Thu 23-JUN-2016 11 P.M. News Script

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Good evening -- I'm Keith McGilvery. And I'm Eva McKend. They are chilling allegations of animal cruelty. Tonight Lynzi DeLuccia with the video at the heart of the investigation -- a warning tonight -- some may find it disturbing.

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((Christa 17:54-18;02 "right under there is where she was hiding, right under the table.")) Christa Housman says this is where her friend's dog hid on Tuesday during a dispute that she caught on camera. ((Christa Housman//Captured Video 8:47-8:58: 'I hear my door open, it squeaks so you can hear it, and I didn't think much of it, I thought it was my friend, and I hear little paw prints coming through and I think 'oh that must be Lulu.'")) Lulu is a 13-year-old poodle, who was owned by Housman's friend Joanne Drew -- and Drew's ex Cliff Cyr. The couple lived together in the upstairs apartment, but split. Cyr kept the dog. But Lulu wandered down to Housman's apartment -- where Drew is now staying. ((Christa Housman 9:56-10:07: "Cliff comes out of his mom's house and sees that the dog is up on the porch and he yells for her, and I said oh, I can see the look on his face.")) That's when Housman began this recording. ((video nat sound)) ((Christa Housman: 11:22-11:32 'He comes up on the porch, he grabs the dog by the throat, and he picks it up in the air with one hand, and the look on his face is almost like he's enjoying it.")) Housman and Drew called the police and showed them this video when they got there. ((Chief Christopher Brickell//Brandon Police Dept.: 23:40-23:49: "From a legal standpoint, based on what I observed in the video, we drafted a charge of cruelty to animals and disorderly conduct, and that's being submitted to the prosecutor's office.")) Police required both Cyr and Drew to relinquish ownership of Lulu - though the dog was never registered under the town nor given necessary shots - ((Chief Brickell 24:38-24:31: "to the best of my knowledge, it hasn't seen a vet since 2010.")) Chief Brickell brought Lulu to the Rutland County Humane Society, where she remains. We spoke with the humane society staff, who told us right now, there don't seem to be any signs of abuse, and the dog is doing well and they hope to adopt her out. Meanwhile -- the video that Houseman captured is going viral. Lynzi DeLuccia -- channel 3 news.

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Cyr is being arraigned in Rutland tomorrow.

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Evidence tossed in the case of a former Burlington cop charged in a deadly D-U-I crash. Our Eliza Larson joins us live with the details. Eliza? Police say 31-year-old Leanne Werner crossed the center line last July in St. Albans -- colliding with an on-coming car That collision killed the other driver -- 74-year-old Omer Martin. Werner was arrested for DUI with death resulting after a breath test put her just over the point-oh-eight blood-alcohol limit. But the judge tossed the results of that test for two reasons -- one, because it was taken before she was read her rights -- and two, because a crash alone is not enough evidence -- to suspect a driver of being drunk. Evidence collected AFTER she was read her rights is still admissible. And so the case continues. Eva.

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A number of staffers left the Clinton Correctional Facility in lieu of other discipline following last summer's prison escape. New York corrections officials say nine guards, officers and civilian employees resigned or retired instead of facing punishments after Richard Matt and David Sweat got away. Nine other staff agreed to discipline ranging from temporary suspensions, fines and lost benefits -- to probation. Nearly 20 others got counseling and retraining. Three are still suspended.

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We are now hearing from the Hinseburg police chief just a day after learning a woman is suing officers for using excessive force. We're also getting a first listen to the 9-1-1 call from the night of the incident in question. Alex Apple has the details.

