Transcripts For KNTV NBC Bay Area News At 6 20150903 : compa

Transcripts For KNTV NBC Bay Area News At 6 20150903



everyone is connecting to the gong girl movie, it was considered a hoax by vallejo police, but the home invasion case in dublin gave that kidnapping case credibility. matthew muller, seen here in this mugshot, is the suspect in the june 5th home invasion case in dublin. he's accused of breaking into a home, assaulting the homeowner and allegedly dropping his cell phone. that phone is key to the va leo kidnapping case. a detective making a connection to the kidnapping case through phone records. muller's attorney saying when you have evidence like this, a prosecutor has to be very exact. >> it's incumbent on law enforcement, if you're going to search something without a warrant, you have to make that search clean. it's got to be an exigent search, a search that if it's warrantless, it better be good in every other respect. so that's what we talked about today. >> reporter: no cameras were allowed inside the courtroom today. muller was wearing a red jumpsuit. he seemed very stoic today. he will be back in court in two weeks. that's when the judge will decide whether or not there's enough evidence to hold him over for trial in the home invasion case. now, the kidnapping case, mueller's attorney says he hasn't gotten any formal paperwork on that. reporting live in pleasantton, cheryl hurd, nbc bay area news. her family said justice is finally in motion. three years after the disappearance of sierra lamar, her suspected killer has a trial date. anthony torres was in court today, suited, clean shaven and slimmer since his arrest back in 2012. robert honda has been reporting extensively on this case and joy joins us in santa clara this evening. >> reporter: we came to talk to sierra lamar's family about today's stunning turn of events. the family and their supporters were relieved to hear the judge date set a trial date for next year. he pleaded innocent and stood quietly during today's proceedings. investigators say dna evidence links torres to the disappearance and murder of 15-year-old sierra lamar last seen heading to school on march 16th, 2012. her body has never been found. her parents told us today's move was long overdue. >> i was glad. i was happy. yeah, a little bit relieved. and i was shocked, too, that's probably the most overwhelming emotion was shock. because i had my expectations set pretty low. >> it helps speed the process of just seeing justice. that's what we want to see as a family. >> will you be attending any of the hearings? >> yes. >> reporter: after the trial date was set, the defense filed a motion to dismiss the indictment. >> we think that there's some serious problems with this case. there have been since the beginning. we might have a question about the appropriateness of the death penalty in this case. >> reporter: the defense is showing now some aggressiveness on their part to go after the prosecution case. they say we're ready for trial and we're ready for law and motion. clark emphasizes a lot can happen in court proceedings before april 25th. sierra lamar's parents say they just want justice and information about their daughter. live in santa clara, robert honda, nbc bay area news. >> a long journey for them, that's for sure. we're learning more about the confrontation with the police officers that ended in gunfire. b.a.r.t. police say the suspect actually shot himself in the stomach while reaching for his gun. we want to show you pictures to show the moments after that shot rang out. that was last night. b.a.r.t. police confronted cory powell about smoking a cigarette on the platform. he tried to jump to the sidewalk below. they tried pulling him back from the ledge. he reached for his waistband, and officers tased him and that's when he shot himself in the stomach. powell is from union city, and has an extensive criminal record. he went on a hike and never rushed. park rangers at yosemite found the body of a man who had been missing for about three weeks. 39-year-old james millette jr. was found dead yesterday above yosemite valley. he went for a hike on august 11th, but never returned to his car. no details yet on how exactly he died. the numbers are rising inside of the prison walls, the numbers of prisoners at san quentin showing symptoms of legionnaires' disease has jumped to 95. legionnaires' disease surfaced last week, prompting the prison to shut off water. the disease is usually spread through contaminated water. a church in east san jose is rich in history. today it's seen as a refuge, a safe sanctuary that sits right in the middle of a gang turf war. marion favro has a look at why the gangs, even they consider this church to be a safe zone, mary ann. >> reporter: parishioners say there is an unspoken agreement that the front part of the church and the other gang has the back. but inside the church both gangs come together to pray and talk. as candles burn inside our lady of guadalupe church, outside is the violence of the east san jose parish. these crosses represent victims of violent crimes killed in the mayfair community. the church is located on the dividing line between rival gangs. at one point one gang claimed the