Court session that was open to the public, we learned that the defense and the das Attorneys Office cannot talk about anything related to the case because the judge has just learned that at least 5 of the jurors now and paneled have scheduling conflicts so they must work to work every once schedule and take that into consideration while they start deliberations over. The judge even ominously said if one remaining alternate is left, it very well could be asked to do join the discussion so if that happens, they have to start that over again. Right now the fate of Derick Almena and max harris, the two defendants charged with Involuntary Manslaughter hangs in the balance after 10 days of deliberations. I know jury must start over because of apparent possible juror misconduct, possible contact with the news media. You can tell i can tell you that ktvu has not approached any of these jurors. We dont film them, talk to them or even say hello to them. Whatever transpired happened was someone else and at least 1 of the jurors so again, 3 women booted from the jury, 3 alternates taking their place and the panel will start all over. After 10 days, many families gathered in court hoping for decision. Instead they will have to wait a little longer. Henry, thank you. Joining us now is legal analyst, michael cardoza. First of all, your reaction to the development and how hard would it be for the original jurors to start from fresh after they have been delivering and discussing thing for 10 days . It will be very difficult for them to go back to the get go and start the conversation with everybody but that is what the judge will tell them to do. I fail to believe they will go over everything but they will be instructed to but they will go over the major points of the trial. What would have had to have happened for these jurors to be dismissed . First of all, i would be curious about who reported them. Who said what. Some information had to get to the judge. Usually, the way it happens, a juror or jurors say to the bailiff, hey, something is going on and they give the bailiff a note. The bailiff takes it to the judge and the judge then brings all the lawyers in and says, we have a struggle problem with the jury. If you remember back to Scot Peterson in his trial, there was a juror that was a medical doctor and a lawyer and the jurors complained to judge deluca at the time who was the presiding judge and he got rid of that juror so it happens and it happens more often than one would think where jurors are excusing trial. Obviously the judge, judge thompson knows what she is doing. She has had a long career and in the criminal Justice Department system, it is more about being fair than fast. How difficult is it that we have had 3 jurors removed from the trial . It depends what happened. It is a big deal because you tell jurors, dont talk to the press. If you see anything on television, turn it off right away. If you see a headline, dont look at it. Dont read the article. Dont talk to people about this. And judges and attorneys try trust jurors to do that. Self ive always been very skeptical because i have had jurors who went very quickly in a 75 count and in an hour, a changed over weekend. What happened over the weekend. What did they see . Who did they talk to . Why do they flip that quickly . It will be interesting to see what was the reason that the judge dismissed them. Did they talk to a reporter . Did they watch the news . And why was it 3 of them. If it was 3 of them, i would bet they talked amongst themselves and other jurors heard them and said wait a minute, you are not supposed to do that and then they report that and off those jurors go. If you are Derick Almena and max harriss attorneys at this point, what is your next move . What are you thinking ahead now . Im praying a lot harder at about that time because you dont know. Remember, the jury was composed of 9 women and 3 men. I was always curious about why the defense left on so many women because it is a very emotional case. You have 36 dead bodies. You have the emotion of that. And usually, women tend to be more emotional than us men. We put off walls and are tough guys so i thought, okay, what did this change the jury to now . How many alternates are women of those 3 . I dont know right now. As we know, this has been an emotional case. If you are the victims families you have been sitting three days of testimony. What do you say to them . What does this mean to them . What likely are they going to right now . They are going through the same thing that the prosecutors and defense is going through and that is a lot of angst and wondering, what happened . Why did this happen . What is the count of the jury now . I can guarantee you this, they want a verdict in this case. Judge thompson really wants a verdict because you dont want to be retrying this again. So in replacing jurors, you are hoping, all right, maybe we will now have a more cohesive jury, one that can come to a conclusion. As i have said, my guess in the trial, and ive never been right, is that one of them is going to be found guilty and one may hang or be found not guilty and i think Derick Almena is the one that the jury will look to to find guilty. They may even have a verdict right now. We dont know. Then you bring the other 3 and there is the dynamic of that and then we will work on the other defendant so you never know where they are and the judges are not giving up too much information and she has gagged the lawyers so they cannot talk. We know nothing. Other than that they are going to go back and start from the getgo which will be very, very difficult. And then, off we go to see what