Transcripts For KNTV NBC Bay Area News At 11AM 20160902

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jail on "today in the bay," and we waited to hear if he would say anything about his conviction, his sentence, his victims, perhaps his future. nbc bay area's bob redell is still at the jail this morning. bob, brock turner said nothing. >> reporter: not a word, sam or kris, but as you can see behind me, a lot of other people have something to say. these people are organizing a protest against brock turner, and judge aaron persky who handed what many believe was a lenient sentence. this morning just after 6:00, tupperer was released from the main jail after serving half of his six-month sentence for the sexual assault of an unconscious woman on the stanford campus where turner was once a student and star swimmer. he was let out after three months because of good behavior. he exited the doors all other inmates use when they're released. sheriff laurie smith herself is against his short sentence, made a point of telling us that he would receive no preferential treatment this morning. turner ignored questions from the large gathering of media. he hopped into the backseat of a waiting suv and sped off. surprisingly, this morning, there were very few protesters there to greet him. we heard one man yell out, calling him a loser. another woman who was a rape survivor herself showed up, saying she wanted to be able to see him with her own eyes. >> this is just an issue that's really near and dear to my heart, ending rape culture, and i think it's despicable what this judge did, and him getting out so early, so we came down to look him in the eye. >> i think it brings to the attention of anybody, that we need to change the law. someone who's unconscious and intoxicated, you go to state prison and that bill is on the governor's desk right now and we're urging the governor to sign it. i think it's a great law for california. >> reporter: as i mentioned, turner's car sped off once he walked down the jail's steps. our chopper followed his white suv as it drove around the south bay, making quick turns here and there, before finally dropping him off at a hotel, we believe, in mountain view. we believe he will soon be traveling back to his home state of ohio. this morning's protest, the one that's going on behind me right now, was organized by the same group running the petition drive to have judge aaron persky recalled from the bench. you might read the signs that read, #20minutes. that's in reference to the letter brock turner's father sent to the court, referring to the sexual assault as only 20 minutes of action. several people spoke this morning, including lawmakers and survivors of rape. >> brock turner, who took zero responsibility for raping an unconscious woman behind a dumpster, even after being caught in the act and convicted of three felonies. brock maintained that what we like to call rape was, quote, an innocent mistake and blaming it on alcohol and promiscuity, and judge persky decided to take his word for it. i hope judge persky knows he is as much part of the problem as brock turner is. >> reporter: on a separate note, sheriff laurie smith of santa clara county this morning, sent out a letter, urging governor brown to sign ab-2888. that's a bill that has passed the senate assembly, and is now on his desk. and if this law passes, it would require that anyone who's convicted of the sexual assault of an unconscious person requires that they serve a mandatory prison sentence, something brock turner did not receive. reporting live here, bob redell, nbc news. >> nbc news obtained these photos of the night brock turner was arrested. the images from january of last year show him disheveled, apparently bruised, and with a torn shirt. these photos were used as evidence in this has trial in march. also, an interrogation video that was seen by nbc news shows a detective asking turner if he would recognize the woman if he saw her again. "uh, probably not," is what the then-19-year-old responded, according to nbc news. he also told the detective that he did not set out to sexually assault anyone that night. >> kris, brock turner's jail sentence ended today, clearly, but his punishment is not over. so what's next? after serving three months in county jail, he'll now be on probation. that period of probation will last for three years. now, turner is also required, as bob mentioned, to register as a sex offender, and that will last for the rest of his life. as for stanford university, the university banned turner from ever stepping foot again on campus. that is the harshest sanction a university can impose on a student. there are also legislative changes in the works, as well, a bill on governor brown's desk right now that would close the loophole that would allow brock turner to avoid prison. because if he had committed the same crime and the victim were awake, turner would have gone to pris prison. we'll continue to follow that side of the story and you can look for updates towards the next steps to a new law on our nbc bay area app. kris? switching gears now, the holiday weekend is now upon, and the question, as always, is it going to be perfect for a barbecue? here's a live look at golden gate bridge, which will see extra traffic on this labor day holiday. and now here's meteorologist, rob mayeda. >> guilt-free barbecues, because we will not have spare the air days this weekend. air quality good thanks to a healthy sea breeze. 