make his christmas very special. >>> he couldn't thank u

jennifer eagan live with the latest on first night preparations. hey, jen. >> reporter: sarah, good afternoon. what a beautiful day we have here. blue skies and the sun is out. things are kicking off right now in copley square here. you see the stage is behind us. they will have music all day today. quite a bit of work goes into all of this. we got a look at some ice sculptures. in copley square, they are chipping away at all of the preparations for boston's first night celebration. we went from freezing rain to a little bit of snow. to rain. and now we are battling the sun. >> reporter: weather-permitting, this block of ice will be transformed. the sculptors gave us a peek at the plan. >> we have father time here. 2016 baby new year. >> they make it look easy. we don't realize the effort that goes into this. >> this is our times square, so to speak. >> reporter: this year's festive disare concentrated here in copley square. scaled down from years past but just as fun. >> at 7:00, we have fireworks on the common. at midnight, of course, we have the

jennifer eagan live at the courthouse in wareham with more. >> reporter: sarah, the kids are home safe. we learned in court today about why the police and the children's father were so concerned here. 47-year-old valerie mcgrath was arraigned on two counts of kidnapping by a relative and two counts of reckless her ex-boyfriend allowed her to see her son and daughter on sunday. she didn't bring them back at the agreed-upon time, though. she turned off her cell phone and rented a car. her sister told police that mcgrath had made statements that she would drive into traffic if she had the kids and set off an amber alert. the kids were reunited with their father in raynham. they were not hurt. >> i still have knots in my stomach. finally, they are starting to subside a little bit. it is a horrible feeling. >> reporter: now, mcgrath's attorney says she is a desperate mom who cannot stand being away from her children. the judge ordered her held on $50,000 cash bail. we are live in wareham, 7 news. draes man who gave gun to the marathon bombers was in court stephen silva pleaded guilty to gun

jennifer eagan live in district court with the latest. jen, good morning. >> good morning. this mother is being charged with kidnapping by a relative. she will face that and other charges here at court later today. fathers apart from children more than 24 hours. finally he got the news he had been waiting for. >>> after more than 24 hours missing, 5-year-old steven and 7-year-old eden are back home. >>> i'm glad they are home safe. it seemed like it lasted a week long. >> sunday was steven's birthday. i had my cake right where i wanted it. his father who has custody decided to let their mother spend time with the two kids. police say she took the children at 1:30 in the afternoon sunday promised to return them but instead turned off her cell phone. she's arrested monday evening 26 hours later. >>> they found them. they are safe. i'm going to pick them up now. >>> steve found out his kirds were safe and reunited with them after a state trooper spotted them at a mcdonalds. >>> they were smiling and well. like i said they seemed like they were just away for the day. they are b

i had a fellowship at the new york public library, and i really felt out of place because jennifer eagannd nathan englander, fantastic literary biographers, a lot of other people were there. and, you know, i started to read their stuff because i knew i them. and, of course, like, they write wonderful, wonderful bookings. so, and then sometimes i think i want to read fiction that relates to themes or things that i'm trying to do like my current interest in reading about the iraq war, i want to know more about that experience, and i'm trying to understand more about kind of almost retrospectively what it is that i'm trying to write about. and sometimes, you know, i did the same thing when i was working on this book about custer where i wanted to think about, you know, fiction, about, you know, people -- so i went back and i read a lot of tolstoy's shorter stuff based on his experiences as a soldier. some of which is amazingly applicable. and isaac bauble's work, cavalry stories, etc. just fantastic stuff that is universal. and gave me, i think i understood cus kerr far -- custer far better