Bench, judge persky. He messed up big time, again. Another judge will be hearing the case here in palo alto. This involves a sophmore Football Player at the college of san mateo. The 19yearold smith entered a domestic plea for domestic abuse. Judge persky worked out a deal to attend Domestic Violence prevention classes for a year and perform 28 daze of Community Service after serving 32 days in jail. However, smith is not complying but is still playing football. Now, smith is back in court today for a probation violation inquiry. The judge had many opportunities to hold this young man accountable. To make sure he served his sentence. He was going to school full time, playing football at the college and working from 10 00 p. M. To 6 00 a. M. In the morning to pay for the classes. They knew he was having difficulty. The District Attorney did not want to speak about case much the hearing is at 9 00 a. M. Police at uc berkeley are investigating two new sexual assaults involving students, first on friday night a female student was at a social event at off Campus Fraternity. The next morning she reported unwanted sexual contact. On saturday, another female student reported she was at an off Campus Fraternity and an aquantitiance assaulted her. Police have not disclosed governor they are connected or happened at the same fraternity. New developments in the volkswagen scandal. Big settlement could come shortly. We are tracking that from the live desk. A final decision is expected in the next few hours at 8 00 this morning. For more than 16 billion giving money to car owners and dealerships, and under the decision, the german carmaker would spend a large sum of money buying back cars and fixing them. There is also Research Money set aside to help reduce emissions. It is decide by United States District Court judge Charles Breyer here in San Francisco. A preliminary decision was already handed down in summer, but, todays ruling will not only be important here in california but it will set a resident for other cases filed against volkswagen in six other states. Back to you. Vallejo police are still trying to figure out why a man tried to gun down two officers with an assault life goal at starbucks. The suspect, adam powell, is in Critical Condition. He was still trying to shoot them as he was running off. This happened hours after powells 2yearold son was accidentally shot inside his home in suisun city. Witnesses say the boy shot himself. He is in Critical Condition but expected to police. Powell drove bit starbucks six minutes before he ambushed the officers leading them to believe the attack was premeditated. In palm spring, 10,000 people are expected to turnout for a memorial for two officers shot and killed in the line of duty. Governor brown will be in to honor officers vega and leslie zerebny. They were responding to a domestic disturbance call and 26yearold john felix opened fire the he was a 35year veteran and about to retire. Leslie zerebny just came back from maternity leave. Jury selection resumes in the sierra lamar murder case. This is the video of the accused killer who could face the death penalty. Many on the jury are asking for a hardship excuse after the judge told them the case could last through frill of next year. Sierra lamar was 15 when she disappeared in 2012 on the way to school. Her body was never found. She would be turning 20 queers old tomorrow. Now, Melania Trump said the Sexual Misconduct allegations are lies and it was all boy talk. Have you crossed the line in the past with women . I dont think so. I have Great Respect for women. I have tremendous respect. The media should not be playing it. I like to tell people fewer lies, fabricated stuff in all cases. You can hear more of the donald trump interview on Good Morning America today and here is more on melania. Semi is sitting down for the First Time Since trumps sexual aggressive comments were released and talks about the election, agreeing with her husband it could be rigged. Melania trump did not say much but is speaking out now about her husbands hot mike moment. I said to my husband that the language and inappropriate, it is not acceptable. She is speaking to cnn on his socalled locker room talk on the bus. When you first saw or heard it what did you think . They were boy talk. And he was leading on, like, egging on from the host to say dirty and bad stuff. The going nominee insisting with no proof that there is a conspiracy to rig the election. Hillary clinton is behind closed doors practicing for the final president ial debate, her husband and daughter, stepping in at this starstudded fundraiser in new york city last night. A new National Poll Shows Hillary clinton with 11 point lead over donald trump, a day before the face off on the debate stage for one last showdown. Speaking of the last showdown it is tomorrow flight right here. It will be live from the university of never las vegas. Can you watch it at 6 00 p. M. Right