2004. in march, the archdiocese sued to evict them. and a boston man is formally sentenced to life in prison without the possibility of parole for the killing of a 67-year-old grandmother. the victim' s family, giving emotional impact statements. our jim lokay is live at suffolk superior court. jim: prosecutors opted to go with quality over quantity, only three impact statement, one from her son, one from her granddaughter, and one from her sister. as you can imagine, it was very emotional. for the family of rubber coin, there will always be anger toward the man who killed her inside her home, looking for a quick fix. >> took away our security and our innocence. >> her blood is running in my veins, not stored in a cold dark room. jim: >> a day for justice. >> -- jim: a day for justice. >> she had enough sense to get his dna under her fingernails so he could never do this to anyone else again. jim: this is a problem that is far from over. >> i am very worried about the fact that there will be more timothy ko stkas looking for hair when. -- for heroine. jim: but for her family, the healing begin. >> i' ve never been more proud of my mother than i am right now, to know that she was fighting for her home and ultimately fighting for her life. jim: the defendant family was also there in the courtroom. we are talking about the murder spend life in prison for without the possibility of parole, and also a home invasion, 20 to 25 years that will be served concurrently. erika: jim, thank you. and accused killer it' s refusing to come into the courtroom. jury selection also remains on hold. chisholm' s lawyer said she cannot communicate with the defendant. he is charged with telling a teacher two years ago. a psychologist said she tried to talk to chisholm, but he said nothing and banged his floor -- banged his head on the floor of the cell. erika: the suspect in this woman' s murder will be arraigned today. james witkowski is accused of killing lena bruce in 1992. police say bruce, a tufts graduate, was robbed before she was killed in her apartment in boston. they say a wallet left at the scene led them to witkowski. police are investigating this crash in middleton. it happened this morning on route 114. no word on the severity of the injuries. the crash did cause a significant traffic backup during this morning' s commute. right now, state police are searching for suspects after a driver said he was shot at on 495 and rent some. it happened just after 5:00 last night. state police found ballistic evidence on the car after a man was shot at. the man was not hurt. it appears the incident was not random and that the vehicle was targeted. right now, police are searching for this man, accused of dressing as a priest and committing a lewd act. much of the video is just too graphic to show, but police hope that showing part of it will help track down the suspect. he made it into the church through an unlocked door around 3:00 in the morning sunday night. around for 45 minutes before stripping down and committing a lewd act on the church' s altar. it has shocked this community. >> this church is important, part of our sunday liturgy, but also part of the community. erika: no one in the congregation recognized him. new at noon, dole bagged spinach is being recalled in 13 states including massachusetts because of salmonella concerns. dole fresh vegetables is recalling some spinach with a use by date of october 15. you can find the information on the specific product codes on our website, wcvb.com. no baby spinach nor any other salads are included in the recall. so far, no illnesses have been reported. we turn now to the weather. a live look at the city. a pretty day and we are expecting cooler temperatures. but you say gradually. this morning, but now it is starting to cloud of just a bit. the cloud cover starting to move in. along with the cloud cover, a new leading edge of cooler air. i cannot rule out the possibility there might the a sprinkle this afternoon. but the big story is going to be the cool air moving in. a single here and there starts to clear out toward the overnight hours. each day it gets a little bit cooler. by the time we get to the extended forecast it will be a lot cooler. i will thought about that and the threat of frost in just a few minutes. ms. clinton: i want to talk not about my e-mails, but what the people want from the next president of the united states. erika: hillary clinton taking a hard-line as the democrats are back on the campaign trail today. will the debate change voters minds? pundits give the wind -- the wing to hillary clinton. hillary clinton dominated, defending her record. ms. clinton: i would not ask anyone to vote for me based on my last name. i asked them to look at what i' m proposing and what i have accomplished. erika: on gun control and foreign policy -- >> is bernie sanders tough enough on gun control? ms. clinton: no, not at all. erika: martin o' malley looking to build momentum, as was jim webb. senator webb: the greatest threat we have right now is resulting of our relationship with china. erika: getting this unexpected support on her e-mails. senator sanders: the american people are sick and tired of hearing about your e-mails. erika: lincoln chafee looking to capitalize on the scandal. clinton not giving an inch. >> there is an issue of credibility out there. >> senator clinton, do you want to respond? ms. clinton: no. erika: the vice president was not mentioned last night. he is expected to make his decision this week. the debate is the subject of today' s now poll. did it change your mind about any of the