going to work. i think it would have been better in this day and age. john: it s a shame, 79, probably had a lot of years left. i had a chance to talk to him a couple times, really nice guy. aishah: yeah, really, really big loss. john: he will be missed. the homeless man accused of attacking san francisco s former fire commissioner in the head with a metal pipe earlier this month is being released from jail. this after the victim did not show up to court to testify due to what his legal team says are injuries from the april 5th attack. claudia is live outside the courthouse in san francisco. let me make sure i have this straight. the guy walked free because hi victim could not show up in court because of his injuries. that stunning turn of events here at court today, john, and comes after the man who was very viciously beaten and of course the central figure in this high profile case was a no-show at