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admits she was surprised by what happened. >> i came back and turned on my cell tone. i was like, it -- what happened? >> and told telling reporters it was clear from the beginning there would have to be an investigation. >> we've been working hard to come up with a team that would be independent. >> and we're going to have to interview those involved and find out what they had to say and see if there is a use of force reporting. >> he will be joined by retired officers and a retired coast guard captain. and scott olsen, injured when struck by a tear gas canister got word of the investigation today and his friend spoke on his behalf and says he told olsen about the investigation but has little confidence it will be impartial. >> they wanted an independent investigation, they should have gotten someone out of the law enforcement area. and last night, the mayor came in for more criticism when the vice mayor blamed kwan for allowing protestors to los down the port of oakland. and received police should be instructed not to keep the port open. >> i think we did our best and kept mostest port open. i'm saying that the way you keep the port open is get them to understand that that is not a good target. >> coming up at 6:00 we'll hear from protestors on that. i talked with a spokesman who would not confirm the story that businesses threatened to move their trade to los angeles rather than stay in the port of oakland. we've heard stories about businesses moving from the chamber of commerce and we have yet to hear confirmation from companies themselves. and in berkeley police have given a final eviction notice in a flyer last night. police say occupiers are in violation of a code that for bids anyone from being in the park after 10:00 p.m. when the code will begin to be enforced starting tonight. and this canal what has been at the park two months. >> the golden state warriors are facing a lawsuit filed by a former warriors employee that claims she was fired after rejecting advances but the warriors have a different version of events. and. >> just a short time ago the warrior president walked into a room here and denied allegations and says the relationship between the accuser and franchise player was kons senseal but smith says ellis sexually harassed her by sending more than 60 text messages from november, 2010 through december, 2010 when working as a community relations director. here is her attorney. >> texts were not work related. and were unwelcome and harassing. most of the texts were sent late at night or wee hours of the morning. and there is evidence to show you they started with the phrase "hey, sexy". >> i was let go. >> and smith says she was not interested in ellis because he was married and responded by say things like what do you want? i'm sleeping but says she was intimidated and scared. and was fired in retaliation. and accord together team president the lawsuit has no merit. >> and we're made aware of a consensual relationship between mr. ellis and the plaintiff and did what an organization should do. we told both to stop promptly. and fairy. warrior have never taken action against the plaintiff for any inappropriate reason. we deny allegations. >> and he took no questions. the team says it's not going to have further comments but is going to defend reputation of the organization in court. as for erica smith and attorneys, he would like her to get back wages and benefits and moneys as well. but would not specify the amount. live in oakland abc 7 news. >> a police officer is okay after being pepper sprayed while trying to stop a muni fare evade yes, police say inspectors asked to see proof of payment along the embarcadero. the man refused and police came in but the man fought with them. one officer pepper sprayed him hitting another office skbrer a woman in the process. they're okay. the suspect then ran from police. >> and city engineers and san francisco fire department inspected candle stick park circuits this afternoon to see what went wrong monday night when a stadium went black not once, but twice. >> and we're told it could be sometime before getting to the core of this. engineers wanted to see for themselves what was here. there is a switcher here that controls the current into the stadium. there are about seven to eight trance formers. this is very important because those outages monday night could have exposed other problems associated with the system in the very old stadium. officials from pg&e and fire department met with rec and park staff for a walk through of the system. dennis kern is the operations director. >> we've done upgrades so won't know until finishing our walk through and check of equipment. >> some of the fire alarm boxes near the stayed women were fried. other crews fixed wiring of lampes which were no longer working. >> lights have gone out again here. and there are two outages monday night between the games. the first happened at 5:18. you can see down power line arcing northwest. tens of thousands of fans sat in the dark 20 minutes before lights came back on. the stadium went black again in the second quarter. and pg&e he traced the cause to a downed power line. and there is a slice that failed shutting power off to the stadium. >> there is a clear understanding of what happened with the first outage. the lineophile failed. the second is less clear. >> the second power failure is still a mystery. it appears now, that it was a partial outage. puc assistant manager explains. >> and this appears there may have been pockets that did not get grid power right away. here still on back up power. >> so there are many questions. tonight crews and engineers will test lights here. the street lights as well as stadium lights. they want lights repaired as soon as possible and before any game next month. that could be a night game. >> and president obama