messages late at night from star guard monte ellis. >> it has been an extensive cover up, an attempt to sweep it under the rug. >> reporter: and he revealed a graphic photo that smith says he sent her via text last year. >> my client was mortified. she is being blamed and told it was consentual. >> reporter: he used a secret cell phone provided by the warriors. >> you kept the cellular phone hidden with the equipment manager. hid the phone bill, go to a third party so it would not be scene. >> reporter: smith was fired in august t was a job she held for four years. she worked in the nba for 14 years. >> i worked with the players, you know, i had interaction with the players and giving back to the community. i loved my job. >> reporter: smith's lawyer said there is no evidence that the warriors ever conducted an investigation. he says that his client deserves an apology, money for lost wages and ellis some disciplinary action. how did they find out about the scandal? apparently from ellis' wife. >> more details, we caught up with him today we were the only station to talk to him. he would not say much the team said it did nothing wrong. >> it is a legal matter, and you know what happened it happened. >> we live in this society which lutes too frequently are driven by money and not the for the pursuit of justice. we'll defend the reputation of the warriors organization in the courts. >> the president of warriors said they did not take action for an inappropriate reason. you can go to the web site to view more from the press conference. look for the link upped the top story section. >> man is at serious condition after being shot by rich mopped police today. the incident happened at 2 p.m. near several hotels on geraty way next to the hill top mall. they responded to the extended stay hotel after a report of a man with a gun in his waistband. they say by the time he got there, he left through the back of the hotel and spotted at a courtyard by marriott. >> they approached him, he grabbed the gun in a threatening manner, the people felt threatened by him. and that's when the officers acted. >> an officer with a shotgun tried to stop him, that's when he was shot in the torso. he's not been identified. he is expected to survive. a law enforcement veteran was named today to head an investigation into the tactics during occupy protests. and he spent 28 years and before starting a consulting business. and a fair and honest investigation between the police and protesters. and she welcomes the effort. >> when i came back from washington and turned on my cell phone and my daughters stopped the teargas i said what happened t was clear that -- it was clear that we knew from the start that we would have to have an look at what happened. >> the city budgeted $100,000 for the investigation which will take about 90 days. berkley has delivered an eviction notice to the occupy encampment in martin luther king civic park t advises protestors they have until 10 p.m. to move out or face arrest t has been there since october 15th. officials say that it is in violation of two city ordinances, one that closes parks to the public at 10 p.m., another that prohibits camping on public land without a permit. knew at 7:00, san francisco pays tributes to victims of homelessness, people who died in a relative obscurity in the past year. paul chambers is in the city where leaders and activists are raising awareness about a rising number of homeless. paul? >> reporter: thank you and things wrapped up here as people in san francisco and all across the nation paid their respects for some are the forgotten ones. tonight the bell tolls. >> kevin thomas. >> reporter: one for each homeless person who died. >> a number of them have died by their own hand, some were found dead in their hotel rooms. >> found on a sidewalk. >> reporter: to make sure no one is forgotten, those from the homeless community and others came together to celebrate the life of those who are no longer with us. >> we try to take the moments and do a very respectful ceremony to honor people who have passed with no place to live. >> reporter: organizers say the city no longer keeps an accurate number of debts but the coalition said the count is around 100 people. >> we need as a city to look at why they died. see if there is anything we can do to prevent the deaths from happening. >> we feel it is important to give everyone the final dignity, we're all children of god. >> matthew kohler, 41. >> reporter: and the coalition said there has been a 50% increase in those seeking shelter and the number of homeless families looking for help has tripled. live in san francisco, paul chambers, channel 2 news. now to the economy watch, a rough day for ocacle stock. it had the biggest slide in nine years. shares felt and after the markets closed it reported sluggish sales and fell short of quarterly profit estimates n this climate many companies are having a harder time closing deals with customers. the stock fell $3.40 in heavy trading finishing the session at 25.77. and the earnings miss weighed heavily on tech stocks. others traded flat today. the dow eked out a 4-point game but the nasdaq fell 25, loss of 1%. and bank of america will pay a hefty price for alleged misdeeds by country wide majority before it was acquired of b of a. it agreed to pay 335 million-dollars to regulators to settle claims that it discriminated against the minority home buyers. prosecutors say 2004 and 2008 it charged higher fees and rates to black and latino bank owners t purchased it in 2008. nurses will walk off the job tomorrow, ahead in seven minutes the hospitals targeted yesterday a patient told us it is scary. police are looking for the man who stole an airport shuttle van and led them on a chase. investigators provided with us this photo of the suspect, 28- year-old jerry powell. officers say that he is wanted for vehicle theft, assault with a deadly weapon and evading police. police say that he abandoned the east