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>> please welcome the newest member of our board of supervisor and supervisor for district 5. >> reporter: the child of farm worker who grew up to be a lawyer and while her politics are to the left of moderate she agree was him on one key point. >> the creation of good paying jobs, which i think should be one of the top priorities. >> reporter: meanwhile two floors up the new sheriff had his first day on the job, knowing that any moment the da could decide whether or not to charge him with domestic abuse after a neighbor contacted police with video and text messages about a new year's fight involving the couple. an incident his wife say social s is a misunderstanding. he denies the charges, one wonders. >> how do you feel about what may happen in the next 72 hours? >> i trust in the system. >> do you think he charges? >> i couldn't guess. it's so sketchy what we know that they have. if -- we don't know what is in the photographs exactly. we don't know what the statementsr. >> reporter: and what does the mayor say? >> they are serious allegations and i will refrain from making comments. >> reporter: if he is charged should he step aside? >> again i think it -- it's not for me to comment. >> reporter: for the record the sheriff said he thinks -- a replacement will be an independent voter. as for his own fate it stands now the da is still weighing the evidence and wondering finding out and questioning to see if it rises to the level of proof for an arrest to take in front of a jury. it's a hard call because in these day and age with something as sensitive as domestic violence involving a politician, a law enforcement person everybody is going to take a sharp look at the sheriff and the da to see how this plays. if someone getting a break or being hounded? . >> thank you for the latest. a serial arsonist blazing a trail of destruction through a bay area city. more than two dozen fires have been set since saturday night. most of them in one area. it may be a matter of time before someone gets hurt or worse. >> reporter: that's correct. firefighters have been working on the most recent fire for 15 hours just beyond this trail head. it was set in the kind of dry brush that you see here, the kind of stuff that can fuel a disaster. >> we woke up this morning to a smoke filled house. >> lots of smoke and fire and police officers and fire. >> reporter: early morning fire fight in a nature preserve. >> terrible. i can't imagine why people do stuff like this. it's unbelievable. >> reporter: the work authorities say of a fire starter who strikes at night and early in the morning looking to use the fuel left behind from a dry winter. >> reconvinced we have a serial arsonist at work here. >> reporter: this is the largest fire so far. the latest of more than two dozen set in the area since saturday. this one burned three quarters of an acre. >> that was just this morning. police believe the same arsonist set half a dozen fires in the area late sunday night. five of them just over this rise. >> we need the cars to stompful. >> reporter: 25 fires linked by timing, all set between 9:00 p.m. and 3:00 a.m. and open space frankedly neighborhoods, flames could go from wildlife to homes. >> if the fire jumps the road there are hundreds of people and homes. itit could be a big problem. >> reporter: tim west remembers similar fires back in 2008 and worry this is arsonist may only get bold bolder. >> someone that's out of control. >> reporter: the police are patrolling the area throughout the night tonight but they have no suspects or leads. woman found dead in her oakland home over the weekend, was berkeley . a woman found dead in her home over the weekend was the city clerk of berkeley. her husband found her just before 2:00 a.m. saturday. investigators say that she fell down stairs. they say the autopsy confirm this is was an accident. she was appointed berkeley city clerk in may of 2009. a major back up in oakland through the tunnel after i dump truck overturned this afternoon. the truck was apparently carrying strap metal. there it is right there. that spilled out on to the highway. we can take a look at live look at the cbs5 traffic map, still pretty slow in that intersection. three lanes of westbound 24, those were blocked for hours. the candidates making their final pitches to new hampshire voters. we are in manchester where the candidates are hoping to chip away at the strong lead and finish in the top three. >> reporter: the pressure is onto come in first. this gush -- the new hampshire voters don't always vote for the front runners here. they sometimes do -- surprises and romney's rivals looking for any stumble from him. a plea to new hampshire voters mitt romney. >> how are? many are he manned the phones at his headquarters trying to lock in his double digit lead. his rivals are fighting to the finish even attacking him for a comment he made this morning to business leaders. >> i like being able to fire people who provide services to me. >> reporter: his comments were taken out of context. he was talking about having option when is it comes to having insurance, not laying people off. gingrich is a ban donning his plan to run a positive campaign. >> you count compete with romney. if you are positive and he is running three and a half million dollars of attack adds. >> reporter: paul is running second here because of loyal followers. tattooing temporarily at least his support. what do you think about ron paula peals to new hampshire? >> just the -- the personal liberty aspect of government staying out of my business. . >> reporter: that's a common sentiment in a state where the motto is live free or die. voters have a history of being unpredictable. >> they don't always go for the front runner. . >> no. we always go for the under dog. >> reporter: john hauptman is hoping to work with that. >> we will turn conventional wisdom upside down. >> reporter: they are all packing in as much face time with voters as they did hoping to at least finish as one of the top three. >> reporter: in manchester tonight. the president announced today the white house chief of staff is quitting. he has been on the job for a year after ron resigned. he comes a prominent family but didn't have any washington experience. some say that tran dig was difficult for him. the president praised him as highley effective. >> over the last year he has been involved in every decision surround the war in iraq and are you support of the people of libya. he was important in developing the american jobs act and making sure taxes don't go up. >> reporter: his replacement started his career on capitol hill, spent nearly a decade as policy advisor to chip o'neal. >> i jumped up and was like let's go. >> fire burns a senior housing complex. the actions of a bay area couple. major medicine mix up. the over-the-counter pill that could be powerful prescription painkillers. best known for giving money advice. now a financial star in the debit card business. what she is offering. going strong: . after a month on the picket line striking workers at the american licorice plant are still going strong. early this morning they blocked the entrance to the factory where the popular red vine candy is made. about is 180 walked off the job december 5th to protest proposed changes to their medical plan. leaders and company managers met this morning for mediation talks. no word on what the outcome was. bargain hunters beware after years of decline the housing market is bouncing back. a new forecast from real estate data firm clear capitol shows prices leveling off in the metro area this it year. that is after a nearly 5% drop last year. it's predicting a 1.6% increase in silicon valley. price there is fell by 2.5% in 2011. bikers and pedestrians on the golden gate bridge on the buddy system for the next couple months. they will have to share the east sidewalk while construction is done on the westside where they usually ride. the closure is expected to last through the end of march. > flames, smoke, horrible. >> trapped inside a burning bay area complex the hero rescue of senior citizens. and the cord broke, then she fell in to the river. what's worse, full of crocodiles. tonight her story. >> good evening. tonight certainly a clear and chilly night and then tomorrow we are certainly on rain watch. the pinpoint forecast as eyewitness news continues. . a united states citizen of iran descent has been sentenced to death by an iran court. the 28-year-old is a former marine who worked as a translator in iraq and afghanistan. iran officials say he got special training before entering the country for an alleged intelligence mission but his father said he was just visiting relatives. the united states government said the allegations false. when a senior housing center in san jose went newspaper flames fast acting neighbors jumped in to action. lisa washington reports they braved the fire and smoke to help pull people to safety. >> reporter: it was a morning alarm nobody wanted to hear. >> i heard -- at 1:40. the fire truck, ambulance, sounds, wake up and -- look at the window, that is -- that building flame, smoke and horrible. >> reporter: fire ripped through four units at mayfair. the apartment complex. it happened around 1:45 this morning. the home void yellow shows the first flames. >> i jumped up and was like let's go. we have to help. >> reporter: carmen garcia and her boyfriend saw the fire from the apartment window not faraway. the couple said they called the police and pleadly started helping people out of the apartment. >> pulled some old laid yeah off the bottom and an older guy. we had to -- we were looking, everybody like from outside. >> reporter: then there was somebody else who needed help. >> we thought we got everybody outside we saw someone inside and this older guy, broke the -- broke the things in half and started throw it. somebody in there still and already flame. >> reporter: larry shot home video of the fire, he said one of his friends was injured. >> and -- in to the house. >> reporter: five of the 16 people who lived in the burned building were taken to local hospitals . none of the injuries or burns thought to be serious. this 19-year-old man also lived in the build that burned when firefighters left the scene he went back to his upstairs its apartment to search for his medicine. later he was helped by the red cross who will also assist all of the fire victims. >> fire investigators have not yet determined the cause of the fire. they will only say they do know it was an accident. in sanious, lisa washington. >> reporter: if you have headache medicine or caffeine pills you better check the label. the drug maker is recalling some of them. the recall affects bottles of excedrin and gas x. thyrolar dates of december 20th 2014 or earlier. they say the pills may have been mixed with a powerful prescription pain drug. many take asprin but it's not the treat helicopter for everybody. here is explain. >> asprin can help but it's all about finding a balance. he takes aspirin to help. >> just over a year ago and they found major block age and had bypass surgery. >> a new study provides more evidence that only people at high risk for heart attack and stroke should take aspirin. they looked at people without heart disease. while they had fewer heart attack itself didn't lower death rates. >> it's the people at low risk that really we aren't sure if using an aspirin a day helps. >> reporter: you have to consider the side effects, as rain can reduce the risk of bleeding. >> bleeding, and/or stroke. now they are -- side small effects but when they happen they can be