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((NAT What's your emergency)) The 9-1-1 call that brought officers to this Hinesburg home in early May -- proves Hinesburg officers Jeremy Hulshof and Cameron Coltharp were responding to a domestic violence call. ((First 9-1-1 call - 00:20 Dispatch - What's going on? Lori Ann Carron: Nothing is going on. Husband: Bullshit send em back. You're threatening me.)) The woman heard on the tape is Lori Ann Carron -- a 50-year-old with mental health issues. Her husband arguing with her in the background She is now suing the officers in federal court alleging that they used excessive force in this encounter (NAT from body cam footage)) ...then falsified a police report afterwards. ((Hinesburg Police Chief Frank Koss 01:01:11 Apple: In your opinion, did these officers act inappropriately at all? Koss: The only reason I cannot say right now is because I'm doing an internal investigation, and part of this is talking with the officers.)) The officer that grabbed Carron wrote after the incident - "As Carron flailed around, her feet came out from under her, causing her to fall forward and I followed her to the floor." Hinesburg Chief Frank Koss defended his officer from the allegation of intentionally making a false report. ((Chief Frank Koss Hinesburg PD 01:01:36 A police report is a perception by the officer of the events. You can put four police officers in a room with the same event, you'll get four different reports.)) Brooks McArthur is Carron's attorney: ((Brooks McArthur 22:38 To suggest in their report that she was resisting, it's clear that they were attempting to cover up what it was that they had just engaged in. It's clear that they knew what they did was wrong.)) Hinesburg officers had visited Carron's home twice before May 6th -- both times for mental health calls. Coltharp and Hulshof were trained to handle a mental health crisis -- just as every officer in Vermont is. The Chittenden County Prosecutor -- looking into the encounter -- says more training may be necessary. ((TJ Donovan/Chittenden County State's Attorney 32:03 We're concerned. You really have again this nexus of law enforcement and mental health coming together in a way that did not work out well for the citizen.)) Donovan says he'll decide whether to take action against the officers by early next week. He admits police are often not the best to respond to a mental health crisis -- but many times they're the only option. ((TJ Donovan: Does it mean more training for police for dealing with folks with mental illness? Absolutely.)) ((Donovan: 33:26 At the end of the day, being mentally ill is not a crime.)) Alex Apple Channel 3 news -- Burlington

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The largest service provider for domestic abuse victims in Vermont is changing its name. Women Helping Battered Women is rebranding itself to now be called Steps To End Domestic Violence. The group's been working on a name change for 10 years. Administrators say the organization addresses all forms of abuse between intimate partners -- regardless of gender identity or age. They say the old name made it seem as if they only helped women -- a misconception of domestic violence they'd like to change.

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((TC 28:18:01 Title 2391 Kelly Dougherty/Executive Director: "it does have a negative connotation which is not very aspirational. It also implies that we ony serve women which is not the case." 28:27:09)) The new name will take affect on Monday. The group's website will change over the weekend.

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Police say they found a St. Albans man unconscious at the wheel. According to authorities, he was in a large dump truck -- in traffic, suffering from a overdose. This was at the intersection of Route 104 and the Exit 19 access road Tuesday -- after the truck crashed into a van at the traffic light. 29-year-old Joe Shepard was not breathing behind the wheel. Officers administered naloxone -- immediately reviving him. He received further treatment at the hospital -- and was then arrested by police for DUI-drugs.

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We have a traffic alert to tell you about tonight. Road work is underway along North Avenue in Burlington. Crews are slated to work the overnight hours today and tomorrow working to repaint roadlines. The four lanes are being reconfigured down to three and bike lanes are being added as part of a pilot project to improve transportation in the area. The new traffic pattern goes into effect Friday morning. Drivers are being encouraged to stay alert.

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Current Temps: After topping out in the 70s earlier today, temps have cooled quickly this evening. Rad/Sat: The reason is that mostly clear skies and light winds are in place thanks to high pressure. Forecast: Temps will bottom out around 45/55 overnight. And with lots of sun on tap for Friday, temps will rebound to around 75/82. Full weather is coming up in just a bit.

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An eight year old boy died Thursday after being swept away by swift water in West Virginia. This comes after bands of strong storms pounded the Charleston area with heavy rains and whipping winds. Another boy went missing...today he's estimated to be around between two and four and was playing in the water when he was swept away. A state of emergency was declared in 44 counties in the state.

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The nasal spray flu vaccine should get the ax -- according to the CDC. A committee there announced its vote yesterday saying data shows the vaccine was not effective enough during the past few flu seasons. About a third of children get this vaccine to avoid the shot. Experts say since orders for flu vaccine are already placed, pediatricians may have a hard time meeting demands next season.

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Today marks a special day in Vermont's history -- and the state is taking the time to celebrate. Governor Peter Shumlin proclaimed June 23rd Ethan Allen Day in Vermont -- formally recognizing Allen's role as a founding father of this state. More than two hundred and forty years ago -- the Continental Congress recognized Allen for leading the Green Mountain Boys to victory at Fort Ticonderoga. Now -- the state is honoring his legacy.

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((TC 07:28:21 Willard Sterne Randall/Historian: "This is how most Americans lived. And Ethan Allen was more representative of the founders than George Washington. 07:37:00)) ((TC 01:05:25 Title 2311 Daniel O'Neil/Reinactor: "a real view of what it really felt like to live in the 18th century." 01:12:13)) The weekend-long celebration will take place at the homestead -- where Allen lived out the last years of his life.

