tv 7 News at 430 PM NBC December 15, 2015 4:30pm-5:00pm EST
courtroom, it looks like the jury i going to be leaving soon. steve cooper tweeted out that philip chism had no reaction the entire time but as you see here he's being cuffed to be taken back into custody. convicted of first-degree murder. courtroom. they are going to decide sentencing next week it looks like. they are going to have the hearing and decide when the actual sentencing is going to be. what's the process after that, tom? actually before that. they are going to have, what? a pre sentence it go report? >> because it's a juvenile, i have a good sense that any and all evidence that might impact a judge in terms of sentencing, she's going to fight for an actual report rather than just her standing up and saying she's
interview, all the personal interview, all information. >> and not all the time in cases like these are we afforded the chances to the surveillance video of before the crime was committed and after the crime was committed. do you think that had an impact seeing his mannerisms before the crime and after the crime on what they >> i think so. it's a new day. there's surveillance everywhere. it's not every murder case you see this kind of thing. but from other cases a lot of video. in this case i think that it was just because of the nature of the crime, not just the murder but the murder of a teacher in a school by a student. you know, the video, i think it lent sort of an eerie quality, a sinister quality.
dueling psychiatrists up there, one saying, you know, guilty and the other saying that might be one thing but here when you see the videos like that, i think that impacted any juror in deliberating. >> tom, why is this insanity defense so tough to prove for these cases? >> it's tough to prove. it's not so much a person is not insane, usually in these cases, occasional murder cases where actually everybody agrees that the defendant was insane, but many many many times you have a dueling expert, and in this case that's exactly what we saw. we saw a dueling expert. that gets kind of layered on a fundamental feeling by jurors that these kinds of cases are scary, they feel a sense of duty to their fellow
people and they know that their verdict is going to have an impact and really trust what will happen otherwise if they find a person not guilty by reason of insanity. so that by and large i think, i'd say probably 95% of these cases, the jury has both got dueling opinions and it's understandably scared and they vote on the conservative side when you have human life involved and they vote for guilty verdict. there's 5% where everybody agreed that the person was definitely not criminally responsible, the person goes in and stays in custody for many years. the results, the defense lawyer for these thing are usually dismal, i think is what the defense lawyer would say.
to steve cooper about the reaction there. one woman breaking down and philip chism just stoic throughout that entire thing. >> the camera for a little while -- the camera was on a little while the family of colleen ritzer. you can see where the especially the not guilty verdict, one of the family members very emotional reaction to it. nine hours over two days to find him guilty of murdering this beautiful math teacher, no surprise that it went so quickly. >> no. actually, in a murder case, eight, nine hours is often times about average. sometimes it's four, sometimes two, three, four, five days. for this kind of case, i really think they wanted to go long enough to be certain that they could say to each other that we did a really good job, we sorted out all the evidence, we
the evidence of the psychiatrist and psychologist and gave it careful consideration. in the end they are going to go home and be talking about this case for the rest of their lives and thinking did we do the right thing. there's nothing like this. they are so serious. i think the eight or nine hours sort of reflected that. >> just talking to, looking back at the horrific nature of this crime, this is a crime that really shocked the community. you have this young, vibrant teacher, 24 years old and this 14-year-old who is now found guilty of killing her. not only is that, is he found guilty of raping her and murdering her, and also going to the movie theater after this whole thing happened and watching a movie with her credit card. i mean such a shocking crime and so many different details coming out of it makes you look back and say wow.