devastating. >> reporter: they recommend patients talk to their doctor first. kirk know there is are risks. >> the benefits out weight risks and that's true of all the medications they take. >> reporter: his doctor agrees saying aspirin is necessary to keep his heart healthy. you also have to look at what other medications are you taking. low dose aspirin increases the rick of gi bleeding that increases further when it's com pined other therapies. very important. double check. >> yeah. >> you my call it the what if. what if the cord breaks. it happened and of course there is video. one gammoner south avenue jumper in africa. she survived the fall. her leg still tied they said she dove to free her ropes and then was able to swim to shore. >> when i was first pulled out of the water they put me on my back and all the water that i inhaled meant i couldn't breathe so i made them roll me onto my side and i started coughing out water and blood. >> reporter: she has been in the hospital recovering from the bruises, she has a broken collarbone to and this was all taking place on new year's. >> you see -- that's why i don't do it. that's why i don't do it. there is a one in a million chance and it can happen. >> this is why i won't do it is third time i have done it twice. >> you don't want to press your luck. >> i didn't like. you would think i --. >> you didn't like it once and did it twice? >> i went back the second time for the view. our temperatures have been mild. 63 in san jose. it's in the mid60's in morgan hill. let's go to the north and east. it's now 65 degrees in santa rosa and in napa. walnut creek falling to 58 as the sun has set. the low 06's. the average high 56 degrees. tonight freezing to the north. 378 to the south and low and mid40s coming across the central bay. 37 in redwood. official sun down at 5:08 and we could see haze in the distant this is the live weather camera, we do have a chance of a few sprinkles, otherwise the next possibility of a storm will be tuesday into wednesday. we certainly do need it. right now the precipitation normal, anywhere from 28 to 35% of where we should be for this time year. this is an area of low pressure taking most of the precipitation in to the pacific northwest and look at that there. we are onto fringe end and it's fall agriculture part as it bangs up against the ridge of high pressure leaving us partly to most cloudy skies, this is our future cast. watch the morning, the clock here, we start seat increasing cloud cover. light rain -- otherwise it fizzles out at the seems, again partly to most include cloudy. the highs down from today. 357 degrees in pacifica to the low 06's in concord, clayton and walnut creek. the most part around the bay and then sunny skies on wednesday all the way through the holiday on monday, martin luther king day. then we have that possibility of a storm system rolling in to the bay area on tuesday into wednesday. i'm really holding out hope for a fabulous february and a miracle in march. it's not out of the reach yet. >> okay. >> yet but it depend ons next week. >> keep your fingers crossed. thank you. she is -- of course best known for giving financial advice but now she has her own debit card. why she said it's different from all the others. ♪ secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it. the escaped inmate in dublin: this is a live picture from chopper 5 of the scene outside the area surrounding the santa . the update onto manhunt forethe escaped inmate. live pictures again. outside the area surrounding the jail. this search has been going on for some time now and they will continue it we are told even after sunset. this is right about now. the escaped inmate we have a picture of him. 57-year-old jose luis gonzalez franco. he was in the jail for burglary. is he believed to have escaped early their afternoon despite that real ground search we will show you again he hasn't been found yet. is he considered to be dangerous. we will keep tabs on this story. >> a new kind of prepaid debit card it's all because of -- who is behind it. >> reporter: in this economy more and more are turning to prepaid debit cards, you can't get a credit card or a collecting count. many star cards are criticized for high fees. now personal finance gurs debuting her new debit card which she say social security different. it's called the approved card and there is a three dollar monthly fee along with various transaction fees. these fees considered to be in the low side. however financial experts say there is a draw back to all prepaid debit cards. >> they don't help build your credit rating because they are a debit card. are you just using money you load on to the card. normally debit cards aren't reported to major credit bureau. >> it's different because it's with transunion. a credit reporting bureau. however at this point even her card won't help you build your credit rating movement wal-mart is known for its prepaid card but is hoping to be known for something else, preparing your taxes. the they are opening tax preparing areas in three thousand stores. for those with simple tax forms preparation could be free. we should note there are other free tax help -- there is other tax free help including united way that offers filing help for anyone who earns less than $57,000 a year. >> and i have heard some of the adds for the free ones, it's the ez or 1040ez but what if you get in and it's --. >> that's the thing. have you to know if you go in there is a chance you will probably have to pay. >> all right. thank you. we will be right back. ,,,, we're working on for eyewitness news at 6. . here is what we are looking on for the 6:00 news. the youth prison system could soon be gone. yet governor wants to shut it down for good. share the road or else. the new rule that let

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