>> 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, claiming the school was negligent. wmur's amy coveno is live at federal court where lawyers for both sides met this afternoon. amy? reporter: good evening, jean. this was a closed door session in judge's chambers. telling news 9 it was just a scheduling met. the next step is discovery, that could take a year. after the civil lawsuit was filed against st. paul's school this year, the school pushed back asking the court to identify the accuser who is making allegations that hurt the school's reputation. days later, fran chess a prowt appeared on nbc news, prevealing her face, name and story about a boarding school calledded the senior salute. after labrie was convicted of misdemeanor sex assault and a felony computer use charge, prowt parents filedded the lawsuit. the school denies it could have prevented the alleged sexual prowt of francesca prout and any harm suffered are the result of the actions of labrie and not the actions or omissions on the part of the school. court documents reveal both sides plan to call up to 30 witnesses. attorneys for the family indicate they will depose numerous students, former students, administrators, faculty and staff, all of whom have knowledge of the senior salute tradition. the jury trial is estimated to be two weeks and right now set to begin march 6 of 2018. avoiding a jury trial. more on that at 6:00. live at federal court in concord, amy coveno. jean: a hinsdale man is pleading guilty to possessing child pornography. investigators say the crimes against children task force hinsdale police and homeland security seized a computer and external hard drive from dwight smith's home. they say they found dozens of videos and hundreds of images of child sexual abuse, smith faces in prison and a fine of up to $250,000. josh: tonight a man from maine has pled guilty to sexually assaulting a young girl in rochester. the assault started when the victim was 5 years old, according to court documents, and took place over four years. kristen carosa was in the courtroom for the hearing. reporter: it was an emotional day in court as christopher loni pleaded guilty, he will serve at leas5 the victim's family says they're glad. 44-year-old christopher loni of maine pleaded guilty to sex actually assaulting a young girl he knew while living in rochester, he'll serve at least 25 years in jail. during the hearing prosecutors say the sexual assaults date back to 2003. the victim came forward three years ago when she was 14 years old. she's now 17. according to prosecutors, he violating his bail just days before jury selection. he was seen trying to obtain a passport in portsmouth last week. the victim's mother says this time has been hard to get through, but hopes her daughter can now move forward. >> i'm hoping that i see her grow five inches in every direction and finish her education and fine some hobbies. reporter: a formal sentencing hearing will take place this friday morning. he will also an rained additional criminal charges. in dover, kristen carosa, wmur news 9. jean: city officials in charlotte, north carolina are bracing for another night of protests after a deadly police shooting. this as the family and attorneys of the unarmed man shot by a owes in tulsa, oklahoma are also demanding justice. ray has the latest. reporter: the city of charlotte now at the center of national now city officials preparing for more protest, and tonight we hear from witnesses of the deadly shooting. >> i know that gentleman was dead, when i walked up here, they startedded administering c.p.r. reporter: police now sifting through body cam and dash cam footage hoping it will give a clearer picture of what happened. keith lamont scott was shot by police. authorities say they were searching for another person with outstanding warrants. scott was appac his car armedded with a gun. >> the officers gave loud, clear verbal comndz to drop the weapon. as the officers continued to yell at him to drop it, he stepped out, posing a threat to the officers. reporter: as unrest unfolds in north carolina, the family of the unarmed man shot by police in tulsa, oklahoma expressing outrage. >> we know that there was no gun in the car, we know he was unarmed, we knew he didn't we know all of those things, but my brother is dead. reporter: family now demanding to know why crutcher was approached with such force. >> you have a man with his hand up, which is the universal sign for surrender, and then fatally shot, does not make sense. reporter: both officers are on paid administrative leave. grieving families, meanwhile, are calling for justice and want both officers prosecuted. more massive within the coming days. josh: in the meantime both presidential candidates donald trump and hillary clinton are speaking out follow those two shootings, as aixa diaz tells us they're now releasing their ideas for change. reporter: donald trump says the shootings in tulsa and charlotte are tragic. hillary clinton says this has got to en. hillary clinton began a speech in orlando by addressing this week's police shootings. killed by police officers in these encounters. it's unbearable. and it needs to become intolerable. reporter: her campaign says clinton is are posing setting up national standards for best practices within local police departments. during an appearance at a cleveland church, donald trump said he's very troubled by the shooting death of terrence crutcher in tulsa. >> that man went to the car, hands up, put his hand on the car, to me it loo everything