here on abc7. Releasing taxes has been an issue in the president ial election and now it is a topic in the state senate race. The Sacramento Bee reports Kamala Harris and her husband released their earnings, and made a little more than 1 million in 2015 and paid 450,000 in taxes. Her opponent, representative sanchez, is declining saying she committed to giving the oc register her tax returns but they have not published tax return information. We have a valuable tool to help you prepare for election day. Visit abc7news. Com politics. Click for your voice your vote, guide and enter your zip code and address for a resource showing you the candidates and the measures on your local ballot. Happening today, more fallout from the wells fargo fake account scandal. San francisco supervisors are joining Community Leaders to ask the city to cut business ties with the bank which calls San Francisco home. The city treasurer. Speak about Resources Available to help residents affected bit scandal, less than a week after wells fargo chairman and c. E. O. John stumpf, resigned. The News Conference is at 10 30 at city hall. San mateo county has the highest costs of living in the nation according to a study by a supervisor subcommittee and this morning a decision could come down from the board that would give the county contractors a living wage of 17 an hour by 2019. If approved, it would be phased in over 30 months. Did you leave the windows open last night . Possibly . To get the fresh air . You will feel it this morning. Check out our picture from sfo where it is cloudy and 57, up to 11 degrees cooler this morning, where does it put us in San Francisco . Lake merced, and sunny side, glen park, castro, mission, 2355, and cooler in Portrero Hill and the marina district. The financial district is 58. We have 47 in palo alto. Walnut creek is 49. Along with fairfield and petaluma at 48. American canyon is 46. San leandro is 50. San rafael is cloudy and 56. Not much fog here. If you have a convertible today is the day to have the top down with the sunshine and calm conditions. Exercising wet trails if you are doing hiking. If you are on the water it will be fairly calm. The next three days, temperatures in the upper secretary to mid70s, 80s showing up tomorrow, and, again, on thursday and it could be warmer on friday. I will let you know about the weekend forecast next. Alexis . We are okay to kick off Tuesday Morning commute. A look at the bay bridge toll plaza, very light across all lanes. Cash lanes, fast track, and car pool lanes okay. We are close to an hour at 50 more minutes until the toll follow toll lights turn on. The drive time westbound 580 tracy to dublin, in the yellow at 32 minutes. Yesterday we were already an hour on the drive time so better today. Southbound 680 is okay. Dublin to mission boulevard south at 15 minutes and northbound 85 between 101 and cupertino in the green at 16 minutes. We will look at our super maps next. Macys catching flak for opening earlier on thanksgiving day. Coming up some shoppers say they have no choice. A new Gun Control Campaign takes a new twist using children to make their point. Months of people still coping with the destruction caused by Hurricane Matthew. Its the second leading Cancer Killer in the u. S. But, it is almost entirely preventable. Most colon cancers start as polyps. And screening finds polyps, so they can be removed, before they even turn into cancer. If youre over 50, get screened for colorectal cancer. Screening saves lives. Abc7 news all morning. A Richmond Police officer and his k9 are credited with getting the gun off the streets. The officer stop add car with a gun magazine loaded with bullets. They found the loaded gun along the route the car was driving. The man was arrested. No one was hurt. A new gun control p. S. A. Shocking a lot of people. An organization that fights to prevent gun violence, released this video calling for the deporting of toddlers. The Campaign Said that last year, toddlers shot and killed more americans than terrorists. Te psa is satire, the Campaign Said it highlights the problem of guns failing into wrong hands and urges people to vote for gun laws. Airline reservation that was on the fritz causing booking problems is back online. National carriers like southwest, jetblue, could not book or change reservations during yesterdays outage. The problem was with the pricing engine in the Online Airline reservation system. Airlines experienced check in issues. The suspect is used by more than 300 Airlines Cross the world. As we first told you yesterday, macys is not only going to be open this thanksgiving day but it will be opening an hour earlier than last year. This morning the store is taking heat for the plan. As lilian kim explains they did not have a choice. For many loyal shoppers 5 00 people opening sounds enticing. You go to macys on thanksgiving day . A it is possible. This is the four the year they will be open