what this could mean for the case. out the demand for covid-19 testing is skyrocketing following the holidays as children head back to the classroom. apple reaches a milestone. how much the company is worth. good afternoon. i am allen martin. now on kpix 5 and streaming on cbsn bay area, new developments in the elizabeth holmes trial. the jury said they are not able to reach a unanimous verdict on three of the fraud counts faced . the judge sent the jury back to deliberate some more. minutes ago, the court received another note from the jury. we will soon learn what this is about. holmes is accused of defrauding investors and deceiving doctors and patients as the head of theranos . if convicted, she faces up to 20 years in prison and we are joined now by stanford law professor david. we do not know which of the charges they are hung up on. >> no one really knows until we see what the jury tells us and we have reached the end of the deliberations. the biggest news this morning was the jury was able to reach a unanimous verdict with regard to eight of the charges. the fact that they have not reached a unanimous verdict with regard to the other three is less important. >> how likely is that the trial might end in a mistrial? >> it is possible there will be a partial verdict and highly unlikely the judge would refuse to accept the verdict of the jury with regard to the charges they have achieved a decision on . it is possible if they cannot reach a decision, the judge will get a verdict on eight. the government would have the option to retry if they wanted to but it is unlikely. >> we have had a three month trial and nearly 30 witnesses. how unusual is it the jury cannot reach a verdict right away? >> it is not that unusual. particularly in a white-collar fraud case. these cases involve complicated business deals. many of the jury might not be familiar with those kind of transactions this jury, like many, appears to have worked very carefully and considered the charges one by one working its way through. that takes time. >> i may have to try to figure out what was her motivation at the time. that is a difficult thing. >> that is right. the hurt of a fraud charge is intent to deceive. that depends on what was inside the head of elizabeth holmes and that is difficult to reach agreement about. >> i appreciate it so much, david sklansky ghre on kpix 5 and streaming on cbsn bay area. lots of people are rushing to get tested after the holidays. there was a long line of cars at the hayward test flight along golf course road. the test positivity rate is up to 16% statewide with 16,000 new cases every day. kpix 5's devin fehely shows as. >> reporter: a spike in cases have sent a ripple effect through the airline industry with a result of 2400 canceled flights and 4200 delays. the culprit is the omicron variant. >> chaos and confusion. a completely new challenge. >> reporter: seven and winds have set aside lined flight crews , leaving them shortstaffed. 56 flights in and out of sfo have been canceled. it appears san jose minetta has been spared. >> understand the problems life,. >> reporter: the cancellations might be unavoidable , so check ahead and always pack your patience. devin fehely, kpix 5. thousands of students are back in the classroom today . today the san jose unified school district health testing clinics at different locations and not only are they supplying at-home tests, but they are also offering pcr testing to students. for the latest on the pandemic, you can visit our website www.kpix.com where you will find a full resource guide . we will turn it over to meteorologist darren peck . >> there is a few more here from the top of the salesforce tower looking toward the east bay and you can see the green over here and as we come out of this view, it is the same story . light showers for now picking up just a little bit in intensity to be rain is actually lining up with the cold front we can take the line of rain. by the time we get past loans, the rain will be picking up a little bit in intensity. maybe you will get more noticeable rain we will show you how much longer this will impact tuesday. i will see you then. >> thank you so much, darren. going to interstate 80 in the sierra, more snow is on the way. pg&e said 25,000 customers are still in the dark. new video of the king tides . the tides cause minor flooding. this is near the ferry building . there was also minor flooding in the north bay today when bicyclists in sausalito caused this parking lot to be flooded. several eucalyptus trees crash onto the roadway with traffic near brentwood and pinehurst road blocked . we do not know how long it will take to clear this up. apple breaking records on wall street. they are the first publicly traded company to be worth $3 trillion. shares hit a high of $182. microsoft is worth about $2.5 trillion. alphabet is worth $2 trillion. amazon is $1.7 trillion. >> kpix 5's justin andrews breaks this down. >> reporter: the restaurant industry is talking about the bacon law. she is the director of this restaurant association and says the law allows more space for pigs to live. >> farmers already exceeded the criteria. >> reporter: is for bacon prices going up? it could be a sticker shock . >> will this hurt immigrant restaurants and chinese restaurants going into the new year and cannot get the bacon with the pork? >> it is going to be much more restrictive. >> she calls this a bona fide team license meaning bars cannot participate in the cocktails. another law is seizing ghost gun. this will make it possible for teachers and coworkers or employers to ask a judge to seize ghost guns from those who could be a danger to others. previously if they were enforcing a restraining order and found a ghost gun in the home. >> the police department will not be able to recover the gun. under the new definition, law enforcement will be able to recover the guns and keep them off the streets. >> this year the minimum wage goes up. businesses with at least 26 employees will be required to pay a $15 minimum wage. still to come on kpix 5 and streaming on cbsn bay area, while everyone was concerned about gaining weight during the covid-19 lockdown, new research trends a bright spot on pandemic fitness. we will show you how everything is on hold on capitol hill today as the east gets pummeled with snow. as many of us contemplate hitting the gym this year, british researchers found something surprisingt folk who avoided gaining weight during the pandemic. he only reports. >> reporter: when covid-19 shut everything down, lily hutchinson at the time on her hands. >> raised the time to exercise as much as i could. >> reporter: she biked at home until they reopened. amber taught classes online until she was back at her london studio. she also noticed many newcomers shared something in common. >> it probably scared and motivated a lots to try to improve the overall health. >> reporter: these stories are not unique. in the largest nutrition study, researchers saw something they did not expect during the pandemic. >> for a large portion of the population, it was a petition to get healthier. >> reporter: they lost an average of nine pounds. 