you're supposed to do. this young officer, i don't know what she was thinking. reporter: trump says the nation is too divided and claims african-american communities have suffered under democratic leadership. >> he's starting to slowly put out some things. reporter: the center for american progress says while trump is focusing more on issues that affect communities of color, he still has a ways to go to earn their support. >> i don't think his message has really been resonating with the abysmal. reporter: both trump and clinton expressed their support for law enforcement as a whole and condemned the violence that injured officers in charlotte. aixa diaz, wmur news 9. josh: this is the first presidential debate is coming up on monday. wmur and abc news will carry it live. clinton's campaign says she's practicing. trump has campaign events scheduled through saturday. jean: let's talk about this weather. this is the last full day of summer. no surprise to anyone been outside. it was a gorgeous day, we climbed back into the 80's. it's still 79 degrees at hampton beach right now. let's check in with josh judge. josh j.: it definitely feels like summer. how will we start off tomorrow, let's take a look at our temperatures at the moment. we're in the 70's and some lower eight. 80 degrees in concord, upper 70's to mid 70's everywhere yesterday with the 60's it melt more muggy. today very dry air with dew points in the 40's for the most part. and there's a look at your satellite. mostly sunny in most of the state. southern new hampshire there have been high thin clouds which have dimmed the sun a little bit and perhaps kept the temperature down just a few degrees. but those clouds will be moving on. look what else is too our west, warmer conditions. so there's another warm day on the w a side with our first day of autumn tomorrow. but look what follows, much much cooler air and some showers in between. we'll sort that out, give you the timing for that rain and for the very cool air mass that's heading in our direction. jean: thanks, josh. just ahead, a new manhunt under way in connection to new york's most recent terror attack where new england police department ended up fielding a call from the old world. >> the second race in nascar's chase playoff series goes to green. this upcoming sunday. we'll talk about the big race and the events leading up to it on weather wednesday. >> plus an apology from dartmouth hitchcock over the timing of its announcement of potential layoffs. what the state will require for the hospital's new contract. josh: and it's a new way at 6:00 the volunteer project when i first found out that carl had been using heroin on and off for a year. i immediately thought not my son. i found him in his bathroom with a syringe still in his hand this opioid epidemic. she's trying to do everything she can to get laws changed. so this doesn't happen again. she's definitely a leader. i just love annie. i'm annie kuster and i approved this message. vo: kelly ayotte says she's on our side, but on our rights, she's squarely with donald trump: trump: planned parenthood should absolutely be defunded. vo: ayotte agrees, voting six times to do just that - defund planned parenthood. and both oppose our right to safe and legal abortion. trump: ...there has to be some form of punishment. matthews: for the woman? trump: yeah, there has to be some form. vo: ayotte and trump: wrong for new hampshire women. senate majority pac is responsible for the content of this advertising. afoot and light-hearted i take to the open road. healthy, free, the world before me, the north and the south are mine. all seems beautiful to me. jean: traffic watch time, let's see how live pictures from 293 in manchester. josh: peggy james joins us with a live look at the road home mid-week. peggy: hi, josh and jean. our final commute of the summer is a pleasant one for the most part. things are easing out on 93 north coming up through windham. we had a little congestion there earlier, but you're getting through without any issues up to 293. there was an earlier accident on 293 northbound before exit 4, still seeing some minor move well up through hooksett and concord. no issues there or further north of concord. 101 we've got our typical stop and go volume between manchester and bedford making your way west bound. the everett turnpike starting to fill in with a few slowdowns through merrimack between exits 10 and 11. no trouble to and from the seacoast. but the spaulding turnpike has slowdowns. i'm peggy james for skiing for help finding two more men in connection to this weekend's bombings in new york city. agents released this surveillance image of those men. they were seen saturday night removing a bomb that did not explode in a suitcase. and then they walked away. also tonight investigators are reviewing a handwritten journal from the suspect, ahmad kahn rahami, he said bombs would be martyred. jean: an emergency drill held today at the airport is critical to make sure staff and first responders are ready for a real emergency. the exercise involved 75 agencies, 80 volunteers, and took about three hours to complete. this scenario involved a departing passenger jet with a simulated explosion on board, filling the cabin with smoke. the f.a.a. requires these drills every three years. >> we had 80 volunteers that showed up at volunteered as victims. so the scenario today is that a recent fall jet was exiting out to runway 35, experienced some sort of incident on the airplane that turned into an explosion. reporter: while the drill