64 in san francisco. san jose currently looking at hazy skies, 71 degrees. on our way to highs today probably in the low 80s. but today the warmest day you'll see in the next three to four. up to lake tahoe, looks pretty good there. highs near 70 degrees. monterrey, upper 60s with drizzle. a significant issue, i think, if you're going to be out towards the coast. check this out. a trough of tlow pressure deepes and strengthens midway through labor day weekend, that means our temperatures will be cooling to the point where it could surprise you when it comes to our valley temperatures this holiday weekend. a full look at that coming up in a few minutes. >> rob, thank you very much. and a developing story, a lot more than just drizzle on the other side of the country. hermine tore across northern florida on friday as the fist hurricane to hit that state in more than a decade. and it killed one person. as you see here, parts of tampa absorbed almost 2 feet of rainwater, turning the streets there into what looks like rivers. hermine then weakened into a tropical storm, but it's now taking aim at the eastern seaboard. flooding is now a major concern for people living in places like savannah, georgia, and charleston, south carolina. we'll have a live report on the damage and where hermine is specifically headed next in about ten minutes. just announced a few hours ago, the debate moderator for this year's presidential debate and nbc's own lester holt -- we should say, the bay area's own lester holt, too -- will be asking the question for that debate. it will be holt's first time moderating a presidential debate. it may be the best remaining opportunity for both candidates to re-shape the 2016 race. for donald trump who is trailing in the polls to game ground against hillary clinton. hear here is the schedule. the first debate is monday, september 26th at hofstra university in new york. the second debate will be sunday, october 9th at washington university in st. louis. cnn's anderson cooper and abc's martha raddatz will moderate that town hall. the third and final debate will be on wednesday, october 19th, at the university of nevada in las vegas. fox news' chris wallace will ask the questions there. >> a lot of people can't wait to get started with the campaign or debate season there. 11:08 right now. patriotism, policing, and protests. all are themes of an ongoing discussion about colin kaeperni kaepernick, who kneeled instead of standing or sitting at yesterday's pre-season game. the difference last night is that more players joined him. pete joins us live at levi stadium with the latest on all of the talk surrounding the 49ers' quarterback and another player joined kaepernick in silent protest. >> reporter: good morning, sam. another 49ers' player did join colin kaepernick last night in san diego, it was eric reid. let me show you that video of colin kaepernick taking a knee during that national anthem. now, eric reid was right there to the right of hill, taking a knee to him during the national anthem. you couldn't make it out while it was happening, but kaepernick said it was amazing of reid by his side, and reid expressed his support of him moving forward. and in oakland, off seattle seahawks quarterback jeremy layne sitting down on the bench during the national anthem as they took on the raiders. kaepernick's decision to sit down is to protest what he calls oppression of people of color in this country, specifically when it comes to police brutality. he said his protests never meant to disrespect the men and weapon of our military and he has the out moats respect for them. now he literally plans to put his money where his mouth is. >> i systam planning to take it step further. i'm currently working with organizations to be involved and making sure that ooum actively in these communities, as well as donating the first million dollars i make this year to different organizations, to help these communities. and help these people. >> reporter: a big-time contribution by kaepernick. and you're taking a look at levi stadium, that would be the next opportunity for kaepernick to sit or kneel during the national anthem. that will be during the season opener on monday night on september 12th. the players are off until tuesday. that's what i'm being told by 49ers pr and there's no media availability today. live in santa clara, pete svatos, nbc by area news. also happening today, the long-awaited murder trial of antonin garcia torres could be delayed once again. he's the man accused of killing morgan hill teenager, sierra lamar. a judge will hear a motion today at 1:30. prosecutors say torres killed sierra lamar in 2012. defense lawyers are asking for more type to prepare his defense. the district attorney says dna evidence linked torres to the murder, but sierra lamar's body has never been found. up next at 11:00, big problems for samsung. the company is recalling millions of its latest phone. the defect that could be dabl dangerous to owners. and in the midst of an ongoing housing crisis, a sizable development project in the south bay is canned. the reason a town council said no to more condos. ad-lib numbers =sam/2 shot= well, it is jobs friday. and a lot of people jumping for joy. not just because it's the end of the week, but there was a good jobs number out. 150,000 jobs out of this month. it means the markets are largely up. the dow has risen about 47 points so far today. the nasdaq, up 10. and the s&p up 5 1/2. >> see, we were in green and the arrows grow up. wall street is mulling over the latest jobs report. the most important economic data that there is. >> scott mcgrew has those numbers. >> good morning. 