called house speaker john boehner today urging them to get together to resolve the standoff. the white house says mr. obama called on boehner to bring the house back into session and. >> this reiterated to me and his commitment to work with congress to extend cuts for a year. the fact the short term compromised passed by the senate is the only option to ensure middle class families are not hit with the tax hike in 0 days. >> today the senator wrote boehner urging him to allow a vote on the bill which house republicans have blocked. boehner insists the senate needs to act. >> we're asking for to get members over here and this is to work with us so we can do what everybody wants to do. >> and if a deal is not reached americans will not only lose a tax cut they'll have taxes raised by that amount instead. >> we enjoyed another beautiful day. and there is a first look at the accu-weather forecast. >> skies are clear this evening but it's going to turn cold again overnight. during evening hours, we'll see it's getting chilly. temperatures from 38-48. and there is a freeze warning in affect. low temperatures will drop into mid to upper 20s in spots. so it will be cold around the bay area but up into north bay valleys, tomorrow afternoon, sunny skies and there is a high temperatures from 56 inland to near 60 on the coast. so what does the weekend hold? i'll have information and a look at that in just a moment. >> thank you. >> coming up next conversation some health experts say you ought to have over the holiday autos and yes, she did it again. britney breaks another record involving a tech company. we'll be live with that story plus the latest on yahoo. this afternoon, french government is going to pay for as many as 30,000 women to have their breast implants removed. health officials say there are concern that's the women's implants could be linked to a rare form of cancer. the impants are made by a company called polly implant, this is not used here in the united states. >> and many people overindulge during the holidays but some believe the holiday season also gives family members an opportunity to tell loved ones they need to watch their weight. a poll found 42% of young acults would not tell because it might hurt feelings. britain's national obesity forum suggests having that conversation today could help extend someone's life so they can enjoy more holidays in the future. >> and video game makers market so called games for children and young adults and suggests seniors might benefit the most. the national counsel on strength and physical fitness reports the games improve mobility and koord naigts and provide a distraction for pain. they stress they should not replace more vigorous forms of exercise. >> i have tried that dance game. it's not that easy. i'm glad we don't have video of that. and there is a rumors circulate. will a takeover cure the black berry blues? let's go live to bloomberg west with today's after the bell report. >> and there is another twist today. boards may be considering selling assets to satisfy investors. bloomberg confirmed yahoo may unload most stakes in alibabaz yahoo's board will reportedly meet to discuss. research in motion shares surged on talk amazon, microsoft and nokia tried to buy it. the stock rose more than 9% today smchl say a buyout is unlikely and told us may it may be the only way to keep it from slipping into a debt spiral. he thinks microsoft, google or intel could be potential buyers. >> and this is going to look really scary. ice cream sandwich devices are going to start hitting the market. and there are low end android devices ramping right now. so it's going to get worse before it gets better. that is what i think might open their eyes to a phone shall merger. >> needless to say there is a long road ahead zaol investor star board value is calling on the struggling giant to take action to stop the bleeding. star board has a 4.5% stake in aol and said aol's display business is losing half a billion dollars per year but there is value in aol content properties. and tim armstrong told me he believes aol needs to make more progress. a and markets closed relatively flat today. your bloomberg index down more than 2%, with oracle tanking close to 12% after a earnings report yesterday z it's official. google's social networking site google plus has a user with a million followers. it's britney spears according to the web site social statistics. brit nay apparently still very popular. at bloomberg studios i'm emily chang. back to you. >> thank you. >> and time to get the full accu-weather forecast and what is your line? no snow for santa? >> no snow for santa. and we do expect rain next week, will be after christmas so. we do expect rain. and there is a live view from our camera looking towards mount diablo. you can see the haze. today is a spare the air day. we've had declining air quality and that is a persistent problem. right now we're looking at readings a little bit on the moderately cool side. 55 in novato. and we've got 60 degree readings in san jose and los gatos, oakland and 63 up in santa rosa, our warm spot so far today. highlights, there is a freeze warning in effect for north bay valleys. winter sole cities arrives tonight at 9:30 this, dry pattern stays with us into next week. we do expect to see change. there is a freeze warning in affect and wide spread 20 degree readings are expected in the north bay valleys, freeze damage, so you might want to protect your pets, plants and people in weather like this, expecting lows to drop down to 26 and napa and numerous low 30s and this is a spare the air day. and now, the satellite image shows high pressure still the dominant influence in weather. this dry flow continues way up north. and then, cuts down into the western u.s., it is still not bringing us rain storms, we may get one next week. animation at 7:00 tonight wind yoo conditions