student, lizzi marriott, had wanted to use her sexual history as part of their appeal. however the supreme court ruling means that marriott's sexual history will remain private. they are using the personal information to open credit cards. first responders are being warned about a new deadlier version. it can be deadly if the powder is inhaled or absorbed through the skin. it has not been found in new hampshire so far. >>> a man who brutally beat a store clerk will spend at least 25 years from prison.he being convicted of attempted murder. chris: we look at district in manchester. rain will arrive late afternoon into the early evening in southern new hampshire where he need it most. it lingers into part if not most of the weekend. areas to the north see the sun and over the weekend, temperatures do remain cool in the 50's and 60's. erin: all right. coming up next, they are going to have the latest crash in new jersey. a life report from hoboken. one person was skilled and more than 100 others injured at a train crash terminal yesterday morning. we'll have the latest on t

the jury found that mazzaglia had murdered unh student lizzie marriott back in 2012. marriott's body was never conviction, arguing that he should have been able to introduce marriott's prior sexual history at trial, something the trial judge ruled irrelevant. the ag's office says while it is not unusual for some information to be kept sealed, while advocates for keeping that information secret cite new hampshire's rape shield law, which protects a victim from having to disclose that information. the defense lawyer for mazzaglia says that rule doesn't apply at this level. >> the rape shield rule is a testimonial privilege. it's about the experience to answer questions. nobody asks any victims questions on appeal. the court has also said that a concern underlying the rape shield rule is that the information would be missused by juries. there's no jury here. >> under that line of reasoning , all sealed records should be unsealed on appeal to give the public full access to the case. that includes juvenile cases . camera review. ray: the defense says without the court rulin

student lizzi marriott. the ruling from the state's highest court that ensures her private sexual history will remain sealed as her killer appeals his conviction. and a serious danger to first responders on the front lines of the drug cries is in new hampshire. the new warning about a synthetic opioid that could make i think my strongest asset, maybe by far, is my temperament. i'd like to punch him in the face, i'll tell you. i would bomb the [bleep] out of 'em. and i wouldn't lose any voters, okay? and you can tell them to go [bleep] themselves. get him out of here! get him out of here! get the hell out of here! priorities usa action is responsible for the content of this advertising. there's a reason cnbc named new hampshire the most business friendly state in the nation: maggie hassan's approach to innovation and business development. controlling spending. was a bi-partisan "compromise" the telegraph said "worked." cutting taxes for small businesses. targeting millions to fight the opioid crisis. all with

lawyers for the family of murder victim lizzi marriott and state prosecutors are asking that information about her sexual history private, just as the lower court did during the trial of seth mazzaglia. he was convicted of kill marriott in 2014 and is serving a life sentence without parole. his lawyers say certain privacy protections should not apply during the appeals process. but prosecutors say this is a unique case and are asking that oral arguments be closed and a transcript with certain >> if we have a criminal justice system that says the minute you're victimized everything about your prior sexual history is open for public interpretation, public smear, all of that, then we will have victims who do not come forward. reporter: advocates say what this court decides could have national implications on crime victims' rights. the court took this case under advisement. i'm andy hershberger, wmur news lawsuit filed by the parents of the st. paul's school student who was sexually assaulted by owen labrie. court paperwork says they are seeking in excess of $75,000 in civil damages, claimin

the state supreme court deciding that lizzi marriott's sexual history w private. attorneys for her killed wanted to use the sexual history as part of the appeal. the attorney general's office all said the state's rape shield law protects victims and the supreme court has agreed. erin: the national guard helped rescue an injured hiker in franion ya. a man from florida suffered serious head and neck injury whens he fell on the falls waters trails yesterday afternoon. police in merrimack say people's identities and open credit cards. thieves are showing up at homes to get mail addressed to someone else. coming up on "daybreak," taking down the pros, how a heckler at the hider cup managed to get praise from the golfers praise from the golfers on the course. during vietnam i served on an aircraft carrier in the gulf of tonkin. after i lost my job, i slept out here with other vets. annie kuster is working hard to get veterans off the streets with affordable housing. and she's helped connect vets with jobs so they can get back on track. that means a lot to me. and i want