22% took less. >> the people who started off with the least healthy lifestyle were motivated to lose weight to improve their diet and increase physical activity and sleep habits. >> reporter: she also noticed more than a physical change. the pandemic giving some the time to focus on getting fit physically and mentally. ian lee, cbs news, london . on wall street today they celebrated the effort put into the pandemic. the close of the stock market saw solid numbers today with the dow jones up to hundred and 46 points. the s&p 500 is up about 30. if you are old school blackberry, you might have less than a few hours. blackberry said tomorrow services on devices will no longer reliably function. this includes data and phone calls. blackberry android devices will not be affected. the third largest pizza chain is raising thepriclitt ca new version will be topped with 33% more pepperoni. the price is a permanent change in the first price increase in 25 years. taking a live look at the white house, the mayor of washington, d.c. issued a snow emergency do to a winter storm. federal offices closed. congress is postponing votes scheduled until tomorrow. they will receive nearly 1 foot of snow. they will never get any work done expect to have that fall in a city, and that is more snow than donner pass is going to get today. the system is giving those light rain. you can see from the top of the salesforce tower looking north toward richardson bay we have the light rain falling. there has not been a lot of measurable rain since midnight. up in the far north bay variables at best it is 2/100. high def doppler shows us the light rain now. we put it forward and this is what we were looking at we will see a line of rain that is settled but it is tied into a cold front picking up the intensity of the rain. it is they are. you can watch it. it is not very strong. if you only have a misting rain today over the next six hours through the evening, you might notice the rain picking up two more noticeable raindrops. we. up maybe 1/10 of an inch. morning lows will go into the low 50s but we will keep a cloudy overnight. the rain holds on through the early morning on tuesday. very little consequence from it. wednesday if we see in the rain, it comes from a system to the north bay. this is the next system that we will watch. just to get an idea what friday raincoat look thing, it is about one quarter of an inch. maybe by monday of next week there is another chance of rain. the rain is only in the morning and in the north bay you might see a stray shower coming through. over to you, allen. >> thank you so much, darren. still to come, the navy making history today . we will ask a local doctor how can you tell if you have covid-19, the flu, or the common cold? that is california representative devin nunes has announced his resignation from congress. the california republican announced that he would be vacating his seat to become ceo of the trump media and technology group. the navy is making history today is the first woman to lead a nuclear aircraft carrier takes to the seas . she is taking the commanding post of the uss abraham lincoln. it took off from san diego earlier today. completing more than 3000 flight hours during her career. you can start the year off is a multimillionaire. the powerball jackpot is up for grabs because nobody had the winning numbers. the jackpot increased up to 522 million. tickets are available in 45 states. the odds of winning are extremely slim at just one in 292 million. you're more likely to get killed by a bee sting. if you are feeling lucky, the next drawing is ni. ifba phrases, we are circling back after the break to bring you the latest added to the list. happy new year from us here at the "cbs evening news". we have some major news for parents with the fda authorizing a booster shot and hannah sellinger children could get it practices all coming up. see we have breaking news from the theranos product >> reporter: sanders they were and it has been sent to the court is after considering all evidence in the instructions come it has concluded it cannot reach a unanimous verdict on three of the 11 charges. the jury will be polled by the judge that we will bring your further updates as soon as we get them. one last look at where the rain is now. it is light and pretty much bay area wide. it will get heavier between now and midnight. just somewhat more noticeable rain, picking up a quarter of an inch of rain over the course of the evening. looking ahead at the seven-day forecast, another chance of rain shows up friday and another one monday next week. we will at least keep the possibility going with the next chance showing up by friday. >> thank you so much, darren. lake superior state university is that with the list of banished words. this year topping the list was the phrase "no worries" followed by "wait, what?" , "new normal" and "circle back" . at the end of the day, there is always a banished phrase. that was my all time favorite. >> none of us should fill but if we have used this. >> that is it for "kpix 5 news at 3:00 captioning sponsored by cbs >> o'donnell: tonight, holiday travels' perfect storm, fast moving winter weather and the pandemic leaves travelers stranded and thousands of flights canceled. tens of millions of americans under winter weather alerts with a snowstorm so powerful it even grounded the commander-in-chief. new year, same travel nightmare from bad weather different. >> i don't know where i'm going to be out of this. this is crazy! >> o'donnell: -- to covid staff shortages. >> my flight got canceled three times already due to lack of crewmates. >> o'donnell: kids and covid, the return to the classroom for america's school children. what's being done to keep them safe. >> i just hope he doesn't get

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