Wed 30-JUL-2014 11 P.M. News Script


Good evening and thanks for joining us at 11. I'm Jennifer Reading. And I'm Keith McGilvery. Days after a federal judge overturned a death row murder conviction -- the victim's family is speaking exclusively to Channel 3. Elizabeth Keatinge found out why they don't blame the juror -- accused of misconduct -- in the Donald Fell case -- but the judge himself.


Back in 2005, Terry King's family didn't want to miss a moment of the capital murder trial for Donald Fell. ((Charlotte Tuttle/sister 06:04:32:20 We sat through every minute of this trial, all through the jury selections, through the court, through everything.)) King's sister Charlotte Tuttle, and King's daughters Lori Hibbard and Karen Worcester tell us it was painful to hear about the murder recounted in detail. Prosecutors say Fell and his friend Robert Lee - car-jacked King outside a Rutland Price Chopper when she was arriving for her 4 am shift. But now that a judge has ordered a new trial for Fell - the family says - they will do it all over again. ((Karen Worcester/daughter 06:08:51:15 The only thing that we want is death for Donald Fell. and we will not have any peace until that happens 06:08:55:24)) Tuttle was called by a victim's advocate on July 24th to alert the family that Judge William Sessions ordered a new trial for Fell due to juror misconduct. Lee died while incarcerated allegedly by taking his own life. Sessions cited jury misconduct after juror 143 allegedly engaged in his own investigation of the case and shared his findings with other jurors. ((Karen Worcester/daughter 6:03:52:25 We're disappointed, you know, this has been a long 14 years for our family and we kind of knew in the beginning that this was going to be the outcome. but it doesn't make it any easier. :02)) King's family says they are angry - but not at juror 143. ((Karen Worcester/daughter 06:04:23:03 Judge Sessions should have never sat on this case. and I blame him for this.:26)) Sessions had earlier ruled the death penalty unconstitutional. That ruling was overturned at the court of appeals. The family disagrees with Sessions' giving permission for the defense attorneys to interview jurors - nine years later. ((Lori Hibbard/daughter 06:07:42:02 Because Judge Sessions didn't want the death penalty that he found open opportunities to give the defense lawyers chances to overturn the death penalty and I think that - I just think it's totally unfair. 06:07:57:12)) ((06:17:08:15 Reporter Question: Just so I'm understanding correctly, your feeling is more that this is Judge Sessions' agenda? ALL: Yes. KW: Absolutely. CT: Unanimously, yes. 06:17:19:02)) We reached out to Judge Sessions' office who told us: GFX: He is out of the office...he is not available for comment. ***Jeff Eaton/Clerk of Court*** ((nats court) A legal expert who is not involved in this case said Sessions did what he had to do. ((Jerry O'Neill/former U.S. Atty 100611, He does not want to do it, you can see it in his writing 100614, he references specificaly the family 100617, and the difficulty this is 100618, He feels and I agree w him - he didnt have a choice 100621, the juror's conduct is so outrageous 100623.)) ((nats hugging)) One can see Hibbard, Worcester and Tuttle are a very close family. (video hugging) They say they miss King every day. ((CT 06:18:38:23 It never, ever goes away. I wake up at 4 in the morning, I hear my sister's voice, I go to sleep at night, she's probably the last person I think about. 06:18:44:28)) They say if a plea deal were offered - that is not justice for King. ((Lori Hibbard/King's daughter 06:08:05:21 If we have to do it over again, we will. We're not changing our minds on what we want. We want to see Donald ---Charlotte Tuttle "sentenced to death" - yeah sentenced to death. 06:08:16:17)) ((Elizabeth Keatinge "King's daughters and sister find this time of year particularly painful. It falls near King's birthday - and Lori Hibbard - just found out she will be a grandmother - which would have made King a great-grandmother. We reached out Tris Coffin to see if this juror would be charged and any plans for this case. He did not respond. EK CH3 NEWS Rutland."))


