hours later when mrs. perry had not been returned to her willmington rehab center, the staff there, called her family. this cell phone video taken as and took the beloved grandmother out. today fresnius clinic relasing a statement saying in part that a staff member mistakenly believed all our patients had left the facility. we deeply regret what occurred adding, our patient's care and safety are our top priorities. mrs. perry's family is furious releasing a statement saying, we wont be satisfied until we have a full explanation of the situation that occurred. also under scrutiny, the apparently when the crew went to pick her up after her treatment, the place was locked. so they left. and tonight the department of public health is confirming dph is conducting a thorough investigation into the situation. mrs. perry's family says they have been contacted by the clinic here and tonight are waiting to hear the outcome of investigations now underway by both the clinic and dph. following the scare saturday mrs. perry i

she bent over and one of her breasts had been exposed at the same time that mr. perryalked in. >> in rebuttal, health inspector said that is not what happened. >> when i opened it she was barely trying to get her jacket on and both of her breasts were hanging out. we write our statement and notes at the time of inspections and we stick to what we saw and we state to the facts. >> she had been massaging this individual. >> the attorney insists that the inspector did not see what he says he saw. a claim that moved some in the gallery to laughter. >> there was a malfunction. she had been massaging this individual and one of her breasts, not the nipple, had been exposed. >> i think it is a big game for them and they are good at it. >> certainly massage parlors are entitled to vigorous defense against accusations of wrongdoing but sometimes the best defense is to remain silent. >> i have been working in that area for a little over a year now. >> a prime example occurs when a and y counsel proceeds cross-examination. >> it is suspicious, activity. >> allegations. yes. >> not

mrs. perry is now in the care of a different medical team. emily: 5 investigates with a bombshell in the case of a man who has spent more than 30 years in prison for a crime he says he did not commit. the judge who presided over fred weichel's original trial tells 5 investigates that he should get a new one. weichel was convicted of first-degree murder in 1981 for the shooting death of robert lamonica in braintree. the conviction was largely based on the testimony of a teenager when he says he saw weichel fleeing the murder scene. retired superior court judge robert barton says judges instruct juries differently now on eyewitness identifications. randy>> do you think fred weichl would be found guilty today? >> i do not think so because of the added instructions, the jury, "be more critical of eyewitness identification." emily: a superior court hearing on whether to give weichel a new trial resumes today. a new move from the prep school involved in a high-profile sex assault case. the request sparking outrage. plus, a little boy celebrates his

mrs. perry's family is furious, and they are saying in a statement we will not be satisfied until we have a full explanation of the situation. both the clinic and the public health department are investigating this. mrs. perry has now been moved to the care of a different medical team. >> five investigates with a bombshell in the case of a man wh a crime he says he did not commit. the judge who presided over the original trial tells 5 investigates that he should get a new one. he was convicted of first degree murder in 1981 for the death of robert lamonica in braintree. the testimony was from a teenager who was drinking, 180 feet away from the dark when he said he saw weichel fleeing the murder scene. retired superior court judge those eyewitness identifications. >> do you think that fred weichel would be found guilty today? >> i don't think so, i really don't. >> why is that? >> because of the added instructions and the consciousness now and the fact that the judge must tell the jury, be more c

mrs. perry is now in the care of a different medical team. a young cancer patient gets a special surprise in boston. randy: the memorable birthday from friends at his home away from home. and going for the gold at the rio olympics. the rough moments for two athletes putting it all on the line. erika: we are following breaking news in boston. a teenager shot several times while sitting in a car. this happened just before midnight on gavin way. that boy is expected to survive. our doug meehan is live at the scene. we'll have updates ahead. cindy? cindy: we are watching some showers popping up this morning. when the more serious storms when i look for solutions, i don't start in washington, and has all the answers.arty you know where i find common-sense ideas? right here in new hampshire... where i'm fighting for the good-paying jobs that strengthen our economy. i worked to make childcare more affordable and make it easier to save for college. and to strengthen social security and medicare. together, we're making new hampshire and america strong

. >> the other point is that i'm in full support of revised clarification that mr. perry submitted to us a few moments ago and that business owners to item 6 with the accessory so other verbiage that is important i'm very appreciative your bringing it up at any time this will change to a few bar that will not be acceptable under any circumstances this particular very well phrased amendment is something we should incorporate into a motion i move to approve with modifications. >> do i hear a second. >> sec yeah. >> we're not quite sure. >> that commissioner crews the stipulation that the access it can only the alley be used for limited assess but not for exiting for the theatre. >> i think if i may i think the commission wanted to put a time limit on that right. >> i'll definitely. >> 8:30 was what was talked about. >> that's correct. >> commissioner antonini. >> yeah. i think aside from the all over the place issues a terrific ideas the whole china life and the 8 tables and speak easy will envision the area and through back to the settlement north of broadway's a number of

in season four of the show were woman ex showed up two weeks after the shag saying should quote mr. perry sordidness in what i missed my bus. nothing ever come of it and after the third show you just want to say look, woman, and much of a screaming infant in your arms and it looks like me we have nothing to talk about. she would have both soon enough. i did go to the doctor she replied. and? i am pregnant. bam. that human life, shit i thought that i could hear god laughing in his having a, making other plans indeed. you want me to stop or keep on with applause seemed which is the other one? -- the bonds. you can choose. there's a homegrown scene with the plumbing army meeting with the mafia boss boz? vote? who says the the bonds? 12. been the home seen? boz takes it. went to the superdelegates say? no, i'm joking. where is the boz seen? okay. so boz is the head of ads in the recently was there because he was zuck's ta at harvard. that's what he was there. i don't believe you saw the movie social network but the race that. at some point that became total pandemonium which i describe in the

