He spent the money on such items as paying credit card expenses. A lot of money was spent on checks issued to himself. And also partial payments to help pay for his parents mortgage. Reporter deputy d. A. Says dr. Do was able to access the checks intended for valley medby opening a separate bank account. He was the only one listed on the account. The Research Money came from the American College of radiology. Today the acr issued this statement saying the acr has been cooperating with the Santa Clara County district attorneys investigation for several months. The college remains a strong supporter of Clinical Research initiatives nationwide. If dr. Do is convicted he could face four years in state prison. We reached out to dr. Dos attorney. He did not return our calls or our request for comment. Dr. Do will be back here in court on september 13. A followup to a story we broke yesterday. The 49ers front office is now responding to the revealing civil lawsuit against one of their star players. Tony kovaleski is back with us. A lot of response to the questions that started with a saturday night party at the 8,000 square foot home in the East Foothills overlooking san jose. It ended with gun shots, two gun shot victims and smith had knife wounds. This is from june 2012. We showed you the lawsuit filed yesterday. He accuses alden smith and Delaney Walker of illegally firing weapons. It says the two are responsibility for serious and permanent injuries. Coach harbaugh was asked about the lawsuit. The team is handling it. The team is handling it. There was some insight there. Also today 49ers general manager released this statement. The 49ers organization has been aware of this matter concerning alden smith for some time. We will continue to monitor the situation. Also coming up at 6 00 we will hear as he answered questions in the locker room following todays practice. More insight, more reaction to what we reported yesterday. Youll see more at 6 00. Thank you, tony. Now to nbc bay area followup. Investigators saying the woman found dead in a car near the south bay jean elelementary sch the victim of a homicide. Yesterday 49yearold was found dead near San Antonio Elementary School in east san jose. A motive for the killing has not been released but police say the suspect and victim knew each other. The killing is san joses 34th homicide of the year. Caught in the cross fire of a gang related shooting. That is what police are revealing about a nursing student, kimberly chico. Today investigators made two more arrests in connection with this case. They say johnny lozano, caris warren and jessie grant were involved in a shootout. All three men have been charged with gang enhancements. Police say the 19yearold victim was hit by a stray bullet and killed. Chico was riding in a car passing through the area at the time of the shootout. The trial for convicted murderer joseph naso moved to the final stage this morning, sentencing. Jodi hernandez was in the courtroom and joins us with the latest. Reporter the sentencing phase of this trial began with a lot of emotion. The prosecution called the children of nasos victims to testify how the murders of their mothers have impacted them yet joseph naso insists he does not deserve to die. Now a jury must decide if joseph naso should pay with his life for the murders of four women in the 1970s and 90s. The sentencing phase of the trial began this morning with prosecutor asking the jury to carefully consider if naso should be sentenced to death. Does the defendant deserve a punishment anything less than he gave his victim she asked. Naso described his life of one filled with Community Service including serving in the military. I should not get the Death Penalty because i have a lot of reverence for life. I care about others he said. He is a monster and should be punished for the crimes he committed. Reporter the children of the victims testified how the murders of their mothers impacted them. Tearfully described how devastating it has been. While he recalled how difficult it was growing up without a mother. Think about everything your mother has done with you since you were two years old and imagine life without your mother. I mean, theres no simple way to explain it. Reporter now, the prosecutor also called a detective to the witness stand to talk about a killing of a woman that prosecutors claim was yet another victim of joseph naso. Naso did take issue with some of the evidence that the prosecution was trying to admit. He actually degraded the attorneys prompting the judge to tell him to knock it off before he takes action. The trial will continue on friday. Im jodi hernandez, nbc bay area news. Now, to the crisis in syria. One step closer. Today a Senate Committee passed a resolution to use military force in syria. The bipartisan vote gave the green light for the u. S. To launch limited air strikes against the regime. The proposal goes to the full senate for a vote. Nbc bay area finds people in the bay area also divided on the issue. Those images coming out of syria it is so powerful it is hard not to feel something. The problem is there are a lot of people who just dont want the u. S. To get involved with another conflict. Each side watching carefully to see if lawmakers give the president keep the pressure on. Reporter the voices against u. S. Military strikes at protests in San Francisco and san jose may be loud but the voices for strikes are no less urgent. You are not going to stop a mad man on the loose been half years and no eone stopped him yet. The more you let this go the more he is going to be killing. Reporter a member of the bay area chapter of the Syrian Council feels fortunate to have escaped syria. In 1982 his father killed over 45,000 people and many of my family members were killed during that time. Reporter the images are powerful. He says so is the fact that as many as 120,000 other people cannot speak of the atrocities