did not interrupt flights or daily operations at the airport today. you may notice extra traffic heading up 93 this week, race weekend kicking off tonight. josh: since it is weather wednesday, chief meteorologist mike: we're way up here at the top of the main grand stand, what a view of new hampshire motor speedway. it's a big weekend, the general manager, david mcgrath, thank you for joining us for weather wednesday. >> thanks for having me, this is great. welcome to the beautiful new hampshire motor speedway. mike: it is a great view. this is an amazing view because you get to see not only the entire track, you see tin field and everything else. tell us about the importance of this race this weekend, because we know they're all importa, significance. >> absolutely. this is a playoff race, this is the chase. so the bad boy off road 300 is going to be the second ration of a chase, and in new england we know the importance of playoffs. and this is a playoff nascar style. so these guys and gal are going to go after it extremely hard soon as they take the green flag, it's going to be an amazing race. mike: if one of them win they're automatically into the second bracket. so if you want to get onto the next one, it's important. mike: there are so many other events starting tomorrow and friday and saturday, tell us about those. >> absolutely, we've got an entire week load of fun for fans, behind the scene tours, tomorrow the parade, then the fanfest in the fan zone. friday at 8:00 in the morning engines starts running on the track and it's all day qualifying and practice, and of course we have our three races on saturday, race, we have a modified and then the bond auto parts invitational after that. so we've got three races on saturday and the big race on sunday. mike: we're going to come back live. you've also got some great food items new on the list in year. tell us about this scrumptious dish here. >> what we decided to do was to create this new event called taste of the speedways where we feature foods from all the different speedways around all the smi properties around the the, and the bush brothers nachos, they are fantastic. mike: have a great weekend. the weather is going to be fantastic for the weekend, maybe cool, but you know what, we've got some great stuff leading up to it as well with maybe one shower chance between now and monday. josh? josh: that's right. what a dry spell we have, so much more of what we've seen so much of one chance for rain and warm conditions for now. but that will be changing. let's take you through it with a quick look at your current temperatures, we're in the 70's to near 80 in most parts of the state. 80 in concord, mid up ander 70's everywhere else, and certainly still feel like summer, and it is still summer technically, the last day of summer. as fall begins tomorrow at 10:21 in the morning. here's a look at the dew points air feel that we had today. yesterday the same dew points were in the low and mid 60's. today near in the 40's to low 50's, that's why you notice such a big change out there today. and that will, looks like, stay that way right through the night tonight. kind of bombing out in the 40's and lower 50's, which means it doesn't allow the temperatures to get too chilly tonight, but certainly on the cool side. for tomorrow the dew points come back only a little bit. so another dry day for tomorrow, but another warm day the first day of autumn tomorrow, and of course it will still feel like summer, how about that. we've had high thin clouds in southern new hampshire, thin enough to allow the sun through and dimming it a bit. a front will be righting on friday, it does bring some rain chances, it's our only rain chance and it's not a lot. for tomorrow, warm weather, but look what's waiting in the wings these temperatures are headed in this direction, so it will be a big difference in temperatures over the weekend and into next week. it's going to be very noticeable as we shift to a fall-like feel. temperatures tonight will be on the cool and comfortable side with plenty of clear skies, a few clouds rolling through overnight and through the day tomorrow. then here's friday, with that front, especially in northern new hampshire in the morning, you've got a good chance of downpours and thunderstorms, and as that front moves notice how future cast tries to dry it out. i think there's a 50% chance in southern new hampshire of passing showers, but certainly not a lot. look at the clearing that rolls in for saturday, the weekend, get ready for this, a big difference. so tomorrow another warm day, summer-like feel. friday scattered showers, clouds, and cooler in the 70's, and then look at this. the weekend will be sunny, it will be beautiful, but it will 60's and those are the high temperatures. how about that. jean: that's a big change. josh j.: i think it latest start to bring some foliage our way too. jean: thanks, josh. a high speed chase becomes more dangerous when the driver takes aim at a police cruiser. josh: and that's not the only time the driver ran into that trooper, that story next. >> public outcry over the rising cost of the epi pen has landed the company's c.e.o. in hot water on capitol hill. will the price change? ne nation under god. that black and white, we are one nation indivisible. that republican and democrat, we are all americans. i'd like to punch him in the face. you know what they used to do to guys like that? they'd be carried out in a stretcher, folks. i could stand in the middle of 5th avenue and shoot somebody and i