he denied using banned drugs. in april, a jury deadlocked on three charges that he lied under oath and convicting of only one count of obstruction of justice. it is unclear how long we will have to wait for the judge's decision on the defense is requesting an acquittal. short of that a new trial. >> hither there is - heather, there is no time table. it has been going on years and years. >>reporter: it is hard to imagine it going on any longer. the wheels of justice turn slowly as any out there. and the judge has a lot of independence and power to take the time she needs and want to make the decision. one of our experts said she probably has made up her mind, but it doesn't feel proper to go ahead and say denied to the defense just so cursorly like that. >> is there any indication of prosecutors about plans to go forward on three perjury charges that resulted in a mistrial. if they don't win on this case, will they go back on the other three charges and retry those? >>reporter: do they want to go through the elaborate and expensive process again? we don't have an exact figure but in the millions certainly. they have not revealed whether or not they will ask for another trial if they lose this. that is if the judge acquits on the one conviction that the prosecution had won. they said right after the verdict in april they would make the decision quickly. if they have, they haven't let us know yet. >> one thing about the case, there is nothing quick about it. heather ishimaru thank you. >> oakland police said san francisco counter parts could learn about security. authorities need your help in finding this man. he is believed to have viciously beaten a man in a coma in the 49-raiders game. the game was marred by fist fight in and out of the park. the nfl man charge in security said the sftd should look to them for advice. >> that is how they run the football games an suggested that san francisco take the model of oakland and address it along those lines. >> the three victims are recovering slow the management put in more security where alcohol can be sold and when fans can drink. that will be put to test in the home game against houston. >> the second suspect is under arrest. two men tried to pull off the heist. brothers, 25 year old pierre daniel and. one was arrested after he went to the hospital. the police officer has a shoulder wound that he suffered in the shoot out with the daniel brothers. a guard was hospitalized in serious but stable condition. >> there is a rise in the number of people foiling - filing for unemployment. jobless applications rose by 5000 to 417,000. that is the highest level. withoutut - without the strikers reports suggest that claims had stabilized. the job fair in the south bay is hoping to cut in those numbers. they are targeting vets and their spouses. >>reporter: it is a daunting task to find a job in this commempt - economy. but the four-hour career fair made that easier for military veterans. between them, this couple served in the navy for three decade and hope that the two-hour drive helps them land full-time jobs. >> lock for - looking for a federal position so i can transfer my military experience over to a federal job. >>reporter: several are represented in the job fair. there is corporate players. >> they will bring people together and work well as a team and looking for the skill set. with the military, they come to us with it engrained. >>reporter: that makes these types of targeted events important. >> we'll do these and keep it about the same pace and schedule for 2012. >> recent and longg-- long-term veterans appreciate the opportunity. >> i have been out there a decade and i drove three hours from central california looking to get in the work force. goodman air specialist is giving military veterans top priority. >> we like to put military personnel back to work. >> she and her fiance made promising connections. >> in an event such as this military families and members and so on and so forth, it is an opportunity i have waited for and glad to be a part of it. >>reporter: you got a sense of mutual appreciation. employers appreciating the military and military folks appreciate the opportunities they are begin. recruit military is based out of ohio. they are free to military members and veteranand their spouses. in san jose abc sevennews. >> local businesses are looking over seas to generate job in the region. the congressman were in walnut creek with a meeting. north california competes with products that are high tech, aerospace and pharmesuticals. the challenge is to break down barriers and protect american companies. >> most of the trade laws are written in a way to give other companies acess to america, and less so, america access to the countries. >> congress is expected to renew the debate on free trade agreements. >> our coverage much hurricane irene. it is a dangerous cat rory - categor 3 hurricane. they called it a frightening storm and added that irene is terrifying