the judge rights -- the court should be very reluctant to second-guess the commissioner's decision that the benefits of the program will outweigh the risks. he says it would be difficult to stop the program when the union's alleged injury is, in significant part, self-inflicted. the judge said the unions did not do officers when both sides initially agreed to use 100 volunteers for the program. the union to the union to get to court when volunteers did not come forward. it is a loss for the union today. we are getting reaction from the union. they say they are disappointed atwater, -- live in boston, john atwater, wcvb newscenter 5. heather: more breaking news -- a man convicted in the 1993 murder of a boston police officer will get a new trial. the state's supreme judicial court making that ruling this morning. sean ellis was freed last summer after his conviction in the murder of boston police detective john mulligan was overturned. he spent nearly 22 years in prison. this afternoon he remains free on bail. detective mulligan was shot 5 times outside a walgreens in roslindale. ellis' attorneys claim he was framed. a co-defendant pleaded not guilty to manslaughter. also breaking -- one of two people shot late last night in worcester has died. police were called to gallagher's pub on west boylston street around 11:30 last night. it was outside the bar that police found a 21-year-old man suffering from several gunshot wounds. he was taken to the hospital where he died. police say the shooting actually happened on nearby loring names of the victims. so far, no arrests. new at noon, worcester police say a high-ranking faculty member at a prestigious school in western massachusetts is under charges. police say undercover officers had numerous conversations with the teacher of braintree, who allegedly agreed to sexual conduct for a fee. he is charged to sex for a fee as well as human trafficking. a registered sex offender facing charges, accused of exposing himself to kids. 30-year-old jacob mobley-hall arrested yesterday near lexington high for allegedly exposing himself on the fitness path. police say there have been several reports of this happening this week. the manchester, new hampshire man faces several counts of open and gross lewdness. north korea under fire after confirming it launched a nuclear earthquake. marci gonzalez is tracking the international fallout. marci: north korea launching what is believed to be its biggest nuclear test yet, state tv announcement state tv announcing the powerful explosion that caused a magnitude five tremor. this as the north continues testing ballistic missiles with an increasing range saying their , goal is to miniaturize a nuclear head and place it on a missile capable of reaching the while they don't have that capability yet tests like this , race serious concern. >> north korea's programs will continue to grow. their range of their missiles will continue to extend, unless the united states and the international community take steps to negotiate a freeze with north korea. marci: president obama briefed on the test, which was about 10 times more powerful than north korea's first test in 2006. stability as other world leaders , join in strongly condemning pyongyang's nuclear efforts. secretary kerry: obviously, japan and south korea particularly are deeply concerned because of the neighborhood, but i think it's fair to say that china and russia and the united states, everybody here is concerned. marci: this test will likely lead to a push at the united nations for stronger sanctions, though north korea is already one of the most heavily sanctioned countries in the world. marci gonzalez, abc news, new york. in the weather center now with mike wankum and the calendar says mid-september. mike: it feels like the middle of summer though. heather: it feels like mid-august. mike: it is hot and humid. the humidity i can live without. heather: i can live without both. 75 and sunny is perfect. mike: you're seeing upper 80's. year is 75 degrees. lows are supposed to be about 60 caret we barely got down that low tonight. it's a warm one and humidity is high as well. we have a hazy sunshine and the air is there. we have a frontal boundary coming through. behind it, we have lower humidity moving in. expect a little bit overnight. the next 12 hours we top off it 90 degrees at 4:00. a lot of 90's, low 90's. do you want to say goodbye to this and go to fall like weather? i will show you that in a few minutes. as well. heather? heather: some incredible video out of hull. police, fire, and animal control, working tirelessly to wrangle the fawn. they were able to tranqualize it and lift it out of the pit. after waking up from the nap the deer ran off unhurt. good to see. a disturbing mystery in a boston neighborhood. birds, more than 40 of them, falling from the sky. and there is concern those animals may not be the only ones in danger. the deadly discovery made yesterday along bakersfield street in dorchester. at least 46 birds falling onto sidewalks and lawns nearly 40 of them dead. the birds, all grackle the only animals to fall victim. someone's pet cat also got sick and had to be euthanized. >> we don't know what is going on. it could be a virus they got very quickly. it could be potential poisoning. it could be something introduced to them that was not intentional, but harmed them. heather: testing on the birds and cat is underway. boston's public health commission says there is no monitor the situation. commitment 2016: two state lawmakers will be out after primary losses. 