What do we know so far . Reporter some workers who would normally walk into the stores will not be doing that this morning. An email was sent out yesterday telling them to not show up to work because many of them were fired. Look at the video, half of the 7500 workers will be let go. A Company Email was sent out yesterday telling them not to show up today. What better way to sound off than to go through muscle social media. Many were logged out of their work accounts and removed from slack. One tweet was from a father who said he told his young son daddy might not have a job tomorrow. So many people affected by this. We talked with a csu professor and he says he is not surprised. Silicon valley has painted itself as a new industry that cares about workers, but it looks like any other industry. It will cut jobs to maximize profits. The workers are largely up to the whims of whoever is in control of the company. They have very little say. Reporter we have reached out to twitter and were waiting to hear back from them. Coming up in the next 30 minutes, we will dive into how these layoffs affect workers and businesses nearby. Live from San Francisco, back to you. Twitter is not the only tech company laying people off. Lyft is laying off 13 of its staff. Opendoor laying off 18 and lending giant upstart is cutting 6 and stripe is cutting off 14 and chime is cutting 12 percent. There have been increasing numbers of companies that have announced hiring freezes , in addition to other cuts to try to bring down expenses. Apple and amazon are influencing hiring freezes. Apple is causing hiring fulltime employees through september of next year. Amazon is causing hiring for its corporate workforce. The company had halted new hires for retail jobs with the latest freeze affecting other types of businesses. Paul pelosi is back home after being released from the hospital. Nancy pelosis office says her husband remains under doctors care as he recovers from the attack. The suspect in the attack on paul pelosi is due back in court this morning, this comes as documents released showing david depape may be in the United States illegally. He crossed into the u. S. As a temporary visitor in 2008 and did not leave. Documents show that he had a list of targets beyond Speaker Pelosi and that includes other highprofile politicians. Striker lori smith the former Santa Clara County sheriff found guilty on corruption and willful misconduct, stemming from allegations that smith mismanaged jails , traded weapons permits for Campaign Contributions and lined on campaignfinance forms. Voters will choose a new sheriff on tuesday. Both Political Parties are chris crossing the country. President biden is in illinois as former President Trump and obama will be in pennsylvania tomorrow. Officials say that the results next week will be accurate but it could take time before all the winners are announced next week. A big week in the weather department. Yes, cold to start and then the rain is coming saturday. Late in the afternoon saturday, but most of next week has a chance of rain. Lets get you ready for friday morning. You want the heavy jacket. Look at the numbers today, 38 santa rosa. 40 in livermore, 45 in san jose, 44 in oakland, napa city at 39 and we have a frost advisory for Solano County. A little bit colder over here. Daytime highs are relatively cool with sunshine and only reaching the midsixties for most locations today. Tomorrow the rain comes back and you can see what the system looks like. Another one comes in afterward which brings better rain for much of the early part of next week. There are separate systems coming this way. The first one comes saturday Late Afternoon with showers moving across the bay through the afternoon into the evening. And by sunday they should be done, but the next comes in behind that with a widespread area of rainfall and that one moves in monday, tuesday and wednesday next week. We will look at that in more detail. Looking at your roadways, we have a fatal crash northbound 880 at hayward. Traffic is not affected bad as of now. It was a fatal crash and we will keep an eye on this and bring you updates. Looking at traffic elsewhere on the san mateo bridge. Not looking back, 12 minutes from 880 to the 101. At the bay bridge there are meter lights off , not many cars on the road. Seven minutes from the maze into the city. Over this cruise cars are hitting the streets of San Francisco at night. Should companies be moving forward with this technology so quickly . They are hard to miss. The fleet of electric vehicles making up for the quiet sound with a loud look. The ride may start like any other service that you call on a nap , but once inside you can see how this will be unlike any other. That is part of the appeal for some , this San Francisco resident works in tech and does not have a car. You want a different experience. Uses uber and lyft to get around. Now he feels he has one more option. I was very excited. I cannot believe the car was coming. It came over here and parked in front of me. There was no one driving it. Spout he has used cruise several times at night but the hours are limited from 10 00 to 6 00 in San Francisco and only specific regions of the city. We picked