that took their lives. He hopes americans will set aside their war fatigue and pressure their lawmakers to approve u. S. Military strikes in the name of humanity. No one has appetite for war. The Syrian People know that the most because we have been in war. We want this war to stop. And diplomacy has been exhausted by all means. The u. N. Is not able to do anything. The only one to stop this atrocity is the united states. Syrian American Council is planning a rally this saturday at union square in San Francisco. They are also urging all people to contact their lawmakers to ask them to support those u. S. Military strikes. Thank you. Still ahead here at 5 00, we are done with california, the county trying to leave the golden state. And neighbor versus neighbor. The issue that has two peninsula towns sparring and one mayor taking some responsibility. Plus im scott budman. Tens of thousands of school meals are being made today. Coming up inside the Bay Area Company taking its Healthy Foods beyond schools and into stores nationwide. And good afternoon im jeff ranieri in the nbc bay area weather center. Magnificent day across the bay. Right now clear blue skies at the golden gate bridge. Well talk more about this major warmup and how hot the temperatures will get coming up in just a few minutes. Samesex military veterans are the latest beneficiary to strike coin the defense of marriage act. The Obama Administration announced those spouses can collect benefits regardless of sexual orientation. California prison Officials Say they will allow inmates to marry their samesex partners. The department of corrections issued a memo stating the u. S. Supreme courts decision that cleared the way for samesex marriage also applies to prisoners. However, inmates will not be permitted to marry another inmate. In 2007 california became the first state to allow overnight stays. He didnt last long in prison. One month after being sentenced to kidnapping and rape ariel castro is dead of an apparent suicide. Prison guards in ohio found him hanging in his cell. There were reports he used bed sheets and did not use a note. He was sentenced to 1,000 years in prison. He was not on suicide watch but in protective custody meaning he had his own cell and was monitored every 30 minutes. Castros three victims say they will not comment on his death. People in the Northern California county could have their way they would become the 51st state of the union. People who live in Siskiyou County argues the state legislature only cares about big city needs. The board of supervisors voted to formally secede from our state. A few big hurdles stand in their way namely the state legislature and the u. S. Congress. Both would have to approve their statehood. A parking problem is causing tension between two cities on the peninsula. Apartments in east palo altos woodland neighborhood reduced Street Parking by illegally painting some curbs red and charging parking tenants decided to cross the bridge. Palo alto homeowners werent happy and the city council launched a oneyear ban on overnight parking in crescent park. East palo alto mayor says he is working with the residentials to open up new marking lots. That ban goes into next week. After a summer full of drama on the water the americas cup finals is finally here. You can watch it on nbc bay area beginning saturday. Some young sailors were in the spot light today. Reporter last year during the americas cup world series we did two live broadcasts, ride alongs with two different teams, the first with Oracle Team Usa, the defenders of the americas cup. The second one was with team korea. They had ak young skipper fr new zealand who was the star of the day. Take a look. The summer of racing has been dominated thus far. On the final day of competition the trend continued with ten teams from eight countries taking part in four days of fleet racing the new Zealand Sailing team entered with the point lead and left with the title. Peter burling continues his rise in the world of sailing. Celebrated the first ever red bull youth americas cup title with his team. It is amazing for us. We grew into it this week. I think our results showed that, as well, that we are getting a lot better during the racing. We feel a lot more comfortable. It is amazing for us. Reporter as we prepare for the finals this weekend it should be noted that when organizers were preparing that the illegal weight modifications were found by the votes for oracle team use aa. With several team members disqualified from this americas cup Oracle Team Usa was back on the bay for final preparations before the critical weekend of racing ahead. So tomorrow there is a meet the skippers event with Oracle Team Usa and dean barker of Emirates Team new zealand and saturday it is on. We look forward to saturday. A startling new report from the usgf shows if a major earthquake hit off the coast of alaska it could create a tsunami that could put parts of the bay area under water. You may recall santa cruz in 2011 the 8. 9 magnitude quake in japan triggered a tsunami that caused flooding. Todays report was modelled after that japan quake. Our weather is changing. Get ready for a warmup. Lets check in with chief meteorologist jeff ranieri. It is about to get hot. There is at least one more day left of this enjoyable weather before we start to crank the heat here across the bay area. My best advice is get outside. We are starting with a little bit of cloud cover at 5 00 a. M. As we head throughout 11 00 a. M. For tomorrow breaks of sunshine at the coast line. Mid 60s there and interior valleys mid 70s and sunny skies. A nice sweet spot mixed into that work week forecast. Lets get you outside to the High Definition view on this wednesday. You can see here we have the marine layer up to about 800 feet. That is going to build up a little more for tonight. Most of that fog should stay at the immediate coast line as we head into tomorrow. Lets get a look at the highs we can expect for thursday. A slight wind just a little bit here moving off the bay at about ten to 15 Miles Per Hour helps to keep temperatures near average in san jose. 85 in morgan hill. Take a look at santa cruz that is one of the hottest spots at the coast with 80 degrees. 