happens so you can expect days more of deliberation. If they come back quickly, if they come back quickly, the question is going to be, wait a minute. You were supposed to go over there all the evidence. How could you do it in one day . How did you do it in two days . So they are going to have to stay out to make it look good at a certain level. We will even at that, michael. As always, thank you for being with us. For more information on the ghost ship warehouse trail as well as the events that took place today, head to our website, ktvu. Com. The man accused of killing 18yearold nia wilson at the Macarthur Bart station in oakland will not face the bit death penalty. The Alameda County das office announced that a hearing it will not seek the death penalty. John lee cowell is charged with murder for the death of nia wilson and attempted murder for the attack on her sister, letifah wilson. This follows months of questions about his mental state and whether he would be able to understand what is happening in court. Based on the governors decision, this is something we have to respect, you know, as far as no more death penalty. We have to go with life without parole. A plea hearing is set for october 11 with a jury trial starting in january. The man caught on video allegedly attacking a woman as she entered her building is now facing new charges. Ktvus Christien Kafton is live at the holub justice tonight. Christian . Reporter the appearance today was just a surrender of himself in light of the new allegations that have just surfaced. Meanwhile, vincent is behind bars tonight. Austin vincent walked into the holub justice to surrender himself this morning looking very different than his mug shot. The 25yearold had a previouslyscheduled court date to today in connection with an alleged attack last sunday. That attack was captured by surveillance cameras. Now he is facing new charges. San Francisco Police say following his high profile arrest and release from custody last week, another won has come forward after seeing his photo saying vincent attacked her with a knife while she was waiting for a rideshare earlier this year. We were contacted the middle of last week from a victim who should said she was a victim of an attack by mr. Vincent in february. Reporter judge flenniken did not order vincent to go to jail last week from the arrest caught on camera but did schedule a court date for today. Following the investigation, san Francisco Police made arrangements to arrest him on the new charge. We monitored mr. Vincent as we knew he was in a Treatment Program and with a gps monitor so we knew his location. We spoke with the public defender and there was an agreement that mr. Vincent would turn himself in this morning. Reporter vincents attorney has said his client spent most of his last week in a live in Treatment Center getting attention for Mental Health issues. Today, he said he will represent vincent against the latest allegations. He takes the situation seriously but he is also taking his treatment very seriously and has been doing everything he has to do to get better. Reporter because of the arrest, hearing on the attack on video has now been postponed so the court can begin processing the new allegations. The defendant is currently being booked. The process takes time. And while hes getting booked, the judge indicated that the case will be put over until tomorrow at 1 30 p. M. Reporter residents living along the embarcadero opposed to a new Homeless Navigation Center released a statement after learning about the new allegations vincent is facing reading, in part, the shocking assault of the alleged assailant, Austin James Vincent is emblematic of what is wrong in surface go. Now he is alleged to have committed a previous crime with a knife against a woman. San Francisco Police say they are looking at two more instances where victims have come forward. At this point they are not offering any details. We are hoping to learn more perhaps tomorrow. Maybe in the court appearance. Live in separate cisco, Christien Kafton, ktvu fox2 news. The Homeless Navigation Center in San Francisco can be controversial. The chief of police in one bay area city speaks with us live about why her city should be open to the idea. Also had, the federal government is looking into whether the city of San Francisco is discriminating against people searching for Affordable Housing. We will speak about those claims coming up at 4 30. A slow clearing day around the bay area. Outside the doors at this time, partly cloudy conditions and cooler temperatures. I will have a look at what you can expect for tomorrow and the rest of the week, coming up. The city of fremont is deciding whether to put the citys first Homeless Navigation Center in place. Hundreds of residents have shared their opinions during open meetings on the topic and more meetings are scheduled. In an open letter to the city, the police chief says the center will be navigated after a Navigation Center in berkeley. We are joined bike police chief, kim peterson. Thank you for joining us. Thank you for having me. We have seen the upper over Navigation Centers, the one in San Francisco along the barcadero. Residents believe it will bring crime to the area. Is that why you sent the open letter to the community . Really part of that was ensuring residents in the community that we are doing our part to do the research on it and we also have many of the same concerns as the residents and that is why we did an in depth look at how the center would be run, what the effects might be and i simply wanted to share the information with the public i think that having that information