candidates? right now, most of you say no. cast your vote and tell us why you feel that way on the front page of the wcvb be -- facebook page. on the republican side jeb bush is making a campaign stop in new hampshire today. the former florida governor is touring a bionics business in manchester and holding a town hall event in concord tonight. florida senator marco rubio, attracted a large crowd in portsmouth, new hampshire this morning. the gop presidential candidate the headliner at a house party, this afternoon he is hosting another event in derry. a public hearing today will take up a bill to reinstate the death penalty in massachusetts. house in 2013. the death penalty was abolished in the state in 1984. today' s docket also includes more than 50 bills on sentencing, correctional services, and mass incarceration. new plans to shutdown the pilgrim nuclear power plant are causing concerns in plymouth. today town selectmen will meet with state lawmakers to discuss the economic impact on the region. it comes after pilgrim' s parent company, entergy, announced it would close the plant by june 2019, if not sooner. the company says the plant will lose $40 million a year if it keeps operating. the closure means the town of plymouth will lose millions in tax revenue. but safety at the site is the main concern. >> officials and senior management continue to be concerned about the future of the site in terms of the safety of our community. erika: the union representing pilgrim' s 600-plus workers says the plan is unacceptable. governor charlie baker is also concerned about the closure' s effect on the overall energy supply. meantime, one expert says it could cost close to one billion dollars to close pilgrim for good a process that could take a decade. taking down the plant can' t start until entergy can prove they have enough money to complete the process. spent fuel would be stored on site in plymouth since plans for a national nuclear waste storage facility are still stalled in congress. charlton' s fire chief is defending his department' s response to this massive fire back in august. incident reports on the charlton orchards winery fire were released last night. the worcester district attorney' s office is investigating the fire deemed arson. the family that owns the winery has criticized the response to the fire. the fire chief says the 16 page report shows his department acted appropriately. another brookline firefighter is facing charges. jeremy joseph was arrested over the weekend charged with drunk driving and leaving the scene of an accident. he' s now on administrative leave. this comes as fellow firefighter joseph ward is facing charges for allegedly beating a customer outside a local taco shop for taking too long to order. up next, arson in the aisles of a walmart store. the man accused of setting the halloween costumes on fire. also new developments in a plane , that crashed into a mobile home what investigators on the scene are saying about that crash. mike: a little rain on friday, but it may be the chill that follows that really grabs your attention. i' ll show you when you may be scraping your windshield. erika: and where boston falls on the list of greenist and most environmentally friendly cities. and the city that scored the top erika: breaking right now, the first lawsuit in this inking of the l faro cargo ship that sunk because of hurrican joaquin. an attorney representing the family of a crew member said the suit was filed in florida today. jordan was among the 33 men and women that were aboard the freighter when it sank. costumes on fire, inside a as you can see in this cellphone video, employees of the stores in san leandro desperately try to get flames under control. police say a 40-year-old man used a 2 quart bottle of charcoal lighter fluid, that he picked-up from the gardening section, to set the costumes on fire. the suspect was arrested for suspicion of arson. police are also looking into whether he is linked to other crimes in the area. two people dead in this small plane crash which was caught on surveillance video in florida. it happened at a palm springs mobile park last night, just a few miles from the airport. one of the victims is the pilot the other someone in one of the homes. the ntsb is investigating. new at noon, iran is sealing the nuclear deal with western nations. a senior council of clerics and officials issuing their final approval, despite hard-liners' efforts to derail it. the deal, reached in july, imposes limitations on iran' s nuclear program in return for lifting of sanctions. an international humanitarian starting its probe of the u.s. deadly air strikes on a doctors without borders hospital in afghanistan. the october 3 strike killed 12 staffers and 10 patients amid fighting between afghan forces and taliban rebels. u.s. officials have called the strikes a mistake, and president barack obama has apologized. gun control is a hot button issue once again. now there' s word of a major lawsuit that could impact the sale of firearms. it stems from a decision to hold the sale of weapon used in the shooting of two police officers. abc' s marci gonzalez has more. marci: a landmark lawsuit, a gun store found liable in the shooting of these two police officer' s that left them physically and emotionally scars. marci: shot in the face after the altercation with the suspect. he was 18, too young to buy the gun, and it was purchased for him by another man. even admitting on the form that the gun was for someone else. the officers sued the gun store, claiming it repeatedly looked the other way and sold weapons to