jean: unh student lizzi marriott was murdered in 2012 seth mazzaglia was convicted of first degree murder and sentenced to life in prison his attorneys requested information about marriott's past be released for the appeal. her family, the attorney general's office, state leaders designed to protect victims from having to reveal their sexual histories. >> we believe it was the right thing for the new hampshire supreme court to stay in line with the other 49 states and protect this victim's rights >> advocacy groups, not just in nh but all across the country, were waiting to see what decision would come down from the supreme court in new hampshire. jean: legal analyst kirsten wilson says ri victims. >> i think why there was such outcry around the naiton because it would've set back victims' rights and really set a precedent that would terrify victims from coming forward. jean: the attorney general's office told us it has no comment and no reaction yet from seth mazzaglia's attorney. in concord jean mackin wmur news9. tom: tonight, the engineer who was behind the controls of a more than a h

tom: the sexual history of murder victim lizzi marriott will stay private. new tonight, why this supreme court decision was being watched closely across the country. >> we got jolted out of our seats there was a very loud crash and explosion outside. tom: that's how passengers are describing a deadly commuter train crash. now, the train's engineer is facing some serious questions. mike: dry for now, but that will change as we move into the weekend. many say is the number one issue in our state. how he says he'll stop heroin from pouring into new hampshire. shelley: but this veteran didn't let that stop him. what's pushing him to keep moving forward to help others. tom: the state's highest court it means the sexual history of murder victim lizzi marriot will remain sealed during her convicted killer's appeal. good evening. i'm tom griffith. shelley: and i'm shelley walcott. marriott's family is applauding the ruling. and as wmur's jean mackin explains, it has implications for future cases as well. >jean victim's rights : organizations call the ruling here at

student, lizzie marriott, should remain sealed. nearly four years ago she was r a twice during the trial information about her prior sex life was ruled inadmissible. they ruled that it does not apply to appeals. the court decided to keep marriott's information sealed until after today's hearing. >>> the new hampshire democratic party is asking the state's ballot law commission to reconsider its decision that will allow independent candidate, sean o'connor on the ballot, for the first o'connor submitted the 1,500 signatures necessary. 26 of those names had signed nomination paperwork for other candidates. last week the state panel on ballot law rejected the democratic party argument that o'connor should be disqualified for duplication. >> everyone else used the same form that we used. this is just a frivolous process. sean: in the request for the ballot law, a lawyer for the democratic party issued a statement saying he believes quote the ballot law commission misapprehended a key issue relevant to its decision, end quote. it is unc

family of lizzie marriott listened as state and attorneys argued 19-year-old sexual past should remain private while her killer, seth mazzaglia, appeals seth mazzaglia is serving life in prison for murdering lizzie marriott. his attorney says that is key to the appeal and any testimony would go against new hampshire's rape shield law. >> argument is trial was not fair and trial judge made a mistake. >> daniel: it is unclear when the state supreme court will rule on the issue. >>> daniel: salem man convicted of killing boston will be sentenced to life in prison. jury convicted castile in 2012 shooting of stephen murphy. army sniper was killed outside. rell testifies of perez say they are glad the trial is finally over. >> never bring back steven but something that week begin to >> daniel: castile will be sentenced on monday and carries a mandatory life sentence. >> julie: story only see on fox25. one middleborough mother says kids bus stop is too close to the sex offender. steven reynolds spent time in prison for assault on child. she says she complained to the school district last year

. >>> and they are deciding if the sexual past of lizzie marriott should remain private. it got muggy. it feels like july. kevin: we'll be lessening that. by the time we get to the weekend, it is going to feel like the season. visibilities out west and up north down to less than a third of a mile. it is temperatures from the mid 70's to lower 80's today. less humid as the day wears on. less humidity this morning. sean: is there some sadness for the last day of summertime? kevin: it depends on the individual. we hear from both ends. sean: here's a live look at i-93 in windham. kevin: did i mention all time? we're joined live by deb davidson. deb: good morning. it is wrapping up on the everett turnpike. any delays should be moving smoothly here shortly. 293 is moving well from the upper split in hooksett down to the lower split in manchester. 101 smooth sailing. no problems in from the terrific network, i'm deb davidson. sean: an investigation after a man exposed themselves on a bus. students helped them crack the case; right? sean: that's correct. thanks to the quick chug