151,000 jobs were added to the american economy in the month of august. categories that did well, computer, i.t., as well as service jobs, restaurants, that kind of thing. construction and manufacturing jobs sank. here are the numbers. unemployment rate sticks at 4.9%. 151,000 jobs. that's a medium good number. certainly not as strong as it's been in the past couple of months, but historically, august has not been a strong month, no matter what the state of the economy. now, the number is what we expected. the question is, what will the fed think? is that number weak enough to stave off a rate hike later this month? samsung is going to recall its galaxy note 7 worldwide, after reports the battery can catch fire. this is a disaster for samsung and its new phone, because we're just days away from the unveiling of the iphone 7, from apple. samsung says it will give us details about the recall in two weeks. now, considering there have been five unconfirmed fires out of the hundreds of thousands of phones, i feel pretty good you can keep using yours, but, obviously, kris and sam, that's going to be a personal decision. we should know more in about two weeks. >> and we'll hear more about that story a little bit later. scott budman's covering that for our evening newscast. now, there will be no development on the 44 pristine acres between highway 17 and los gatos boulevard in los gatos. late last night, the town council voted to reject that controversial north 40 project. the plan called for tearing out an orchard and instead building 320 homes and 660,000 square feet of retail space. locals were worried about the big box economy, but some owners near that north 40 project did support the development, because they said it would increase foot traffic, but never mind, not going to happen. seismic activity, kris. the next big earthquake could rattle the bay area in just a few years. or it could come in a couple of months, or maybe in the next few moments. scientists believe the pressure has been building beneath the bay area, so will our briblgs withstand that kind of jolt? tonight at 11:00, the investigative unit investigates the safety of our bridges. are they strong enough to protect you during the next major earthquake? the california department of transportation says they're safe, they also admit there's some work to be done. we dig deeper into why certain upgrades are still needed. >> the longer we go without a large earthquake, just in the bigger picture, the closer we're going to be to something large happen. >> as we look at this issue, when the next big one does strike, how safe will you be during your commute? that is the question. you can watch our full investigation tonight at 11:00. if you have a question, call our tip line or send an e-mail to nbcbayarea.com. tropical storm hermine may be weaker, but winds are increasing along the southeast coast, as the former category 1 storm heads east. flooding rains, tornado warnings in effect from georgia through north carolina. >> with joigeorgia, the next st nbc's jay gray live with the very latest. jay? >> hey, there, s&p, kris. the winds still gusting here. the rains let up a bit, spinning at times. we'll show you how strong the gusts have been. 40 to 45 miles an hour. took down this tree right here, an example of some of the problems this region is facing right now. hurricane hermine slammed into the florida panhandle overnight, bringing with it powerful winds, 80-mile-an-hour and gusts even stronger. >> we're going to lose a power line here. >> the first storm to make landfall in florida in 11 years definitely leaving a park. >> just because it's clear outside, does not mean it's safe. >> reporter: snapping trees, crushing cars and homes and knocking power out to tens of thousands. water pounding the coastline and surging inland, leaving behind devastation. crews in cedar key are assessing the dang this morning. cinder block walls and this dock couldn't withstand the thrashing. hermine has dropped to tropical storm status and is heading up the east coast. parts of georgia and the carolinas under a state of emergency. >> we do expect tropical storm force winds between 30 and 40 miles per hour sustained. >> preparations are underway in hopes of preventi ining damage. >> our goal is to be overprepared and underwhelmed when it comes to this storm. >> and officials are warning beachgoers that dangerous rip currents are expected throughout the weekend. but surfers taking advantage of the changing conditions ahead of the storm. and those conditions changing here, as well. again, strong winds right now, and that's what was expected on the backside of this storm as it moved through this area. it's now pushing into the criminals. it will continue to move, as we talked about, up the east coast. hermine going to cause some serious problems for millions over this long holiday weekend. that's