bay connection van in concord and ran off after the crash. they say they spotted him four miles away in pleasant hill but gave up after he drove the wrong way on to highway 242. the van did clip a vehicle. >> i saw this van going up the wrong way i thought what is he doing? >> now, she was shaken up but not injured. the crash damaged the front right side of her suv and headlights. >> warning from police about an increase in robberies in the northern part of the city. authorities report 11 breakins and attempted breakins in that part of the city. they typically ring the doorbell to see if anyone is home f they answer they make an excuse and leave f no one answers they look for a way to break in. usually entering through an unlocked door or window. two juveniles were arrested during an attempted robbery last week. but it's not clear if they're responsible for the robberies. and authorities announced an arrest in a string of arsons. thomas hartman faces felony charges for setting more than 50 dumpster fires. in pittsburgh and bay point during the past two years. officials say the fires caused tens of thousands of dollars in damage. and san francisco police pepper sprayed one of their own during a scuffle. a man got into a fight with officers who pulled the spray in an attempt to break it up. the officer who was sprayed said that it was painful for 10 to 15 minutes. >> it works. and it works. it burns. >> paramedics arrived at the scene and flushed the officer's eyes. the fare evader was arrested. and california is seeing fewer ex-cons being rearrested for new crime. why the numbers are cause for alarm. people gathered to remember warren hellman. ♪[music] ♪ i'll fly away. >> his grandchildren were among those who sang farewell. he was the fourth behind hardly strictly blue grass the music festival at golden gate park. the service at a public celebration of his life is to be held at future date. and in san francisco, holiday give away with a twist today. the salvation army opened the toy and joy warehouse this morning. the warehouse was set up with stables of gifts. children got to pick what they wanted. and the salvation army provided 1500 families with food boxes containing the fixings for a holiday meal. still ahead. medical marijuana is high tech. the app for smart phones. one kiss makes history. the reason it is sparking pride. >> it is going to be dry and cold. ok, you guys wanted a space for entertaining your friends, so, open your eyes and check out your new living room! 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[ male announcer ] the new wireless receiver, only from at&t. now get u-verse with dvr at the lowest price ever. at&t. yahoo's 1950 style billboard could be spotted on the approach since 1999. drivers will not see it any more. crews took down the billboard t is focusing on other ways to market itself. it hoped to install it but cannot do it because of the way the sign was assembled. those who run the department of corrections is seeing a drop in the rerepeat rate. and according to state officials, the rates fell to 65% this year, that's a drop 26.4% over last year. it equals 2700 fewer inmates. those likely to reoffend are car thieves at 74%. and those convicted of second degree murder are least likely to commit the same crime again. barring a last-minute deal, nurses at sutter hospitals plan a big strike. nurses at these nine facilities are planning to walk off the job. they're mills centers. and we spoke with a pregnant woman who is concerned about her care. >> i lost a baby, you know i lost a baby at 33 weeks. >> reporter: she hopes that sutter health can avert a strike. >> it is scary, you know me being pregnant. i'm a high risk pregnancy t is harder for me. i had mishaps. >> a patient died in the care of a replacement nurse. and the hospital that employs half of 49,000 who plan to strike sent us a statement in part it reads: we are disappointed in the decision to call the strike particularly at this time of year. the temporary replacements are skilled and specially trained. nurses finished signs and they say the only way they will not use these if they sutter health removes the concessions. they want to reduce the sick days and the union from not representing several nurses. >> a nurse cannot be sick. we're not iron. we're human beings, too, we are right there in the midst of a lot of illness. >> they plan to take the signs to the streets starting tomorrow morning at 7 a.m. and it will the nurses who strike tomorrow cannot come back until christmas eve. the president called the speaker of the house and the senate majority leader and encouraged them to work out a compromise before a pay roll tax cut expires on new year's day. he made the call before they took his dog shopping. he wants the house to pass a bill that would extent the cut for two months while the parties work out a deal. but the speaker, republican, said that the house had already passed what the president asked for a one-year extension. >> leading medical marijuana advocacy group is trying to advance its cause with a new app. they started promoting the app for iphones and i pads t connects users to the programs and includes legal advice for people using medical marijuana. and it plans to release a version for android platforms in april. you must be older than 17 to down load the app. and the faa expects new rules to improve safety. under the rules, a pilot's flight time will be limited to no more than nine hours. pilots will get 10 hours of rest between flights. the faa said they should eleavate fatigue and prevent an accident a year. the rules will go into effect in two years and are not expected to affect air cargo pilots. next year all airways will offer service to tokyo nurita airport. there has not been a direct flight from san jose to tokyo since 2006. and the route was added and it is not known when the service will -- service will begin but twill be sometime in the second half of the 2012 fiscal year. the u.s. army