back of the church and the other the front. >> the gangs just divided the churches and said, this is our territory. here's a unique place where they both come together, because the line is right here on the back of the parish. the grounds. we're right on the line, or right on the border. so people come from both sides. >> reporter: for years the rival gangs have considered this church with 7,000 parishioners neutral territory. >> we can take them on retreats together. >> in essence the parents, or maybe grandparents of the now gang members built this church. so there's a legacy there that has been instilled in these members since they were little. >> reporter: a legacy of peace the parishioners hope will one day extend beyond the walls of the church. even children of rival gang members attend first communion classes together but they're told not to wear gang colors. reporting live in san jose, mary ann favro, nbc 5 news. stocks were back up today. there were plenty of smiles. the dow finished 293 points higher. the nasdaq gaped more than 2%. the s&p climbed 35 points. now, there was good news on the u.s. economy from the federal reserve. the economy expanded during the last two months, and wages increased for many workers. the turmoil on wall street has been blamed mostly on problems with china's sluggish economy. we have an update on the class action lawsuit against uber. they claim only about 16,000 of its drivers are eligible to join this lawsuit. some drivers are suing the san francisco based company. they say they should be labeled as employees instead of contractors. yesterday a judge allowed that lawsuit to move forward, and paved the way for other drivers to join in. but only for uber black, uber x and suv drivers in california. only they can qualify. that's 10% of the 160,000 uber drivers in our state. now, if the drivers win, uber will be forced to pay expenses such as maintenance. big news for high rollers in sonoma county. the casino is changing its style and size. they broke ground today on $175 million addition. key feature? a six-story hotel with 200 rooms. the owners say adding overnight accommodations adds graton to the next level, making it a travel destination. it's called the pit spot program in san francisco for the employees being paid to monitor public bathrooms. i'll explain why this is happening, and how it's going so far. i'm scott budman. a satellite bringing our military secure communication technolo technology, was built here in silicon valley. coming up, we'll show you the launch and explain what it will do for our armed services. and good evening, i'm meteorologist jeff ranieri. the fog is building up at the immediate coastline. we'll have the details on what the fog means for your thursday forecast in just a few minutes. ci ofcia inan ancco sa-- 's necr they're called port-a-potty aten dapts. it's a necessary job. the city is installing more public restrooms and playing people to monitor those restrooms. michelle roberts is in the castro district. michelle, what prompted all this? >> reporter: it's really a safety issue. there are these bathrooms all around town. you can see bonita standing over there. if somebody goes in, she writes down what time it was. if they've been in there longer than 20 minutes, she'll either knock on the door or call police. san francisco is known for the diversity, energy, and unfortunately -- >> it's horrendous and so pungent. it makes your eyes water and your tloeth burn. >> reporter: the city spends $1 million a year to steam clean human waste off the street. many say it's not enough. >> every day you've got to watch your step. >> reporter: tourists and city natives will notice more of these around town. >> there is a need for public bathrooms in san francisco. >> reporter: the public work department said the city will continue to install bath rooms like these. so far, there are eight. but five more are expected in the next several months. >> the tenderloin is a great example. the number of steam cleaning requests to clean up human waste has gone down in the area to where these toilets are. >> reporter: each toilet is monitored by what's called a pit stop attendant. >> i'm proud of my job. i'm good at what i do. >> reporter: she said when she was homeless, she often didn't have access to a restroom. now, for $15 an hour, her job is to clean, and watch for suspicious activity. >> you know, you've got to give respect to receive respect. >> reporter: she said she's working for a paycheck to keep a roof over her head, and to help keep the streets clean. >> they know what they can and can't do when i'm around. >> reporter: each one of these toilets costs about $100,000 a year to service. in total, the program is about $1 million a year. reporting live in san francisco, michelle roberts, nbc bay area news. >> thank you, michelle. google self-driving car gets hit again on the road for a test drive. one of the cars was rear-ended last month. the google headquarters said in previous incidents, the self-driving car was not at fault. the car reportedly stopped for a pedestrian at a crosswalk when it was hit by another driver, a car with a driver from behind. the dmv said this is google's 16th crash. they said the car will be