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tv   NBC Nightly News With Lester Holt  NBC  September 3, 2015 5:30pm-6:01pm PDT

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very chilly. more on that forecast at 6:00. >> thank you so much for joining us. nightly news is next. see you at 6:00. tonight, sent to jail a defiant kentucky clerk ordered locked behind bars for refusing to issue marriage licenses to same-sex couples. high drama as protests rage on both sides. brady beats the nfl, resounding victory as the star quarterback's deflategate suspension is overturned. he'll take the field, but his troubles could be far from over. a father's heartache, the surviving dad who lost his entire family. photos of his lifeless son and now a symbol of a searing humanitarian global crisis and another desperate father, today his family clinging to hope on the tracks. and pressure points, hillary clinton's aide says he's taking the fifth rather than answer questions about her private e-mail server as donald trump
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vows to gop pressure and makes a big pledge. "nightly news" begins now. >> announcer: from nbc news world headquarters in new york, this is "nbc nightly news with lester holt." good evening, today a federal judge in kentucky drew a clear line as to where religious freedom ends and the law of the land begins when he tossed a county clerk in jail for contempt of court for refusing to issue marriage licenses to same-sex couples. in june, the u.s. supreme court ruled same-sex marriage was legal, but that didn't sit well with those who believed such marriages violate god's law including kim davis who today stood her ground before the judge. our gabe gutierrez was in the courtroom. >> reporter: outside the packed federal courtroom. >> this flag represents satan. >> reporter: prayer. >> i believe christians at this point in time need to stand up for their faith and what they believe in. >> reporter: and protest. on the witness stand,
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rowen county clerk kim davis break down in tears saying she was a an apostolic christian in 2011 after the death of her mother-in-law. his mercy touched me that night she said and davis again said she could not comply with the court's order to issue marriage licenses to same-sex couples adding my conscience will not allow me. >> she cannot issue a license that conflicts with her christian values and beliefs. >> we are not issuing marriages licenses today. >> reporter: davis refused to issue licenses to any couples, gay or straight since the u.s. supreme court ruled earlier this summer that same-sex marriage was legal. >> why are you not -- issuing marriage licenses today? >> because i'm not. >> reporter: two federal courts ruled against her ordering her to do her job. the supreme court declined to block those orders. today federal judge dave bunning found davis in contempt and ordered her into federal custody. >> she'll stay in jail. she will not bend. she will not bow to nobody.
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i mean, that's our beliefs, and that's what people don't understand. >> reporter: social media lit up in response both in favor of and appalled by the judge's ruling at the white house, spokesman josh earnest weighed in. >> there is no public official above the rule of law. >> marriage licenses are going to be issued. >> reporter: april miller and karen roberts have been denied a marriage license three times and are among the couples who are suing. >> it's about our civil rights. >> reporter: they and other couples plan to head to the courthouse tomorrow, five of the six deputy clerks have said they will issue marriage licenses, even while their boss kim davis remains in jail. lester? >> gabe gutierrez, thank you. now to today's stunning victory for new england patriots quarterback tom brady, beating the nfl in court. his suspension from the deflategate scandal overturned, but the league says that his fight is far from over. our national correspondent peter alexander reports. >> reporter: no last-second win by tom brady ever pleased patriots fans quite
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like this. >> i jumped right out of bed. i was really happy. >> reporter: the reigning super bowl quarterback four-game suspension erased and overturned today by a new york federal court judge. >> this is going to be a big heart. tom is free! >> reporter: across new england vindication and online celebration. tweets from patriot nation including from rob gronkowski, this season to be a heck of another ride. boston's jfk library. even this dunkin' donuts weighing in. the deflategate saga began eight months ago with brady's alleged involvement in the conspiracy to underinflate footballs for the game against the indianapolis colts. throughout it all, brady has kept his sense of humor. >> it's been such an enjoyable off-season. >> reporter: in a 40-page opinion, judge richard berman wrote there were significant legal deficiencies and the nfl's action against brady and that the league didn't treat him fairly including its failure to inform brady that his alleged misconduct