has charged eight soldiers in the death of a fellow soldier who killed himself after being taunted with racial slurs. in new york today, the chex of private danny chen were encouraged by the charges but have not received a full explanation of his death. the charges against the soldiers range from dare repolitics of duty to manslaughter. >> time honored tradition saw a first today. a same-sex couple shared the first kiss of sailor's dock side after a navy ship returned home. they are from northern california and it marks the start of the military and the country. >> reporter: it may not be as iconic but it was historic. >> it is nice to be myself t has been a long time coming. >> reporter: she came from the uss oak hill lasting craft in virginia where she was greeted by her partner, who is in the navy. >> we can be open about our relationship since we are in the military. we kid have -- did have to hide it. >> reporter: and she won a raffle to be the sailor selected for the first kiss, kiss that would not have happened a year ago. >> it is significant. >> a retired commander was the only openly gay service member before the repeal of don't ask, don't tell. she remembers the dock side reunions before the law changed. >> we would wait for our straight counterparts to go home then we would quietly go and join our families because we didn't want to see which cars were woo getting into. >> she was at president's side when he signed the repeal of "don't ask, don't tell." and the consist a day before the signing anniversary. >> i have spoken with many active duty soldiers, since the repeal, it has been a non- event. >> the timing of the kiss may seem interesting but this was a raffle among crew mates. and she bought 50 tickets. strippers are helping needy children. the controversy surrounding the contributions. and a freeze warning in effect for the bay area. bill martin will let us know how cold it will get. [ 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. you can put a force field on him and be invisible! [ child 2 ] i call first player. no. i already called it. [ dad ] nobody's playing anything until after we get our homework done. thank you. hello? test drive's not over yet. [ male announcer ] it's practically yours. [ louder ] hello? but we still need your signature. right now during sign then drive, it's never been easier to get the all-new passat, the 2012 motor trend car of the year, for practically just your signature. that's the power of german engineering. visit vwdealer.com. and it hasn't been going exactly as planned. cut. cut! [ monica ] i thought we'd be on location for 3 days -- it's been 3 weeks. so i had to pick up some more things. good thing i've got the citi simplicity card. i don't get hit with a fee if i'm late with a payment... which is good because on this job, no! bigger! [ monica ] i may not be home for a while. [ male announcer ] the new citi simplicity card. no late fees. no penalty rate. no worries. ...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. and strippers are helping needy kids. this evening a group of the clubs handed over a $20,000 check to the toy drive. the union wanted to have it at a fire house but the department ordered it moved because the union did not formally request it and she wants to maintain a professional work place. all right. another cold one tonight. the freeze warning in the north bay valley. the highs, i'll tell you what for december. a few hours. and shortest day of the year, longest night of the year. and the official beginning of winter. we're doing the temperatures like this. 65 in mountain view. similar. there will be patchy fog in the bay valley. plenty the last few days t will continue. through the weekend. if you had frost. you have freezing temperatures. and you have fog. you are seeing it again, the changes are so subtle there is not much changing. until we get the system in here, we could maybe next week and we're into the pattern. you know about it. and up here and night after night. sunny and dry. as long as the center stays there, it will not rain. and when the atmosphere stabilizes you get fog, cold. ice. there is a freeze warning. you can bust pipes. it's not hard but how long it is below 32 degrees. a hard warning is for many more hours than a freeze warning. the systems could be in trouble. and then the pipes could you have issues with north and. a cold start. and spare the air. don't burn wood or the fireplace unless it is your only source of heat. this is spare the air. it's a night time thing. and being led out. 62 and 60 in fremont. i bring that up. spare the air day that's about ozone levels. and from cars. we still have that problem with this. and this is smoke from fires. there is the five-day forecast. a dry one through the weekend. >> thank you. around the country millions of people are awaiting the season finale of x factor. and in santa cruz fans started lining up to get a look at a viewing party. they want to see how chris rene performs. he knows santa cruz is backing him. he appreciates the support. the performances start in half an hour. the winner will be revealed tomorrow night. that's our report. thank you for trusting ktvu. our coverage continues and with the 10:00 news. tmz is next v a great evening. state farm. this is jessica. hey, jessica, jerry neumann with a policy question. jerry, how are you doing? fine, i just got a little fender bender. oh, jerry, i'm so sorry. i would love to help but remember, you dropped us last month. yeah, you know it's funny. it only took 15 minutes to sign up for that new auto insurance company but it's taken a lot longer to hear back. is your car up a pole again? [ crying ] i miss you, jessica! jerry, are you crying? no, i just, i bit my tongue. [ male announcer ] get to a better state. state farm. from 20 leading brands, including barista prima. it's the way to brew everyone's favorite cup in under a minute. way to brew.
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