wouldn't lose any voters. priorities usa action is responsible jean: frightening moments for a utah state trooper who just pulled over an erratic driver. josh straight for the patrol car. >> i can get out of the way, he's going to hit me. josh: the trooper says the driver then jumped out of the truck with a knife. after a few moments he climbed back behind the wheel and took off again. but after getting off the freeway the driver turned around in a parking lot and hit the trooper again, he tried to runaway but didn't get far, the man is now facing, as you might imagine, several different charges. a woman's call to police missed trans-atlantic confusion. jean: while trying to report a crash to police in barnstable, england, she reached barnstable, massachusetts. >> you've called the barnstable police department in massachusetts. >> massachusetts? >> yes, massachusetts. >> there's no way you can help me then, is there? jean: it seems the woman googled the phone number, she didn't realize the difference in the spelling or area codes, but she and the dispatc h in touch now. across the pond. josh: an unexpected discovery by manchester police, straight ahead we'll tell you what they were doing when they found an alleged meth lab. jean: did you know new hampshire has carnipherous plants? where you can see them yourself. now sam taking one last swim in grandpa's pool before it closes for the season, oh, the joyce of colin van ostern: i know from my own life the difference a college education can make. narrator: colin van ostern. the son of a single mom, he went to college on student loans, became a stonyfield business manager responsible for a hundred million dollars in revenue. then, a top executive at southern new hampshire university's college for america. colin van ostern: most of our students graduate debt free. cutting student debt should be our goal for all state colleges josh: demanding answers on a dramatic price hike. defends its decision to congress. jean: dartmouth hitchcock hospital is agreeing to increased oversight. josh j.: a look at how much longer the warmer temperatures last before a cooler blast of air moves in and makes it feel much more like fall. josh: today marks the anniversary of a devastating hurricane in new hampshire. the lessons learned from 1938. >> no now wmur news 9 at 5:30. >> many people incorrectly assume that we make $# hundred off of each pen. it's simply not true. josh: the makers of a life saving treatment defended a dramatic price hike to angry lawmakers on capitol hill. welcome back, i'm josh mcelveen. jean: i'm jean mackin. the c.e.o. of the epi pen manufacturer was called to a congressional hearing today. especially parents, around the country. reporter: that's right, josh and jean. the cost of the each i pen has shot up hundreds of dollars over the past few years. a lot of insurance plans don't cover it. today the company is standing by its price hike. the message to epi pen users, don't expect a price drop. >> this is an epi pen. reporter: manufacturer mile land under fire for raising the price of its emergency it now costs $600 for a two pack. >> we put an improved epi pen device on the market in 2009. we now reach 80% more patients. >> you have five executives in five years that earned nearly $300 million in compensation. reporter: members of the house mylan's c.e.o. >> after mylan takes our punles, they'll fly back to their mansions in their private jets and laugh all the way to the bank, while our constituent suffer, file for bankruptcy and watch their children get sicker or die. reporter: the c.e.o. says the company has had to spend significantly, in order to expand access to the drug. >> many people incorrectly assume that we make $600 off of each pen. it's simply not true. reporter: she s only $50 per pen. the company says it will soon begin selling a generic version for $300 a pair. mylan also says it has increased its savings card program and doubled the number of eligible patients receiving free pens. back to you. jean: a lot of people asking why doesn't this company have more competition which might drive down the price. jean, and the f.d.a. says it's working with another company that's producing a generic version of the epi pen, but this won't be out in the market until 2017 or later. the agency is also trying to entice a couple of other companies to get involved in the market. jean: thanks, sally kidd. josh: despite outrage from the executive council, it appears the state's ctr state hospital will stay in place. but after word of mass potential playoffs and accusation of back room deals, the path forward will include plenty of oversight. before the executive council on wednesday officials from dartmouth hitchcock apologized for the sequence of events that led some to question their -- colin van ostern appreciates the gesture. >> what matters more than an apolicy is action, national why start giving weekly public updates on staffing, how many folks are there, how many are on the way what their requirements are. reporter: for chris sununu, though, oversight isn't good enough. >> we have six red flags over the past few months and this administration has done literally nothing. reporter: the deal is set to start in november, sununu said dartmouth hitchcock should have disclosed the potential for layoffs before the council approved the contract. >> by there's no reason they can't come back, make sure we have all of the information, weigh all of our oceans. reporter: but with a contract in hand, dartmouth hitchcock would have to agree to tear it up