on thanksgiving day, and the first year it will open at the early hour of 5 00 p. M. Experts say there is not a last money to be made given the steep discounts demanded and the center pay employees are entitled to. But consumers psychologist said this is their way of gaining an edge. They rest on their laurels so this Holiday Season they are playing ketchup which is why they going through the closures. They are going through the process of being open when other retailers are saying, no, we will close this year. Staples and mall of america are some of the companies that have decided to close. It is a small victory for former retail worker who spearheaded a petition to keep malls closed on thanksgiving day. Now she is asking people to boycott stores that are open to send a message. People who think they want toship on that day, they will honestly be appreciative to have the extra time with their family. Macys said they are just giving what the customer wents, a jump start to the Holiday Shopping season. A group of u. K. Workers say low wages are forcing them to live in poverty. Abc7 was in oakland out the uc president s office where they reveals the results of a study that finds 70 of lower level employees struggle to put food on the table. 45 have gob hungry and one workers skips meals to pay rent. My represent has increased every year, last year 7 and this year, more, and my worry is i could be living in my car by the end of the year. In june the union asked for 25 pay increase over five years and the university is offering 15 pay increase over that period. The two sides have not yet reached an agreement. We have talk about Hurricane Matthew and the aftermath. This morning tens of thousands of people are still in need of immediate help. We are proud to be partnering with stations across the country to help those in need. Hurricane matthew caused bilions of damage across several state as week after the storm some people do not have power or have not been able to go home. I bring you a look outside of our sister station in raleigh, north carolina, they just kicked off a 15 hour food drive to help hurricane victims and hoping to fill the big truck on the screen with several more waiting to be loaded. You can listen by heading to our website, abc7news. Com. You can make a donation. Every dollar helps and no amount is too small. The information is right on our home page this morning. Over to meteorologist mike nicco and a check of the weather. Mike . Good morning, everyone, it is a great cause to think of other people when we are dealing with absolutely quiet and pristine river. Live doppler hd is dry. We will jump right in to the east bay hills camera showing fog, right along the east bay hills into the north bay. We are off to a cooler start and warming ending. Our warmest days are wednesday through saturday. Today we have midtoupper 60s Half Moon Bay and San Francisco, and richmond and vallejo and san mateo and the rest of us at 70 to 73 degrees. By warmer, check out antioch, our average high is 78 and we will be there tomorrow but in the low 80s on thursday and friday and back below average with increasing clouds and breezes on saturday, sunday, and into monday, but lowtomid 70s not too bad for october. Tonight, mid40s to low 50s so we will look at the sevenday forecast. You will see a warming trend reaching coast by thursday, with 70s there, and 80s for the rest of us, and a slight sea breeze, but, city, mid60s at the coast on friday with upper 70s to low 80s and we will stay the lowtomid 60s at the coast and lowtomid 70s saturday and sunday and monday and increasing clouds. But there will be storms to the north and they will miss us. I check the Golden Gate Bridge original seven Miles Per Hour and the commute, is it so light . You going faster than seven Miles Per Hour if you are travel on the Golden Gate Bridge, the zip are trucks, today, giving you more room on the southbound side. But no issue those talk about if you are coming to San Francisco from marin county. Red on the traffic flows on 580 if you leave the Central Valley but the south bay is looking great, and san jose on our traffic maps we have green traffic conditions all the way around, and same south of there, if you are coming through gilroy to the morgan hill area. We do have one area that is slow on the drive time, and i will look at that next. Thank you. A man goes out to catch a few fish but comes back with a monster lobster you will have to see. Million dollar pledge that San Francisco city hall is make to floodprone neighborhoods and the money flood victims could be in for. If you put tomatoes in your refridge, you will want to stop. Google air fare search tool has a new way to save money, a feature shows when ticket price are expected to rise on certain flights. So you can book before they are more expensive. Google hotel finder is upgraded, as well. Back to the drawing board for facebook on the Weather Forecast for specific