criminals. between 2006 and 2009, more than 1800 firearms were used in crimes. from the store were used in crimes. >> the last and want to do is put a gun in somebody' s hand that is going to commit a crime. marc afteri nine hours of deliberations, the jury awarded: millions in damages. it could have broader implications. >> i want to make sure possess guns do not get there hands on the guns. marc i: lawyers for the officers say they field indicated. erika: scituate is getting some help protecting its shores. yesterday the governor announced the town will receive $3 million to reconstruct part of the oceanside drive seawall. other communities will also be given money for dam and seawall projects. the baker administration had promised to help repair infrastructure damaged last winter. wallethub is out with the list of the greenlist cities in america and boston is in the top 10. new york city is first for encouraging the most environmentally friendly lifestyle it gets high marks for being a walkable city, portland oregon is second and san francisco is third, boston ranks 8th and the baton rouge lousiana is at the bottom of the list. at least we are on the list. we can move up. mike: well, it is not green today. it is gray. the clouds are coming in, so the temperature is about where it sat. -- where it is . today will probably be above average, but not as warm as yesterday and not as warm as monday. pretty much in the upper 60' s. we might get a degree or two out of this, but that is about it. boston is one of the warmer spots. as you travel to the south shore, mostly in the upper 60' s. they started out really chilly this morning, but rebounded beautifully with the hit of sunshine we had. the sun is still holding on with everything you can. when you walk outside, the wind out of the west has gotten busy. the winds will be gusty this afternoon as we are sure in some drier air and eventually cooler air as well. at us if you look really carefully, there. a sprinkle here or there, but most of us will say drive. and that is what you will notice in the next couple of days. once we get past about 5:00 or 6:00 p.m., the cloud cover will dissipate and clear skies overnight. today, partly cloudy and 66. for some of us, a busy westerly wind at 10 to 20 miles per hour. a chilly night tonight as lows drop off into the upper 30' s in some spots. the wind will be out of the northwest at about five to 10 miles per hour. we have another system coming in from the west. this will give the chance of rain on friday, looks like afternoon. but following it is some of let talk about the fall foliage. as i suspected what was going to happen, we made up for some lost ground and we have peak conditions to the north, moderate colors through the west and patchy in the city and the shore. we will start to see some nice colors over the next several days. starting today, a sun and cloud mix, but more clouds this afternoon. high temperature about 68 degrees. the temperature will be dropping tomorrow to about 62. friday, showers in the forecast. there could be a spiegel or two, but not much out of it. it is really toward this afternoon as this system comes through that it gives us a better chance of rain. that' s when the cooler air really starts to move back into the forecast and things will be chilly. 58 degrees for the temperature on friday. as we look down the road, you to our temperatures. high temperatures only in the s over the weekend. highs -- only in the upper 50' s, the upper 40' s. next several days. there will be rain in the pretty dry. erika: a health crisis for former nba player lamar odom. the one-time reality tv star and ex-husband of khloe kardashian is in the hospital after being found unresponsive in a nevada brothel. he had been partying there since saturday. right now there' s no word on his condition. odom played college basketball at the university of rhode island. an air china flight makes an emergency landing in alaska with a passenger on board. a healthy baby girl born at 30,000 feet. flight was headed from taiwan to l.a. when it made that unscheduled stop. fortunately there was a doctor onboard, on her way home from her honeymoon. she delivered the baby about 30 minutes before landing. >> the flight crew was really helpful, bringing me any increment i needed and helping me out with the patient. erika: it is still unclear whether the baby will receive u.s. citizenship. the circus is in town the elepnts taking a stroll though the north end, the erika: the franklin park zoo is celebrating the birth of a rare chick. it' s the first time a sunbittern chick has been born at the zoo in 20 years. the chick, currently weighs 2.6 ounces, although sunbitterns are not listed as a threatened or endangered species, their numbers are declining due to habitat loss. the legendary stars of the ringling bros and barnum & bailey circus are brunching in the north end this noon. the elephants made their way down hanover street to the firehouse, the elephants are being joined by the members of clown alley and the chinese national acrobatic troop. they were treated to some sweet watermelon along with the full garden of valley -- of veggies. enjoying some nice hospitality there in the north end. mike: you just can' t take them anywhere. they are so messy. erika: yes, but the trunks. mike: sunday' s high is only about 48 degrees, which is cooler than we were last night. after that, some frost and freezing temperatures. it looks like next week monday and tuesday, we warm back up again. a winter erika: that is only a few hours long.

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