and start over. instead the health care giant is accepting the microscope moving forward and reiterating the plenty that patient care will not be impacted. >> we will fulfill the terms of this contract, any discussion about potential layoffs, a plan developed, has absolutely no connection to care at new hampshire hospital. josh: governor hassan's office released a statement saying the apolicy from dartmouth hitchcock was appropriate and that the state will ensure that dartmouth hitchcock is held accountable to their responsibilities under this contract. jean: tonight officials are giving the all clear at keene high school after hazardous materials crews were called in there, a teacher was doing a demonstration with a radioactive element that's used for demonstration purposes. it gave higher than expected readings. students were evacuated as a precaution, and more tests were done. we're told all readings including the initial one were within safe levels. josh: dover police are looking for a suspect accused of stealing a car and credit cards. police say these surveillance those stolen cards. the victim says they are were in her car at planet fitness in dover. jean: a manchester man is facing a meth charge for the second time. police discovered a meth lab when detectived arrive arrived at an apartment on grove street for an unrelated investigation. they arrested 42-year-old anthony manufacturing methamphetamine. he's currently on probation for an earlier meth conviction. josh: massachusetts farmers will now qualify for disaster assistance under current drought. most of the state has been designated a primary natural disaster area because of the drought conditions. several areas in new hampshire are already primary disaster areas. the last day of summer also marks the 78th anniversary of a major hurricane here in new hayley: this was one monster storm. it caused massive amounts of devastation as it moved up through long island and made landfall on the northern end of the long island sound there up into connecticut, eventually right up the connecticut river valley. that's a look at some of the damage that happened up in the wolfeboro area. remember, this is from the 1930's, but look at the damage across the northeast, the problem was the track of this storm typically where you have the strongest winds, is on the eastern side, especially on that northeastern side of the storm. as you see, the track of the storm went right up through central new england into vermont, which left new hampshire on that windy side. that's what caused the biggest problems with this storm, it was the wind. there was sustained winds of upwards of 121 miles per hour. get this, really listen to this one of one out of every three trees was toppled in new england with that storm. so some taller trees that you still see around the area probably were the only ones in the area that actually survived. pretty incredible stuff. thankfully no hurricanes in our forecast right now, though we sure could use the rain. josh will have more on the forecast coming up. josh: thanks, incredible pictures. jean: many drive d the short falls in g.p.s. as soon as they drive into a tunnel. josh: how one company plans to keep your maps connected. jean: repliesments are now available for the samsung phones with those defective batteries that can catch fire. how you can tell if your model is safe. josh: how would you like it if your smart phone could pick up on your emotions? that technology has arrived. darien: why have the latest smartphone if you can't use it wherever you go? switch to u.s. cellular for our best plan yet: 7 gigs of data per line for only $49. to share more photos at your cabin or video chat at your secret fishing spot... all for just $49. the best part? we put towers in places the other guys don't. because u.s. cellular thinks you deserve a signal switch to u.s. cellular and get a whopping 7 gigs of data per line for only $49. i'm hillary clinton and i approve this message. donald trump says he alone can fix the problems we face. well i don't believe that's how you get things done in our country. it takes democrats and republicans working together. that's how we got health care for 8 million kids. rebuilt new york city after 9/11. that's how you solve problems and that's what jean: here's a look at the day's close on wall street. the dow picking up 163 points. the s&p gained 23, and the nasdaq up by 53 points. as for your average gas prices nationally, we're at 2.21. in new hampshire, 2.13 a gallon. traffic at waze wants drivers to stop getting lost in tunnels. josh: the company is installing keep g.p.s. signals strong. a lot of people lose those signals when they go through tunnels, sometimes causing confusion about if and when to exit. waze will test the beacons in pittsburgh, one in israel, where the company was founded. and samsung's new galaxy note 7 phones are now available in stores. the original model under recall because its batteries could catch fire. the new safe models should show a green battery icon to avoid any confusion. samsung is or refunds for anyone who got a defective device. jean: m.i.t. scientists say they've created a device that can read emotions, they say it uses wireless signals to measure heart beats and is 87% in picking up anger, joy, pleasure and sadness. the team behind the emotion detector says it could be used for everything from advertising to health care. if you're looking for a job or a career change, the office of employment security is holding a to 2:00 p.m. at the steeple gate mall, and will