and after hours tomorrow we'll see sunny skies once again and maybe not so mild as today but still pleasant day. and right now, we're looking at gusts at knoxville creek over 30 miles per hour. and longer at mount diablo. there are breezes stronger in higher el vaigsz, highs around 60 degrees in napa. 60 in oakland and fremont. upper 50s in other locations and low 60s in monterey bay. here is the accu-weather forecast. the dry pattern continues with cold overnight weather. and saturday, dry weather through sunday, christmas day. then, we expect a little rain tuesday, and into wednesday of next week, let's hope this is a vigorous storm providing much-needed rainfall oo. we'll see how it's developing. >>. >> thank you, spencer. >> coming up next, retiree with an mazing record leaving behind hundreds of remainders of his work in the south bay. >> the 106-year-old stock who had a front row seat for ups and downs. >> the state gearing up to send thousands of leters warning the unemployed. >> and we check traffic downtown san francisco, skyway. it's a crawl moving left to right. and it's starting clogging up early during the day. and stay with us. news at 4:00 continues. >> it's not unusual to retire in the age of 63 but in this case it means leaving behind 200 off spring. >> those off spring are roses he planted and attended to for 33 years. >> this is not unusual, you're right. however this, man is unusual. it's been a bed of roses for the man who tended to the rose gardens behind me but it's time for him to retire. >> this is cure yaited by me. >> john had a vision to plant roses when mission college opened. there are now 200 on campus, so well tend that had they bud, and bloom in december. >> you can't put it in the ground and let it go. no. you've got to baby it. and tender loving care. you know? >> the college faculty and staff call him the rose man. a gifted horticulturalist. and now, after 33 years tending to these roses he's retiring. >> this is like my second home. i'm going to miss everybody here. i mean and he knows the variety by name. fragrant cloud is one of his favorites. >> it doesn't have much of a bloom. it's very strong. >> and saying the roses provide aroma therapy. >> i work for a florist shop. if i wanted to feel better i'd open up the freezer, and breathe in flowers and rose autos there is something else that makes him remarkable. he hasn't had a sick dmai 33 years. working outdoors, he says is probably the reason. however, it's time for the gardener to retire. >> and this is time fr me, so, thank you. >> he isn't completely done tending to roses there is another important rose, his wife, whose name also happens to be rose! in santa clara, david louie abc 7 news. >> that is great. >> perfect. >> yes. it is. thank you. >> and still to come, san francisco remembers its blue grass ben factor. >> not even an investigation could keep this clinic from reopening. >> and new rules on what pilots have to do between flights. >> and from our camera, there is a warmth of rays of sun overnight tonight. i'll have the forecast coming up. [ female announcer ] hurry to jcpenney... ...for the final days to save before christmas... ...and shop til midnight for those last minute gifts. like 60% off must have winter coats... ...and 60% off the coziest sleepwear. go to jcp.com to see everything on sale. jcpenney. ...for the final days to save before christmas... ...and shop til midnight for those last minute gifts. like 60% off must have winter coats... ...and 60% off the coziest sleepwear. go to jcp.com to see everything on sale. jcpenney. the marijuana club police shut down last week is open again but maybe not for long. >> well, the collective has been opened about five and a half hours now. and while police are well aware of the act, so far, the only people coming to the door are happy to see it open. at 11:00 sharp, the happy wel wellness center reopened its doors. justin hammer knows he's defying a city ban and orders from local law enforcement to shut down. >> there is no way i can sit back and not open. if i felt like we're doing anything wrong, i won't be here. >> the move follows a raid on the collective a week ago ask a search warrant served on a rented danville home. a spokesman says they're reviewing the evidence. and clikts are worried about action. >> they probably have something planned. >> commander bob douglas declined an interview but said we view this as i will legal, and support task force efforts to shut down. operators say they're committed to helping people in need of medicinal marijuana its not fair to all of us that are stick. >> and agents believe they have violated the law. and operators say that was finance for the state board of tax autos books are kept and showing this is a nonprofit and nobody is making money from this. and is actually losing money. officers are losing money. >> and in addition to that ongoing criminal investigation, the city has filed a civil case against the collective. that is going to court on january, january 12th. operators sfai a judge orders them to shut down, they'll comply because they say a court is the proper mechanism to deal with this situation. >> and the state filed a lawsuit against fannie mae and freddie mac in order to find out more about the role in-housing melt downs. the state attorney general filed a suit after claiming the company have thus far refused to answer questions. the agency own owns fanny and freddy and has not commented on the lawsuit. bank of america paid $335 kblinl today to settle a court case accusing it's former home loan subsidiariy, country wide of discrimination based on race. the federal government accused country wide of charging qualified african american and hispanic home buyers higher rates than whites with similar credit cards. >> these allegedly included wide spread violations of the fair housing act and ep represent alarming conduct