areas. The problem is temperatures are shown in fahrenheit and in australia they do not use parent shoot so australians are cool, to the new hmm. [cell phone beeps] hey [police whistle blows] [horns honking] woman hey [bicycle bell rings] turn here. There. Excuse me. Uh. Uh. [indistinct announcement on p. A. System] so, same time next week . Well, of course. Announcer put away a few bucks. Feel like a million bucks. For free tips to help you save, go to feed the pig San Franciscos Public Utilities Commission Said the city will pay residents up to 30,000 for projects to protect against flooding. That promise was made last night during a Community Meeting at the police station. The meeting was called to give residents an update on efforts to fix San Franciscos aging sewer system. The city is going a 20year multibillion Dollar Program to update the system. A change is coming to the bay areas business of the bridges. New ramps from the westbound lanes of the bay bridge will open on saturday. There will be a new route for drivers headed to Treasure Island and yerba buena island, and the new exit is on the right side, not the left. Signs are up alerting drivers about the change. Construction on the ramps began in january of 2014. This was an experiencive project, almost 100 million. San francisco is celebrating the new fire boat, added to the fleet on the loma prieta earthquake playing a big role in saving the distribute after the 6. 9 earthquake in 1989. Yesterday a federal grant helped to make the San Francisco Fire Department third vote a reality. Students suggested names for it and an airportyearold won with the suggestion st. Francis. It felt like i was, like, being mayor for five seconds. You want to be mayor some day . I would rather be president. Whoa why not dream big. I like that. All the city other two fire boats, phoenix and guardian, were also named by kids who are not going to be president because nicco will take that part. Timing is everything and it could not be more true for this rescue on lake michigan. A man contacted police to say that his friend who was wife surfing texted so say he would not make it back to shore. The coast guard was able to call him to find his location. It was just in the nick of time another half hour and the sun would have Society Making it very difficult to locate the wind surf december complete surfer and complete the rescue. All the totals of the rain we received compared to normal. We are 500 for livermore, more than 400 for monterey and napa. San francisco 300 extra, and san jose where we should be. Not too bad. The exploritorium camera at pier 15, starting off cooler today. Although we are warming nearly 30 to 35 degrees it will bring us back to yesterdays levels to a degree or two warmer. You will not notice the remainth physical later in the forecast the i will have those details next. What a difference a day makes, yesterday we had four rollovers by this time and we had a lost water on the roads including right here at the richmondsan rafael bridge on the richmond side with big ode puddles. Today, much more dry and the conditions are looking great and overall our drive times are looking good, we are up to 37 minutes on westbound 580 at dublin with no issues on westbound 4 antioch to concord in the green at 14 memberships and southbound 101, san rafael to San Francisco in the grown at 8 minutes. We will talk about construction next. A study explains why tomatoes can lose their flavor when you put them in the refrigerator because the genes are chilling out. End the environment drops below 68 degrees the gene responsible nor making it taste like a tomato are turned off which could help scientists solve the problem, they are thinking of breeding tomatoes that resist the cold. The study is published in the proceedings of the National Academy of sciences. Or keep it out of the refridge. Look at your screen, can you imagine going out fishing and catching in beast . This is a crew that caught accidentally a 14pound lobster after hurricane nicole. The bermuda chatter boat was out fishing for snapper. They posted this on facebook. You can see why it want viral, it looks like it could do some damage. This wrote oakland hurricane nicole blew in some sea monsters. They released it back into the ocean. A it would serve an entire red lobster for two or three days. Controversial sculpture is getting a permanent home in the east bay, the message the artist hopes to send everyone. Next at 5 00 a. M. Ought government accuses valero refinery of polluting bay area waters and what it could cost. A horrific cra good morning, south bay, lets get up and get going. Good morning, it is 5 00 a. M. On Tuesday Morning. Tuesday. Had to thing about that. It is tuesday. The whom team is here, jessica castro, good morning. Alexis smith, good morning. And mike nicco. How are you . Doing well. Off a couple of days. I missed the rain and
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