ready to hit the streets in the next two to three years, but legislation and some other legal issues could impact that release. how is this for sticker shock. tesla's suv is $132,000. that's the base model. $144,000 with the upgrades. if you reserve this model x right now, you'll get the suv early next year. for those of us on a tighter budget, the smaller model 3 will cost about $35,000. three, two, one, zero. >> this is the way it looked early this morning when a rocket blasted into space from cape canaveral carrying cargo from the bay area. it is now in orbit taking care of america's armed forces. the important job that the satellite will be doing from space, scott? >> reporter: jessica, that satellite made here at lockheed martin in sunny vail, took off this morning, bringing mobile technology, the kind we use every day, to our military. it's heading 22,000 miles above the earth. a satellite to bring our armed forces better, more secure mobile communication, and it was built here at lockheed martin's silicon valley facility. >> there's hundreds of people that come together on satellite programs. >> reporter: this satellite is the newest of its network, hovering above the planet to bring the kind of mobile technology we civilians take for granted, to or military, with a lot of security built in. >> that means that nearly everyone in the world, you're going to get coverage. that high-speed voice, data and video. for secure mobile users, that's not been a possibility before. >> reporter: it will now help our forces communicate safely. something that brings pride to the bay area. >> absolutely a sense of pride, even though this launch happened around 3:18 a.m. pacific time, you bet there are employees here who have been working on this program for years that were awake and watching that. >> reporter: up early to catch a glimpse of the future. by the way, those employees are already at work on the next satellite in that network. we are told that launch is likely to be next year. reporting live in sunnyvale, scott budman, nbc bay area news. more on the launch, it was all the buzz in social media today. after the rocket blasted off the pad, there was an incredible light show. turns out it is atmospheric conditions combining to create those amazing colors. el nino is impacting wildlife. a big influx of weak, hungry sea birds are showing up at a fairfield bird rescue center. they took in 150 common mirs last month. the center normally sees fewer than ten a month this time of year. most of the birds are malnourished chicks that are ex hauctd. the nr speculates it's because the ocean temperature is rising here in california, causing fish that the birds normally eat to dive down even deeper. let's bring in our meteorologist jeff ranieri to talk about the changes in the forecast. a little cooler today. >> yeah, we were down 5 to 10 degrees across the bay area. no doubt the main reason why was that colder onshore westerly wind. and also the fog that banked up against the coastline. winds out of the west at 25 throughout the coast. that's translating to 20 to 25-mile-per-hour sustained winds. very comfortable breeze tonight. you can see right now we have the fog lingering in san francisco. this is our view from engelside. oakland hills, you'll also see patchy clouds continuing over here throughout contra costa, also alameda county. in the south bay, it's been all about the beautiful weather in san jose. no clouds throughout downtown at the current moment. tomorrow's forecast will offer again another round of low clouds returning. in the futurecast, it will be the thickest at the coastline. notice the areas of green just to the south of half moon bay, throughout the peninsula, spotty drizzle that could happen. also towards fremont. and low patchy clouds for san jose and east bay. we eventually get the sunshine in here. we'll look at that forecast. you can see we'll top out at 80 degrees in the south bay. tri-valley, 81. san francisco 68. and for the north bay 79. curious about the labor day forecast? we want to focus in on that. we'll have hotter temperatures by your labor day. if you have any plans next monday and you happen to be off, you will notice temperatures will jump to 94 degrees in the tri-valley. 93 in the north bay. and 92 in the south bay. at this point, it does not look like we will reach 100 degrees. we did talk about the el nino impacts on the wildlife just before our weather hit. if you did not see this yesterday, we're looking at the above-average chance of rainfall specifically for the bay area, january, february, also into march. again, likely linked to our developing el nino. i'm back with more weather in about 25 minutes. >> see you then, jeff. a bay area landmark, the flipt stone house up for sale. the reason? there's room to bargain if you want to put in a bid for this. also, from tourist to hero, anthony sadler talks about why he stood up and took on a suspected terrorist. to it r aoos ansomchken running afoul. commuters had to wait for a goose and some chickens to -- wait for it -- yes, cross the road this morning. the goose tried crossing around 7:00 this morning. the chp motorcycle officer is there trying to corral the goose. and in the east bay chickens showed