a victory for the family of lizzie marriott. her private history will be protected as her killer presumes -- resumes an appeal. ruled today marriott's sexual history will not be released during the appeal process. that overturns 80 earlier ruling. victims rights organizations are calling it a groundbreaking ruling. ben: harvey joins us now. that is only a possibility. there are others. let's go and show you the track of the storm. these are the different computer models taking it pretty much west. then somewhere between jamaica and southeastern bahamas, it is after that it gets very problematic. there is a possibility it could track and approach us late next week. there's a chance it will move slowly and only get closer to the carolinas. we will be following closely. many of us broke into some sunshine today. there is rain down near new jersey. there is some indication rain could stop -- start to approach but it may take a while to get up here as the low levels have dried out. donald trump has brought his campaign back to new ha

tom: the sexual history of murder victim lizzi marriott will stay private. new tonight, why this supreme seats there was a very loud crash and explosion outside. tom: that's how passengers are describing a deadly commuter train crash. now, the train's engineer is facing some serious questions. mike: dry for now, but that will change as we move into the weekend. tom: donald trump takes on what many say is the number one issue in our state. how he says he'll stop heroin from pouring into new hampshire. shelley: but this veteran didn't let that stop him. what's pushing him to keep moving forward to help others. tom: the state's highest court is reversing it's earlier decision and is now upholding the state's rape shield law. it means the sexual history of murder victim lizzi marriot will remain sealed during her convicted killer's appeal. good evening. i'm tom griffith. shelley: and i'm shelley walcott. marriott's family is applauding the ruling. and as wmur's jean mackin

will decide if a murder victim's sexual path should remain private n 2012, seth mazzaglia killed lizzie marriott. he is arguing saying that his defense should have been able to show marriott's sexual history. this decision could affect rape ceo of the company that mainings epipen. each shot contains a critical doze of epinepherine. >> what was your salary last year? >> about $18 million. >> about 18 million. downs like you're doing pretty well on this. makes epipen has a patent on the shot-like device, so there is no generic version. they claim they only make'deliver profit on each pen. >> 18 million. >>> investors want volkswagen to pay more than $9 billion in damages for stock losses. last year, vw admitted that it caused the stock to fall 14%. volkswagen agreed to pay $15 billion to compensate the owners. >>> eric said it a while ago, we maybe in the top first days at this point but it's okay to have say goodbye to summer. >> it's not quite as stupid? and the sun angle is different and by the end of the news conference, outside. >> oh, no. >> 83 the high in boston. taunton, up to 84 and the b

the supreme court has ruled to keep the sexual history of lizzi marriott private. the university of new hampshire student was killed in 2012. >> today we learned that the supreme court decided to reverse itself and to maintain all of lizzie's sealed information under seal through the duration of the appeal, which is what we had hoped for and asked for, so reporter: seth mazzaglia was convicted of first degree murder and was sentenced to life in prison. his attorneys asked that information on marriott's past be released as part of his appeal. >> i think everyone recognizes that didn't make a lot of sense, that's why we fought so hard to intervene on behalf of the marriott family in this criminal appeal and to overturn this order. reporter: the attorney general's office along with state leadsers and the victim's family objected to the release of these documents, saying the state's rape shield law protects victims right thing for the new hampshire supreme court to stay in line with the other 49 states and protect this victim's rights. a rule like this ensures that rape

lizzi marriott was killed in conviction. >> nancy: and another night, another record for david ortiz. the sox slugger launching a three-run shot last night against the orioles, his 46th home run is the most by any player in their final season. the sox now winners of six straight. >> sarah: all right. well, yesterday was a beautiful afternoon. definitely felt like a summer day out there. how is the day turning out? chris lambert, what do you have for us? >> chris: going to keep the warmth around, nancy and sarah. still feeling like fall. temperatures in the 60s, although this morning not quite as warm as yesterday morning. low 60s in a lot of the suburbs. a telling sign we have some changes ahead of us through the day. the dew point level now down in the 50s and lower 60s versus the upper 60s of yesterday. the humidity lowering. you'll know the big difference of humanity by this afternoon. however, we still have some low-level moisture in place. because of that, overnight with clear skies and calm winds, we've had some areas of dense issue, but by 8:00, 9:00, it breaks up and lifts. we