A physically disabled man was rescued from his burning apartment in St. Albans early this morning. Police officers also got other tenants out of the building on South Main Street. They say 11 people were displaced -- and one man is currently in critical condition at Fletcher Allen Health Care. That man is 72 year old Thomas Page--a double amputee--who was on oxygen and alone in the apartment at the time. Officials say he was able to reach a phone and call 9-11-- but by the time they got there, Page had already suffered severe burns.


((00:15:26 Chief Taylor/ St. Albans fire Dept. "There were at least three officers involved in locating him, and trying to get him out, and 00:15:33 they did that at great risk to themselves, the apartment was on fire, there were things exploding as they carried him out." 00:15:44)) There is still no official word on the cause of the fire--but investigators say it may have been started by a carelessly discarded cigarette. But firefighters do say the building--was fully up to code with working smoke detectors.


Thousands in school grant money stolen. Now the former Principal at Readsboro Elementary -- admits he was behind the crime. 41-year-old Michael Heller of Fairfax was principal for two years. Police say he spent the 4-thousand dollars on himself - for things like hotels, meals and shopping. This week Heller agreed to accept an 18-month deferred sentence as part of a plea agreement. He has to complete 100 hours of community service and pay back the school.


Hurry up -- That's the message from New York Governor Andrew Cuomo about making medical marijuana available to children with epilepsy. Right now it's expected to take 18 months for the state to get the program up and running. Many parents of children with the condition say that is too long to wait. Today Cuomo wrote to the state's health commissioner asking if the process can be accelerated. Earlier this month New York authorized medical marijuana for patients with diseases including AIDS, cancer and epilepsy.

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Dan is here, not a bad day today. ((Clouds were mixed with sun, but skies stayed dry. Temperatures will a few degrees cooler than the normal high of 81 degrees. Clouds are on the increase tonight with showers developing west. We'll have the chance for a few showers over our area by Thursday morning.))


Blue Green algae strikes again on Lake Champlain. The Health Department says St. Albans Bay has reported low alert conditions in the Ferrand Road area on the eastern shore of the bay. Toxin concentrations are not high. But in Mississquoi Bay -- large amounts of blue green algae were found last week -- and the health department wants everyone to avoid algae blooms there. We have a link to the Health Department's findings - in the infocenter at wcax-dot-com.


In Burlington -- swimmers got the all clear today. Officials say it's safe to go back in the water at Oakledge Park's Blanchard Beach. It was closed yesterday -- due to elevated levels of E-coli. But new tests show -- it's now okay to swim there.

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Still ahead -- Crowds turn out in Isle La Motte fired up over rising property taxes. And- Attorney General Bill Sorrell takes his fight against hidden charges on your phone bill to Washington. Plus -- Sharon Meyer's taking us high above Fenway Park. :35 "Today is a picture perfect day we've got very gentle winds." Her view from the Hood blimp is coming up! And How did Gina Bullard's face end up on toast? (15:20:15) ((g I sort of look like Michael Jackson)) We'll explain when the Channel 3 News at 11 continues!

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People living in Isle La Motte found out tonight that a 50 percent property tax increase is irreversible. Earlier this month, full time residents saw the sharp increase. It comes following a school board budget deficit and the state having the community make up for the shortfall. At a meeting tonight, members of the school board fielded questions from angry residents who say they're struggling to pay the bill.


(19:30:03)((Upset residents: A lot of people are having trouble getting the money together.... 19:55:24 You're telling me next year my taxes are going to double again?")) (Sarah Peacock/School Board Chair 18:52:05)(("Unfortunat ely there is nothing that we're going to be able to do about this increase in tax rate in the short term.18:52:42 It's all giong to be working, looking forward to next year, evaluating every avenue we have and working with our local governments and local tax payers to get some property tax reform going.")) The tax hikes comes after the community was hit with additional expenses from new students moving into the district and rising special education costs. After two straight budget deficits, the state raised the property tax rate to make up for the shortfall.


Vermont's Attorney General was on Capitol Hill today. Bill Sorrell was testifying in front of the Senate Commerce Committee about cramming. It's when phone companies allow third-party vendors to place charges on consumer phone bills for products unrelated to phone service such as photo storage. Sorrell told lawmakers -- that other states -- should take after Vermont.