include employers offering jobs, hundreds of jobs in areas like construction, health care technology and manufacturing, just to name a few. josh: the future finally will arrive on november 28, that is the day that those self tying shoes that we've been waiting for since back to the future two came out, remember those? they're going to hit store shelves, and it won't be easy to get your hands on them, stores, and you have to make an appointment. what's going on with that? nike has not said how much they're going to cost either. they're battery operated, but you need an appointment. jean: they have a cool blinking light on the bottom too. a tasty tribute to big papi taking shape on boston's greenway. josh: can you guess what this portrait is made out of? we'll tell you after the break. jean: in sports we'll hear from the u.n.h. soccer team as the team gets ready to host jennifer: ahead at 6:00, a plea for privacy before the new hampshire supreme court. the family of murder victim lizzi marriott making a case to keep her sexual past sealed, as the man convicted of kill her seeks an appeal. and both sides in the st. paul school civil suit in court today. the family of a sexual assault victim suing while the school denies any responsibility for the crime. pam griffin: our daughter courtney got caught in a web of opiate and heroin addiction. doug griffin: our insurance company indicated that courtney's problem wasn't a matter of life and death - so she wasn't eligible for treatment. pam griffin: she told me that she didn't want to live like this anymore... doug griffin: our family's tragedy could happen to any family... pam griffin: we knew we had to save other families from losing their children. kelly reached out to us. doug griffin: she came to my family to learn more. pam griffin: she listened to what we had to say, who we were - she cared about us... she didn't know us. pam griffin: we talked about the ways to remove the stigma of addiction so parents can get help. doug griffin: kelly co-authored the comprehensive addiction and recovery act - this act will save kids' lives... doug griffin: we don't want courtney to be remembered for her substance abuse, but rather for her struggle to achieve recovery. pam griffin: kelly believes recovery is possible. kelly: i'm kelly ayotte and i approved this message. vo: kelly ayotte says she's on our side, but on our rights, she's squarely with donald trump: trump: planned parenthood should absolutely be defunded. vo: ayotte agrees, voting six times to do just that - defund planned parenthood. be some form of punishment. matthews: for the woman? trump: yeah, there has to be some form. vo: ayotte and trump: wrong for new hampshire women. senate majority pac is responsible for the content of this advertising. this city is it. great food, gorgeous scenery, friendly people. and what's better than doing something awesome in manchester? doing it for free. we hear you. that's why a-a-r-p is hosting fun, free, informative events. like wine tours and movie premieres. plus, we're offering resources to help you and we're finding ways to make manchester even more livable. so if you don't think, "this is right for me" when you think a-a-r-p then you don't know "aarp." josh: in boston, dunkin' donuts paying a pretty sweet tribute to big papi's last season. and doing it in a big okay. they've created a mosaic of david ortiz made completely out of, what else, donuts. on the greenway. for each donut used to create the portrait, dunkin' donuts is also donating 34 cents to the greater boston food bank to support its work within the community. win-win. of ants now on the greenway as well. with a four-game read in their division and 11 games to go in the regular season, red sox are looking great for the playoffs. they'll try to take another step the that direction a win owe oriole tonight. the wildcats men's soccer team off to a great start, six wins in their first seven games. it's really impressive when you beat cornell, they are home tonight with northeastern. >> it's good to be at home, obviously you've got all the home fans and it's good getting a win. we had a long stretch of away games, so it -- >> i think for us it's how well can we recover from the last game and stay true to the little things you've been working on over the past week that have reporter: dartmouth and snhu also home tonight, highlights at 11:00. things heat up tomorrow at the new hampshire motor speedway, some of the highlights for thursday and friday including the hauler parade, that's a fan favorite, when nascar trucks move into the garage area on friday, qualifying for the truck series and also the sprint cup guys. josh: thanks very much. new hampshire obviously famous for its fall foliage, but some of our other colorful plant life uses a different strategy to outside, paula tracey explored a bog filled with car niverous plants. reporter: this quaking bog doesn't have many nutrients to over plants, but that doesn't matter for the varieties that trap and eat insects. you'll fine pitcher plants which trap bugs inside their water centers, and sun dews who grab their food thanks to sticky tentacle tips. can you see them up close tha through the bog. the area used to be open to water thousands of years ago. now moss has covered the surface, but under the green is dark, sometimes deep water. the land is owned by the town and open during the day light hours for anyone to explore, just remember to stay on the boards and probably leave your dog at home for this adventure. for direction to the bog and more about