Fri 25-JUL-2014 11 P.M. News Script

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Good evening. I'm Keith McGilvery. A 2-year-old Shelburne boy is dead and tonight his mother's boyfriend is charged with the toddler's murder. Kyle Midura has the chilling details from court.

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(nats) After he walked into Chittenden County Superior Court, prosecutors charged 26-year-old Josh Blow of Shelburne with second-degree murder. Prosecutors say Blow gave five differing accounts of the circumstances that fatally injured his girlfriend's toddler -- Aiden Haskins. (Nats - not guilty) ((13:30 - :35 - TJ Donovan This was not an accident, this was intentional, and we've charged him with murder)) In every account, Blow allegedly told investigators the baby fell. But in some tellings, they say HE claimed to fall as well, landing on Haskins. Medical experts say those explanations don't match the child's cracked skull, compressed vertebrae, kidney problems, and significant bruising. The baby's biological father defended Blow in an online social media post, stating Blow loved and cared for his son as if he were his own. Investigators say cases like these are difficult to process. ((23:54 - :07 Det. Morgan Lawton - Chittenden Unit for Special Investigatons One of the unique challenges of it - again - is the seriousness of it. that it involves young children. Many of the poeple involved in investigating and treating this child are parents themselves, so it can be personal)) The Department for Children and Families looked into the toddler's family situation more than two years ago, following Haskins' birth. However, social workers closed the open case -- which indicates the child did not get pulled from the home -- well before Josh Blow entered the picture. The toddler's mother says the pair have been dating for about six months. ((27:46 - :53 Commissioner Dave Yacovone it's a good assumption that if we closed the case, the issues that might have been there wre dealt with or we wouldn't have closed)) Commissioner Dave Yacovone says he can't say much more than that. He has asked lawmakers for greater ability to divulge case details, as part of a review focusing on child deaths earlier this year where the department has had recent involvement. If Blow is convicted of the second-degree murder charge, he faces life in prison and a mandatory 20 years behind bars. His criminal history contains several drug charges, but none for violent offenses. It's unclear what led social workers to initially become involved with Haskins more than two year-ago, Prosecutors would not say if the mother has a criminal record. Kyle Midura -- channel 3 news - Burlington.

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It was stunning news for the friends and family of Terry King -- a murdered North Clarenden woman. A federal judge has tossed out the conviction for the man police say killed her. As Kristin Kelly found out a misbehaving juror was to blame.

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(( 0047, Bob Maxham/Victim's Brother In Law: Its like a nightmare that never goes away, you just get to thinking things might be normal - and pow, up it comes again 0056, )) Bob Maxham says he's been quiet during the 14 years since his sister in law Terry King was murdered. But for his wife Barbara Tuttle -- and the rest of King's loved ones -- he says he cannot be quiet anymore. ((0022, It just boggled my mind 0024, I couldn't believe they were going to put this - put these people through this again 0028)) The ruling Thursday -- throws out the 2005 conviction of Donald Fell -- who was on death row for kidnapping King outside the Rutland Price chopper in 2000 then killing her as she begged for her life. Judge William Sessions finding that revelations after the trial - that a juror went to the crime scene - and told jurors information not presented at trial -- undermined the verdict -- writing: GFX: "Juror 143 violated the fundamental integrity of Fell's trial by deliberately undertaking an independent investigation." Fell's legal team - which worked to uncover the juror misconduct -- told us in a statement that: GFX: "We are extremely gratified by the Court's decision to grant Mr. Fell a new trial. " ((01:00, Marselis from show: Terry's King's family calls it justice.)) When the jury came back with the death penalty verdict in 2005 -- King's family thought the 5 years of legal wrangling then -- had been long. (( from same show barbara: 0253, I thought of my sister, at that moment - and i just became overcome with emotion, because i said - this is for you terry 0303)) Barbara is recovering from surgery - and declined to talk about the new ruling on camera. But her her husband spoke for her -- blaming the judge. ((0407, Bob Maxham/Victim's Brother In Law: if it was his wife that was kidnapped and butchered you can bet he'd feel different about it 0414, )) While Judge Sessions presided over Fell's trial that ended with a death sentence -- he had earlier ruled the death penalty unconstitutional. King's sisters were outspoken proponents of the death penalty for Fell. And Maxham says it is not likely they would agree -- if prosecutors try to avoid another trial -- by making a plea deal that does not include death. ((0250 Bob Maxham/Victim's Brother In Law: the family of course they want to see him put to death. I guess its how strong are they? How much more of this can they take? But they really have to take it, what are they going to do? 0304, )) ((Kristin Kelly reporting: We reached out to US Attorney Tris Coffin to ask about what his plans are now - but have not heard back. Kk ch3 btv))

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Kristin spoke with former federal prosecutor Jerry O'Neill to get his reaction to the jury misconduct.