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could lead to the stiff punishment he received. >> the judge vacated the suspension because the nfl violated the process, not necessarily because they found tom brady innocent of deflating footballs. >> reporter: the nfl has already filed an appeal with goodell vowing the league must protect the integrity of the game. >> when roger goodell took the commissioner's job nine years ago, one of the things he said is that everything is on the table, i'm looking at everything. well, he needs to look at the discipline policy right now because it's not working. >> reporter: one week from tonight tom brady will be back on the field for the patriots' season opener against the pittsburgh steelers with more than a super bowl to celebrate. and late tonight an nfl source tells nbc news that goodell will skip that season-opening game for the patriots at gillette stadium next week because that source says he wants the focus to be on the game, lester, not the controversy. >> peter, thanks. among those congratulating brady, donald trump who made some news of his own today by backing off the threat he's been making to the republican party that may have rivals breathing a sigh of relief but
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making some supporters a bit uneasy. nbc's hallie jackson has more. >> reporter: the man behind the art of the deal made a spectacle of signing one today. >> here is your pledge. >> reporter: donald trump promising his loyalty to the gop, and ruling out a run as an independent if he doesn't win the nomination. >> i see no circumstances under which i would tear up that pledge. >> reporter: the document not legally binding but still symbolic, the ultimate anti-establishment candidate embracing the mainstream party and infuriating some of his supporters. >> he's going to sign his own death warrant so to speak if he does so. >> reporter: after all, it's trump's position as party outsider that's propelled him to the top of the field hitting 30% in a new poll today. ben carson in second, jeb bush sliding to third with just single-digit support, and the highest unfavorability rating in the republican field. >> it's a little bit sad. don't forget, he was supposed to win. and he just doesn't have the
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energy. >> reporter: bush trumps most frequent target fighting back this week with more intensity than ever before painting trump as too liberal and slamming him in spanish as the brawl goes bilingual. >> we're a nation that speaks english and i think while we're in this nation, we should be speaking english. >> reporter: today bush isn't blinking. [ speaking spanish ] >> reporter: promising to govern with open arms. >> reporter: today bush isn't fighting for his political life, and the outcome of that brawl is going to be key to jeb bush's political future. >> reporter: and bush out on the campaign trail tonight is feeting his own declaration of gop loyalty pointing out he's voted republican since 1972, another jab at trump. lester, the candidates pledging eventual unity but not there yet. >> hallie jackson tonight, thank you. persistent questions over hillary clinton's e-mails will go unanswered by the former aide who helped set up her
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server. he has decided to take the fifth before congress even as a longtime clinton adviser testified today. we get more from andrea mitchell. >> reporter: hillary clinton's state department chief of staff cheryl mills, a lawyer who has long been at clinton's side, today testifying behind closed doors to the republican-led benghazi investigating committee. >> obviously, the tragedy that happened in benghazi was about more than what's happening in this room. it's about the loss of individuals who were dear to the state department and dear to this country, and we honor them by remembering what happened, and doing our best to ensure that that doesn't happen again. >> reporter: but the former aide who set up clinton's private server in her home won't be talking to congress or the fbi. responding to a subpoena, his lawyer wrote, he plans to invoke the protections of the constitution. in other words, his fifth amendment right
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against self-incrimination. >> secretary clinton, back in december, held a town hall -- >> reporter: he worked for clinton in her first campaign and at the state department. clinton's campaign urging everyone to cooperate today called his decision to take the fifth understandable and yet, also disappointing. clearly added fuel to the fire. >> you're free to claim whatever inference you want from the fact that he did. >> am i disappointed? yes. because i would have loved to have heard what he had to say. >> reporter: he might know why clinton set up a private server in the first place and what he did to secure it from potential hackers. the political fallout of his taking the fifth immediate. >> any time somebody working for you has to take the fifth amendment based on something you did is probably not good for you as a politician. >> reporter: in a conference call today with reporters, clinton campaign chairman called the e-mail controversy headwinds acknowledging there has been a lot of noise that's made it more difficult to break through, he said. lester? >> andrea mitchell, thanks. we want the viewers to know
