Because of a hung jury Derick Almena my face another trial but i could backfire for the prosecution. Theyre not going to have a good guy and a bad guy. Reporter max harris was a bit of manslaughter. I think youre looking at less of a chance of success and more. Reporter harris is now enjoying his first full day of freedom. Its a compute complete change of roles for him. Going to these loving arms and people giving him smiles and being able to talk with whoever he wants to talk with. Reporter a new trial will be costly, financially and emotionally. Its a mistake for them to retry this case. Its throwing good money after bad it is not going to make anything better. The attention now turns to city lawsuits, thats why it was set for next year. Mary alexander says she is still moving forward to prove negligence. Some people would say in time for retribution. Lets go after the people that are partially responsible. Reporter if the da would retry the case this legal analyst have a suggestion. I would put a couple integers here and Start Talking to the jury and say look at those chairs. The city should be there. Why is Derick Almena here is a mark reporter prosecutors have not said one way or another whether they will retry him, for now they are only thing the heart remain with the families of the victims and they are considering all their options. The attorneys tell us they have in fact spoken to one of the tutors who held out for acquittal housing that hung jury. Joining us now is tony sarah, always appreciate your time and you coming on today. Since yesterdays verdict were announced have you had any conversations with anyone from the District Attorneys Office and you have a sense about which way prosecutors might be leaning in terms of whether or not to retry him . I do not intend to discuss we are adamant and we want another trial, when we go in october 4 we are going to ask for a trial date. As has been indicated we certainly will have a better shot the next time where we want be handicapped by a codefendant transparently innocent. In terms of the evidence 90 of the evidence was against my client. He should not have been charged and jurors to compromise so they felt they did their duty when they acquitted harris and unfortunately in my opinion they did not really look well enough for scrutinizing the details of the defense, i think that they were rendering an emotionally charged verdict im not afraid to retry it i want a trial date and im not going to communicate with the da. It sounds like you were disappointed with the fact that max harris and your client went on file at the same time and you believe that hurt his chances of getting acquitted as well . 100 . I think it was obvious. A severance could have been had which legally we were not entitled to. Based on the evidence in the case we certainly would have made a motion for severance, it hurt us to be in court with harris where harris you know 10 of the evidence was against him, 90 is against my client it allows them to compromise and to see a disparity that really is artificial. There are told legally to the side with each case separately but the idea is contrasting the evidence for harris versus the evidence for my client, it puts us at a great disadvantage which will not prese at the next trial. The cat is out of the bag. Next trial you have been speaking with a couple jurors including one of the holdout jurors who vot not guilty on the charges related to your client, what have you learned in those conversations with the jurors that you think will help you if there is in fact a retrial . I have not learned anything of substance. I did talk with one juror who did vote not guilty, she was emotionally tearful with the conversation, he was on the corner outside, i had spent 30 or 40 minutes with my client and we worked at each heand in essence you said that she and they in essence were all trying to coarser into coming over to their side but she remains steadfast so she did not go into detail, i asked to the other person was who held out and she told me we had an emotional exchange. Whenever encountered such a thing because at one point i put my hands on the shoulders and i looked and said thank you so much for being strong and i kissed her on the forehead which i had never done in my life and i said i love you and it was an impulsive act. The beautiful thing is it never happened again for me, she looked at me and said she was tearful and my tears were going inside and not outside. Very raw emotions then. The woman that you spoke with, the one voting not guilty was he part of the original jury panel or was she one of the alternates that was brought in . From the start. So it sounds like from our conversation that you are adamant that youre not willing to negotiate some sort of plea deal and you in fact wants to move forward with a second trial. Do you believe you will be calling your client to defend to testify, do you think that was a good decision and will you do it again . 100 , he has the right to give his side of the story and thats what we need to complete the evidence. She has been doing art and has become verbal and intellectual and even a scholar that he has ever been in this life so i think his persona will be good it will not be bad and i think his vocabulary will be meaningful hes a very bright person so i think that he will bring his side and they will know the character traits through his demeanor and through his testimony. 