12-term cambridge democrat tim toomey lost his seat in the legislature to challenger mike connolly. and in lawrence, state rep marcos devers is out defeated by political newcomer juana matias. with the primary contests over, only 57 legislative races remain undecided going into november, when turnout is expected to be much hr. to the race for the white house, hillary clinton and donald trump continue trading barbs following their national security forum, the attacks ramping up as a new poll shows the race tightening in some battleground states. karen travers has the latest from the campaign trail. karen: another bizarre twist in an unpredictable campaign. donald trump and his relationship with russia. first, these comments about vladimir putin on nbc. mr. trump if he says great he has been a leader far more than our president has been a leader. karen: hillary clinton pounced. ms. clinton even taking the : astonishing step of suggesting he prefers the russian president to our american president. it is scary, it is dangerous. karen: trump following up his praise for putin with a stunning appearance on rt, the kremlin-backed television network. essentially the mouth piece of the russian government. speaking to larry king, trump brushed off the suggestion that russia is trying to ue mr. trump it's probably : unlikely. maybe the democrats are putting that out, who knows? karen: the republican nominee's cozying up to russia is causing headaches for party leaders. house speaker paul ryan saying flat out putin's an aggressor. speaker ryan: vladimir putin is violating the sovereignty of neighboring countries. it certainly appears he is conducting state sponsored cyber-attacks on what appears to : this morning on cbs. senator kaine: you wouldn't get out of a fifth grade civics exam if you don't understand the difference between dictatorship and leadership. karen: trump's campaign says he did that rt interview thinking it was for his friend larry king's podcast. they say trump didn't know it would be on russian tv. karen travers, abc news, washington. heather: new at noon, a lift hands of flight diverted to smell on board. >> the fire chief is also on the frequency. is name is logan command. unless you need him right now, they will meet you at gate echo five. >> [indiscernible] there is a smell of burning. it may be electronic smoke or the electrical smell was caused by an overheated coffee machine in one of the galleys. the machine was repaired on board. 223 passengers on board the flight from dulles to munich are being rebooked on alternate connections. cracking down on texting while driving. the goal for police in one community, and the lesson for those behind the wheel. caught on camera, an suv barrels right into a convenience store. the clerk lucky to be alive and the mistake that has the driver in trouble this afternoon. mike: monitor very warm temperatures out there. if you are tired of the summerlike weather, i will show you when the feel of fall returns to the forecast. heather: two rival teams coming together in tribute for a fallen police officer. the message from his widow and the surprise she did not see coming. >> the 10:00 news on metn with maria stephanos and ben simmoneau. now on comcast channel 942, heather: back to breaking news -- a judge just ruling that the boston police body camera association had asked a judge to issue an injunction to halt the program until details can be re-negotiated. the judge sided with the commissioner. that happening late this morning. drivers caught in the act in west bridgewater. police were out in force cracking down on distracted driving. according to the cdc 8 people are killed in the u.s. every day because of distracted driving. at the heart of the problem are cell phones. west bridgewater police are looking to stop that. here is how it went down. a lookout calls in a distracted half-mile down the road. 150 people were pulled over in total yesterday, 63 given citations. but police tell us the real goal is to educate. >> if it helps this much and stop somebody from being injured or killed, we are ok with that. >> if it is for safety, that's fine. i just wasn't aware that was an ok. but now i know. heather: police say in the last year, two people in the town this afternoon one of the , nation's biggest banks is being ordered to pay up millions. wells fargo accused of fraudulent practices spanning years. as newscenter 5's emily riemer explains, the scandal involves thousands of employees and hundreds of thousands of bank accounts. >> the largest such payment in the history of the city attorney's office. emily: a $185 million fine. consumers. consumers have to trust to their bank. emily: the consumer financial protection bureau and los angeles city attorney accusing thousands of wells fargo employees of widespread illegal sales practices that included secretly using customer information to open more than two million savings and credit card accounts sometimes causing , extra fees. all done so employees could meet aggressive sales goals. many of those customers had no idea these accounts even employees in connection with the widespread scheme that spans at least five years. the bank has not admitted or denied wrong doing, telling abc news, while we regret every interaction that was not handled properly, the number of instances and team members involved represent a very small portion of our business. emily riemer, wcvb newscenter 5. heather: wells fargo has said that money will automatically be put back into the bank accounts of anyone affected. a volkswagen engineer pleading guilty late this morning to charges ed the california man faces one count of conspiracy. thousands of vehicles were sold worldwide with so-called defeat devices. that software enabled diesel vehicles to pass emissions testing. massachusetts is one of three states now suing the w, -- suing vw, saying the cheating threatened public health. surveillance cameras were rolling when an suv smashed right into a connecticut business. police say the driver was trying to avoid hitting a van when he hit the gas instead of the brakes. he has been cited for reckless driving. a successful rescue in italy, after several people spent the night dangling in cable cars in the french alps. the cars stopped working near montblanc yesterday, after two lines crossed. helicopters flew in to rescue people, as others were brought down safely in unstuck cars. but it became too dangerous to fly, so 33 people spent the night in the cars, and were pulled out this morning. i bet they were happy. [laughter] a live look at boston on what is turning into a hot and humid friday in september. mike wankum, win is the seasonal condition returning? mike: as we head to the weekend, we