85 in palo alto. Not extremely hot for the east bay. Once again a little bit of an on shore flow for tomorrow. That will help keep temperatures out of the 90degree territory. That is good news for you when you see the seven day forecast. 83 in danville. 84 in pleasanton. A wide mix from San Francisco right into sections of the north bay as we see temperatures from 60s in San Francisco to 70s right around sections of the bay. We go with 60s at the immediate coast line. 77 in berkeley. 79 in oakland and 83 in sonoma. It is all going to get driven by this area of High Pressure in from the east. It helps produce slight offshore winds. Take a look at thee x temperat. As we head throughout friday we start to get hotter. Saturday the heat begins to peak. Livermore 97 by saturday. San francisco with an estimated 75. Not good enough for records even though that is hot. The old record 110 degrees set in 1944. It can get, of course, very hot this time of the year. On the seven day forecast we start to see things slowly cool off by monday, tuesday and wednesday of next week. While this is going to provide great weather for this weekend at the beaches, not only warm but fog free conditions, it is going to increase the fire danger so we are going to have to monitor that back into the weather center. Get ready for the heat. September warmup. Check your fridge. What you need to know about a popular yogurt when we come back. In Health Matters pulling yogurt off store shelves after finding mold. The company is voluntarily working with Grocery Stores to remove the yogurt. Officials say a type of mold may be to blame for popping sounds. The affected yogurt represents less than five percent of the total production. The yogurt contains the code 16012 with expiration dates between september 11 and october 7. So far no reports of anyone getting sick. Some of the same companies battling to put smart phones in your hand will be fighting for a place on your wrist. I present to you Samsung Galaxy gear. Take a look. What do you think . It is not the first smart watch but the new watch unveiled today aims to be a game changer. Here is the skinny. It has a tiny screen that enables hands free calls, instant messaging and Internet Access and has a camera built into the wrist strap. Samsung calls it a companion to galaxy smart phones. Price tag is 300. I feel so under qualified here with my little old watch. Next up kid tested and mother approved,a a a healthy on lunches thanks to a Bay Area Company. They have flown the Chicken Coupe and are on the way across the country. We are talking about 1,150 rescued chickens on their way to new york in what is being called operation chicken air lift. This is video of the hens. The birds are from a california egg farmer who said the animals outlived usefulness and were about to be killed. An anonymous donor footed the 50,000 flight. Try to change the standard. California leaders are proposing to immediately suspend standardized tests. The new amendment would end the use of the star test in math and english for this school year. In its place the schools could opt to use National Common core standards. The senate will take a floor vote on this bill in the next few days. Take food and you have the recipe for a bay area success story. A healthy way to grow and create jobs. Lets bring in scott budman who spent part of his day a little bit of taste testing. If you like job growth this is a delicious story. If you like competition you like this one, too. If you are looking for a new way to feed your friends a local company has a product and it already graduated from school. Reporter with a giant vat of tomato sauce and an Assembly Line of salad revolution foods is on a role. We started with about six feet. We serve 75 million healthy fresh meals since inception. Reporter close to 1,000 employees make a million meals a week for school kids. And now oakland based revolution is launching a new push putting its meals into Grocery Stores. More growth. Its exciting. We are really focused on being in every school and every Grocery Store around the country if we can. Reporter hitting the hypercompetitive Retail Market with these, packaged meals aimed at bringing nutrition to kids. They are small but pretty tasty. And thanks to revolutions social media savvy, they are kid tested. We are using social Media Channels to receive feedback on our food and we are really using all of that feedback every day to design our products. Reporter if successful ready to send the company to the next level of growth. We are continuing to grow really quickly in all regions that we are in both with the product line in retail and with our school meals program. So we are adding new jobs just about every day. Reporter new jobs and new meals, both ways to feed the local economy. Check them out at safeway. See you soon. On our broadcast tonight taking sides on syria. Across this country the American People raising their voices in the high stakes debate over a military strike. The surge in car sales. Whats driving so many buyers to the lot as millions of americans decide its now time for a big ticket purchase. The kitchen debate. The new research, the new advice on preparing chicken at home that a lot of folks just arent going to agree with. And making a difference for a little girl who would like very much to be the next serena williams. Nightly news begins now. From nbc news World Headquarters in new york, this is nbc nightly news with brian williams. Good evening. There are two different conversations going on in this country right abou
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