100 im going to call him. If there is a retrial do you think that max harris would be called to the stands to testify on behalf of of him . I will ask his attorneys whether they will permit it but i would desire to call them and he could help us considerably. We dont have a lot of time but for the families of those who lost loved ones im sure you saw the News Coverage you might have even seen their interviews, they were really upset with what happened yesterday. You believe that they are in fact guilty, your message to them this afternoon . We all learned a lot about all of the factors that collided in a sense to bring about this event. I say to them that your responsibility is distributed in so many Different Directions that they should readjust focus and their desire for revenge. And focus really on correcting the system that malfunctioned. Im talking about inspections and reports, no citations, no red flags. Telling my client you have to change things or out, the system broke down. The system extended to the providence that the system should not have. As we wrap up here because we are running out of time i just want to circle back here, i think what you said here at the top you are telling us there is no scenario or plea deal that could be offered by the District Attorneys Office that you and Derick Almena would be willing to accept . Well on being rational and if they offered a no contest plea and credit for time served so he would be immediately out i think were going to take it but theyre not going to do that. Theyre going to say we want more time than the previous one and im not going to negotiate, they want to offer that, we will consider its but it will have to be a walk away and theyre not going to offer that. Thank you so much for taking the time to talk with us, appreciate it. We have much more information on the ghosted verdicts on our website, you will find it all at ktvu. Com. One of the two republicans challenging President Donald Trump in the 2020 2020 raise and we will hear from the number congressman about why he is running. The first death for the brandnew chase center in San Francisco, how officials are getting ready for tonight opening event. The ross fall Fashion Event has all the looks for way less. Check this out thats yes for less. Get the brands you love and save 20 to 60 off Department Store prices. At the ross fall Fashion Event. On now. At the ross fall Fashion Event. So that early retirement we planned. Its going ok . Great. Now im spending more time with the kids. Im introducing them to crab. Crab . They love it. So, you mentioned that that money we set aside. Yeah. The kids and i want to build our own crab shack. Ahhh, youre finally building that outdoor kitchen. Yup with room for the whole gang. See how investing with a j. P. Morgan advisor can help you. Visit your local chase branch. And you get first dibs on that brand. At that price . Thats yes for less. Seriously, get the fall brands and styles you love and save 20 to 60 off Department Store prices. At ross. Yes for less. Following breaking news in the south bay were San Jose Police are investigating a deadly shooting that happened in a parking lot right side of a Grocery Store and partner avenue and meridian avenue. We just got to the scene. Reporter this is the food max supermarket here at the intersection of meridian, investigators are still working in the parking lot, they have brought their mobile crime lab and have a large section blocked off of the parking lot, police tell us this happened around 12 40 this afternoon in west san jose, a man was discovered shot here in the parking lot, he was rushed to an area hospital, the nearest one is valley medical center, the closest Trauma Center where he was pronounced dead. Now investigators are trying to piece together exactly what happened and who shot him and why, and the other information behind this homicide was the day is the cities 25th of 2019. Additionally there are patrons using not only the store but some of the other businesses and is complex who are unable to get their vehicles because they are on the other side of the Police Crime Tape so officers are bringing people in one by one to get to their vehicles because they dont want to disturb any kind of forensic evidence in the parking lot, not only close to where the body was discovered also anywhere else in the parking lot because perhaps the suspect might have come in and left some evidence in the parking lot just not right next to where the body is. There are trying to get people to their vehicles and get them out of here while also conducting investigations to find out who and why somebody the killer shot this man passed away at an area hospital. We will have more coming up this afternoon. Lets take a look at your forecast and the weekend fast approaching. Its going to feel like fall as we get into the weekend, today temperatures very similar to yesterday, some of us warmer and some of the school about the morning clouds followed by the afternoon sun and along the coastline remains pretty good. We do have partly sunny skies at the moment, 63 degrees in downtown San Francisco and santa rosa at anyone, we have 70 degrees in oakland and livermore at 83 and san jose right now reporting is 76 so as we get into the evening hours were looking at the cloud cover returning and tomorrow morning we are likely to wake up with it, at the moment you can see the coastline has cleared up and we have cloudy skies down through Half Moon Bay, oakland is reporting 14 or 16, this is going to ramp up as we get into the weekend, temperatures will be dropping off dramatically. 