the hardest city first. It is part of a strategy to make sure the fleet is safe. The company has covered more than 4 million miles since starting operations, including 400,000 miles with public riders. I have been here in San Francisco since 1983. Summer sure the roads worry that its not enough. They have to give pause and you have to think and say are we moving too fast . The San FranciscoTaxi Worker Alliance has watched the industry evolve and take on one new challenge after the other. As he has seen multiple Companies Moving forward with Driverless Cars , he thinks regulators should require more testing. You can teach the vehicle something that is new and different. The Fire Department has reported one incident this year where a car got in the way and one of the engine trucks responded to a call. Others call to 911 calls complaining about the vehicles driving erratically or blocking travel lanes. They are never distracted or drowsy. The company says the technology will have the car pull over to avoid creating issues for other drivers. You look at the wheel moving. You look to make sure it sees everything. Nicholas says he plans to keep using cruise when possible. Hopefully nothing will happen and nothing has happened. It is safe. Safe to some , but under tested to others. Trying to win over more riders. One trip at a time. If you want to try, there is a wait list but the company will be adding more riders. Cruise will start operating in phoenix and austin by the end of the year. Have you guys tried a self driving car . No, but i have seen one driving to the city. It is a shock to see there is nobody driving. It is a weird concept. Those are the cars that we have seen driving into work in the morning. They are all over the city. I am not ready yet. A man buried a mercedes in the backyard of a home, the mystery is cracked. Governor gavin newsom held up 1 billion this is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Vote yes on 31. This is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Vote yes on 31. On the bay area , demonstrators gathered at city hall to protest the closure of the tenderloin service center. A safe consumption site that provide services , advocates say the city should have a plan in place to provide the services elsewhere for the 400 people that rely on them. The center started operating after the mayor declared a state of emergency in the tenderloin last january. The mystery surrounding a car buried deep in the backyard of a atherton mansion is over. Landscapers discovered the mercedesbenz last month at the home, it was buried five feet deep. Investigators thought it may have contained a body , but they did not find human remains. Investigators believe the homeowner buried his car to commit insurance fraud. In the early 90s he reported the car stolen and then filed an insurance claim. New data from the mta shows ridership is booming on the main bus line using a two mile stretch of express lanes the ridership on the 49 line increased by 60 since the new dedicated lanes opened in april. Okay, now i enjoyed the rain earlier this week and moores coming. I will stay cozy inside. Yes, this system coming for next week looks like a honesttogoodness fall weather maker. Cold and rain, but another comes saturday. Not as impressive on this one but before we get to that come friday morning. Friday morning is pretty cold. Grabbed the jacket, temperatures are in the 40s for most locations but there are some upper 30s. Santa rosa 38, napa 39 and 40 in livermore. We have a frost advisory over here in Solano County. Thats the one place where that has been issued, but everybody wants the jacket. Relatively cool today with a few high clouds, warming up to the 60s for most locations and on the big picture storm track races across the pacific and thats the first chance of rain. Thats in the futurecast and then the first line comes saturday night into sunday. More impressive is this one that comes primarily monday and tuesday. The first one shows up saturday afternoon by 2 00 or 3 00 showers into the north bay which will then work to the south by the evening. Not a lot to this by the evening, but enough rain the second half of saturday. The next one behind it is looking bigger with a better moisture tap and it should have a good amount of cold air to work with. The focus will be throughout the day monday and tuesday. At this point by wednesday, the system should have cleared and the sevenday forecast will be busy with a chance of rain that could linger. At this point it does look to stay focused on monday or tuesday. Moore are out there trying to come this way, but we will check on that later. This is the first one with rain from saturday, the second half of saturday and the totals are not very big. Adding monday and tuesday then the numbers go up to half an inch up to 3 4 inch the bay and this will be good snow in the sierra. It is the second one bringing in the better ingredients and we have nearly 2 feet of new snow in the sierra by the time we finish next week. Sevenday forecast looking busy and it will be busy for saturday the second half of the day and monday and tuesday, but i really think sunday should mostly be rain free although theres a chance of a shower which is why we have got it and we will be done with the monday tuesday system by wednesday. Back to you. Looking at the roadways, we have a fatal crash in hayward that is northbound on 880. The right hand shoulder is blocked but traffic is not too bad. We will bring you any updates as we get them. The san mateo bridge is getting busy, 12 minutes from 880 to the 101. At the golden gate bridge, not a lot of cars, as you can see on the bridge camera. 