up at the toll plaza this morning. there is a rooster and a chicken. our viewers sent in a photo of the chicken wandering around. the highway patrol was able to pull them off the roadway. anthony sadler went to europe as a tourist, and came home a hero. in an interview with lester holt, we're finally hearing what happened when he and his two friends saw that gunman on a paris-bound train. >> so i turned around to see the gunman entering the train car. my friend alek was like, go get him. i saw him make it to the gunman. so i thought, we have a chance now. once he got there, we followed up about a few seconds later. we just did whatever we could to disarm him. >> amazing to hear the story. the gunman tried to fire at his friend, spencer, but that gun didn't go off. sadler said it's great to be back home here in northern california. he got another welcome on sunday from the church where his father is a pastor. >> you and i share sacramento roots. >> yeah. >> you're a big deal there. my father was the first to call and say, you know he's from sacramento. do you think we all mafr this in us, and not know it until we're put in a test. the sudden feeling that i need to respond? >> i think so. i don't think i'm any different than the average american. when people are faced with this situation, i felt like it is a choice. >> he is no average american. he says he and his friends grew up talking about what they might do in a dangerous situation. hoping that they would act. he said they're the only two people he would have wanted with him on that train. sacramento is responding by setting up a fund to help pay for sadler's college loans. he's studying sports medicine with the hope of becoming a trainer for a professional team. still ahead, wrapping up an emotionally charged trial. ready to take the stage. the last-minute maneuvering that landed former hp ceo carly fiorina in a coveted spot in the next republican presidential debate. a project that could some day be a slam dunk. bang ws a adlfirinont breaking news in contra costa county. our nbc chopper is over a house in bay point. there was firefighters responding to a fire in a shed behind that house. they went out, they put out the fire, and then they found a body inside. so at this point it's not clear if the body was in there before the fire started or if the person died as a result of the fire. but this is what we know. this is in the 400 block of shore road in bay point. there's also an access road between the two homes when the chopper pulls out you're able to see that. that happened about 4:00 this afternoon. the firefighters put it out and then they found a body inside. lots of unanswered questions at this point. how did the fire start and who's the person in the shed? we'll have more for you tonight at 11:00. follow developments on this story and other breaking news on our nbc bay area app, and follow us on twitter and facebook always. we forgive. >> right now at 6:30, a tearful apology from the father of the teenager accused of shooting and killing a bay area paramedic. that apology came as the trial for the teenager came to a close today. this has been a difficult time for the families of both the victim and the accused killers. nbc bay area's jo di hernandez is in oakland this evening. >> reporter: an emotional day, both inside and outside the courtroom as this trial wrapped up. today the father of the alleged gunman told us he's truly sorry. >> i apologize for all of the wrongful doing that's taken place. >> reporter: that's what the father of the alleged triggerman who prosecutors say shot and killed paramedic quinn boyer during an attempted carjacking, wants boyer's family to know. christian burton who was just 16 at the time, and 17-year-old david mcneil are on trial for the 2013 oakland hills killing. burton's father spoke out today for the first time. >> my family, this is not our teaching, and this is not what we do. >> reporter: in closing arguments, burton's defense attorney claimed the teen didn't take part in the crime spree at all. but the prosecutor replayed graphic video of the crime scene, saying burton purposely aimed the gun and hit the bull's-eye dead-on. he told jurors after the shooting, the teens laughed about it. and then went window-shopping at macy's. >> in that one moment of malice and greed, they sacrificed a whole life they could have had. >> reporter: boyer's widow said it's hard to imagine such young boys taking part in such brutal crimes. she said boyer dedicated his life to rescuing others only to have his own life stripped away. >> i'm still trying to scoop my own life up off the ground. i'm still trying to get my head around it. >> reporter: closing arguments will continue tomorrow morning before the jury begins deliberating. we could have a verdict by the end of the week. in oakland, i'm jodi hernandez, nbc bay area news. he's armed, dangerous and wanted for multiple robberies. there's video of a suspect police are looking for. he's robbing a shell gas station in san jose in march. you can see him brandishing a gun. he took cash from the attendant and then took off. the man is wanted for four armed robberie robberies, all which happened in march in san jose. among the places he struck, a