56 degrees to start your day in San Francisco, low 60s over areas like concorde and as we get into the afternoon five or 10 degrees colder than the afternoon highs from today, over 60s in San Francisco and low 70s along the shore, even our hot air locations will barely get to 80 degrees. We will hold onto this trend as we hold onto the weekend and beyond, i have details coming up in just a bit. Joe walsh is planning to challenge President Donald Trump in the race for the white house, hes a warmer Tea Party Congressman from illinois and has also been a radio talkshow host and a social worker. This week the issue is Alex Michelson sits down with walsh and he joins me now this afternoon live from los angeles. Why do this former supporter believe he has any chance of beating him . He thinks a lot of republicans dont like President Donald Trump but they are still embarrassed to say so so if they have somebody that can actually throw their support behind it might work. At least thats what hes trying. After a few months it became clear to me that almost every time he opens his mouth he tells a lie. You cant let. None of us can. You need three things, money, organization and message. We hear your message but in terms of money and organization the white house is already doing some things to try to stop you. There is move this weekend in South Carolina and nevada and arizona and kansas to get rid of the republican primary altogether, there will be no boat in that state meaning you cant get any delegates. What is your response of that . You talk about undemocratic, here is your president of the united states, this big tots ron guy he wants to eliminate elections, thats what youre talking about. Eliminate primary elections and 4 states its undemocratic and wrong, in 2016 he talked about how the system was rigged against bernie, he is writing the system this year because he does not want a primary opponent. Reporter is not the first president to do this when they are an incumbent, we have seen similar things in the past with bill clinton and barack obama, we saw some of this with george bush as well as some certain is not having primaries but that creates a real challenge, the other challenge unlike the democrats most of the primaries are winner take all so its not like a situation where you can pick up a few delegates here or there he could be end up getting shut out entirely and you know delegates. But he thinks somebody has to do it and bring up these points and he is challenging the president and a pretty profound way. Another thing possibly linked to of aping and up next were going to talk with an expert about the mystery respiratory illness sweeping across the country. The cdc is advising people to avoid using cigarettes because of a growing number of respiratory illnesses. Right now la county Health Officials are investigating a possibly fifth death links to vaping nationwide, Health Experts say the number of cases of severe lung illness has doubled across the country to 450, at least one patient here in northern, you is in a medically induced coma, his family says doctors believe the condition is linked to aping. Theres a lot of concern across the country about the health effects, you hear about now 450 cases of people falling ill, is this an epidemic and what should the response be . I think this is a Public Health crisis vaping has been around for a long time, what really scares us is were not exactly sure whats causing the problem, we know it has something to do with contaminants in the sterilization process of the things like jewel and things like that, this is occurring in young and healthy people, these companietargeting young teenagers as early as middle school and i think thats where were concerned. Why suddenly are people getting sick . We are not exactly sure of the process, something has changed, the market has expanded and other vendors have come in, there are contaminants in the vaporization process causing the autoimmune reaction in the body. Talk about this mix of chemicals that goes into the liquid, whether were talking about Nicotine Products or atac product, theres this mix of chemicals and right now Health Officials are trying to pinpoint which one of these chemicals or combinations of chemicals could be the culprit. We actually dont know theres not a consistent pattern, different vendors and companies have been involved, its really more about a regulatory process that needed and with proposition c which the heart of station has come out against, jewel is funding that proposition to try to get the relations out. Talk about what people that are cigarette users, what should they be concerned about for themselves . People were given a false promise that they were better than regular cigarettes, what we find is people using cigarettes in addition to tobacco. If