19 minutes from highway 37 to the ridge. On the bay bridge a little more cars right now, metering lights are off with seven minutes from the maze into the city. Mass transit, if youre taking bart there are 20 minute delays on some trips in both directions until 6 15 a. M. Because of earthquake retrofitting work. If you plan to take bart, keep that in mind. Two years ago voters approved a measure to create a new city street cleaning the apartment. We will tell you why it could be disbanded. We already have the new drake and 21 savage album get to kohls now for limitedtime deals. And earn major kohls cash while you shop save on an amazon tablet earn 15 kohls cash. Get calphalon cookware. Or a shark vacuum earn 30 kohls cash. Plus, take an extra 15 off kohls. Looking at lunch today, noon to 2 00, it is cool. Yesterday and today will be very similar. Low to mid 60s in most locations with a few clouds. I want to look ahead to the next chance of rain which gets here saturday afternoon. Saturday lunch plans, especially in the north bay may have rain. More on that coming up, we have other things to discuss now. It is time for the morning mix. It is friday. Okay, i cannot wait to bundle up this weekend. Was talk about drake and 21 salvage who released a joint album today entitled her loss. Okay, that is interesting cover art. Paying homage to the classic cover from now we. This is not the first time the rappers have collaborated. They have featured on each others work over the years. They went on a promotional student pretending to be on the cover of vogue. The release was delayed for one week , but now fans can enjoy the 16 track unconventional. How they approached the album , so it is interesting to see what people are thinking. A lot of fans were waiting for the album, but it is facing controversy. Megan thee stallion say that the lyrics appear to mention her and one incident with her so she is on twitter and there are a lot of reactions. A lot of controversy already. Especially because it was delayed. So, okay. You know you have arrived when you are being pulled into fake pr campaigns. I thought i was cool because i knew what it was, but apparently it can be used. Lets talk about harry potter. A memorial for one character is facing a strange request, Freshwater Beach is asking mourners of the death of dobby to stop leaving socks at his graveside. The beach is part of a legally protected area and officials deserve the habitat for many creatures. After a review they decided to let the memorial stay standing as long as fans are mindful of what they leave. Are there any micro plastics in the socks . Getting into those biologically sensitive areas. I am so glad they kept the memorial standing. That scene brings you to tears even thinking about it. Thats where it was shot, on the beach. Glad they decided to keep it. Keep the socks off the beach. Lets talk about tiktok, one user will face six months of jail and finds for a stunt pulled at the grand canyon. Katie hit a golf ball over the railing at the National Park for his 6. 9 million followers. Officials say throwing objects into the canyon is not only illegal , but can also endanger hikers and wildlife. She took the video down and within a few days, Law Enforcement tractor down. Do we have to be saying this . You shouldnt have to but i am glad they made a big deal. It might seem minor to you , but if you have that many followers, people may do it. The problem, regardless if she got so much attention for doing something stupid. I dont know what the influencers are doing. A lot of people do things for followers and many times the trend is not okay. So, yes im glad they are doing something. She could get up to six months in jail. Coming up, attempts number three to get artemis 1 off the ground. We will look at how nasa plans to get the rocket into the sky. This is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Vote yes on 31. This is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Vote yes on 31. Logged out of emails and kicked out of slack. Twitter workers are worried about their future. Roughly half of the workers are expected to be let go as elon musk makes major moves. These layoffs do not justify twitter workers, but the surrounding neighborhood. Justin andrews is live in San Francisco with more. Reporter good morning. We have seen the posts of people frustrated or heartbroken over losing their jobs at twitter. These layoffs impact more than just the workers. This has a broad impact on the business is nearby. It is not great. I would never want anyone to lose their jobs, but if they are doing Management Changes and require people to come back to work and even parttime that is great. Come have lunch with us. Reporter this is the general manager at a restaurant nearby and she is