the latest live right now in savannah, georgia. now back to you, sam, kris. >> jay, with thank you for the report and definitely try to stay safe. >> we change the names from hurricanes, downgraded to tropical storms, but rob, sometimes that doesn't remove the danger for people. >> we're looking at sustained winds, 50 to 60 miles an hour. eventually, that storm will head back out over the ocean. this is a long-term problem, not just for florida or parts of georgia and the carolinas, but as you're about to see, between now and sunday, hermine is going to be affecting an area from florida, all the way up to the coast there of long island and new jersey. notice the path here, still kind of parallel, the outer banks of next here, 50-mile-per-hour sustained wind. sunday, 60-mile-per-hour sustained winds again and not really going anywhere. coastal flooding and heavy runoff flooding are a possibility straight on through the holiday weekend from new york all the way down to savannah, georgia. this is a long-term story, unfortunately for the folks on the east coast, another storm to watch. hurricane lester, better news with this storm. it will track, we think, well off to the north of hawaii. so large surf, we think, and some gusty winds at times, the most we'll see from lester, as it moves towards hawaii for labor day weekend. now, compare those two coasts or what's happening in hawaii. things are obviously a lot nicer here in the bay area. 60s and 70s outside right now. palo alto, 72 degrees and we've got college football taking place at stanford stadium. kansas state in town. kickoff in the upper 60s. later on, you'll begin to see low clouds spilling back in, which will hint at the cooldown taking place midway through labor day weekend. the marine layer will thicken up and our temperatures will be running much cooler, especially across the valleys for saturday and sunday. so today, still some 80s south of san jose. close to 70 in a few spots around san francisco. into the north bay and tri-valley, highs in the mid-80s today, but trending cooler, as we head through the holiday weekend, for lake tahoe, you'll see temperatures close to 0. price nice, if you head to the sierra, but look at the drizzle around monterrey, as the marine layer thickens up, we'll see temperatures cooling as much as 5 to 10 degrees below average. this is good news for air quality, but if you have any outdoor plans this weekend, it will be blustery at times. and it's the reason why the seven-day forecast shows temperatures actually dropping a little bit for saturday into sunday. san francisco, that means sop drizzle at times for the next couple of mornings. across the valleys, instead of seeing highs usually in the upper 80s, we're talking upper 70s to low 80s on sunday. so if you look on the right side of the screen, wednesday into thursday, temperatures begin to climb again. we'll talk more about how hot those temperatures could get midway through next week and our next half hour. back to you. all right, coming up next, the south bay teacher who says he is the target of revenge and he says he knows who's targeting him. the reason police tell him they can't respond. but first, happening right now on our twitter feed, we posted video of the san francisco attorney finally meeting the sea captain who saved her and her family as they tried to escape by vote from the vietnam war. she says she's been searching for him for years, just to say thank you. also on our home page, we've compiled a full list of all of the fun events happening this labor day weekend across the bay area. check that out. we'll have more news for you, right after the break. proof of a crime, but police are too understaffed to well, a south bay man says he has proof of a crime, but that police are too understaffed to do anything about it. >> we're talking about a high school teacher who says he has video, he has proof of one of his students shattering his car windshield with a rock in front of his home. nbc bay area's damien trujillo is in the south san jose neighborhood with a story you'll only see on nbc bay area. >> this is surveillance video from chad kimmer's home. he says this is the second time someone has thrown a rock at his windshield. he believes the culprit is one of his former students at willow glenn high school, where he is a teacher. >> you're 100% sure this is one of your former students? >> yes. >> kimmer showed us the rocks the suspect used in the va vandalism. he says the suspected vandal lives a block away. the teacher says he guay all the information and video evidence to police, because given a case number, but was then told, there are no detectives to investigate. >> we live in the middle of silicon valley and you wish that there were enough officers to come and help out and you know, take care. i understand there's worse crimes happening in the city. >> san jose police tell me the case has been assigned to a detective, who will investigate. the police department has been mired in a staffing crisis for several years now. on tuesday, the chief declared a state of emergency to put them in patrol cars to help answer 911 calls. that means have been fewer detectives will be available to help victims like himmer. >> i have a 3-year-old and it's scary that it's happened twice and now and our fear is going to bed is, you know, could he come back, or could he and him buddies come back any night. >> that was damien trujillo reporting. 