you are vaping everyone should stop and if you have any respiratory symptoms starting with sore throats and chest pain and things like that you need to go see your doctor. You talk about the fact that theres a lot of mystery and not a lot we know about how these products are created, what do you think needs to be done in terms of government oversight in relation to this industry . The fda needs to regular the process immediately. They just asked to have this process related, michigan just outlawed kid friendly flavors in this, i think california needs to do the next and again things like proposition c need to be stopped. Stopped before it is too late appreciate your time and your insight. New developments in the boat fire tragedy, the victims identified today and how the owner is trying to protect himself from liability. We are here to discuss jessies online time. And out of respect, we will let you make the first offer. Thirty minutes. Thirty minutes . Objection overruled. One hour. Sweeten the deal by doing the dishes and ill consider it. I wouldnt do it. I hate the dishes. One hour with the tablet, you walk the dog and do the dishes. If you insist. Congratulations. Only xfinity xfi lets you take control of your familys online time. Thats simple, easy, awesome. Xfinity xfi gives you the speed, coverage and control you need. Manage your wifi network from anywhere when you download the xfi app today. Today authorities identify more victims of the deadly fire outside of the coasts of north california. An update on the investigation and the fire that killed all 33 passengers and one crewmember, dive scenes and marine units from across the state as well as federal partners and state partners have assist did in this effort. Reporter nobody heard smoke alarms when the fire broke out, about 90 miles northwest of los angeles. For members reportedly tried to reach the sleeping passengers on a lower level. Passengers were blocked from getting up the stairs. The only other exit was a small escape hatch leading to the dive deck, it was also blocked by names and even reaching the hatch would likely be extremely difficult in the dark the boats owners are defending the crew arguing they had no choice but to abandon ship. Within minutes they would have been consumed. They did their best, they could not get to firefighting equipment because everything was engulfed. Reporter the owners of the boat are also trying to limit their liability. They are invoking a precivil war maritime loss is actually used by the owners of the titanic and other vessels after accidents at sea but they could also face charges under a federal law. Last year authorities used the law to charge a duck captain and others in connection with an accident that killed 17 people. Divers are raising the boat from the water and bring it to a secure location for further investigation. The bay area is Busiest Airport is set to begin a major runway maintenance project thats going to run for months of september, where do you live without a project is going to affect airtraffic starting this weekend. This is a very big deal and heres why, at any given time in the next three weeks to of San Franciscos runways could be out of service. That is a serious reduction in capacity. Reporter the runway 28 left at 11,381 feet is one of the two longest trips, its close for three weeks. Not for unexpected repaving but for a threeweek replacement of almost 2000 feet of the runways layer. Where talking about a layer that has probably been there for about 50 or 60 years, it has been continuously paid paved but whats happening is that base layer is starting to fail. Some of the biggest jets can weigh up to 500 tons, if they have to go around they will be landing at about 350 tons, thats an enormous amount of weight for a runway. This is now a huge job because its right at the intersection will all wear all for intersections intersect, the most heavily used pavement on the airfield. Were actually going to be closing each of those intersections. Delays are inevitable, even in the slower travel season. We are expecting delays to run from 30 to 45 minutes on average but some delays could get at highest two hours. The message from city leaders and transportation officials is dont strive for the chase center for denies concert or any of the events scheduled here, San Francisco is not easy to get around so all these people coming in places like this it is difficult. Parking or just getting through the streets. Is usually pretty busy generally but im expecting it to be more busy. People will take the train. Reporter of concertgoers take Public Transit they will be ready for them. Not only are we adding up to 12 car trains to get people to the front door, they are also providing Shuttle Bus Service that will take people from the 16th street bart station to the chase street as well. The platform can accommodate up to 700 people at a time. We will have ambassadors getting people to the event and directing them or the need to go. They will also have an increase of presence for two nights event. We will have more on that part of the story in our later newscast as we take another look at the chase center in San Francisco it appears as though its dodged a bullet when power went out in the area, the outage was caused by a vote