during the height of the housing market boom. >> today's sell yet -- settlement will provide compensation to 200,000 borrowers. b of a bought the lender before closing knit 2009. >> safety advocates are plauding rules aimed at preventing pilots from becoming too tired to fly. he they'll limit the number of hours pilots can fly to nine and set the rest time to a minimum of 10 hours. the rules nearly three years after a regional airliner crashed near buffalo, new york, killing 50 people. >> it's a big deal. for 25 years people have been talking about this and haven't dung a dang thing about it. we have. vast majority of people that fly on regional plains swril assurance under the rule that they're flying safely. >> research confirmed it can erode judgment. passenger airlines have two years to adapt to the rules. >> and thousands of people came together today in san francisco to celebrate the life of warren hellman. the billionaire who shared wealth and passion with the city. >> this is amazing today, it was, i guess you milt call him a renaissance man. that is the way the family describes him but he was passionate but it was also about music. and the music was his wife. 30 musicians played as friends and family led the service. it is a tribute to the man who left a mark on san francisco. and he found his biggest reward in muse yirks his most memorable reaction is the hardly, strictly blue grass festival. he often talked about the love of blue grass. >> and i try to pretend i'm enjoying it. >> to remember him, speedway meadow has been renamed hellman hollow. >> there was never any question about doing this. it was unanimous with the board and the testimony was just stunning. >> and he leaves such a legacy on this story. it's remarkable he says hellman had been helping him on the america's cup plan. >> one of the things people don't know is that he helped us save the giants. and he helped us put together an effort. >> his attitude at giving back transcended not just charity, but people he dealt with. >> this restaurant was his partner, he may be gone but what he's created here will live, forever. >> just keep fall sog who knows it's going to end? >> and it's not going to end. he made sure it's funded for a long, long run. there will be a celebration in february. >> and thank you, don. >> a soldier commits suicide and eight troops have been charged in the death. the private battle against those with whom he served. >> individual yof a couple making a choice after their house caught fire. >> and there is a look at air travel. in the east because of stormy weather and low clouds, we have delays and from washington national to new york, delays between one hour and two and a half hours with low cloud ceilings. no clouds here in the bay area but there is a big chill coming our way. details in the accu-weather forecast. prosecutors charging eight u.s. soldiers in the death of a fellow gi, accused of taunting him because he was asian american. he died in october while serving in afghanistan. and it appear ez died from a self inflicted gunshot wound. charges range from manslaughter. >> people responsible for his death must not only be charged but they must be found guilty of killing him. >> the government claims some accused soldiers dragged him across the floor, threw stones add his head and mocked his accent. he had written about harassment on his facebook page as well as e mails to his family. >> some of north korea's top generals pledged their loyalty to kim jong un, son of kim jong-il. thousands came to pay their final respects. kim jong-il led the communist nation 17 years. >> and a north korea defector went to london to celebrate the death of kim jong-il. they said they wanted to congratulate the diplomats but didn't get a chance. the workers called police. officers escorted them away from the embassy. >> still to come on the news at 4:00 turns out santa is a saint. he saved more than christmas this week in tex, next. >> and the ter end to this man's lucky day sears last one-day sale of the year thursday, 7 am! 55%-65% off coats, sweaters, and pajamas with savings pass. an extra 10% off bed, bath, and kitchen. plus, fashion boots up to 65% off. shop same great deals, preview wednesday! sears taking a look at lake tahoe, a little bit difficult to see here. our banner is covering up what little snow there is on the ground this, is where solistice, shortest day of the year, hopefully there will be snow on the way. spencer swril a last look at the forecast coming up. >> and there is some frightening video out of detroit, michigan. a man and woman trapped in this houchls there you can see a man jumped and then, the woman. she broke her leg and is still in the hospital. the man is said to be doing okay. he said they had to jump because they can barely breathe inside and they wrt only two people there. >> and that is frightening. >> a good samaritan santa claus gave a gift yesterday. >> and santa was directing traffic pulling a man from the burning car just in time. >> i grabbed his jacket and i said your car is on fire. we turned to leave. that is when i guess the battery exploded and everything just went up. >> he was in costume on the way to deliver toys to families in need when the accident occurred. he sprang into action he says he lost his only son in a car crash. he wanted to make sure these families didn't experience the same tain payne he's endured. >> a man won a lamborghini only to smash it hours after being clifr delivered to his home, he jumped for joy when he won the car last month part of a contest. six hours after getting the car... he crashed it during a joyride. he plans to sell it when he comes back from the body shop to help pay off bills. it was worth at least $350,000. >> i'm sure goitsing to cost a lot to remayor that. >> yes. it's not going to be cheap. >> still ahead california couple making history with this