she told the jury polson needs to be held accountable for his actions and be found guilty on all charges. polson is using an intoxication defense and when he took the stand in his own defense told the jury he didn't remember anything from the shooting after claiming to take a bad hit of meth. his attorney phil reser said polson can't be held responsible for what he did because he wasn't in the right state of mind at the time of the crimes.. 36:17-why did these events occur becasue there was no reasoning, there was a mental disability which meant mr. polson could not form a specfic intent to do these acts 31 the jury was handed the case after closing arguments but only deliberated for 15 minutes before the courthouse closed for the night.... they will report back to the

legal experts are weighing in on polson's defense claim. 550121 - it a very difficult defense and jurors do not like that defense, drake law professor... bob rigg... says an intoxication defense is extremely rare and hard to prove. in his nearly 40 years of practicing law...rigg says he has used the intoxication defense only a handful of times... but a judge only ruled in favor of it twice. he believes the reasoning is due to jurors not being able to relate to and understand the substance abuse severity level. 541216 - the level of intoxication has to be extreme, very severe. its not a situation where youve have one to many cocktails while partying , this isnt a situation where you may have ingested more of prescription medication than you should have, its too a point where you cant mentally function depending on the verdict, the intoxication defense could lessen a

an arraignment is set for a teenager accused in the death of his grandmother. 17-year-old noah laprei is charged with first degree murder. police say he beat his grandmother...rachel pray...to death on saturday night. pray was the teen's legal guardian and the pair lived together in a des moines home. security video shows laprei acting erratically at a nearby gas station right after the alleged assault. laprei's family says the teen was on drugs during the incident. laprei will enter his plea during the arraignment on november 23rd. a jasper county couple is facing charges in connection to a disturbing case. 38-year-old michelle wortman and 46-year-old berlou barnard of newton are in custody. court documents show that bernard is a registered sex offender who isn't supposed to have contact with minors. however, he has reportedly been allowed to be around a female relative as long as his girlfriend - wortman - was present. that relative's mother recently

told police that barnard sexually abused the little girl while his girlfriiend was asleep. court records also show several other alleged incidents. at this hour...several fire crews are responding to a house fire in story county it is in the 300 block of south pearl street in zearing. here is a live picture of the fire...which started around four o'clock. you can see the gone...and the rest of the home is badly damaged. dispatchers say that one man was injured in the flames. we have a crew on the scene and will bring you more information as it become available. a study by the c-d-c says binge drinking cost the u-s economy 249- billion-dollars in 2010. it found about a third of that came from lost productivity in the workplace due to hangovers. the median cost per state was 3- point-5-billion... iowa came in at 1-point-9-billion... that compares to california at the high end at 35-billion to north dakota at the low end with 488-million.

the study defined binge drinking as at least five drinks for men, and four for women over two hours. the head of the c-d-c says there are strategies to reduce excessive drinking...but the programs are underused. the governor is working to make sure students stay on the straight and narrow. governor branstad signed a proclamation today at north high school in des moines. it declares october as college application month in iowa. the event formally recognizes the efforts of the "iowa college application campaign." it's a statewide initiative to increase the number of seniors who submit college applications. as part of the campaign, north is holding a series of events to help students apply. 16:07:27-16:07:37 if you apply and if you get accepted, then you are like maybe i can do this and can get accepted into college...this is something i can look in to. in all, north is one of about 80 iowa high school participating in the campaign. anyone going to a high school

football game tonight will want the coats, blankets and hot cocoa. let's check in with chief meteorologist ed wilson for a first look at the

thousands will run through the city of des moines this weekend. the i-m-t 5-k road race and kids fun run is saturday...then the half and full marathons are sunday morning. there are several road closures for the events...especially on sunday. they include several downtown street...and out to fleur drive... and grand avenue. you're urged to plan ahead if you're going to be in those areas. it's a woman that made history by being the first female to finish the boston marathon. this weekend she'll be cheering on those taking on the des moines marathon. kathrine switzer joined others on a light run in the downtown area today. switzer is known for challenging the all male tradition of the

19-67. during the run, a race official tried to forcibly remove her from the competition. a snapshot of the confrontation became one of time-life's "100 photos that changed the world." 16:54:41 my biggest aim in life isn't to be an athlete it's to change lives. we can help a lot of women around the world by making them fearless but getting them into running 16:54:55 switzer says she was invited to des moines because the majority of the participants are women. while she's not running on sunday, she is training for the 2017 boston marathon. if you're like me...a marathon...or even a half marathon seems like too much running... next month... there's a 5-k you can get involved in... the sweet part of life you'll be celebrating when you join the gingerbread walk-run. 24-27 "all the mud just came from right here and wedged us

it's not snow...but mud that they are digging out of in california. hear from one man caught in the mudslide...and see the devastation left