fire, 2900 customers lost power but not the chase center itself and we are told power in that area has since been restored. Virtual reality, how its being used to ease patient anxiety and help prevent opioid addiction. We will have a live look at this technology let up next. Hurricane dori made landfall in North Carolina today as a category one storm, you can see some of the damage left behind to a condo complex and thats because of the winds near 90 Miles Per Hour and also the heavy rain. More than 350,000. Are without power right now in the carolinas and virginia. This storm has been picking up speed as it heads north past the outer banks and is expected to remain a hurricane as it moves up the eastern seaboard. This all comes as storm survivors in the bahamas are trying to evacuate from the island. Reporter some are just beginning to clean up, boarded businesses are starting to reopen and thousands are still without power. The hurricane made landfall on the outer banks raising concerns about dangerous storm surge and flash flooding. Officials are telling people to get to the highest point in their houses. There is significant concern about hundreds of people trapped on the island. Spotting tornadoes thursday causing some damage, but nothing like the devastation it left behind in the bahamas. Five days later the search for victims and survivors continues. International agencies and First Responders say the situation is dire theres nothing left. Reporter hundreds of victims are trying to evacuate. I dont have anything. Reporter as dorian continues slowly up the east coast its triggering Tropical Storm and hurricane warnings as far north as canada. The weather back home and rosemary is going to let us know, we have some really mild conditions across the bay area as we take this picture of downtown San Francisco, the skyline sprinkled with some fog. Are we going to see martin i . Were going to take a dramatic turn into fall like weather into the weekend, lets take a look at what is happening with dorian, still a category one this is a three hour timelapse and you can see the rain has actually pulled off the coast just a little bit and dorian continues the track of the eastern seaboard. The wind is still impacting areas where we have tropical force wind stretching all the way into areas of virginia so that is still going on. There is near landfall are now looking dry, we have maureen on the way though even a little bit of rain right over the massachusetts area, dorian is expected to continue into the weekend, in fact right now a category one with 90 mileper hour wind moving northeast at 24 Miles Per Hour which is pretty much the fastest movement we have seen since introducing dorian, but take a look at what the models predict, its actually predicting that story and might strengthen and the next 24 hours to become a category two once again as it ships through the midatlantic and up towards new england so were going to be tracking this for you throughout the evening as well as to the weekend. For us at home are going to cool it down tomorrow, temperatures drop off five or 10 degrees from todays highs and as we get into sunday only slightly warmer only to cool down once again, it has to do with the system over the pacific right now, we will be moving through the Pacific Northwest bringing a little bit of rain, for us its just going to be cooler weather, we have clouds along the coastline, the coast cleared out nicely this afternoon but from ocean beach down through Half Moon Bay we are covered the entire day. Mostly sunny skies inside the bay is where i was inland communities and we have 70 degrees right now in oakland, 64 in downtown San Francisco, some of the warmer locations during 90 degrees in brentwood, fairfield is right about 90 at this hour but were going to take a turn, heres a look at what we expect tomorrow morning, widespread cloud cover inland and into the afternoon we see a lot of 60s and 70s, barely getting 80 degrees for warmer locations so areas near 90 for today only going to about 80 for tomorrow. The effort in high in fairfield is 79, upper 60s for south toledo, upper 60s to low 70s for the store and inland into the south bay in san jose youre going to 75, 74 in San Francisco, a Beautiful Day in tahoe this afternoon, right now reporting 79 degrees and as we get into the weekend take a look at the overnight lows, 30s and into the afternoon 76 on saturday, cooler on sunday six the afternoon high. Quick peek into the weekend temperatures slightly warmer on sunday only to drop again monday and tuesday, another nice warmup on wednesday. Going to the dentist can be an unpleasant experience but one dentist is hoping to change that with Virtual Reality. We have the dental Care Alliance chief innovation officer, thank you for being here. You aim to do this with Virtual Reality, tell me how this can actually reduce the patients anxiety. Theres a decade of research that proves that therapeutic Virtual Reality acts very similar to metros oxide, we have a laughing gas that works very similar so theres no drugs, less cost, more effective in most cases and actually really just laying back. At my Dentist Office i have a screen that i can lay in front of and can pick whatever i would like to watch. How is this different . It actually tricks