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Still ahead-- Voters in Britain deciding whether or not to leave the European Union. Plus -- Could adding Bernie Sanders to the ticket bring a boost to Hillary Clinton's campaign? And What would a nation wide GMO law mean for Vermont's own labeling bill? Also -- A legendary rock and roll song at the center of a lawsuit -- we'll have the results.

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Will they or wont they? Voters in Britain headed to the polls to decide if the United Kingdom should remain part of the European Union or leave. The results will not be known until the wee early hours of Friday morning -- when the fate of a nation will be decided for generations to come. The opinion polls are calling it too close to call. The Prime Minister has lobbied hard for Britain to remain in the union.

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In the pursuit of the presidency, Bernie Sanders as a VP pick could provide a boost to Hllary Clinton's ticket -- according to a new poll. The Monmouth University Poll tested 12 possible vice presidential picks ... Six on each side. It shows Sanders could attract undecided voters for the Democrats. On the Republican side ... The poll indicated that Sarah Palin could potentially hurt the GOP ticket.

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Meanwhile -- The push is on to keep Bernie Sanders' political revolution moving. The organization Rights and Democracy formed to combat what it says is the influence of money in politics. Some of its core goals line up with those of Senator Sanders -- like ensuring that workers earn a livable wage and accessing quality healthcare and higher education. Tonight the group held a concert at Higher Ground in South Burlington to attract folks to their mission.

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((TC 33:36:01 Title 2392 James Haslam/Rights and Democracy Executive Director: "Bernie, we think is still the best candidate to take on Donald Trump nationally. He's done extraordinarily well with all the cards stacked against him. But what he started with his campaign is only just beginning." 33:50:10)) The event was packed with a mix of area musicians including Dwight and Nicole, Myra Flynn, and Craig Mitchell. Ben Cohen and Jerry Greenfield of Ben and Jerry's were also slated to address the crowd.

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A nationwide GMO Labelling law could be in the works -- just one week before Vermont's law takes effect. Vermont's law requires any foods made from genetically modified ingredients to be labeled. Now leaders of the Senate Agriculture Committee say, they have reached an agreement that would call for a single labeling standard across the country. Food producers and retailers -- who have challenged the Vermont law in court -- prefer the national approach.

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((Dick Mazza/Owner Dick Mazza's General Store 00:16 I hate to say I was one of the people in Montpelier involved in this decision because I didn't believe it would work being the only state to be first.")) ((Jim Harrison/Vermont Food and Grocers Association 39:35 the challenge is when you do a law like GMO lableing for just one state like Vermont, there are going to be issues where some manufacturers do not change their labels just for one state.)) The deal still has to be approved by both the House and Senate. That won't happen before Vermont's law takes effect next week.

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An update to a lawsuit involving one of rock and roll's best-known ballads.... ((natsnd Stairway to Heaven)) Today a federal jury in Los Angeles ruled that Led Zeppelin did NOT steal the opening to "Stairway to Heaven." The verdict settles a point that music fans have debated for decades. The trust -- for the late songwriter Randy Wolfe -- claimed Led Zeppelin guitarist Jimmy Page and singer Robert Plant stole a riff from Wolfe's 19-68 instrumental "Taurus." University of Vermont music professor -- Alexander Stewart -- testified during the trial -- for the plaintiffs -- about similarities in the songs.

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Currents BTV: Temps have been quickly cooling off this evening under mostly clear skies and light winds. Headlines: High Pressure Rules The Next Few Days. Sunshine, and warmer temps result. Unsettled early next week. Current Temps: Many locations are falling back into the 50s right now. Rad/Sat: Thanks to high pressure, we have mainly clear skies in place. This high will be sticking around right through the weekend! Clouds/Precip Forecast: Mostly clear overnight with lows fallling to around 50, making for great sleeping weather. Lots of sun will get us to near 80 tomorrow. The sun continues on Saturday too, with highs in the 80s. Forecast: Tonight: Becoming mostly clear. Patchy fog. Lows: 45/55 Wind: Light Friday: Mostly sunny. Highs: 75/82 Wind: Variable 5-10 mph Friday Night: Clear & comfy. Lows: 48/58 Wind: light Saturday: Mostly sunny. Highs: 82/88 Wind: Variable 5-10 mph Extended: Saturday night: Lows: 52/62 Sunday: Mostly sunny. Highs: 85/92 Lows: 58/68 Monday: Partly sunny. Chance showers, t-storms. Highs: 75/85 Lows: 55/65 Tuesday: Partly sunny. Chance showers, t-storms. Highs: 70s Lows: 50s Wednesday: Partly sunny. Highs: 65/75 Lows: 45/55 Thursday: Partly cloudy. Highs: 70s

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Some mini-beekeepers were busy today. About a dozen kids from the YMCA visited Champlain College's beehives! They got to visit the hives -- and learn about the bee colonies. Program leaders say it's important kids learn about how bee populations are being affected.