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andrea will have an exclusive interview with hillary clinton tomorrow. it will air on "andrea mitchell reports" on msnbc and right here on "nbc nightly news." for so many the picture of a child washed ashore in turkey is becoming the defining image of the crisis overseas. tonight, we hear from that boy's father, his wrenching loss echoing the plight of thousands fleeing their homes. we have two reports in this crisis starting with nbc's bill neely in greece. >> reporter: he is heartbroken. he's just seen the bodies of his two drowned sons, the most beautiful children in the world he called them. aylan was 3 and fell from an overcrowded boat with his 5-year-old brother and his mother. our boats left for greece, he says, but we were hit by waves. the boat flipped. i tried to catch my children but it was hopeless, then i took my wife and boys in my arms and realized they were all dead. they had fled war-torn syria, hoping to reach
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canada where the boys' aunt said their mother was scared of the sea and couldn't swim. >> they didn't deserve to die. they didn't. they were going for a better life. >> reporter: today over the same sea, thousands more crossed to greece. tempers are fraying and no wonder it's a matter of life and death for these refugees. this small island is simply overwhelmed by more than 20,000 people. in the past week alone. but not all reached this island refuge. bill neely, nbc news, greece. >> reporter: this is richard engel in hungary. they wait at the budapest train station, desperate for their dreams to come in, trains to germany and beyond. they include another father of a baby born here four days ago. i'm afraid for my baby because
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conditions are so bad, so cold, he said. this morning a train did pull in destined people thought for the border and it was mobbed, but some were suspicious, skeptical because hungary has taken a hard line. its official policy is to put all migrants into camps until their asylum claims can be processed. they boarded the train anyway but about 45 minutes later, the skeptics were right. the train stopped. riot police waiting. european passengers offloaded to another train. the refugees told they could go no further. >> we are not criminal. we have rights to cross this border. >> reporter: now there is a standoff. police surrounded the train and they're encouraging refugees to get off, to be taken to camps, but the refugees are refusing believing they have been lured into a trap. a man drags his wife and baby to the tracks.
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i won't move, he screamed. they were dragged away. as night fell, some agreed to get off the train. several tried to run for it and were chased down. richard engel, nbc news, hungary. >> tough to watch. prosecutors will seek the death penalty for the man accused of massacring nine black parishioners in a charleston, south carolina, in june. dylann roof faces federal hate crime charges. a not guilty plea was entered for him in july though he indicated he was ready to plead guilt at the time. still ahead on "nbc nightly news," our continuing investigation. a medical device linked to more than two dozen deaths and the company insider who says her signature was forged on paper submitted to the fda. also news about the s.a.t.s. the trend parents and students need to hear about.
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we're back with more of the nbc news investigation about a medical device implanted in thousands of people linked to more than two dozen deaths. tonight an exclusive interview with a former company insider and even more questions, did the maker dismiss early warning signs of potentially fatal flaws, and did the company forge a signature on a key document submitted to the fda? nbc's stephanie gosk reports. >> there is anxiety every time i see a hospital. >> reporter: a head-on
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70-mile-an-hour collision left this mother of two near death. >> they tried to cut me out with the jaws of life twice and then they finally got me. >> reporter: four months later, she was again rushed to the er as her heart filled up with blood. >> with every breath i swear to you i didn't know if i would take another. i kept saying it over and over it has to be the filter. >> reporter: after her car accident, doctors implanted a blood clot filter called the recovery. it's a 1 1/2-inch wire metal trap placed in the largest vein in the body to block clots from reaching the heart and lungs where they could be fatal. her filter was made by c.r. bard, one of 11 companies that sells blood clot filters in the u.s. but instead of protecting her, her filter broke and pierced her heart. during emergency open-heart surgery, doctors removes this one-inch piece of metal saving her life.
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gloria adams wasn't so lucky. >> she's always smiling. >> yeah. >> reporter: healthy and out going, she was 55 years old when a brain aneurysm struck. her son kevin says she was recovering quickly. >> for having an aneurysm which someone can die from, she was doing remarkable. >> reporter: gloria was sent home with a clean bill of health but just one week later, she was dead. an autopsy showed that instead of stopping a clot, a clot pushed the filter into her heart puncturing it. gloria adams' death was the second in a string of at least 27 fatalities associated with bard's recovery filter. dr. john says blood clot filters are a valuable surgical tool implanted in some 250,000 people each year, most without incident but he saw firsthand the damage done by bard's recovery filter when it dislodges or breaks apart. so that's the leg of the filter in his heart? >> yes. >> reporter: can you die from that? >> you can potentially die from that, yes. >> reporter: by 2002 the recovery filter had been submitted for fda clearance but was rejected.