your brain to thinking it is somewhere else other than the dental practice. It can be a great distraction but this is actually true drug free sedation. Thats what the goal here is it is not just about making a patient less anxious at the dentist but also reducing their need for opioids. We can leverage it in several ways, it has been proven to reduce pain and anxiety and surgical procedures and if you look at an mri of somebody using the reality it looks like opioids so it is a great replacement and were doing a lot of research right now and leveraging Virtual Reality beyond replacement. Do we really think that going to the beach will reduce my need for any sort of pain medication . Yes. I call it involuntary mindfulness, sending your awareness somewhere just like opioids do we just dont know where it is going, we can actually control where the alertness is going and put it into a positive place. Theres a lot of dentist that actually tried this out so im going to put this on. Its pretty immersive design pacifically for dental chairs. Right now im seeing flowers bloom and i have to say it does pick your mind and takes it off of other things i casee how is would be beneficial. Specifically calming nature scenes, we are not playing the audio obviously is calming sounds that really transport your awareness outside of whats going on. Theres not only images but also words, things i need to read. We haat that as a feature because this is not like a videogame where he wants us to be exciting because we have added some extra elements to help distract people and keep you engaged even if you dont have anxiety, its going to be a more pleasant experience. I was having to read the words i was watching these beautiful flowers bloom. The response you said was really good. Are we expecting this to be in more Dentist Offices soon . Absolutely, we partnered up with one of the largest distributors in the u. S. And we have been rolling out across the country, right now theres several in caliph and san diego and i believe now we have some signed up in San Francisco this weekend as well. Thanks so much for coming and we have all been following the Opioid Crisis and the epidemics that affect so many people especially in california, so we will be following up on this technology and see how it rose up it might soon cost to the drive down San Francisco, the fees for the popular tourist attraction. 6, 7, 8 big dreams start with small steps. But dedication can get you there. So just start small. Start saving. Easily set, track and control your goals right from the chase mobile® app. Chase. Make more of whats yours®. Antonio brown will avoid a suspension after all after he apologized to his teammates following that he argued with the teams general manager we talked about earlier, the apology came during a team meeting earlier this morning with the team captain standing behind him. The head coach says that brown will play when the raiders face off against the Denver Broncos in the Season Opener coming up. On wednesday he got into a verbal dispute with the raiders. A first step in replacing the old and heavily used escalators at the powell street station, crews are in the process of opening up the metal plates that cover the top and lower lending pits of the escalators, this is being done so exact measurements can be taken and used in the custom designing and building of the new units. This is the first escalator being replaced, 41 escalators will be replaced over the next six years over the 96 million renovation project. Now gov. Newsom will decide whether restrictions will you place, the legislature approved a bill that would allow the city of San Francisco to set up reservations and charge fees for people driving. Its estimated more than 2 Million People drive on this famous stretch of roadway each year. Neighbors have repeatedly complained about all the noise and traffic. Fic. We are here to discuss jessies online time. And out of respect, we will let you make the first offer. Thirty minutes. Thirty minutes . Objection overruled. One hour. Sweeten the deal by doing the dishes and ill consider it. I wouldnt do it. I hate the dishes. One hour with the tablet, you walk the dog and do the dishes. If you insist. Congratulations. Only xfinity xfi lets you take control of your familys online time. Thats simple, easy, awesome. Xfinity xfi gives you the speed, coverage and control you need. Manage your wifi network from anywhere when you download the xfi app today. The fate of Derick Almena remains unclear, hung jury in this case means the da must now decide whether to retry him. Its been two years and nine months since the warehouse fire claims 36 lives. Although the fate of Derick Almena remains unclear max harris is enjoying his first day of after being acquitted of all charges in the case. We have covered the trial from the very beginning and joni with a look at whats next we circled back today, now max harris is enjoying his newfound freedom. Reerattorney told ktvu he will not accept any offer from the da short of his release from jail for time served. We are adamant and steadfast, we want another trial. When we go and were going to ask for a trial date. We certainly will have a better shot the next time, we will not be handicapped by a codefendant transparently innocent