uneasy about the changes happening but says she is hoping that another change will be good. Talking about the plans to have twitter workers who did not lose their jobs return to the office. She says even if people only came back two or three days per week it would give her a 50 boost in business which means more foot traffic in the neighborhood that has been struggling. She says the changes will mean the beginning of a new and tough chapter for many, but for her this could mean closing the curtain on a tough chapter for her restaurant. She says that she knows change is hard and understands it is tough for the workers but she is also hoping that the change will help them with a positive outlook. We know there is such a large impact with layoffs and large opinions. Have any local elected leaders said anything about it . Reporter that is a good question. The mayor has been reminding people that San Francisco city and county have 4500 opened positions. She says to sign up and apply. Thank you so much. California businesses are leaving the state at double the rate of previous years. 153 companies relocated headquarters in 2021. That is more than double from 2020 and triple the number from 2018. Researchers say that it comes down to simple economics with states taking in the businesses having fewer regulations, lower taxes and lower cost of living. We will be following the latest developments at twitter all morning long as employees play the waiting game. You can get the latest on kpix. Com, cbs news bay area and elsewhere. The suspect in the attack on paul pelosi is due back in court, david depape will appear so the judge can set preliminary hearing dates and another for emotion on bail versus detention. Documents show that david depape could be in the u. S. Illegally. Homeland security believes he entered the u. S. As a temporary visitor from 2008 and then did not leave. The governor is withholding 1 billion in state budget money that was supposed to help cities and counties reduce homelessness. He says the plan would only reduce homelessness by 2 by 2024 and he is now calling for a meeting with local leaders. Nasa is prepping artemis 1 for another launch attempt. The rocket is being rolled out from the Assembly Building to cape canaveral. Nasa hopes to send the rocket into space on november 14th. There will be no pilot on a 37 day trip around the moon and back, this is a step toward putting americans back on the moon. Temperatures are cold. There was a frost advisory for Solano County. It is cold enough with upper 30s for the north bay valleys, 38 in santa rosa, 39 in napa and then low to mid 40s elsewhere. The only place that gets a frost advisory is Solano County , so bundle up. Relatively cool throughout the day with upper 60s for the warmer inland locations. Low to mid 60s at the immediate bay and then high clouds increase today because we are on the leading edge of the next rainmaker coming tomorrow. Second half of the day we will see rain from the first system and on a closer look timing this out, by the afternoon into the north bay valley you have the rain and then to the south bay by the evening. Less than 1 10 inch. The better storm arrives monday and tuesday of next week. We will look at that coming up. We have a fatal crash in hayward northbound on 880. The right hand shoulder is blocked. We will keep a close eye on this. To the altamont pass, not looking bad overall with 34 minutes from 205 over to the 680. Looking at the bay bridge there are more cars compared to earlier. Meter lights are off and it is not bad over the bridge. Eight minutes from the maze to the city. At the dublin interchange, there are a lot of cars on the morning commute which is getting busy. We are just three days from election day and President Biden and former preisdent trump held rallies promoting higher voter turnout for their party candidates. Trump continues to insist that he won the 2020 election as President Biden warns those false claims are a threat to democracy. More now from capitol hill. Former preisdent trump again hinting at another president ial run while campaigning for gop candidates in iowa. He also repeated false claims about the 2020 president ial election and urged followers to monitor the polls. If you care, the poll workers, we need you. We are going after the right to vote. President biden taking his message that democracy is on the ballot to new mexico and california. We go into this election and you have everybody saying they dont accept the outcome of the last one. They do not guarantee to accept this one. State Election Officials are trying to reassure voters that the results next week will be accurate. They are also urging patience because the results may not be final right away. When we put up the tallies, they need to believe it. They cannot have a doubt. There will be rallies in pennsylvania tomorrow with President Biden and former president obama on one side of the state and former preisdent trump on the other. Debra alfarone, cbs news, washington. Inthe bay area scs built a fofihy stets. A prop established a new department to keep the streets and sidewalks clean. One upcoming measure contracts the whole thing. Now we are looking at some San Francisco residents