get closer to normal. next year, it looks like we will have temperatures below normal. you will kind of get used to the cool temperatures. the 80's, we are headed for the 90's. that is why it feel so uncomfortable. -- feels so uncomfortable. typically we only get 90 degrees once in a year. it's a slow start, but boy, did we make up for. bedford, 88, worcester, 82. south of the city, upper 80's right now. still waiting for that 90 degrees temperature to show up. here is the that is way up in the oppressive range. it was that way all this morning and now you really feel it with the heat on. you really have to wait until monday -- that is when the humidity really drops. you have the clear skies or semi-clear skies. it is a mix of sunshine and cloud cover. there is a week frontal boundary. the air is drier. you will notice tonight. partly cloudy skies tonight. could be an isolated shower that pops up. 62 to 68 to greece. let's timeout their showers. 5:00, and nothing much going on. still pretty steamy. showers to be southeast try to work their way eastward. during the evening, a chance of showers. you get the idea here at most of it on the pike. probably not going to see much of it anywhere. as a talk about the rain chances tonight am a tomorrow, even i know we need the rain. hopefully we will be lucky enough to get some. a few showers out and about. then we have another chance. this will primarily be out to the western part of the state. sunday morning, maybe a little bit letter opportunity. at -- a little bit better opportunity. then the cooler, drier weather own emily riemer. clouds, on the muggy side, not as bad as this morning. in the tropics -- you know, this was all we talked about. now we are talking about a couple of very weak systems that have a 10% potential of developing. this out in the atlantic, a 30% chance of developing. this weekend, all quiet in the tropics, at least for now. 90 degrees tomorrow. -- 90 degrees. showers in the morning hours, and look at this. monday and tuesday, the sunshine is back. humidity is low. those look like just beautiful day is coming in here. we may have a round of showers, a rumble of thunder and behind it, the real feel of fall. high temperatures in the 70's. if we are lucky, it may be cooler than that. the feel of fall is in the forecast, but not this there. heather? heather: all right, mike. rivals on the football field teaming up for one special cause. the auburn and leicester football teams honoring fallen officer ron tarentino. the tarentino family also celebrated with a special surprise. trish tarentino and two of her 3 boys were at mid-field as the game's honorary captain was announced. it was ron tarentino iii, on quick leave from the army. what a moment. last night's event marked the inaugul tarentino was shot to death during a traffic stop in may. his wife says she's been overwhelmed by the support from the two towns her husband served. >> we have just loved your letters, your phone calls, everything to support our family. and to put on an event like this is a huge undertaking. heather: as for the game the , auburn rockets pulled out the win on a late touchdown. but coaches say it was a win for both. surfaced. laron tunstill is praying with a homeless man. but notice he has no shoes on. , that's because, earlier this week, he gave his brand new sneakers to the homeless man. he says the man was hesitant at first to accept, that after a few minutes was grateful for the , gift. he says he's just trying to do right by making a difference in the world. bravo. a little girl hits it out of the park. the bite of cotton candy and hilarious reaction captured on the jumbotron garnering her a , huge online following. fios is not cable. we're wired differently. which means we can fix things differently. thanks for calling fios, this is ryan, how can i help you today? yeah, i got a big problem with my new tv. you can't tell me this cord isn't in, okay. i'm sending you a link to the my fios app that's going to let me see what you're seeing. really? yes, really...mr. mcenroe. um, see that cord? just plug it into the connector on the right. so you can clearly see what's in and what's out? oh, absolutely. i like that. hey, it worked! so i don't have to see the cable guy again? oh no, we're not cable, mac. get 100 meg internet, tv and phone for just 69.99 a month online for 2 years, guaranteed with a 2 year agreement. only fios offers speeds this fast at a price this good. heather: folks. a little girl gets a taste of cotton candy and the rest is history. beatrix hart became an internet sensation overnight. and you can see why. look at that. [laughter] the seattle mariners captured her on the jumbotron going wild over her sweet treat. they posted the video to their social media accounts. it wasn't all about the cotton candy for beatrix though, she says she just loves making faces. along with it makes it even more interesting. heather: if you could deliver more three days on the forecast without humidity, i might make some faces. mike: give me some con candy, and i might. monday is when the humidity really drops. heather: narrator: "by almost every measure, public charter schools have been a success." "they are models of inspiration." with "impressive results" and "eye-catching educational gains." question 2 will give parents more choices and result in more funding for public education. vote yes on 2. >> welcome to armed forces appreciation week. you've joined us for a very special show. lieutenant commander jason davenport of the navy reserves is about to face a question worth $250,000, and he is just three questions away from the million. can he do it? we're about to find out on "who wants to be a millionaire." [dramatic music] ? ? hey, everybody. i'm chris harrison. welcome to the show. are you guys ready for a very special "millionaire" today? [cheers and applause] we might meet a millionaire today. our returning contestant has been a part of the navy for almost 20 years. there's no one, no one i would rather give $1 million to. from las vegas, nevada, please welcome back lieutenant commander jason davenport. [cheers and applause] hey, buddy.