((Bill Sorrell / D-Vt. Attorney General: 42:00 "Our state legislature essentially banned all 3rd party landline charges. And then about three years ago our office with other AGs turned to the wireless arena. But instead of going after the third-party arenas we focused on the four large major wireless carriers.)) Federal lawmakers say crammers have bilked -- hundreds of millions of dollars -- from cell phone users.


Tonight we're getting an inside look -- at Sharon's big day - in the big blimp -- high above Fenway Park.


There it is! The Hood blimp! It's time for a big adventure. :35 "Today is a picture perfect day we've got very gentle winds." It was reassuring to meet our pilot, who looked as experienced as he is. 2:24 "Well, i can't count how many Super Bowls I've done, in my 24 year career I've probably don't 15-18 super bowls, Kentucky derbies, Indy 500s, Daytona... I've televised just about evening there is to be done. " The Hood Blimp is huge, about the length of three school buses and it's filled with about 70 thousand cubic feet of helium. 10:38 "Ok. I'm going to have you step right this way." It is roomier inside than I thought, Seats and seat belts for 4 people and room to move around. 17:15 ***beverly tower, blimp zero lima gulf, ready to roll from the blimp site departure into the city. We take off, and yes, there is some bobbing and rolling around. We are definitely on a ship! 21:09 "This is called thermal activity. Do you think that that shopping mall is hotter than this forest? Sure. As we fly over a hot building, you're going to get that bubble. If I fly over to the water, it will be smooth as glass." We did find a smooth route fairly quickly, no need for sea sick medication here. This is a fair weather adventure. 31:07 Here's what happens, is that ice and snow is water weight. And it makes us heavy. .. My closest airport is behind me 7 miles. If it started snowing right now? I wouldn't make that airport. Really? Really." Pilot Terry is taking us to see what he sees, when he flies over Fenway getting us those amazing shots we see during the Red Sox games. 25;00 talking about loading camera gear to go back for the game. "They put a monitor here for me. An uh. I have a ear piece for the director. And can you hear Don and Jerry while you are up here? Absolutely. So you're listening to the game. Absolutely." 27:30 "When were not actually in the game, we're looking for beauty shots. . Soon, the skyline of Boston gets closer. 44:40 me There it is! Fenway park! What a thrill to circle around Fenway park and hover for awhile to get some photos! On our way back, we headed east to the coast, where the sailing was smooth and the scenery were spectacular! 59:00 ".. I'd like to give you the opportunity to do my job, Noooo! Yes!! Come on Sharon. You can do it! Really? It's pretty easy. I trust you. So with the encouragement of both Pilot Terry, and photographer Shelly Holt Allen, I got into the pilots seat! 1:00:16:28 Again the conditions are ideal to do this, because the only thing that will happen out overt the water is we'll make a splash. "Take your seat belt off take your headset and lay them over there. Put your headset on for me, put your feet on the pedal.push your pedal hard left,I need you to go that way. That's good now straight ahead. Oh oh oh. Straight ahead, hard right, pedal hard right. There you go, there you go. Now see the end of that island right there, you keep the end of the island between the ropes." Unbelievable! I am flying the Hood blimp! It's never even occurred to me to put that on my bucket list! 2:27:28 "Ok,now you can put your hands on the wheels. And this little leather tab right here, that's where your neutral position is, the inclinometer here, that's like a level, that let's me know the ship is level" And if you feel adventurous, you can roll the wheel up a little bit, come on. Come on. You're at 600 feet, I'm going to let you come to 7. Ahhhh! Your doing fine. Woah woah woah. I have to admit, it was a blast! But it was also nice to hand it back over to a real pilot so I could enjoy the view below. These are scenes you don't get to see quite like this, any other way. It's why Terry Dillard prefers flying a blimp over a plane. 7:21:17 It allows me to fly low, and slow, and enjoy the scenery... Here you can look at the waves breaking over the water, you can see whales offshore." Our adventure might be over, but it's one we will never forget. Sharon Meyer - channel news -- just outside Boston.