even from above. here is how the entire east coast is preparing for irene. as you mentioned it is a category three hurricane but there are real fears that it could intensify in a category 4 storm before slamming in the east coast. >> along the north carolina coast, there is not a lot of calm before the storm. >> even if you are on the beach you are not relaxing. >> by car and by boat, would-be vacationers on the outer banks are heading for higher ground. >> our plans are cancelled and we are leaving on our honeymoon on monday. irene is crashing down on the party after roaring down on the bahamas with gusts of over 115 miles per hour. forecast has irene hitting carolinas on saturday. in new jersey they are moving metal and home improvement superstores are packed. >> we are putting up ply wood all around the woundos. >>reporter: it is expected to be the most ferocious storm to slam the east coast since hurricane bob. >> after it leaves the carolinas, it is expected to move inland or just a bit off, and affect all of these on saturday and sunday, even here in new york city. >>reporter: police have 50 small boats available in low-lying areas. >> the nypd division has helicopters and 33 police boats out there ready. >>reporter: several east coast governors declared states of emergency, preparing for the worst and hoping for the best. here in new york, to prepare for irene, mayor bloomburg said crews are around the city clearing all 143,000 catch basins to prevent flooding. larry? >> tj, i understand the navy is moving its ships out of port? >>reporter: that's correct. 64 ships were ordered to move out of virginia saying they could weather the torm better out at sea. spencer christian is here tracking irene. where is th hurricane at this hour? >> lairry, -ulary it is a category three hurricane and moving out of the northern bahamas and caribbean and back in the warm waters of the south atlantic. it is expected to trek northwest and along the atlantic coast as a category three hurricane still. and maintains the current path it will hit cape patters and saturday morning at 11:00. and continue northward and hit new york city area sunday morning as a category one hurricane. it would be unusual. last time a hurricane passed directly over new york city was in 1821. and the last time hurricane passed over long island was in 1938. and as you order in the report hurricane bob brushed the tip of long island in 1991. but that is not a direct hit. it would be unusual. southeasternitates have much -- southeastern states have much more hits. there is a question of storm surge that take place in the eastern and northeastern part of the storm. long longg would be in the path of the storm surge and produce waves of 5-10 feet. >> thank you, spencer. >> see you later on. just ahead, a planet made of diamonds. that story is ahead. >> that's your kind of planet. state lawmakers decide what to do about a proposed ban on sharks. >> and drastically cutting the number of days kids are sick. >> this has tested our company in every possible direction. >> night in the opera, archaeologist played a big role as the actors. we'll check traffic now. at 4:12 on thursday afternoon, we are looking at downtown san francisco in the skyway, as usual traffic heading toward the bay bridge is backing up. it is always like that now. and if you are heading southbound toward the peninsula and look at 101 south, things are moving better and it is a bit slower than drivers might prefer. reellililililililililililililili [ female announcer ] at the jcpenney as big as it gets sale, find 50% off all arizona tops and bottoms for back to school! check out our biggest 4 hour steals this saturday! save 50% on flannels for guys, jeans for kids, tops & bottoms for juniors, plus schoolbags, too! the savings get even bigger with jcp cash! earn $10 off when you spend just 25! no exclusions! unlike other stores, we don't make you come back to save! go to jcp.com to see everything on sale. we make back to school style affordable. you make it yours. jcpenney. >> only half of the teenage girls in the united states rolled up their sleeves for a controversial vaccine for cervical cancer. some believe that parents are uneasy to the implications of the vaccine. 