are taking the dirty jobs into their own hands. Gina lives in the cal hollow house she grew up in. I love the city. It makes me really sad. It has gone in this direction, so i want to be part of the solution. I want to try to make things better. The city will not address the trash issue so, i feel like i want to live here and enjoy it. So i should be part of the team. Once a month she gathers with neighbors to collect trash but she says over the last several years but the issue has grown. I noticed the trash more in the street , outside of the garbage cans. Sometimes there is a garbage can and trash piled up around it. San francisco voters approved the propositions splitting up public works to establish the sanitation and Streets Department which is responsible for litter, trash, city streets and sidewalks , but this year the proposition is back on the ballot to reverse the move and sweep away the department. To some extent i think the government is out of touch with what the citizens really want. I think we are not listening to what people want and what they expect. Gina says although the city needs to find a solution to the garbage issue, she is proud of her neighborhood and has no plans to stop. It is really disappointing. This is not why we live here. It is not the right thing. It is a matter of civic pride. Keep it clean. It makes you feel better and like it safer. Makes you happier and more friendly. A better place to live. The department of sanitation and streets would be reabsorbed into public works, they say that the department is too expensive and never got off the ground. Others say that it needs more time. We have you covered on election night, all of your results will be on our network. Coverage begins tuesday at 5 00. How are the 49er players taking advantage of their time off . Here is the red and gold report. This is the volkswagen red and gold report. It is the bye week, this means time off and a break. How exactly are they spending their time off . Im going to be chilling with my girl. Having some extra time with her. What does chilling involve . Probably go out to San Francisco, maybe catch a warriors game. I will go see my family in indiana. My niece has a scholarship for softball. Just an opportunity to spend time with them. My son is getting ready for the playoffs in texas. I am excited to go spend time with the family. Just chilling here. Trying to separate a little bit from football, but not to much. With the red and gold report im vern glenn. I love the family time. The 49ers are not the only ones that are optimistic. Also the fans. We have seen how excited they are for the season. We want to introduce you to this super fan who is confident the 49ers will make it to the playoffs. We have the home jersey, the blackout jersey and the salute to Service Jersey and then we have the away jersey. A diehard fan to say the least. You may have seen him talking previously with our cameras. This was during the playoffs last season, now we go inside his office thats filled with red and gold and memories. One of my prized possessions. I have this autograph by bowman. You can see him on his back when he flipped after he got into the end zone. He has signed autographs, even holding onto the tickets. Super bowl to get in miami. Sixpack. That is the memories you will never give up. I live and breathe for this team. You can see everything from them and i wake up in the morning i am taking about football. I am thinking about the 49ers. And then when its done, i am waiting for training camp. He was at the game last sunday with the faithful. It was like being at levi stadium. They say the ratio was not bad, but i feel it was 85 49er fans. He has a good feeling this year. Christian mccaffrey. He picked up the triple crown. Super bowl bound. Playoffs round and super bowl bound. When we get the players back after the bye, there was no stopping. In the backfield. Like for him its more than a game, it is the family may have created. We stay in the same spot and then we go out and have dinner. We break bread, our kids grow up together. It is a family. Hearing him, you think about seeing that office. The amount of jerseys that he has and the dedication. He did say the 49ers are playing in mexico one game and he is going. Coming up, prices are up this holiday season. We this is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Vote yes on 31. As someone living with type 2 diabetes, i want to keep it real and talk about some risks. With type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. Even at your a1c goal, youre still at risk. Which if ignored could bring you here. May put you in one of those. Or even worse. Too much . Thats the point. Get real about your risks and do something about it. Talk to your Health Care Provider about ways to lower your risk of stroke, heart attack, or death. Learn more at getrealaboutdiabetes. Com this is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Vote yes on 31. Time for the money watch report. Payroll surging by 261,000 jobs in october, better than expected with hiring remaining strong we will see how the news impacts the markets when they open. Companies suspending advertising on twitter after elon musk took over, General Mills will