47 detectives are going to leave their investigation desks a week from sunday and hit the streets. san francisco's superior court judge blocked a city ordinance that blocks school employees from convictions during the jeer. this was an ordinance that was unanimously aproved by the board of supervisors back in may, but yesterday a judge ruled it is in conflict with state law, because it prevents property owners from making major rehabilitations or moving into their properties between september and june. the legislation was introduced in response to the housing crisis, which is creating a shortage of teachers who say they have nowhere to live in the city. another issue now relating to homes. coming up next, a problem that's putting off many people in san mateo. the folks there say the city is about to ruin their neighborhood. plus, a space-x rocket explodes into a huge fireball, just days before the launch. it is a huge setback for the company. we'll take a look at whether space-x can recover. a major setback for spacex after a rocket exploded on the well, a major setback for space-x, after a rocket exploded on the launch pad thursday at cape canaveral. this is the commercial space company nasa has turned to for cargo and future manned missions. this particular rocket was also on a mission for facebook. nbc's tom costello reports. >> reporter: a jaw-dropping sight, a space-x rocket exploding on the launch pad thursday. the massive fireball swallowing it hole in a matter of seconds. a series of explosions and massive plumes of thick, billowing smoke. >> oh, my god. >> reporter: the blast could be heard and felt for miles. even caught on whether radio. emergency on police radio. >> there's a rocket segment that blew up. there's a pretty noxious smoke plume heading towards the beach. >> temporarily closing down the beach. >> reporter: amazingly, no one was injured during this rue tone test gone bad, but the rocket was destroyed along with a special satellite. its mission, to help facebook bring the internet to parts of africa. ceo mark zuckerberg saying he is deeply disappointed, but will keep working until everyone has the opportunities this satellite would have provided. the actual launch was scheduled for saturday morning. space-x ceo, billionaire, elon musk, says the cause still unknown, as space-x investigates what went wrong. >> that was tom costello reporting. now, nobody was injured, but the blast did cause major damage to the space-x launch pad at cape canaveral. that could seriously impact the upcoming satellite launch schedule. it's also a concern, because it's the same kind of rocket that's going to be used on future manned missions. so figuring out what went wrong, still a very high priority. a clerical error led to the accidental release of a potentially dangerous criminal. victor rodriguez was released from san francisco jail, even though he had several months left on his sentence. rodriguez was booked back in november on suspicion of robber, battery, and resisting arrest and then while he was in jail, he reportedly threatened to shoot law enforcement with an ak-47 if he was ever pulled over. a spokesperson for the sheriff's office says that the mistake happened when a court clerk incorrectly wrote down the judge's orders. he is still at large. the woman at the center of a police abuse scandal involving dozens of police officers from around the bay area is in florida, in jail. the 19-year-old from richmond, who called herself celeste watts, is now facing a vated battery charges. the police report says that she had a violent episode at a voluntary rehab facility, which began when she ran outside and exposed herself to people on the street, then threatened staff and bit a security officer on the arm. once under arrest, police say that she repeatedly banged her head against the patrol car window and also propositioned officers. experts say she needs help. >> that kind of sexual acting out behavior isn't just -- doesn't just occur one day, right? there's got to be some underlying thing. >> reporter: more than a dozen police officers here in the bay area are under investigation for having sex with the richmond woman. watts says some of those encounters happened when she was a minor. new details right now. the applications are pouring in from people, hoping to become san francisco's new chief of police. the police commission says it's received about 60 applications, 11 of them from current members of the city's force. san francisco is on the first leg of its search for a new leader. former chief, gregg sur, resigned back in may. tony chaplain announced he would be interested in keeping the job. more of san francisco's officers are now carrying the latest k l crime-fighting devices, body-worn cameras. the department has been pressured to rmp following several officer-involved shootings. while englewood got their cameras yesterday, the baywood station has been using that equipment for weeks now. >> i would say, overall, it's had a pods impact on my encounters with people who would otherwise be hostile. so they're aware, oh, well, you know, he's recording now. i better be on better behavior. >> the department is on track to have all of its officers, up to the rank of lieutenant, wearing