taco bell. an important hurdle has been crossed for california's death with dignity advocates. an assembly committee approved the measure after hearing from some of the same people who testified in july. but not jennifer glass. the san mateo woman died weeks after pleading with lawmakers to allow terminally ill patients to take life-ending medications. another california woman, brittany maynard, brought the issue to national attention last year when she moved to oregon to take advantage of that state's assisted suicide law. the bill passed yesterday here in california. now goes to another committee. decision 2016 now, more signs today that vice president joe biden may be running for president. the vp is in florida now, a key battleground state. steve handelsman has more from washington on how this could shape things up for hillary clinton. >> reporter: it looks to some like he's testing the waters. vice president joe biden in florida for a campaign style swing, talking to students. >> people who aren't willing to risk failing, never succeed. >> reporter: biden ran for president in 1988, and in '08 and talked about a run this year. until may when he lost his son. but beau biden had asked his dad to run again. and hillary clinton's campaign is in trouble. hurt by the e-mail controversy, pressured by bernie sanders, clinton is down to 49% support nationally. biden's got 14%. and a decision to make, about hillary. >> they're very good friends. they have been for a long while. i don't know if joe biden has the stomach to launch a campaign based on attacking hillary clinton. >> reporter: the woman running on the republican side, carly fiorina, polling fourth now in new hampshire, learned she's included in the next gop debate. >> any opportunity for me to introduce myself to the american people is an opportunity i'm going to take advantage of. >> reporter: many in fiorina's party would rather not face joe biden in the fall. >> he has a likability factor. he's able to connect with voters. this is something hillary clinton lacks. >> reporter: biden backers are pressuring him to run. >> in 2016 -- >> i'm riding with biden. >> i'm definitely riding with biden. >> reporter: but insiders said the veep is not definite about what he wants to do. they say biden has a bit more time. the democrats' first debate is more than a month away. i'm steve handelsman, nbc news, washington. >> thank you, steve. more details on carly fiorina's campaign. she'll be included in the next republican presidential debate, after cnn which is hosting the debate added a provision that better reflects the state of the race. fiorina has moved up in the polls in recent weeks and is now in the top ten. that debate will be held at the ronald reagan presidential library in simi valley on september 16th. a high-speed chase and getaway. a burglary suspect remains on the run this evening in southern california. take a look. this chase reached speeds as high as 90 miles per hour. right through southeastern l.a. county near glendora. the suspect started on the freeway, went off-road and wound up in a riverbed. he got out in a cloud of dust and disappeared down that embankment, and into some thick brush. deputies are trying to determine if he entered a network of tunnels near the river down below. the death penalty up for debate in california. our sam brock has a reality check on whether it's cruel and unusual punishment. the easy method hackers could get access to baby monitors in your home. theay ea me th s o"wipea pe" it's got its own wikipedia page, and it is on the market. you can be the new owner of the so-called flintstone house. they're a popular site past hillsboro. it's on the market now. you get a glimpse inside now. asking price is about $4 million. zilo's estimate is just about $3 million. you may have room to bargain there. for almost a century, students have played inside palo alto high's gym. tonight it's a pile of rubble. they're making way for the state of the art sports complex. affectionately known as the big gym. the new gym's price tag $34 million. >> we love the community. we love this place. and we love sports. we love basketball. we love the school. and so we decided it would be a great legacy, a great exciting thing to be involved in. and be a part of. >> new complex is scheduled to be ready to go by the fall of 2017. size does matter for apple. insiders say a bigger ipad aptly named ipad pro is set to debut next week in san francisco. the pro will have a 12-inch display versus the current 8 inches. it will also have a special version of siri. you can't order this until october. and it won't ship until november. in true apple style, just in time for the holidays. your baby monitor hacked. a new report says it's fairly easy to access your monitors. a cybersecurity firm said many monitors lack basic security. that firm looked at nine baby monitors from eight different companies and found security problems in all of the cameras. researchers say hackers easily figured out the pad words and gained access to the baby monitor cameras, and that could have opened the door for them to hack into your security system at home. all the manufacturers have been notified and some have tried to fix the problems. >> you