pause advertising. They would like to take a closer look at the new ownership and direction before spending any more. General motors has put twitter advertisement campaigns on hold, it could be a response that elon musk owns tesla. Inflation will not turn us all into the grinch this holiday season. Holiday shopping should be healthy despite rising prices. Retail sales are expected to grow 6 to 8 percent from last year. Expected gains are less than last year when holiday sales grew more than 13 shattering previous records. Thats a look at your money watch report. Lets get a look at the forecast as we are headed into the weekend. It is a cold friday and we have two systems coming. The majority of it is early next week, but there is some rain for part of the weekend. Friday morning, you want the heavy jacket. Upper 30s in the north bay and low to mid 40s elsewhere. Daytime highs in the 60s with some high clouds. This is an easy day , but the clouds advance in the next of the rainmaker with a lot of energy coming from the pacific. Most of that goes northwest , but we will get some of the first storm this afternoon. I want to show you what comes after that. This system comes monday and tuesday next week and that looks more impressive. Here is the first one tomorrow. Saturday afternoon we have light showers in the north bay and then working to the south by the evening. So the second half of the day saturday, 1 10 inch of rain. Not big totals but it is rain and it is the weekend. Not happy, but plan on the rain. This system then comes late sunday night and we should think of this as a monday tuesday storm. This one has more to work with. It is bigger with colder air and it will have widespread rain. If we break up the systems, theres the first one saturday for the second half of the day and then the totals go up for monday or tuesday. That one will put over one foot of snow in the sierra. We are looking busy, but sunday we are in between systems and then wednesday we are done and then the microclimate tells you the same story. Over to you, jocelyn moran. We are ready for a tough fire season in the bay area and as you mentioned we are getting rain this weekend. Fire season may be ending next week. Here is the story from the north bay. This looks like a new Housing Development because the tubbs fire burned down every single home in the neighborhood. We had no idea the fire would destroy homes. This is what pauls home looked like before the fire and this is what he came home to. The only recognizable thing left was the frame of his truck. This santa rosa fire marshal was working to alert residents on that october night. He then started hearing the fire was approaching the streets in his neighborhood. On the way up , we diverted to this general location. The community is still feeling the devastation of the destruction and the tubbs fire forever changed the way that residents protect their homes, by creating defensible space. The Fire Department also will be sending more resources now using technology to spot fires sooner. We had no shortage of fires, but they were controlled, not only by how we changed how we respond, but by the proactive measures that are put in place. Mother nature played a role as well, the north they did not see the typical wind events that come in september and october. With rain in the forecast the fire season could be ending early. As communities avoided devastating fires this year, with Climate Change you never know what next year will bring. That seems to be the new normal, but we are changing how we react to hopefully reduce the destruction , but we know the potential is there. Lets take a look at your roadways. Starting off with a left lane blockage because of a crash westbound on highway 24 at exit 19. In that direction, be aware of possible delays. Over at the altamont pass, things are not bad, dirty five minutes from 205 over the 680. A live look at the san mateo bridge with more cars on the roadways headed westbound, 12 minutes from 880 to the 101. Looking at the nimitz freeway, looking good in both directions. Over to the bay bridge, meter lights are still off but things are getting busy with 10 minutes from the maze to the city. A quick look at mass transit on bart, there are delays of 20 minutes on some trips in both directions. That is due to earthquake retrofitting. Keep that in mind. The last day on the job after more than 40 years as a postal worker, one resident walks his ro this is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Vote yes on 31. This is what voting yes on prop 31 means. Yes on 31 ends the sale of candy flavored tobacco products. Yes, stops big tobacco from targeting our kids. Yes, protects kids from nicotine addiction. Good morning. I am live outside of twitter headquarters where thousands of workers were told not to show up today because they had been fired. We are sorting through the latest twitter saga. Its not just twitter employees being laid off. Other tech workers are now out of jobs and looking for a place to go. Paul pelosi back home after being attacked a week ago in his San Francisco home. The long recovery thats ahead. Lori smith learns her fate, the verdict in the former sheriff s corruption and misconduct trial