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((TILE 9441 06:47:03--06:53:09 Dean: "It was great!" "Why was it great?" "Because I got to see the bees.")) ((butted)) ((TILE 9442 08:38:11--08:47:17 Kristin Wolf/Asst. Professor, Champlain College: "bees right now are in a kind of precarious position. We've had a problem with colony collapse disorder, and there's lots of environmental insults that are a problem for them right now.)) As you can see -- the kids even got to wear mini bee suits, thanks to a grant from the New England Grassroots Environmental Fund.

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Former Miss Teen Vermont has been cast in a hit show on FOX. Maggie Geha (gee - ah) -- is set to play the role of Poison Ivy in the show Gotham. She won the Miss Teen Vermont title back in 2004. She's originally from Boston -- but went to high school in Vermont -- graduating from Brattleboro in 2006. She's had a budding modeling and movie career in recent years -- even appearing in the comedy Ted 2.

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Vermont's Lea Davison is heading to Rio. Late this afternoon, USA Cycling named Davison as one of the three members of its Olympic Mountain Biking team. This will be the Jericho native's second Olympic games, competing in London four years ago, finishing 11th in women's cross-country. Davison is a multiple U-S champ, won bronze at the 2014 world championships and earned a world cup silver, last July in Switzerland. Her world cup podium marked the best finish for a U.S. racer in five years.

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We saw Eric Badore cash in during the Thursday night season opener at Thunder Road. Badore was once again in the mix during tonight's week 2 late model feature. The feature was was neck and neck from start to finish at the Nation's Site of excitement. --- "Racin" Jason Allen started on the pole. He'd turn that into a decent size lead over the first 20 laps, but could never quite pull away. --- Matt White of Northfield seizes the edge on the outside on lap 21, but we were still in for a long night. --- A Caution flag on lap 29, gives Allen's 29 car a chance to regain the lead. --- But it doesn't last, Right around lap 30, White to the inside this time, then Badore pushes his way into second. --- But that's as close as Badore gets, White holds him off to take the checkered flag for his fifth career victory.

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((("It's been a while now, it was a drought, but I'm happy. It was an emotional win for me and I'm gonna celebrate this one now. Oh man, it's huge, you just, it brings tears to your eyes. I was sobbing over there on pit road, and I'm not that much of a baby, but it sure did come out.")))

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Local baseball tonight, the Vermont lake Monsters with a 4-3 win at tri city. It's the monsters 3rd straight win. Dakota Chalmers, Oakland's third round pick in 2015, allowed just 1 run in 5 innings for his first career win. --- and in the NECBL tonight, another loss for the Vermont Mountaineers, 5-3 at Keene. The Neers are now 2-10 on the season. Bellows Falls native and Castleton pitcher throws an inning and 2 thirds of scoreless baseball to pick up the save for the Swamp Bats. The Nighthawks were off tonight.

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The Red Sox looking to avoid the four game sweep to the white sox. --- eighth inning, Dustin Pedroia lines a single just over the shortstop. Marco Hernandez scores. We're going to extra innings tied at 7. --- Bottom of the tenth, two on for Xander Bogaerts. The single to center. Mookie Betts running on the pitch comes around from second to score the game winner the Red Sox walk off with an 8-7 win. The Yankees were off tonight.

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The Boston Celtics had 8 picks in tonight's NBA draft. Of course with all those picks, it seemed like a sure thing that the C's were going to do some wheeling and dealing. That really didn't happen, at least tonight. Boston with three picks in the first round including the number 3 overall and with that the C's select Cal Freshman, Jaylen Brown. the 6-7 forward was named Pac-12 freshman of the year averaged 14.6 points and 5.4 rebounds per game. He also has a reputation as an elite defender. --- At number 16, Boston takes 20 year old french player Guerschon Yabusele. He's a power forward that was sitting in the stands when his name was called, meaning he was expected to go that high. --- With Boston's final pick in the first round, number 23 overall, the C's take 6-11 Croatian center, Ante Zizic. The Green have reportedly traded picks 31 and 35 to Memphis for a 2019 first round pick. So they still have 3 left in round 2.


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