the cameras by mid-january. there is a reward and it's now doubled for help catching the person who shot and killed at least three sea otters along the santa cruz coastline. the otters washed ashore in separate locations. state wildlife investigators say the shooting puts this threatened species at risk. killing a sea otter is a crime punishable by both fines and jail time. first the monterey bay aquarium and the center for biological diversity have each offered a $10,000 reward. a proposed 5 million gallon sewage tank. hundreds of community members have signed a petition to block it from going into their community, but the city says the $9 hurrica $900 million program will keep the streets safer and cleaner and the bay as well. here's nbc bay area's, lily tang. >> inside the bay meadows community, there's shock and disgust over a possible new neighbor. >> oh, my god. we're talking about a sewage storage tank. >> reporter: the city of san mateo is looking the to build a sewage storage base near sierra linda's new hometown. she fears the fumes will make her sick the again. she used to live downwind from a dump. >> nausea, vomiting, fatigue, brain fog, inability to even function. >> reporter: bay meadows park is one of five locations the city is looking at. and some parents are worried their kids won't be able to play here anymore. but the city says they still can. because the sewage tank thereby buried several feet beneath the surface. >> the tank would be empty. it would be cleaned after each use. >> reporter: the upgrades are part of a state mandate. clean water program manager, kathy zani ty says they'll have odor filters and only be used during rainstorms to stop spillage from spreading into the street. >> if you see a manhole bubbling, that may be sewage coming out. and that, again, is a big health problem. >> reporter: still, some first-time homeowners think a sewage tank will also tank their home values. >> it was alarming and shocking not to have really been reached out to. >> reporter: no way. the other sentiment is that a lot of our neighbors now, given this news, are considering selling. >> reporter: in san mateo, lily tang, nbc 10 bay area news. right now, decision 2016, immigration inconsistency. donald trump appears to be backing off a key part of his recent immigration speech. >> they're killers and drug dealers and all of them, they're gone. then we're going to make the determination as to what we're going to do. >> while some say trump is flip-flopping again, now leaving the option open as to what he plans to do about millions of undocumented immigrants. in the meantime, vice president joe biden is addressing hillary clinton's ties to her family's foundation. >> i think that the clinton foundation, like all foundations, have found themselves in a position where things are changing and i think she's been a change. >> reporter: a review of clinton's schedule as secretary of state found that dozens of meetings with foundation donors occurred and a track of donors trying to gain access to the formerly secretary of state. the state department says it will release all of clinton's public schedule by october the 17th. coming up, a mother trusted jetblue putting her 5-year-old son on a flight by himself, which was okay by their policy. but when she picked him up, there was a different little boy at the gate, 5 years old. the flight mix-up that has jetblue apologizing and trying to figure out how that happened. and right now looking at sunny skies in san jose. 71 degrees. 82 later on today. but the real story is just how cool it will get as we head through the labor day weekend. plus, drizzle in the forecast too. a look at that, coming up. at at&t, we believe in access. the opportunity for everyone to explore a digital world. connecting with the things that matter most. and because nothing keeps us more connected than the internet, we've created access from at&t. california households with at least one resident who receives snap or ssi benefits may qualify for home internet at a discounted rate of $10 a month. no commitment, deposit, or installation fee. visit att.com/accessnow to learn more. friday morning! live pictures of the golden gate bridge -- the holiday weekend is so close we can taste it. looking live at the golden gate bridge this morning, as we approach labor day weekend. it usually means there's going to be a lot of people heading to the iconic landmark with some guests, probably, trying to act like tourists. so to cut down on traffic, brick officials say they're going to close vista point parking lot on the north end of the bridge and the welcome center parking lot, as well. both will close at 11:00 in the morning, through the weekend, then reopen again at 5:00 in the evening. and that will be the case today, tomorrow, and monday, so it's been closed for about 45 minutes. >> all right. keeping that in mind, trying to cut down on bicycle accidents, a major reconstruction of streets in san francisco is bound to make some bicyclists very happy. here's what crews are up to. they're creating the city's very first protected lanes for bicycles. the idea is to make an island for cyclists, separating from cars by cement planters. you see them right there. this is happening along ninth and division streets in soma. city officials say that 13 miles of protected bike lanes are