. >> the family of lizzi marriott the 19-year-old from massachusetts who was murdered while going to college in new hampshire is feeling the trauma all over again. the case to the state supreme court that information about her sexual history should be made public record in his appeal. he's trying to prove she consented to bondage and died accidentally. >> the argument is that the trial was not fair the trial judge made a mistake in keeping this evidence out. >> the attorney general's office argued to close the court to the public for oral arguments during the appeal. something what has never been done before. >>> police tonight looking for the person responsible a large stain glass window at a boston icon. the rock caused thousands of dollars work of damage. john monahan that the church was in the process of being renovated. we spoke to the priest who oversees the cathedral. right now police believe it was a homeless man and they're not sure why he targeted the cathedral. let's take a look at that window. it's one on the side of the so it's a smaller stained glass window it's one of

lizzi marriott was a sophomore at the university of new hampshire when she was killed. worker in court today. the crash happened back in june on route 93 in medford. police say the worker was picking up traffic cones when a car hit and killed him. state police believe the driver was drunk. 21-year-old james faced a judge in somerville accused of drunk driving and his mother has said in the past she believes he fell asleep at the wheel. he was previously held on bail but walked freely out of the courthouse today. the highway worker 52-year-old thomas odai was a husband and father of justice for his death. >>> an morning error in barnstable after a transit line called for help. barnstable police got a call in 911 about a minor accident. when the caller tried to explain what happened there was some minor confusion. she was called a town called barnstapol in england. >> where did this happen? [ inaudible ] >> between where? i'm not -- i'm not -- >> yes, muddyford. yes, between barnstable and -- >> you called the barnstable police department. >> yes. >> in massachusetts. >>

lawyers for the family of murder victim lizzi marriott and state prosecutors are asking the state supreme court to keep information about her sexual past private during the appeals process. just as it was during the trial of seth mazzaglia who is serving a life sentence for marriott's death. >> she's not gone, she was murdered. whether the victim was murdered or not makes no difference to victims' rights and the privacy and respect that should be to the victims. reporter: marriott, a 19-year-old university of new hampshire student, was killed in 2012 and her body was never found. mazzaglia was convicted in 2014. prosecutors are asking the supreme court for several things, including close for arguments before the highest court. cost in terms of accountability, as justice lynn referred to that the public will never know whether this court's ruling was right or not. reporter: but lawyers for the marriott family say releasing personal, private information victimizes them all over again. and sends a bad message to others who may hesitate to come forward. >> is our court system going to be open

lizzi marriott's sexual history may be unsealed during of the azalea who was convicted of the crime in 2012. the court put the ruling to unseal the records on hold after a public outcry. >>> turning now to the forecast and summer is definitely going out with a bang. kevin... >> fall kicks off later in the week. almost as if we flipped the switch. >> yeah, it start slowly at first, only on thursday, 10: you'll see that in the seven-day forecast in just a few minutes. >>> getting a little worths down here on the coast in plymouth. not every place is the airport reporting stations that give us the visibility. you can bet there will be spots where you see the light gray shading in here that are getting a little denser. >> a rhode island man will plead guilty to killing a blogger. he pleaded not guilty to conspiracy charges, a change of leave hearing is set for thursday. prosecutors say he came up with a plan with two other local men to kill pamela gellar, the plot wasn't carried out. gellar angered muslims when she organized a prophet muhammad cartoon contest last year. >>> new at 11:00, t

at issue, whether details about the sexual history of murder victim lizzie marriott should have been admitted during trial of her killer. >> i'm not saying this information should come out if the appeal had nothing to do with it. it's because the decision is all about this. >> marriott, a westborough native and unh student disappeared four years ago. her girlfriend testified at the trial that the murder happened after marriott was hampshire, for rough, three way sex. marriott's prior sexual experience was deemed inadmissible for the trial, but the attorney argues the rape shield statute does not apply at the appellate level. >> no one asks any victims any questions on appeal. the court has also said this a concern underlying the rape shield rule is that the information would be misused by juries. there is no jury here. >> marriott's body has never been recovered. daughter's memory and reputation clean. >> the marriotts aren't here arguing this stuff should remain sealed forever. >> the supreme court will issue a ruling at a later date. the a.g.'s office and the marriott family are al

tom: tomorrow, the state supreme court will hear arguments on whether the sexual history of lizzi marriott should remain sealed. nearly four years ago, marriott was raped and killed by seth mazzaglia. twice during his trial, her prior sex life was ruled inadmissible. mazzaglia is now appealing his conviction, and over the summer, the high court ruled that the sealed until after tomorrow's arguments. shelley: the u.s. attorney general in kentucky today, bringing attention to the nation's heroin and opioid abuse epidemic. loretta lynch focused on the impact of drug problems in schools, saying the department of justice is now tracking prescription pill addictions in youth as young as 12. local educators say with new hampshire on the leading edge of this problem, they are already at work oev to destigmatize addiction. >> when your child has a drug addiction, the curtains close, and nobody wants to talk about it. kids aren't allowed to come over and play and hang out, and we're just trying to just say listen this is an illness. this isn't a character flaw. shelley: attorney general lynch had on