can really help people make a more informed decision. So you point out that the Navigation Center will be modeled after the one in berkeley. Why that particular Navigation Center . Reporter not all Navigation Centers are equal. There are very much dependent on the groups that run them, of course, cities provide direction or guidelines to each different Navigation Center. Specific to their own concerns. We are much more similar in size to berkeley then we are to say, San Francisco, for example. Our center would be run, modeled after the Berkeley Center, in part because of their high success rate so that is why. So these Navigation Centers like the one in separate cisco also provide resources, the one in berkeley, too to those who need it but organizations like safe embarcadero point out that they still see a draw on more activity like drug use. How do you convince the community in light of what the hearing public say is a good idea for the fremont area . Again, fremont is a very Different Community then San Francisco. One of the ways we would and sure that is we are small enough to be able to help with anything like that. If there was any issues with the center, we would be old to mitigate those concerns. When i went to the Berkeley Center and looked at it first hand, they, in fact, have cleaned up those areas around the center by directing the folks who are running their center to be recruiting from that immediate area and that would be part of our tactic as well. That is what i want to ask you about. The recruitment, the Berkeley Center pointed out in your letter, they put the Navigation Center in an area with a lot of homeless and cabins and started the recruitment after or right around the immediate area. Is that when you plan to do in fremont if the facility opens . Ultimately, the council decides where the center goes. If we move forward with a. Regardless of where goes, half of those first beds, we are going to be recruiting from the immediate area. We want to make sure we are Good Neighbors and so by recruiting from that immediate area, the hope is that we can help convince those neighbors that we are going to make an actual specific effort to clean up those areas around there and to bring homeless from that area to hopefully make the public a little more open to it because it is important that we try this. And im curious. Half the beds are going to go to people from fremont but another half from people in the surrounding areas. Do you know why we are not focusing solely on the homeless appellation of fremont . As you might imagine, homelessness is really a regional problem. It is not just a fremont problem, not just a separate cisco problem. We are all grappling with this issue and fremont is kind of the big brother city, i guess i would say. And tricities are fremont, new arc and union city. Fremont completely encompasses the city of newark which is very small and we are directly adjacent to union city and the population we are talking but is very mobile so we know that by recruiting from this slightly larger area, we are also helping fremont deal with our issues. And the bottom line is something needs to be done about the homeless situation all over the bay area to perhaps, this is a step in the right direction. Fremont police chief, kim peterson, thank you so much for joining us. Thank you. More on the upcoming Public Meetings in fremont, you can head to our website on ktvu. Com. Lets go to rosemary now for a check of the weather. Very mild day across the bay area. It took part of the afternoon before the east bay shore even saw the sunshine. Outside of the summer, plenty of blue skies over oakland, alameda, toward San Francisco but if you look way back, you can see the clouds sort of banked up against the coastline. San francisco at 64 right now. Upper 60s in oakland, 76 in livermore, san jose, mid70s, 79 in santa rosa. In land areas are enjoying mid to upper 70s to low 80s. That is right on the second half of august. Temperatures are cooler today by several degrees, down by 7 degrees in livermore, 2 inaba, santa rosa, one of the spots that is warmer along with Half Moon Bay but san carlos, oakland, hayward, Mountain View all down by several degrees from yesterdays highs. We are continuing to see the cloud cover along the coastline. Everybody else sort of cleared out, a late date clearing for the east bay shore. It took until about 3 pm this afternoon. Clouds will move back across the bay into the evening hours. Tomorrow morning we will wake up with mostly cloudy skies and even a little drizzle. The onshore breeze is 20 Miles Per Hour. Oakland oakland is 14. But very pleasant weather in land. Futurecast for tomorrow morning, clouds widespread once again. Those patches of blue are patchy drivel drizzle to start. Partly cloudy in the afternoon away from the coastline. Temperatures tomorrow morning, upper 50s in separate cisco, 59 in hayward, 55 in napa and the afternoon, coming up slightly around the bay. A little warmer for inland cities. 86 in concord, upper 80s in antioch. Temperatures will continue to climb. Double look at the warming trend in the extended forecast. Thank you so much. Major changes for when California Police officers can use deadly force. We speak to an export about the bill signed into law today and what it means for officers Going Forward pick in week off with fox at 8 00 tonight, an all new episode of beat shazam followed by an episode of so you think you can dance and 9 00 and stick around for the 10 00 and 11 00 news right here on ktvu but two investigates the fatal oversight at the Solano County jail. I mean im angry right now because their neglect killed my