in the works. >> i like that idea, especially when you bike with kids, like to have that buffer. >> a physical divide. so many parents, kind of scratching their heads over this next story. there were calls for the federal government to investigate a mother's worst nightmare. why an airline allowed two young boys, five years old, to get on the wrong flights last month. >> unrelated. the boys are with their families now, but today one mother described her moments of sheer panic as she watches a little boy come down the jetway and it's not her son. nbc's anne thompson has the story. >> reporter: 5-year-old andy martinez waves good-bye for what should have been an uneventful 3 hour, 50-minute jetblue flight from the dominican republic to new york's kennedy airport. flying alone for the first time, his mom, maribel, paid the airline an extra $100 to have an employee get andy on and off the flight. but when maribel went to pick up andy on august 17th, through a translator, she says, he wasn't there. >> translator: i was given another boy. and they asked me, it was the first time, is this your son? and i said, this is not my son. >> reporter: that child had her son's passport. andy landed in boston, the other boy mistakenly sent to jfk. jetblue put andy on the next flight to new york, and after what she says were three terrifying hours, maribel had her son back. >> translator: i then had him in my hand, thank god. >> reporter: but when asked if it was the two boys who switched passports that caused the confusion, the mother's lawyer jumped in. >> we're not going to talk about that. >> jetblue apologized, refunded the flights, and offered the families credit on future flights. as for andy, he's back in the dominican republic with his dad, but flying another airline. anne thompson, nbc news, new york. >> i thought he was a little young to fly by himself, but i did look up the jetblue policy, and they can travel alone as young as 5 years old. >> that's up for the parents to decide if that's a good idea. a very good idea, always, to celebrate a nice holiday weekend. rob mayeda joining us right now. clear as a bell outside of san francisco. >> probably one of the warmer days we'll see, though. over the next three, we usually call this the unofficial end of summer, weather wise, i think we'll be living up to that expectation. 64 degrees, san francisco. we have high clouds. more high clouds than low clouds for the moment. san jose, hazy sunshine, 71 degrees. should see temperatures approaching 80 a little bit later on. and out towards the tri-valley, more hazy sunshine. currently, 74 degrees, dublin out towards livermore. and a view into palo alto, also with some hazy skies. 72 degrees, highs in the mid-70s. and as we see just a big labor day weekend, but a big college football labor day weekend, too. getting to an early start out at stanford stadium, kansas state in town. temperatures around kickoff should be in the mid-60s, but it should be cooler than that. you can see the clouds starting to come on in. low clouds pushed in by a strong sea breeze, heading into the evening. so we've got wind speeds about 15 to 20 miles per hour. not just keeping our temperatures down, but also great news for air quality, as we head through the holiday weekend. in problems with spare the air days. as you can see here, good from north to south, and the smoke staying out of the area, too. the high-resolution model, which is looking at where that wildfire smoke is on the central coast and sierra. you can notice here the north-northwest winds aloft, and the tropical low pressure helping vertical mixing of the atmosphere. that, too, is helping with our air quality around the bay area, but it's really going to brick up the sea breeze heading into tonight. you can see how the low clouds come back in, heading towards tomorrow morning on the peninsula hilltops here. good chance of finding some misty skies and drizzle at times and high temperatures running below average, as we head into saturday and sunday. today, looking at 80, south of san jose. upper 60s near san francisco. 70s around the peninsula. and low 80s into the north bay and tri-valley, seeing highs today in the mid-80s. we're going to head towards the sierra, looks pretty nice. furs temperatures close to 70 there through the weekend. and monterrey, you're dealing with drizzle down around monterey bay. here's the pattern we're seeing between now and monday. a trough of low pressure to our north, but watch what happens now, as we transition into wednesday and thursday. high pressure making a comeback, which means, yes, some mid-90s could be in store by the time we head towards the middle part of next week. but in the meantime, labor day weekend looks fairly cool, if not chilly for the coast in san francisco. highs in the low 60s through sunday. a little bit warmer towards wednesday. the valleys will see temperatures below average, all the way through monday. and if you want real summer weather for the tri-valley, i think wednesday and thursday will be the days for you. could see some mid-90s in the forecast, by the middle part of next week, but labor day weekend, nice and comfortable around the bay area. back to you. >> i'm very happy about that. >> delightful. thank you very much, rob. up next, rescued at sea, trying to escape vietnam after the war. now, decades