on behalf of convicted killer seth m+ azzalia argued that lizzie marriott's sexual history would prove that he did not want to kill her. >>> tonight 1 people are expected to come together to her a new hampshire man that police shot and killed sunday. police are investigating cody lafont's death. a call brought police to his home but unclear what happened next but police shot lafo e t three times in the chest. >>> this morning, the lawyer for the wal-mart employee accuse the of setting several fires in the store this week says she is mentally ill. the worcester telegram reports the attorney claims that mia cruz was hearing voices at the time of the fire set in different locations in the sturbridge. evaluation. cruz is expected back in court next tuesday. >>> a everett convenience store is flying a new american flag after one set their own on fire two weeks ago. paul and mary of ipswich saw what happened on the news and reached out to the store and replaced the flag. earlier this month we showed you sh surveillance view when the man climbed up on a trash bar yell and set the flag on fire

family of lizzie marriott listened as attorneys and state argued 19-year-old sexual past should remain private while her killer, seth mazzaglia, appeals the conviction. seth mazzaglia is serving life in prison for raping and murdering marriott. his defense claims the victim sexual past is key to his appeal. the state is arguing that any testimony of her sexual history would go against new hampshire's rape shield law. judge made mistake in keeping this evidence out. >> there are no more arguments scheduled in the case and it is unclear when the state supreme court will rule on the issue. >> gene: one middleborough mother says the bus stop too close to the home of level three sex offender. alison roberts says the stop is next to home of steven reynolds that spent time in prison in early '90s on assault of a child. she says she complained to the doesn't feel the actions were enough. reynolds says he doesn't understand the problem. he says he is at work when the bus comes. >> seems like very easy fix. one bus stop, one cul-de-sac, two children. >> overreacting because they cannot get past

>> julie: man convicted of murder in new hampshire won't be able to reveal the sexual argued lizzie marriott sexual history proved he didn't intend to kill her but past was protected because she was victim of set. >> daniel: dog in foxborough recovered after getting trapped in mud kit. nearly dried up pond near liberty square road yesterday. people heard the dog making noises and called for help. firefighters say it looked like the dog had been there for awhile and only head and front legs were visible. it was taken to a checked over. >> daniel: look at unusual standoff at local bank. turkey keeping customers captive inside the century bank in broadway in somerville. see customers carefully squeezing around to get inside and employee had to monitor the door letting people in in and o. >> julie: we track traffic and weather together every ten minutes. 93 south right now if heading out the door things pretty >> tell you how much rain. inch or even more rain focus of the heaviest stuff over southeastern mass this started and all the way through the weekend. time out the heaviest showers coming

lizzi marriott was killed in 2012. the controversial order comes as this court order is in direct opposition of the rape shield law to protect a victim's privacy. >> nancy: turning now to the terror takedown in new york and new jersey, the man accused of setting off bombs in both states is now facing federal terrorism charges. federal prosecutors say ahmad khan rahami bought bomb-making equipment online. investigators say he also wrote about planning the attacks in a journal, and one of those entries said he hoped the sounds of the bombs would b rahami is already facing murder charges for injuring two new jersey police officers during a shoot-out on monday. >>> that's officer peter hammer receiving thunderous applause as he was received in the hospital tuesday morning. he was shot in the head while trying to arrest rahami. hammer says he's lucky to be alive. >> i got shot in the head. i'm glad to be alive. i'm glad to be home. everybody's concern was overwhelming to me. >> nancy: right now federal investigators are loo

wmur news 9 -- will hear arguments today on whether the sexual history of murdered unh student lizzi marriott should remain sealed. nearly four years ago, marriott was raped and killed by seth mazzaglia. twice during his trial, information about her prior sex life was ruled inadmissible. mazzaglia is now appealing his conviction, and in june, the high court ruled that the rape shield law does not apply to appeals. the court decided to keep marriot's information sealed until after today's hearing. don't be alarmed if you see a lot of emergency vehicles at the airport in manchester this morning. it is including hospitals, are taking part. the drill will also include about 80 volunteers. the emergency drill is scheduled to start about 9:00 and last about three hours. officials say there will be no impact on normal operations at the airport. it looks like nice weather out there. kevin: some fog developed again in western and northern areas, with disabilities down to almost where do points yesterday were in the 60's, quite humid, we fall back into the 50's. more comfortable the next couple of days