49 percent of the girls received the first dose in the three shot vaccination against the hpv. sexually transmitted virus that can cause cervical cancer. a new study is giving moms added ammunition when it comes to kids are told to wash their hands. it cuts the number of days they stay home sick 26 percent. kids who washed their hands regularly had 22 percent less illness. >> for entertainment. crete is recreated in the theater in san jose. it is the most ambitious of a mozart classic. don sanchez shows us what it takes put on the epic. >>reporter: that wall weighs 12,000. they are a replications of real places in crete for the mozart. >> it tested the limits in every possible direction . >> 180 costumes and 127 wigs and an enormous set. it is big. >> it is spectacular looking and the first dramatic master piece. he wrote two versions television. they will do both with two separate casts. ♪ [ singing ] >>reporter: aaron blake and soprano play the same role, the king's song. ♪ >> i have a strong belief that emotions and passion aren't connected to one sex or another. >> we are going about the stage, we show that process as well >>reporter: the production costs 3 million and opera san jose couldn't have done it with david packer who hired archaeologist to help. ear rins to temple facades. everything went to the panel for authtensity and if they say it didn't pass muster and had to be redesigned. >> this is abc 7 news. >> looks like fun. we'll go to weather and talk more about irene but first the local forecast. >> we have interesting weather here. nothing as exciting as irene but a down turn in temperatures. they will bounce back tomorrow. live view of the camera looking forward the coast. you can see the mareinn layer is there. inland areas are sunny at the moment and have been throughout the day. it shows low clouds pressed up by the coastline and drop temperatures down with a sea breeze. four-eight degrees cooler than yesterday. generally. that is not going to last long. we have temperature readingings of -readings of 90 in fairfield. livermore and concord, 69 in oakland and 69 in san francisco. fog returns to the coast and temperatures will rise tomorrow and a warming pattern will continue in the weekend. water vapor shows couple of low pressure systems and generating the marine layer that will not last long. warmer air mass will spread west ward and a ridge of high pressure will warm us up significantly. overnight, temps will drop in the mid-to upper 50s for the most part and down to 60 in antioch. 82 in san jose. and up on the peninsula, mid-to upper 70s and redwood city and palo alto. downtown san francisco 65 degrees tomorrow. north bay highs mainly in the upper 70s to mid-80s. we'll find 90s in clear lake. and east bay highs in the mid-to upper 70s. 77 union city. hice in the upper 80s to low 90s. monterey bay highs for mainly in the low 70s by the bay and 80s inland. here is the 7-day forecast. it is going to heat over the weekend. low 80s in the bay. and mid-to upper 60s on the coast. may be warm on monday and temperatures will drop off next week and we'll be below average again for this time this year. >> tracking irene and it is powerful and have unusual characteristics. it looks leak it - like it remain a hurricane. generallyy when hurricanes move in the northern ocean waters, the waters are cooler up north. hurricanes weaken to maintain intensity. ocean temperatures are warmer on average. and hurricanes generally move inland and farther south. and this doesn't show signs of moving inland. it is skirting the coastline and moves over water and land mass and structure and intensity. it could threaten new york. is it start of a trend or anomaly. there are some people who say it is a start of a trend and that is debatable at the moment. it is an unusual event. we'll get you back later on. and in the meantime, we'll shift gears dramatically. one famous couple managed to elope. >> and on the red carpet that and another actress that is transformed in a fighter. and top story columbia, we caught up to find out how the diva got fit to fight. >> i met a lot of women who are in the military and fighters and trained fighters and they could be of any size and i would be nervous if i were anybody to mess with them. that gave me the certainty of the size. i can pull it off if i commit to it. and i did. >> it is september second. and brook burke and david secretly tied the knot. they told no one not even their own moms. they have been together five years and have two children. in addition to brook, two daughters fromm a previous marriage. change up for jason bateman and his wife who expect baby number two. they have a four year old daughter francesa. i am chris from los angeles. >> still ahead, see what 17 times the speed of sound looks like. >> evidence of qaddafi's obsession of former secretary of state condoleezza rice. what was found in his compound. >> a new study giving vaccines an all-clear for autism. >> the falcon hyper sonic test vehicle collected valuable data. this is the falcon launched two weeks ago from the air force base. it was traveling at 13,000 miles per hour. the crash was blamed on aerodynamic problems. it is base to fly to any city in the world. >> a new planet made of diamonds. it is direction of the milky water. it is the most dense planet found and five types bigger than earth. scientist say it is a mystery what the diamond world would look like up close. >> i would like to find out. send me to the diamond planet. >> ahead, steve legacy at apple. you will not see much of a difference even though the company's master mind is stepping aside. >> inside of qaddafi's compound. rebels made a strange discovery. >> and