later, the incredible story of a woman setting out to find her saviors that will make you feel bay area proud. (scal): good day, m'lady! i am sir-can-a-lot, here to save you from another breakfast bore. wake up those eggs with glorious spam! see what spam can! do... at spam.com tragic end. it is a scene we have seen often over the past year out of the overloaded boats filled with refugees often meeting a tragic end. it is a scene we have seen often over the past year out of the mediterranean. >> but for one san francisco woman, it's not just something in the news, it's reminiscent of her past, and she wants everyone to know about the heros involved. garvin thomas is here with her story. >> reporter: during the vietnam war, lauren boone's father fought on the side of the south, alongside u.s. troops. which meant after the war, life was not good for the family. they decided, like hundreds of thousands of others, to escape when lauren was just 7 years old. it start adjourn that, in more ways than one, lauren is still on. >> just as the things that we are hearing on the news today is an international crisis. >> reporter: there have probably been guest lectures on world history that have failed to captivate students' attention. >> and you can imagine, as a child -- >> but not on this day. >> seeing someone bleed out to death is quite an impression. >> reporter: not with lauren booth speaking. >> and it was the most terrifying thing that has ever happened to me, until i got on the boat to escape vietnam. >> reporter: lauren, a san francisco attorney, was there to share the story of her family's experience following the vietnam war. her parents, wealthy land owners in the south, faced terrible persecution under communist rule. so lauren's family, crowded with dozens of others, on to a small boat and slipped out to sea. >> we -- it was almost like a suicidal mission. >> reporter: ten days, they were at sea, suffering storm after storm, low on fuel, feud, and water. and no one stopping to help. >> it's recorded in news, that 120 ships passed by that route, that time frame, and not one of them stopped. >> reporter: but then, early in the morning of november 28th, 1980, one did. >> and that tiny little peach dot is me. >> reporter: she and her family, given the opportunity for a fresh start in the united states. though never learning the name of the captain who made it possible by ordering the rescue. >> but for one man who said, stop, you know, save them. and how could i go on and join all the benefits of my life. children, this house, my career, and not, not acknowledge where it all began. >> reporter: it sparked in lauren a quest to find that nan, one which has spread over decades. until one day, a name and a number landed in her inbox. so she called. oh, look at you! the call led to an emotional reunion and in lauren, a realization that stories of this captain and his crew's compassion, along with others who did the same, needed to be shared. lauren has been recording her journey and hopes one day to create a documentary. not so much about her, but the ones she called the real heros. in lauren's research, she's found many more than just that one captain who saved her family. in fact, she's found stories of thousands of others being saved, which is another reason she wants to continue and do a documentary to tell the entire story. garvin thomas, nbc bay area news. >> that is amazing. she's, you know, obviously, composed and used to speaking in front of people, but it's just so personal that she lost her composure. >> deeply. and that she was able to convey that to high school students who wouldn't have the context to understand that, an incredible story. thank you, garvin. back right after this. its a "naked trump" custody battle. ==kris//vo== artist... joshua monroe was you might call it a naked trump custody battle. >> artist joshua monroe was hoping to get this, one of his infamous statues back from san francisco pd, but officers said no, because it is evidence in a felony vandalism case. investigators are trying to find whoever placed that naked trump statue in the castro. despite being taken away by police, monroe says he's still happy with the response from the bay area. >> the one here in san francisco, you know, we had a great response. i actually -- i scoured the internet and have seen great video. i believe there was footage of a dog attacking his private parts at one point. >> now, we should mention that the statue was taken away, not the artist. now, the statue could not go home with his creator, but this is a new version that he created. it's on display right now at a bar in union square, who wanted the original trump statue, but could not get it. >> not exactly the full picture of donald trump, but maybe it's best that way, that you get just the top. >> maybe. thanks so much for joining us. our next newscast is tonight at 5:00. have a great labor day holiday. stand by, everyone. we are live in five, four, three, two, one. ♪ ♪ >> no one swings a baseball bat better. welcome back to "access hollywood" live. i am next to one of the biggest fashion niece at thats of all time. >> i am thrilled to be here. i love that we have our own lemonade. ready to bow down to beyonce. >> joining us from new york, stacy london. >> ladies, we have

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