04:40:47 it's a great dea.l i'm super pumped up about the des moines fire department celebrated the promotions of three men to the rank of district fire chief today. friends, family and other firefighters met for a special ceremony this morning. the three men given the

brown and percy coleman. the promotions come as the department reorganizes its leadership structure. there will now be two district chiefs per shift...which is meant to improve safety. two of the men are the first african american chiefs in the department's history. 04:44:23 when i first came ont he job there was one african american officer...we've come a long way as a fire department 04:44:34 04:40:12-04:40:19 i think what it does is proves with hard work and dedication you can achieve what you want. daniel gilliatt and jonathan tayler were also today ceremony. rescue crews were working fast and furious overnight to help those trapped in rushing water and mudslides in southern california. jennifer latest...

after a night of sheer panic. as mudslides in parts of southern california .. cut off highways near lake hughes. "it was just 'booosh' it was just like a freight train coming though your house. it really was. it was loud. it was really loud." cars.. semi trucks - snaking down interstate 5.. trapped in a muddy nightmare. "all we saw was just a mountain of boulders and dirt and stuff coming right for us, and it pretty much lifted my car up and spun us around like it was nothing." the storms struck with little warning .. as much as five inches of pounding rain in a hour for some areas .. and marble sized hail .. too much water .. too quickly. triggered mudslides hillsides crumbled into roadways .. swallowing dozens of cars .. and even homes. "some first responders say it was the most dangerous weather they've seen in some time. they've gone car to car, marking them with yellow tape, once they've determined

there is no one stuck inside ." the big dig out is underway to free trapped vehicles on the highway. the quick moving system gone .. but leaving plenty of damage behind. jennifer bjorklund. nbc news. lake hughes, california. incredibly .. no one was seriously injured in the flooding and mudslides. forecasters warn the area could see more showers through this

november is national adoption month and some local families are sharing their stories to raise awareness... michelle morgan - adoptive mom @ need for adoptive families ... its not sound...' the morgans have two kids... avery and alex. both were adopted as babies through bethany christian services. the family hopes more people get involved in local events celebrating adoption... like the gingerbread walk and run. diana baltimore - event organizer @ 12:19:45 'thats the thing thats awesome about these events...everybody coming together to promote adoption, birth parents, adoptive parents, adoptive families...' there are two gingerbread

november 7th in des moines. we've put a link where you can register at who-tv-dot-com under the on 13 tab. there you'll also find another link with information about adoption awareness and advocacy. for diana baltimore - its personal. shes adopted, her birth father was adopted and she has an adopted daughter. she also runs a non-profit dedicated to promoting adoption awareness. you could say our sports department has adopted meteorologist brett mcintyre!!! next, he's going to preview tonight's big game between waukee and fort

the republicans finally admit it. >>"republican kevin mccarthy saying ...the committee investigating benghazi and clinton's emails was created to destroy her candidacy..." "everybody thought hillary clinton was unbeatable, right? but we put together a benghazi special committee... what are her numbers today?" republicans have spent millions attacking hillary... ...because she's fighting for everything they oppose... ...from affordable health care. ...to equal pay... she'll never stop fighting for you. and the republicans know it.

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or, get 0% financing for 72 months on these remaining 2015 chevy vehicles. it's been a good season for the fort dodge high school football team so far. but tonight the dodgers are taking on ranked opponents. fort dodge is traveling to the metro to battle the warriors on waukee turf. our brett mcintrye is switching rolls this evening to give us a preview of tonight's big game... he joins us now live from waukee... brett... you do know a bit about

stick around, we'll get another look who's toughest on spending? fox news did the analysis and jeb bush had the best record. billions in pork, vetoed. eight budgets, balanced. and tax cuts every single year. right to rise usa

if you think storm damage is the only cost of climate change, think again. from the rising price of food to higher insurance rates for homes and businesses, the economic damage will only get worse. but with american-made clean energy, we can save money on electricity and spur innovation to create new businesses and jobs. it all starts with 50% clean energy by 2030.

who has the plan for jobs? jeb. tax cuts for the middle class. eliminates special loopholes. an explosion in growth and new jobs. jeb: cut taxes. grow america. right to rise usa is responsible for the content of this message. tonight, extreme danger coast to coast. mudslides bury a

california highway,