its unusual plant life, go to the escape outside paula tracey, wmur news 9. josh j.: we'll be talking with mike soon, he's out at the new hampshire motor speedway for weather wednesday. today was the last full day of summer and we've got temperatures that resemble that. highs between 75 and 80 degrees all around the granite state. a little something for everybody, because it was drying out there of summer. tomorrow the autumnal equinox gets going, and what does that mean? tomorrow morning at 10:21 that's when fall officially begins. what does that mean, why do we say fall officially begins? it all has to do with the tilt in our axis of our earth and how it's aimed at the sun, as the earth revolves around the sun at but right now it's lined up so the direct race of the sun are right on the equateor, and that means roughly equal days and nights. that's why it's the equinox and it's roughly the same amount of light versus darkness tomorrow, and that's then we start to go the other way. then the sun angle starts to go farther and farther south, and that's why we start to get cooler each of the next sev 40's right now. they're going to go up a little tomorrow and a little friday, but not really all that much. they'll stay fairly dry. check out how they really drop next week. guess what, the temperatures do too, through the weekend and upcoming week. if you like the dry air, it's here to stay for a while with the exception of slightly higher dew points the next couple days after today. we have a lot of sunshine, high thin clouds in the southern part of the state, they'll be passing the great lakes region, that's the buffer zone between the warm air and the cooler air. so the warm air here tomorrow, then the showers with the cold front on friday, in some spots, and much much, much colder air that rolls in for the weekend and especially into next week, second half of the weekend, sunday, monday, tuesday, much of members week, 50's and 60's for highs. here's future cast showing mainly clear skies, just a few clouds out there tonight. tomorrow more sunshine around and as we head into friday, we start off the day with the front showers around, especially in the northern half of the state. southern half of the state showers could dry up, but some of our computer models are still keeping showers around in that region as well. so there's a 40 or 50% chance of showers in southern new hampshire on friday as well. look at the difference behind it. plenty of sunshine, a beautiful fall-like weekend on the way with temperatures much cooler in the 40's and 50's. josh: thank you. if you're dreaming of a white christmas, you're in luck. farmers almanac is saying about the upcoming year. josh: and a special project to protect the final resting place narrator: over and over it's been their agenda: anything to defund planned parenthood. kelly ayotte and washington republicans voted 6 different times to defund planned parenthood. they're on a crusade to block services new hampshire women and families depend on: cancer screenings, birth control, basic women's healthcare. kelly ayotte and washington republicans have put defunding planned parenthood at the top of their agenda... and it's time for that to change. i'm maggie hassan jean: the old farmers almanac published in dublin, new hampshire has issued its outlook for 2017. josh: according to the almanac, this winter will be a traditional new england winter they predict the first snow as soon as mid-november. the forecast also includes a white christmas followed by more snow. >> the big news is the blizzard in february, this will make it a winter to remember, this is what people will be talking about for a long time. that snow is going to stay on the ground right through march until the april showers melt it away. josh: we need the rain any way. the almanac studies sun spots, meteorology, history, they say their forecasts are about jean: and fun to look at every year. colin van ostern: i know from my own life the difference a college education can make. narrator: colin van ostern. the son of a single mom, he went to college on student loans, became a stonyfield business manager responsible for a hundred million dollars in revenue. then, a top executive at southern new hampshire university's college for america. colin van ostern: most of our students graduate debt free. josh: now at 6:00 the fight over a victim's right to privacy heard by the state's highest court. the unprecedented request today ahead of seth mazzaglia's murder appeal. jennifer: new details about the civil lawsuit against st. paul's school, how long it could take to hear the case filed by the victim. >> guilty, your honor. josh: plus a man about to go on trial for sexually assaulting a child pleads guilty. josh j.: the warmer temperatures that arrive this week aren't done yet, when we turn down the thermostat in a big way. >> no one covers new hampshire like we do. now wmur news 9 at 6:00. josh: tonight the new hampshire supreme court is considering an issue that could impact victims rights on thank you for joining us, i'm josh mcelveen. jennifer: i'm jennifer vaughn. lawyers for the family of murder victim lizzi marriott want her sexual history kept private during her killer's appeals process. they say revealing it could prevent future victims from coming forward. wmur's andy hershberger is here with more. reporter: prosecutors say this is a unique case and historic steps need to be taken to protect a victim's privacy. i it's a case that could have 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.