tip. >> and there is a tweet ending for one bride to be's search for a missing ring. >> a school district tries to get back into the game with state of the art force fields without taxpayers spending a dime. h@ history made when two women became the first same-sex couples to share the traditional first kiss on the pier in virginia beach. a petty officer got off the uss oak hill and gave a quick kiss to her partner. this is the the first after the repeal of the don't ask, don't tell policy three months ago. >> and he may be 106 years old but he isn't slowing down. he's been working as a stockbroker since long before most of us were born and this reporter shows us he still goes to work on wall street every day. >> when were you born? >> december 19th, 1905. >> he rang the opening bell on his 100th birthday, six years ago. >> how has wall street changed? >> it was more of a rich man's game. not that i was rich but it was designed for banks or insurance companies or railroads, public utilities. it is a business for everybody. >> do you still watch the stock market closely every day? >> i have the idea. i don't watch it because i'm not a trader. >> you're a value investor? >> right. i stick to the 20 stops -- stock that's i hold. >> who is your idol? >> ben graham. >> that is warren buffet's idol too,. >> what do you think is the reason for your father's longevity he has an office to go to and a job, and responsibilities and it's important. >> do you think you'll live to be as old as your father has so far? >> do you want to? >> you didn't have bloomberg terminals, right? >> no. i was very lucky. i was just in time. and there is radio, television. >> do you have a cell phone now? >> yes. i do. i don't use it much except to remind myself what my number is. >> i see. >> but irv doesn't think technology makes things easier when he looks at gadgets. >> he has to know how to work the books. >> i can assure you if either one of us makes it to 106 we'll not be sitting here. >> but spencer christian might skpb it's not that many years away. >> i had irving in school. i have just had more work done. >> and and still pretty good. >> take a look at a time lapse view. and there is haze over the bay area, poor air quality today. and there is how breezy it was today, but we still have had poor air qaushlgt tomorrow should be a big travel day. we expect snow around denver and there is some height flurries. looks like a good day to travel. high temperatures will span a wide range tomorrow, chilly up into north central states and interior states. looking for highs of 23 in fargo. 25 in miles per hour. and there is how mild it will be in the southeast. 75 in new orleans. 82 in miami. we'll have pretty seasonal, normal temperatures over the remainder of the nation z there is highs into low 60s in palm springs and langs lachblgts and over in the sierra, yosemite a high of 48. and here in the bay area, sunny skies once again after very chilly overnight and early morning we'll see highs tomorrow mainly into upper 50s to around 60s. >> thank you. >> and you might have a harder time finding an ipad incoming weeks and you can blame it on an explosion in china this video from apple shes ipad. it's assembled there. investigateors believe dust signed of a factory triggered this explosion. that blast injured 60 workers. all are expected to survive. >> there is a bride to be can thank twitter for finding her lost engagement ring. >> she rides a commuter train to her job in boston, every day. one morning she took her ring off, put it down and got off the train. she realized ring was gone. >> her kor workers tweeted one of our employees lost her engagement ring. >> a custom ring. my mother's stone is in the middle. it's sentimental. >> other commuter as lerted workers, and a conductor spotted the ring. he calls it the most-excite thing that happened in the time he's been working on the railroad. >> so fortunate. >> behind the scene was president obama today on a shopping free. first up, first dog, beau. >> i'm ready this, is his holiday bone. >> that is some bone. you don't see a president and dog shopping alone. and if you don't count the small army of secret service agents there. and the president won't join them until the congressional stalemate ends. >> in case you're wondering, the girls beat me every time on the band games. >> and the president picked up pizza for his entourage and headed home. the president and i both being beaten by our daughters regularly. >> and thanks for joining us for abc 7 news at 4:00. >> you can keep track on abc 7 news and talk about it on facebook drom -- .com. >> tonight the woman accusing monty ellis of sexual harassment speaks publicly. >> and collateral damage over payroll taxes. california sending outleters warning the unemployed benefits will run out. >> how a school district is building new sports facility was out spending a dime of taxpayer money. >> good evening, i'm dan ashley. >> the season is about to start. the golden state warriors are in the middle of a crisis. >> their star player is being accused of sex wall harassment his accuser says is proof. and we're live with the latest in this story. >> and. >> according to the team president it was a consensual affair and says when he found out about it, they said to stop. she says there was no relationship and she was being sexually harassed. today she filed a lawsuit against both ellis and the team. >> i had to deal with interaction with the players. >> and she says she lost her job as community relations director after unwanted interaction with one player. smith sedz he sexually harassed her and today she filed a civil suit. her attorney says she sent smith at least 61 text messages between november, 2010, and december, 2010. using a secret cell phone kept by the team equipment manager. >> the texts were not work related.

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