lizzy marriott was raped and killed four years ago and now prior tex life as grounds for his appeal. attempts to raise details about marriott were ruled inadmissible during the trial. this summer the court ruled the rape shield law does not apply to appeals. senator warren rips into the ceo of wells fargo. her sharp response to his apology for unfair practices. and help paying off the student loans. three ways to make the process easier. and a woman calls police to report a a valid reason why they were not able to help her. erika. erika: breaking overnight, 12 police officers are hurt after overnight demonstrations in north carolina. protesters blocking a highway in charlotte after police shot and killed a 43-year-old man yesterday. cindy. cindy: it is still sticky outside this morning, but that is going to change the time line on when it arrives and plus our next chance for rain ahead. but check out boston. looking lovely as we approach look at these temperatures as you are heading out the door. 68 degrees with fog as you are ? ? grocery shoppers of america! even your o organics chi

he was convicted two years ago 19-year-old lizzy marriott from westborough. his attorney says they need mayor combrot's sexual history to be public history. live in concord at state supreme court, where both sides made their case, robert. >> reporter: elizabeth, yeah, both sides had 15 minutes each to make their arguments to the state supreme court. the family of the murdered woman says they want certain information about sexual background to remain private. but the attorney for the killers says that information is pretty >> they're traumaticmized, this progression is traumamizing them. >> reporter: they're reliving the murder of their daughter elizabeth all over again. lizzy a 19-year-old was killed when she was hanging out with his girlfriend who she met while working at a new hampshire target in 2012 when she was going to unh. prosecutors say ma sail i can't used his girlfriend to join them in sexual encounters but when she resisted, he an appeal to the state supreme court, he's trying to prove she consented to bondage and died accidentally. if details abo

lizzie marriott sexual his remains sealed who was kiktd convicted of killing her in a 2012 he appealing the verdict which tigered new supreme court allowing rotors to be unsealed. court put ruling after a public outcry. south bridge police will boost security in their own parking lot the chief says his officers don't feel safe parking there cruisers in open. council unanimously approved his request to use the money to put up a fence instead as we've reported, police have had several issues in their parking lot in the past including a man who torch ad cruiser just last year. police in yarmouth say this man admitted to setting a vacant home on fire in warned them when he was about to do it again he ration arrested on sunday he told police asset home on constance aefr on fire earlier this month. according to police he called something else on fire unless they arrested him hathaway faces several felony charges tonight. >> when it comes to saying lot without saying anything bill belichick is master. ton of interest and intrigue patriots quarterback situation these days. and with next game ju

the defense attorneys on behalf of convicted killer seth mazzalia argued that lizzi marriott's sexual history would prove that mazzalia didn't intend to kill her but said her past was protected because he was a victim of sexual assault. >>> the lawyer for the wal-mart employee accused of setting several fires in the store says she is mentally ill. the attorney claims that cruz was hearing voices the time of the fire set in different locations inside the sturbridge store. urging the state to commit cruz so she can undergo a mental health evaluation. cruz expected back in court next tuesday. >>> a disturbing find for a mail carrier in lowell. he opened a mail collection box to find several needles and syringes inside. the postal service says half empty beer cans and debris were found inside of a mailbox company disposed of. >> we are finding needles everywhere, neighborhoods, no safe place any more. >> sara: the mailbox is getting relocated because the area is known for heavy drug use. >>> the big changes for bus service to get people in their seats faster. >>> a kidnapping caught on su

the family of lizzi marriott listened as their attorneys in the state argued for the 19-year-old's sexual pass should remain private while appeals the conviction. serving life in prison for raping and murdering marriott. he says the victim's sexual past is key to his appeal. but they say giving her sexual history goes against the new hampshire rape shield law. >> the trial was not fair and the judge made a mistake in keeping this evidence out. >> sara: there are no more hearing scheduled in the case and unclear this issue. >>> 5:35 now to a story you will see only on fox25. one middleborough mother said her kids' bus stop is too close to a level 3 sex offender. the stop is next to the home of steven reynolds to served time in prison in the early '90s for assault on child. reynolds doesn't understand the problem. he says he at work when the bus comes. >> seems like a very easy fix. one kell desack and two children. >> they are overreacting because they -- registered sex offender. >> roberts says the girls currently get off the bus across the street from reynolds house. she wants them to ge