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bard hired kay fuller, a veteran regulatory specialist to help try again. >> i was pretty concerned that there were going to be problems with this product. >> reporter: fuller says she grew concerned when the company failed to give her important safety performance testing results, a small clinical human trial also raised red flags. how were they responding to your complaints at that point, or concerns? >> it was basically, if you continue to pursue these questions, that i was going to be asked to not be on the the team, and i was shocked. >> reporter: fuller says she told her boss that she would not sign bard's fda application until her concerns were addressed. but yet, it was submitted anyway. why did you support it? >> i didn't, actually. >> reporter: well, but your signatures, your signature is on it. >> i did not sign this. >> reporter: that's not your signature? >> that is not my signature. >> reporter: this, fuller says, is her real signature. what, are you saying
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it was forged? >> i'll tell you i did not sign it. >> reporter: this was done without your knowledge? >> that's correct. >> reporter: fuller resigned but not before she says she privately reported her safety concerns to the fda. >> i never knew what they did after that. >> reporter: the fda won't say. the agency denied our repeated request for an interview and in a statement it said the fda takes very seriously complaints about forgeries and device safety issues. the fda did not specifically address fuller's allegations. bard also declined an on-camera interview with nbc news but said any suggestion that the company submitted forged documents to the fda is flatly untrue and stated that all of its filters have been appropriately cleared by the fda based on required and accurate documentation. and now, gloria adams' son kevin says he wants others to avoid her fate. >> this is a great opportunity for me to tell my mom's story and get the word out for her. >> reporter: what would you say to him? >> i'm so sorry.
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i'm so sorry that that happened to your mother. it failed catastrophically. his mother should have never died because of this product failing. it shouldn't have happened. >> reporter: while bard stopped selling the recovery filter in 2005, more than 34,000 were sold and it was never officially recalled. bard's own records estimate that as of 2006, there was still more than 20,000 people walking around with them implanted in their bodies. experts believe the longer a filter remains implanted, the greater risk it poses. if you have a filter implanted, health officials say you should check with your doctor to determine what brand of filter you have and whether it should be removed. lester? >> stephanie, thank you. we're back with more news after this.
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military officials are investigating a deadly accident at camp lejeune in north carolina that killed a u.s. marine and injured 11 others.
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it happened when a helicopter made a hard landing with much more force than normal. two marines remain hospitalized in stable condition. french prosecutors have conclusively identified wreckage that washed up on an island as coming from missing malaysia airlines flight 370. that brings french investigators into full agreement with malaysian officials. prosecutors say a serial number on the wing part matches a number on the boeing 777. news that does not bode well for new college freshmen or the high schools they came from. a report out today shows the average s.a.t. score for the class of 2015 was the lowest since the test was overhauled a decade ago. 1490 out of a possible 2400, seven points lower than last year. up next, the answer to a question so many of you may be wondering about. three deputies arrested for the
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brutal death of an inmate. =vo= the criminal charges they each face. =janelle/vo= plus: a silicon valley company brought us the hoverboard. see how nasa wants to use that technology in outer space. =next close= next. before we leave you here on this very busy news night, so many of you have been moved by these heartbreaking images coming from overseas, especially of children fleeing the violence of war only to be turned away with nowhere to go. you may be wondering how you can help these families so we have compiled a list to donate to including a fund set up in the memory of little aylan kurdi. it's all on our website,
5:59 pm that's going to do it for us on this thursday night. i'm lester holt, for all of us at nbc news, thank you for watching and good night. disgust that i feel cann over stated. runs :05 =janelle/vo= an emotional message from the disappointment and disgust that i feel cannot be overstated. >> an emotional message from the santa clara county sheriff. three of her correctional officers under arrest for beating an inmate to death. tonight we uncover questions about training and supervision at the jail. thanks for joining us. >> the sheriff calls it cowardly and heinous, the death of an inmate inside the jail. now, nbc bay area first broke this story last week. tonight these are the three
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correctional officers that are facing charges, including murder, after the death of this man, michael ture. the investigative unit is standing by with more on the training and supervision at the jail. we begin with michelle roberts on the disturbing accusations. she "live at the sheriff's office in san jose with more. >> reporter: the suspects are accused of beating an inmate to death. the investigation is still ongoing. there's a press conference this afternoon where the sheriff said she believes these suspects are responsible. she even teared up a little bit when talking about the victim's family. >> the disappointment and disgust that i feel cannot be overstated. >> reporter: santa clara county sheriff said three correctional officers who vowed to protect and serve were responsible for killing a mentally ill inmate who was waiting to be transferred to a mental health facility. >> they're the reason for this brutal


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