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Clouds will be on the increase tonight. There could even be a late night shower to the west. Lows will range from 48/58. A trough of low pressure will move through on Thursday; this will touch off some scattered showers and t-storms. We could see some clearing develop during the afternoon. Friday looks like a pretty good day. Overall we'll just see partly to mostly sunny skies. There's still the slight risk for a pop-up shower. Our latest forecast guidance is showing a few more clouds over the weekend. We will also run the risk of a few pop-up showers, mainly during the afternoon hours. Looking ahead, another frontal system will move through here on Monday with some scattered showers and t-storms.


Tonight: COMFORTABLE Increasing clouds. Chance for a shower, late. Lows: 48/58 Wind: S 5 mph Thursday: NOT GREAT Scat'd showers & t-storms. Some clearing, PM. Highs: 68/75 Wind: S 5-15 mph Thursday night: QUIET Partly cloudy. Lows: 45/55 Wind: S 5 mph Friday: PRETTY GOOD Partly cloudy. Slight chance for a shower. Highs: 77/84 Wind: SW 10-15 mph Extended: Friday night: Lows: 52/62 Saturday: A mix of sun & clouds. Chance few showers. Highs: 75/82 Lows: 52/62 Sunday: More clouds than sun. Chance few showers. Highs: 70s Lows: 55/65 Monday: Partly sunny. Scattered showers/storms. Highs: 70s Lows: 52/62 Tuesday: Partly cloudy. Pop-up shower. Highs: 70s Lows: 50s Wednesday: Partly cloudy. Highs: 70s

19} WX_OUT


"Selfie's" are all the rage these days. and now -- you can even get your pic -- on your breakfast plate -- Gina Bullard explains.


((nat)) Galen Dively is a self proclaimed -- slacker Dead-Head. ((nat)) Touring around following the Grateful Dead means you have to be resourceful -- after all -- you still have to pay for gas to get to all the shows. ((nat)) So in order to make some bread -- he knew he had to come up with an idea.... ((nats: toast popping up)) ... and that's when it popped into his head. (24:14:26) ((Galen Dively/VT Novelty Toaster Corp "wow we can get a photograph on toast")) Custom selfie toasters. The phenomenon of selfies has established itself as a form of self-expression around the globe -- and now you can eat your own face for breakfast. (26:09:04) ((Galen Dively/VT Novelty Toaster Corp ""it's never happen before it's brand new and its unique and it's you on toast! "")) Oh Lord! In fact, that's who he started with -- Jesus! And then he thought why shouldn't everyone get to worship themselves -- through toast. ((nats: photo)) So pucker up -- show those pearly whites and upload your favorite selfie. Then -- Dively and his crew use PhotoShop and a CNC plasma cutter to transfer your image on a metal plate. The plate gets fitted into the appliance and voila - you're toast! All for just 75-dollars. (17:43:25 ) ((It looks like you - after a night of drinking haha)) So what do you think? Does it look like me...or... ((nat joker laugh)) ((show the joker, anne frank then Michael Jackson)) (15:20:15) ((g I sort of look like Michael Jackson)) I think it's time to get the jam out... ((nat jam on jam on)) Either way -- just like the selfie craze -- the toasters are hot! Sales are smoking! Dively has been featured on everything from the Today Show to Fox, CNN and countless websites and blogs. (27:14:03) ((Galen Dively/VT Novelty Toaster Corp "i could have counted the selfie toasters i sold 10 days ago on two hands sinec then we've had over 400 orders come in"")) He can hardly keep up. (24:55:21) ((Galen Dively/VT Novelty Toaster Corp ""anybody out there that hasn't got your toaster yet we're working on it and you'll get it i promise you)) Serving up -- a slice of narcissism -- with your daily bread. Gina Bullard Channel 3 News Saint Johnsbury.