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(( 00423, O'Neill: When you read the case there is no doubt that judge sessions made the right decis 100427, there is a piece in his opinion where he references a supco opion 100433, which says death is different 100435, in the federal system and the thoughful states like new york, 100440, if youre going put someone to death - you have a lot of procedural protections 100443, Once someone's dead - you cant set aside the conviction 100447, and when you read through the opion and you see what this particular juror did, the underlying conduct and how he lied to the court about it, its difficult not to reach the conclusion 100458, Kristin Kelly: And explain what is so egregious about what the juror did 100502, O'Neill: well the juror did as reported in the opinion several things 100507, the prnicipal one of which is contrary to specific instruction from court he went down and did his own investigation 100512, he went down to the scene looked at it came back and told other jurors about it 100517, provided an affidafit after trial then lied about it in court 100522, ))

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O'Neill also said this is the first time he's ever heard of a juror conducting his or her own investigation.

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A Burlington man accused of trying to kill his wife is not getting a new lawyer. James Scarola is charged with aggravated attempted murder after prosecutors say he beat Colleen Bray Scarola in the head with a baseball bat. Today he was in court arguing that he needs a new lawyer -- because he and his attorney -- Sandra Lee -- have failed to communicate and that there's lack of trust between them. Lee told the court she's regularly communicated with her client.

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((James Scarola "I find Sandra Lee's counsel ineffective. I believe the same bias that created angry mobs at my arraignment court, crowds that prevented me from attending and contending my bail hearingin the first place have compromised my counsel.)) ((Judge Michael Kupersmith, Vermont Superior Court "I think that the defense is working rather expeditiously to get this case ready for trial and you may not get all the information you would like, it's difficult from both ends.)) Judge Kupersmith denied Scarola's request -- and says he hopes the trial starts in November.

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New details about the future of Big Blue. Bloomberg News is reporting IBM's talks are off to unload its chip-making business to Globalfoundries. The two were considering a possible deal -- which would likely have included the plant in Essex Junction and its 4-thousand workers. Bloomberg says the tech giants could not agree on terms -- and talks have ended.

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Seven people need to find a new place to live following a fire in St. Albans. The blaze broke out here at 12 Edwards Street around 6-30 tonight. Fire officials say flames ripped through all 3 apartments in the building. A number of folks were home at the time but no one was injured. The cause of the fire is under investigation but authorities believe an electrical problem may be to blame.

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Mainly clear tonight, though still a bit of haze due to smoke from wildfires in Canada.

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Fans of 80s music were in for a treat in Rutland. The band "flock of Seagulls" was the headliner tonight as part of the Downtown Rutland Summer Series. Mike McCune talked with lead singer Mike Score about his signature hairstyle on today's :30.

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((Mike Score, Flock of Seagulls "I was a hairdresser before I got into music, I worked with a lot of musicians doing their hair and stuff and when I went to see these bands, I said I can do that, the guys look great under the lights. I was a bit of an alien so that hairdo came about accidentally but it had a life of its own.)) The British new wave band rose to fame with hits like "I Ran" and "Space Age Love Song."

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Still ahead -- After weeks of deadly violence in the mideast will a ceasefire finally take root? And -- police say he used a toy gun to rob a Colchester bank. Plus --If you plan to hit the links this weekend you may have some tough competition. (26:40 Judy Currier)(("Because it's a challenge. I always want to be able to par this hole.")) Alex Apple introduces us to a Vermont woman finding success on the course with just one leg. Her inspiring story when we continue.

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Israel and Hamas have agreed to a 12-hour ceasefire. The temporary truce begins in about two hours, but Israel says it will continue to look for what it calls "terror tunnels" between Gaza and Israel. Alphonso Van Marsh reports.