details of lizzie marriott's private life remains sealed. he was convicted of killing her in 2012 and dumping her body in the ocean. mazella is appealing the verdict. under a new law in new hampshire a victim's sexual history may an appeal even though it is not allowed during a trial. the marriott family and attorney's office are appealing that new rule. >>> there will be soon independent investigations of gloucester police department. chief leonard campanello was placed on administrative leave. so far no one has said why he is under investigation, but according to the city's mayor, one investigation will focus on the chief's professional conduct. the second will focus on the detective who also on leave. the third will be a review of the entire department. the chief has received national recognition of starting a program to help drug addicts receive treatment. >>> 22 alleged criminals have their cases dismissed because of misconduct in the evidence room of the braintree police department. the patriots ledger says 11 cases were dismissed. ear

favor of the marriott family, keeping the seal on a sexual history of rape and murder victim lizzie marriott. the defense attorneys for seth nazzalia wanted her sexual history unsealed so they can move forward with it unsealed, supporters of the bill say it's a victory for all victims of sexual assault. >> fresh off both deit whats both are looking to drum up support in new hampshire. right now donald trump just wrapped up a rally in bedford, trump is reportedly blasting his aids for admitting to reporters he struggled in the debate and as they urge him to change his tactics before the next go. >> around. political reporter sharman sachhetti is at trump's event in bedford and putting together that report for you and we will bring it to you in the next hour. >> trump's visit comes one day after hillary clinton left new hampshire with a big promise on the table. the democratic nominee held a rally at the university of new hampshire wednesday with one-time rival bernie sanders at her side. she future of education. clinton's day did not end in new hampshire, we spotted her mote tore cade leaving

details of lizzie marriott private life remain sealed during the trial of seth mazzaglia. he was convicted of killing her in 2012 and then dumping her body in the ocean. seth mazzaglia is appealing the verdict. under new rule in new hampshire admitted even though not allowed during the trial. the marriott family are appealing the new rule. >>> gene: police in connecticut looking to what caused death of man that police shot at foxwood's resort. police say they confronted the victim in the parking garage before noon yesterday and started shooting when he pulled out a weapon. man fell four stories from the garage. investigators say they don't know if the man died from the gunshots or the fall. no other injuries were reported in >> sara: two new hampshire mothers accused of shopping drunk with babies. police officer working detail at mall on rockingham park on monday when found bailey and amber in the parking lot. he says one of the women was lying on the ground in a puddle holding her baby over here head. both were charged with childen dangerment and the babies are grandparen

lizzi marriott's sexual history will remain private. she was the woman killed in 2012. the man and sentenced to life in prison wanted to use the history as part of his appeal. the national guard helped rescue an injured hiker, yesterday. a man from florida suffered serious hand and the injuries when he fell on the falling waters trail, yesterday afternoon. the national guard used a helicopter to lift him from the we will have more weather for you in just a bit. kelly: you know me. not from thousands of false, negative ads- but as your first female attorney general- appointed by republican and democratic governors. as your senator, i'm fighting for strengthen and preserve medicare, and i reached across the aisle to protect access to mammograms. i approve this message because after all the false, negative ads, i'm still the kelly ayotte you know- chris: if you are enjoying any sunshine, this morning, take a snapshot because clouds are moving in from the south. 50's with some drizzle and sprinkles around southern and central new hampshire. we will be in the low-to-mid 60's

. >> sarah: new details on the lizzi marriott case. a new hampshire supreme court ruled her sexual history should remain private after unh student was raped and murdered. the state supreme court ruled in june the information should have been made public during the appeals process. sentence in prison for the crime. >>> the town of framingham has reached a settlement with a man accidentally killed by police. the family will receive $3.75 million from the town as a result of a wrongful death lawsuit. the grandfather of 12 was accidentally shot while complying with police orders during a swat team raid on his home in 2011. >> christa: new this morning, high anxiety when a ride at the big e malfunctions. this was in west springfield. it's called its highest point. the ride is about 20 feet above the ground. firefighters were called if to help get nearly two dozen people back on the ground. >> we're all joking around like, oh, what if it broke down and it actually did. we undid the seat belt thing that protects you on the ride. >> christa: e