a look at the cool down. it will warm up tomorrow. we'll have the accu-weather forecast coming up.ososososososs >> the departing now look for something else. >> an apple growing speculation of what is next for apple's brightest now that steve jobs has stepped aside. we have more. >> david apple watches are waiting to see if they will undergo changes or face new leadership. >>reporter: there will be challenges ahead. but first look at the report. there is no question that apple's success is tied to their people and that could be their secret sauce. the nagging question is if there is a exodus with steve jobs being around. >> we like to be around the greatness. they recognize this experience would not be repeated in their lifetime and they wanted to get the most of it. with steve departing it is time to look for something else. >>reporter: members of the team of the ipad and iphone might be candidates to be recruited. but for the consumers there is no difference without jobs. next generation of iphone is close to release and components are ordered for the iphone 3. we spoke to the analyst via skype. >> job's legacy is not the product to bring it market but the management team he put in place will continue his vision of the company going forward. >>reporter: jobs' resignation generated a wave of accolaids. jobs also focused on the future. jobs was committed to developing leadership in the apple's rank through apple university. because of that and the way jobs' managed. it is not much time of wondering what steve would do before making critical decision. >> it is important they have his value on product design and excellence and doing things to make it easy for the customer to use and so the what would steve do is embedded. >>reporter: some apples have been with the company for decade and many of them may find it difficult to leave. the stock price is fairly high and with the company's future promising. we are in san jose. david lowy abc 7 news. >> hasn't one high level executive left. >>reporter: the vice-president in charge of the apple stores decided to strike it out and go to jc penny. that is a critical position yet to be filled and shows you even though apple is a great company in the minds of many, if there are greener pastures, some executives may jump. >> how critical will it be for tim cook to if i understand a second in command and not just hire a yes, man underneath him? >>reporter: that's an important point. a lot of companies like apple and microsoft top two executives as a team and what weaknesses one has the other compliments that person. they will have to have one more savvy with marketing and public speaking and there will be one top dog and that will be tim cook. >> thank you, david. >> governor brown's facebook and twitter over a pesticide linked to cancer. it was approved for use by state officials who say the pesticide can be used under strikeout guideline. activist staged mock fumigations and deliveredingy i signatures calling for a ban. abc called governor brown for his reaction and we have not yet heard back. >> a bill that bans the sale of shark fins cleared the hurdle. it would stop shark fin sales by the end of next year. some lawmakers say the bill unfairly targets asian cultures that use the fins for soup. the bill will move to the senate for a full vote. >> turning to libya now where rebels are intense foying - intensifying search for qaddafi. here's abc's john hendron. >>reporter: if qaddafi escapes the compound he left certainly through here. the tunnels linking debris filled rooms and communication centers and the outside world. >> no body can come in here. now we can do everything. >> routers report that intense battles continue with the rebels surrounding 10 buildings filled with qaddafi loyalist possibly qaddafi himself. leaders ransacking the compound found a photoalbum with an obsession of former secretary of state condoleezza rice. >> it is creepy. >> and perhaps qaddafi did escape. here he is in the latestt television appearance saying libya is yours and calling the rebels foreigners and traitors. at the hotel, the journalist had freedom after being held by qaddafi loyalist. >> they believed they were protecting us from the rebels if we go outside they will kill us and rape the women. that's what they thought they would let us out when it was in the hands of qaddafi. >> it appears that day will not come. the state department believes the nuclear and chemical materials are secure. but the portable anti-aircraft weapons being end up on the black market. >> a florida couple claims that casey anthony is the reason they are going to prison. >> later, hurricane irene bringing rain and a business boom to the east coast. >> look at the golden gate bridge. not everybody has the lights on. you can imagine what it is like in the middle of the bridge, spencer? >> cheryl, travel weather and air travel i should say is moving well. 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