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U.S. SECRETARY OF STATE JOHN KERRY LEFT THE MIDDLE EAST FRIDAY NIGHT WITH THE PROMISE OF MORE PROGRESS. (SOT) "we still have some terminology and the context of the framework to work through. But we are confident that we have the fundamental framework that can, and will ultimately, work." *NATS BOOM* BUT THERE WAS NO LET-UP IN THE VIOLENCE FRIDAY. ISRAEL SAYS IT LAUNCHED AIRSTRIKES AT 80 TARGETS IN GAZA. AT LEAST 30 HOMES WERE HIT, INCLUDING THIS ONE, WHERE A HAMAS LEADER AND TWO OF HIS SONS WERE KILLED. ISRAEL SAYS HAMAS FIRED 50 ROCKETS AT THE JEWISH STATE, AND HIT AT LEAST ONE HOUSE. STREET-LEVEL FIGHTING CONTINUED IN GAZA AND THE WEST BANK, WHERE PALESTINIANS BATTLED ISRAELI TROOPS WITH ROCKS AND FIREWORKS. AT LEAST SIX PALESTINIANS WERE KILLED BY ISRAELI GUNFIRE. (STANDUP BRIDGE:) ISRAELI ARTILLERY CONTINUES TO FIRE TOWARD GAZA TONIGHT, FOLLOWING A LULL IN THE FIGHTING FOR SOME ISRAELI TROOPS. "ISRAELIS TOOK ADVANTAGE OF THE QUIET MOMENTS TO BRING FOOD TO THEIR FAMILY MEMBERS IN UNIFORM. "I AM HERE TO CHEER THE SOLDIERS UP AND GIVE THEM WHAT THEY NEED," THIS WOMAN SAYS. "IT ISN'T ABOUT HOW I FEEL." THIS FORMER SERVICE MEMBER AGREES. ((SOT: Itamal Amal, lead convoy of troop supporters)) "all this nation is one family, and nobody can break us." BUT WITHOUT A LONG-TERM CEASE-FIRE, THERE WON'T BE MANY BREAKS LIKE THIS ON EITHER SIDE. ALPHONSO VAN MARSH, CBS NEWS, SDEROT, ISRAEL.

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A Colchester police officer -- was tracking a suspected bank robber -- BEFORE he knew the bank was hit. Police say the Merchants Bank on Porters Point Road in Colchester was robbed by a man claiming he had a gun, who then took off on foot. About that time Corporal Michael Akerlind noticed something suspcious.

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((8:28-Cpl. Michael Akerlind/Colchester Police Dept.: "While on patrol today in the area of Bissett Drive in Colchester, I observed a person running away from the Merchants Bank, thinking that it looked suspicious, I followed the person watching where he was going in the meantime our dispatcher began receiving calls from the bank indicating that a robbery had taken place. I was going out with this individual and made an arrest at that time.")) Police identified the suspect as 31-year-old Erik Weinmann of Colchester. They say he used a toy gun in the robbery. The stolen money was recovered.

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High pressure gave us another beautiful day today, although you may have noticed some haze in the sky...it was due to smoke from wildfires in Canada. The smoke is expected to dissipate tonight. A frontal system will approach the North Country Saturday, and there will be the chance for some showers and possibly a few thunderstorms to be reaching northern New York during the afternoon, and over spreading Vermont from west to east Saturday night. The front will stall a bit, which means there will be some scattered showers and possibly thunderstorms on Sunday, with showers and thunderstorms likely on Monday. Tuesday we'll see the sun breaking through, but there will still be the chance for some showers. High pressure will build back in Wednesday and last through the end of the work week, bringing us cooler and dry conditions for the second half of the week.

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A Vermont woman refused to let cancer -- and another disease -- keep her away from golf course. Alex Apple has her story.

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Judy Currier is a self-described tom boy. She loves to ice fish -- drives a truck -- and spends many days working the land on her tractor. She's also at peace on a golf course. It's her outlet, and for 40 years, Judy Currier has conquered hole after hole. Unlike most of us though, when she finishes a round now at Barton Golf Club, she's labeled as a hero and an inspiration. Other golfers are so impressed because Judy finds her success while playing on just one leg. (NATS 16:04 Judy Currier)(("I'll take that one.")) In 2012, Judy was diagnosed with necrotizing fascilitis -- a skin eating bacteria. (35:53 Judy Currier)(("I had mowed my lawn that day and I felt a pain in my groin and I didn't think anything of it. Just thought I had pulled a muscle. Went to bed that night and during the night my leg was getting worse and worse and worse until I couldn't stand it. So I drove myself to the hospital.")) Currier slipped into a coma -- one that lasted 10 days. Already battling breast cancer, Judy received some news even more devastating. She'd lost her left leg and hip. (38:04 Judy Currier)(("I said well is there any way I can get a prosthetic, and he didn't think so, so that means I'm gonna be in a wheelchair the rest of my life, and he said probably.")) Judy credits an unbreakable bond with family and friends for keeping her alive. (39:12 Judy Currier)(("Every day, every day someone from the family was there. So if it wasn't for them...The hospital called me a miracle because they didn't expect me to live, but I always said it was my family that pulled me through.")) (James Ingalls 53:09)(("Amazing. She's an amazing woman.")) With the help of a special cart that carries her and readies her for each shot -- Judy and her friend Bonnie -- who puts down her tee -- rarely miss a chance to play. (53:32 James Ingalls/Golf course friend)(("Whenever we're having a rough day, with whatever we're doing, we can look at a lady like Judy and see how she's bounced back from the hand that she was dealt.")) Perhaps unsurprisingly considering her strong will, Judy's favorite hole at Barton Golf Club is number 13 -- the hardest hole on the course. (26:40 Judy Currier)(("Because it's a challenge. I always want to be able to par this hole.")) So don't tell Judy Currier she can't. She's proven many times -- she can. (41:50 Judy Currier)(("There is nothing I can't do, I don't believe.")) Alex Apple. Channel 3 News. Barton.