us, philip chism found guilty of first-degree murder and also guilty of rape in the bathroom there, not guilty of the rape in the woods and armed robbery. he could face a life sentence but could face the possibility of to role after 15 or 25 years. talk about why that is the case for a juvenile. >> both the supreme court and the supreme judicial court, supreme court of the commonwealth of massachusetts, they really changed the law in the sense that if they don't want juveniles to be automatically doing life without parole because there's a feeling, on the one hand, that that policy was catching too many individuals here and across the country who were young at the time and actually might be rehabilitated in some way, and it gets applied here in murder cases, so you'll see sort of the process play out in
are not going to put him away and lock the door and throw away the keys for the rest of their life. having said that, everybody involved in the process, you know there's been this change which required the judge to take all those circumstances into consideration, not only in giving the sentencing. it's still going to be treated with the absolute utmost seriousness in terms of both the sentencing and later on on parole. >> chism's lawyers never said he didn't do it. they said from the beginning he did do it but they said he suffered from severe mental illness. they said he had severe hallucinations. the jury did not accept the fact he was in some sort of mental state whether this happened. talk too about proving the insanity defense. >> proving an insanity defense is tough because, you know, you've got, in street
prove that he was so crazy that he couldn't understand what he was doing or he was so crazy he couldn't understand what he was doing but he couldn't control, so couldn't stop kind of thing. usually you see some little instance in there where somebody clearly knew what they were doing was wrong. for instance, walking away from the scene. you must have known, otherwise you wouldn't have walked away from the screen. somebody shows they can control themselves. they can control themselves by walking away, they can control themselves by going to the movies. the human brain is so complex. there's almost always loop holes in it. one out of 20 cases, somebody's just clearly crazy, couldn't control himself, didn't know what they were doing, hearing voices, that kind of stuff. that's very rare.
just a lot of evidence that this kid knew what he was doing, knew something was wrong. makes it virtually impossible for a jury to find him not guilty in those kind of circumstances. >> thank you so much. that's our legal ableist talking about this verdict that's just in the last 35, 40 minute here. philip chism found guilty of murder. he will be sentenced in the next couple of months for the murder anncr: when the attacks come
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we continue to follow breaking news, philip chism found guilty of murder in the first-degree of colleen ritzer. that happened moments ago. >> mr. foreman, what say you to indictment number 2013-1446 charging the defendant philip chism with murder in the first-degree? is the defendant guilty or not guilty, and if
on what theory? guilty deliberate pre meditation and extreme atrocity with cruelty. >> mr. foreman and ladies and gentlemen of the jury, hark tone your verdict as the court has recorded it. you upon your oaths do say that the defendant philip chism is guilty of deliberate pre meditation and extreme atrocity cruelty on indictment number 2013-1446 charging him with murder in the first-degree, so say you, mr. foreman? >> yes. >> so say you all? >> yes. >> the verdict being read just a short time ago. philip chism is found guilty of raping and murdering his high school math teacher, colin ritzer. >> not guilty when it came to the rape out in the woods afterwards there. we want to go over to cheryl fiandaca. she's been listening to. your thoughts on this.
facing life with a possibility of parole because that's what the massachusetts courts decide. so likely before he would be parole eligible would be 15 to 25 years, depending if these sentences are run consecutively. single sentence would be for the same amount of time so they would just say life with the possibility of parole 15 to 25 and that would include all the charges or if the judge could sentence him to consecutive terms which would mean after he finishes one, the other one would kick in. it would all be part of what's called a pre sentencing report. once they decide what the sentencing date will be, they will take into whatever mental health evaluations there may be. the defense is going to try to get whatever information they can to mitigate his sentence or reduce the sentence to the smallest amount of time before he would be parole eligible.
still a gamble and speak quite a lot of time before he would get to that point. the prosecution would be talking about the crime and how brutal it was and severe it was and why he should be punishedto the fullest extent of the law. one of the things we watched here when the verdict was read, then they polled the jury. that's something the defense can do. they can ask the court, they can ask the judge to ask each vired member of the jury what their verdict is just to be sure there isn't anyone on the panel that said wait a minute, i changed my mind because you need an unanimous verdict in these cases. >> it seemed like this trial was never going to end because there were so many delays about his mental health status. talk about what he was saying about not wanting to go to the courtroom. >> the judge sent him for a competency hearing and that's to determine whether or not he's competent to stand trial
be competent to stand trial. he understands what's happening. just some basic information like that, so the judge felt, and according to the evaluation that he was competent to stand trial, and at that point the jury knows nothing about that, the only thing the juror knows is he's on trial for murder, aggravated rape and armed robbery and those were the charges that he was considering. you saw how all that will played out and i think tom hoopes talked earlier about how there were dual experts here. the prosecution had experts saying he was not mentally ill. the defense saying he did do this but he was mentally ill. very tough case for the jury to take a look at. >> something else that might have played a role in all of this was the surveillance video we were able to take a look at before and after that crime was committed. we saw him in the hallways of danvers high school before this horrible crime was committed and after the crime was committed in the movie theater with her credit card and
after murdering and raping his teacher. do you think this helped play a role in his guilty -- how the jury found him guilty today? >> absolutely. it had to. they are taking a look at this and it looks like he's in complete feel. this. he brought the box cutter in school, he lures her into the classroom. he's able to dispose of the body, go to the movies. he appears to be in control of himself. the defense of course has said that he's been suffering from mental illness when he was about ten years old, but that's a situation that the jury has to weigh both experts and all of the testimony that they heard. as ryan mentioned, they were not aware he refused to come back into the room to participate in his defense and listen to the rest of the testimony. the jury hears nothing about any of that. the only thing a jury can hear is what's
that would be testimony, that would be exhibits, all of these surveillance tapes you're looking at. so the jury hears nothing about what that competency hearing may have been and nothing about the fact that he did not want to be in the courtroom while testimony was ongoing. >> cheryl, thank you very much. once again after nine hours and two days the jury found philip chism guilty of murdering, raping and robbing his 24-year-old teacher. >> an emotional day in court. you saw a woman in the front row just bent over, very emotional. >> we're going to continue to follow the story.