mr. gaylord perry. ♪ ♪ award winning interface. award winning design. award winning engine.he most awarded suv of the century. >>> good morning. a live look over the bay. we have temperatures already warming up around the bay area. the filipino festival in san francisco. a beer fest in oakland. we have jazz fest in san jose. i will have your afternoon highs coming up. >>> earlier this hour we introduced you to olga. this is her before look. before make a parses, james vincent put his skills to work. we're talking about beauty trends. there is the after. she looks fabulous. all she needs is a little blush and you are gun? >> a little bit of blush. blush is about placement. go to the highest point of the cheekbone. you can wear this on its own. this is a local san francisco brand. they are launching this weekend at the show. pics, red, anything that looks like flush, go to the apple of the cheek. will give you a natural blush look. you will also use a shimmer. this is a rose gold. put it on the highest point for a more natural look. the trick. it ding blush look easy and effor

. >> let's bring in a former trump faux, rick perry, thank you for joining us as always. >> thank you. >> mr. trump is meeting with law enforcement officers in milwaukee today after protests and a black police officer shot a armed black man. mr. trump has been criticized for not reaching out more. you had a standard warning for the republican party. >> for too long, we have been content to lose the black vote because we found we didn't need it to win. but when we gave up trying to win the support of african-americans we lost our moral legitimacy as the party of lincoln. >> do you think mr. trump needs to he'd your warning, sir? >> i think he is doing a good job standing up for the men and women wearing the blue uniform, the police officers. and speaking of that wisconsin event, it occurs to me there is video that shows the police officer was in the right. reaching out to more communities always makes sense. you look at what barack obama has done economically and otherwise, the african-american community in america is worse off than when he took office. your common sense would tell you if he

but this is what trump supporter, former governor, and i'll say, our friend, rick perry, said yesterday. >> mrhat went out and struck the first blow. and in a campaign, if you're going to go out and think that you can take a shot at somebody and not have him coming back at you, i think shame on you. i think the democrats used him in a way that, quite frankly, i'm not quite sure that i approve of. we love our veterans, we love our gold star families. but the fact of the matter is, mr. khan politically used his time on that stage to go after donald trump. why in the world he thought that he was going to get a free ride with that, is beyond me. he shouldn't get a free ride, when he's going to inject himself in the political arena. >> a question i'd ask any republican is why in the world would you keep bringing this up. and if somebody asked you, we honor our veterans, we certainly honor our fallen veterans, and we honor gold star moms. what's your next question? >> it's surprising from rick perry, too, because previously, he had disavowed the comments that trump had made about john mccain being a

mr. trump, this raises a really interesting question. if -- by the way, you have every reason -- you have every reason to be mad at governor perry, becausef governor perry didn't create a million jobs just in texas alone, obama would have had negative job growth in the first term of his presidency. here's a question, though, these are three men who have governed successfully. are these three people you would want to work for you? >> absolutely. because we really did ask rick perry a little bit of a tough question. rick is saying, i don't like this question. rick perry was a great governor. he did a fantastic job as governor. fantastic. >> we have one more protester. >> so now -- >> i feel like i'm back in new york. >> all right. i don't think -- you all didn't hear rudy giuliani, the mayor said, i feel like i'm back in new york. i feel back at home. we got to take a break. i want to ask you one quick question. donald trump's agenda about refugees, about the wall, the border, his plan to repeal obamacare, his origin nal stickg to the aid, building up our military. do you three as advisers, do you think it would be a good idea if you put i

perry. ? trump draws from a wide ranging mix of songs. he declared victory to queen, shaken hands to pavaroti, and walked out of a plane to "jock jams." ? >> mr. donald j. trump! >> reporter: several artists ranging from neal young to the rolling stones have sent the gop nominee cease and desist letters. ? >> reporter: but oftentimes, trump keeps doing what he wants. despite the cease and desist letter donald trump did play "you can't always get what you want" when he walked off stage she walked off stage to "ain't no mountain high enough." she decided not to play "fight song." we don't know if it's because of the debate, but we'll be keeping an eye on if she plays that song next time she walks off stage. >> a musical flip-flop. scandal on the campaign trail. >> i was just listening, and listening to your piece, and the pavaroti song was used in a graphic murder scene in "godfather" movie. >> i always wonder why he's playing it. >> the problem with this song is that you can't get it out of your head. just to help you with that, can we play the "fight song" to have it as your ear worm on this friday morning. 5:00 p.m. when you're singing it, y

perry is hitting back at khizr khan's criticism of trump. the republican defended his party's nominee yesterday saying khan should have known he'd get a reaction with his speech at the democratic national convention. >> mrthe one that went out and struck the first blow. and in a -- in a campaign, if you're going to go out and think that you can take a shot at somebody, and not have incoming coming back at you, shame on you. i think the democrats used him in a way that quite frankly i'm not sure that i approve of. we love our veterans. we love our gold star families, but the fact of the matter is, mr. khan politically used his time on that stage to go after donald trump. why in the world he thought that he was going to get a free ride with that is beyond me. he shouldn't get a free ride when he's going to inject himself into the political arena. >> and in north carolina yesterday democratic vice presidential candidate tim kaine stepped up his attacks on trump's dustup with the khans and past comments on the military. >> how about the way he took after that virginia family, the khan family, who got up at the convention in a very powerful moment, challenged him for turning his back on some values like free