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Four years into her Symetra Tour run, Shelburne's Molly Aronsson is starting to put it together... The Rice graduate picked up her first career win last month and this weekend in Albany is trying to prove her L-P-G-A dream is as real as ever.. Scott Fleishman has more from Capital Hills... (((When a local women wins on the Symetra Tour this is what happens, you get a personal photographer for the first round of your next tournament. (((Molly Aronsson said she wanted to back up her win last month with a win this weekend in Albany. Her putter wasn't very cooperative during the first few holes. She lips out the birdie attempt on 2 then just misses the par putt on 5 moving to the back 9 at one over.))) (((She turns it on from there. On the par 5 10 check out the great shot out of the bunker. Aronsson is able to save par. Then on the par 4 11, watch this approach shot by Aronsson it stops just as few feet from the cup. She birdies 11 then birdies 12 moving to one under. After a bogey on 15, the Rice grad answers back on the par 4 17 first a terrific tee shot in the middle of the fairway sets up this great second shot.))) (((It gets up on the green a few feet from the hole. Aronsson sinks the birdie moving back to one under. A bogey on 18 means Aronsson ends her first round even. She's a few shots off the lead, but The Shelburne native is pleased with the round considering the circumstances.))) (((Molly Aronsson/"I really wanted to shoot in the 60's, I can't complain after having a break and a little time off. For the first nine holes it was a little bit of a struggle. I was hitting it well I wasn't putting well at the start. I had some bad breaks, some lip outs. I changed balls, pretended it was the ball and was able to make some birdies so I was really happy with the way I came on strong after that."))) (((Coming up on Monday we'll get more into Molly's journey from state champ to a win on the Symetra tour as well as her possible LPGA future, but first she's got a tournament to try and win this weekend. At Capital Hills in Albany, Scott Fleishman. Channel 3 sports.)))

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Lets head inside to the Essex Skating Facility for the Montreal Junior League Lacrosse Finals... The Vermont Voyaguers hosting the Montreal Shamrocks in Game 1 of their best of 3 series .. Vermont undefeated coming in and they want to stay that way ... --- Second period, it's a 5-2 Voyageur lead... Former CVU standout Lawrence Dee, playing like a G... First the laser to make it a four-goal game.. --- Shortly after on the run, Dee with the fake and far side snipe for his fourth of the game .. --- After a Montreal dally... It's Umass product Kurt Hunziker with the howitzer off the bounce pass... Vermont wins game 1, 11 to 7... They can clinch their first title with a win tomorrow in Montreal ...

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Benches beware, Red Sox & Rays opening a 3-game set at the trop ... --- Good pitchers duel between southpaws Jon Lester & David Price ... However, this one more about clutch hitting... Sox down 2-1 in the 6th... Sweet revenge for David Ortiz, with the RBI single... --- Later in the inning, Shane Victorino gives Boston the lead with the base hit up the middle... --- Lester in line for the win... But in the 7th, the sox pen implodes.. Junichi Tazawa gives up a bases clearing double to Evan Longoria... That's the game... Red Sox fall to Tampa Bay, 6-4.

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Big 3 game set in the bronx... Yankees hosting the Blue Jays .. --- New York hasn't lost to Toronto at home in 16 games or to pitcher Mark Buerhle in a decade... They weren't about to start tonight ... Trailing 3-nothing, the bombers strike for 6 of the final 7 runs... --- Four of those in the third... First Carlos Beltran... Later in the inning, Ichiro Suzuki with the big blow... A three-run Sayonara to right field... Yankees down to Blue Jays, 6-4 as the streak hits 17.


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