>> he strangled her with a box cutter. he was found guilty of first-degree murder.
he was found not guilty of aggravated rape which is the rape that was said to have occurred in the woods. >> he was found guilty of aggravated rape that happened in the bathroom there before heading outside and he was found guilty of armed robbery. he could face up to life in prison for some of these charges. he will be eligible for parole in 15 to 125 years because he was a juvenile. >> his lawyers tried to say he was insane and not in his right mind at the time this happened, saying his family had a history of mental illness in his family. hopefully with this verdict his family will be closer to closure. >> we just learned that the d.a. is going to be speaking. we'll bring that to you live when that happens. an emotional day there so stay with us as we continue to follow this
mild temperatures for us once again today, but not necessarily temps you could enjoy unless you plan on getting blown around a little but because it has been very windy today. wind gusts generally between 25, up to 35 miles per hour. as you can see worcester 33 miles per hour, peak gusts in the last hour. our highs today, incredible, right, these temperatures 64 in nor ward, 61 in boston. these temperatures occurred just after midnight and we've been falling slowly, crawling closer to 50 ever since then. sitting in the mid 50s right now. 49 in worcester but still well above average for this time of year, and those temperatures will continue to fall overnight tonight into the mid to upper 30s for those coolest suburban spots and the winds will be dying down as well. that is key. tomorrow mostly sunny, cooler temperatures but lighter winds make this not so bad and still above average for this
43 to 48. we're running nine degrees above average for the entire month of december so far. just incredible. more mild temps on tap in the long range. overnight tonight into theerly morning hours of tomorrow morning, gusts will be right around 20 miles per hour so it's still breezy overnight tonight. then tomorrow notice that those numbers fall back but look at the direction the wind is coming from, from the northeast and the east and that will bring in the cooler air for the temperatures topping out in the 40s. here's the storm system, brought a lot of snow to denver and our mountain region today. this is what we're looking for as we get into thursday, bring our next best chance of rain. but again this system much like the one last night drags in that milder air. once again rain for us, temperatures going up rather than down until that cool front passes through, sort of sets us up for the weekend. it will feel more like december.
cameo because look at how these temperatures climb into next week. close to 60 on tuesday. here's joe stapleton with a check on the roads. >> thanks very much, liz. 128 northbound and southbound right near the route 2 offramp in lexington. dealing with the delay there on the northbound side of the roadway. making your way south on 128, they are not moving too badly. a look at our maps here, plenty of red lights right in the center of the screen, 93 northbound tough going from downtown pretty much right up in the stoneham area. more than a half hour commute down into braintree. headlights too going toward the o'neill tunnel. joe stapleton, 7 news. we continue to follow the breaking news out of danvers, philip chism has been found
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that runaway red line train without pay. the threat that shut down los angeles public schools now believed to be a hoax. now officials defend their decision as criticism grows. then high stakes in vegas, the republicans set to battle it out and with one candidate closing it in on the lead. mild temperatures are out with today and tomorrow we start more december-like weather. we begin with breaking news in the philip chism trial. >> guilty, deliberate pre meditation and extreme atrocity with cruelty. >> the danvers teenager accused of murdering his math teacher found guilty of first-degree murder just a short time ago. chism's attorneys tried to prove the teenager was insane at the time. >> based on the verdict it's clear the jury did not believe it. >> the jury found him guilty of murder, one