Here's the good news ... The vermont mountaineers magic number to clinch the north division is down to 2... The bad news ... The Neers learned today they'll be without two key pitchers as Elliot Ashbeck and Robert Strader, were ruled out for the team's stretch run. Mountaineers trying to step up to the plate... And focus on the task at hand hosting Keene tonight ... --- Vermont gets the lumber going in the first... Blake Tiberi hitting .385 this summer... Here's why.. Dude makes contact... RBI single to center.. 2-0 Neers after 3... --- The Swamp Bats brought their sticks too... 3 in the 4th... 3 in the 5th... Zach Lauricella with the double off the wall... 6-3 Keene in the 5th ... --- Mountaineers though, they don't lose at Rec Field... They rally in the bottom of the inning... Brett Charbonneau the RBI single to right... Later in the inning, he scores on the double steal... Vermont with the final 4 runs... The game-winner on a Tiberi groundout in the 6th... They win it 7-6. With Sanford's loss, they wrap up the North Divison Title.


To Centennial Field ... Lake Monsters hosting Batavia to open a six-game homestand... --- The Monsters trailed this one 5-0 but they rally... Now 5-1 in the 7th JP Sportsman ... Gets a hold of one ... 3-run shot... It's a 5-4 game... --- Vermont 2-26 when trailing after 8... They add a W to the column tonight... 1st and 3rd.. Two outs... Sportsman with the RBI single to left... The ball is then thrown away trying to get the runner at third... Brett Vertigan sprints home... And the celebration ensues .. Lake Monsters walk-off with the 6-5 win over Batavia.


All eyes on Red Sox prized lefty Jon Lester as the trade deadline looms.. However today it was Boston dealing another southpaw, Felix Doumbront to the Cubs for a player to be named later... As for the actual game... Red Sox trying to avoid a home sweep to the Blue Jays... --- Former Yankee Dioner Navarro the story tonight... Three hits, 3 RBI... All Toronto up 5-zip in the fifth .. --- Red Sox with 1-run in this game off the bat of catcher Christian Vasquez who doubles to right in the 5th... That's the highlight though... Red Sox fall to Toronto, 6-1... They're swept at Fenway and have lost 8 of 9.


President George W. Bush on hand to greet Derek Jeter and the Yankees in their rubbermacth with the Rangers.. --- First batter of the game... Brett Gardner, 4th homer of the series.. He's hotter than Texas.. 1-0 Yankees... --- Bottom of the inning, Huroki Kuroda getting touched up too... Leonys Martin capping a 3-run frame with the RBI... Unfortunately for New York, they hold up ... As the Yankees fall to the Rangers 3-2.


Along with being a great celebration of football for an even greater cause, the Shrine Maple Sugar Bowl also serves as a major turning point in the lives of the players taking the field this weekend. Scott Fleishman has more from Castleton. ((TRT: 1:21 ... OC: CHANNEL THREE SPORTS.)) (( Scott: You know the cool thing about the Shrine Game is that this is the last event that these athletes will attend before heading off to the next chapter of their lives. Lyndon quarterback James Schouple, for example, will be helping out with the family business. He's going to be the future VP of Schouple and Son trucking. He's not ruling out a return to football at some level, but if this is it, he wants it to be a memorable way to go out. James: Honestly I plan on going down there Saturday and just going all out, giving it all I've got, playing with all the heart I have. If I get hurt, I get hurt. I'm not really thinking about that I'm just thinking about what I can do every play and how to get that extra yard. Scott: On the other side there's just one player headed to Vermont to pursue higher education. Exitor High's Peter LaLee is on his way to play for Mark Murlich at Norwich in the fall. Mark: The coach was real friendly and they had engeneering which is what I'm going for. It's just the military lifestyle, the structure is really good for me. I do better in structure so that's really what made me choose Norwich over everyone else. Scott: All these players have bright futures but for now the focus is on the present and that is the 61st annual Maple Sugar Bowl on Saturday at Dartmouth's Memorial Field. Kickoff at 5:30, Vermont trying to snap that 13 game losing streak. At Caselton State College, Scott Flieshman, Channel 3 sports. ))

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