have to be vigilant. boy, what a difference in the temperature. >> i know. hard to come inside to work today. outside before work, doing a few things, catching up with the yard work. but i love my job so much. let's look outside. the main reason why we pulled off that fog rolling in from the palo alto camera. we'll talk about the cooling forecast and also some hotter temperatures for labor day.  the president in the wilderness? the selfie that's going viral. sdeh paltisupor the ate deh paltbeecaed oke' the state's death penalty has been called broken, dysfunctional and a violation of basic rights. >> the california supreme court is taking up the case. could it be the end of capital punishment in california? here's nbc bay area's sam brock with tonight's "reality check." >> we do not believe there's any evidence -- >> reporter: the state of california has staked out its position, the death penalty should live on. arguments heard before the ninth circuit court of appeals in pasadena come after a lower court overturned the death sentence of a convicted murderer. earnest jones. calling the state system ineffective, and an example of cruel and unusual punishment. >> this is an opportunity to inject into the judicial system a sort of a wide-angle imax picture of the whole dysfunctional adventure of california. >> reporter: frank is a death penalty expert and critic of a system he said by all reasonable statistics is dysfunctional. consider this, of all the ways california inmates have died on death row since 1978, execution ranks third. behind natural causes, and suicide. in total, 749 people have been sentenced to death in that time frame. but only 13 have been executed. despite those numbers, attorney general harris is fighting to preserve the status quo. she says the lower court's decision to overturn jones' execution, quote, undermines the important protections that our courts provide to defendants. this flawed ruling requires appellate review. and that's what's happening right now. so the court of appeals could wipe away capital punishment in california. but zimmering said it's not likely. >> the verdict that is being defended in the ninth circuit is a long shot. the most likely outcome will be that a panel of the ninth circuit will reverse it. >> reporter: on what grounds? california may show it's not up to the courts to decide the issue in the first place. or attorneys might point to delays as proof the state doesn't want to execute innocent people. adam shift's hunch, still, he believes the court proceedings will lead to change one way or another. >> given the cost of the death penalty, given the difficulties we've had, and the difficulties other states are experiencing, we need a wholesale review whether this makes sense. >> reporter: this court case could very well prove a tipping point. >> i have major problems with the district court's exhaustion ruling. >> reporter: an entire subject here in california. i'm sam brock. that's this edition of "reality check." thank you, sam. we turn things now to jeff ranieri. >> why not. i'll take the wheel, guys. it's all about the cooler temperatures today across the bay area. you notice the cloud cover moving in, even if you're way back in contra costa and alameda county through the interior valleys. that fog is why we cooled down. check it out right now, 73 degrees in the south bay and peninsula. we're completely fogged in on the woodside weather underground camera. that's a sign of things to come. back to san francisco, 67 degrees. we're still mild here in the north bay with 75. let's take you to the east bay. that really is where temperatures drop the most, anywhere from 9 to 8 degrees compared to this time yesterday. if you like the temperatures today, we have more coming our way for tomorrow. the morning forecast on thursday, you'll find as we've been mentioning the usual areas with the thick fog. like san francisco at 59. also for the peninsula with upper 50s. the south bay coming in at 57. again, the fog at the immediate coastline was the main driver behind these temperatures dropping. this is a profile of the atmosphere right near the surface at the coastline. we take a look at this to find out how thick the marine layer is. a lot of colors on this map. focus in on the pink and also the blue colors. that's where the coldest temperatures with the fog are located. we line it up to the side of the chart and you can see an altitude right around 3,000 feet of the marine layer at the coastline. because it was so thick today, and we expect it to stay just as thick tomorrow, that's why the temperatures will stay very, very enjoyable. let's take you to the forecast as we head throughout tomorrow. what you'll find here is the storm system is going to be off to the north producing some showers in the pacific northwest. for us, we'll get some slightly cooler air with that. again, the fog will keep temperatures below average. let's get a look at how comfortable it's going to stay. in san jose, that will mean 78 degrees. cupertino coming in at 80. morgan hill, very nice, even down toward santa ter reesa in the lower 80s. san francisco it will be a day where everybody goes back to the 60s. let's get you to the north bay, east bay and the tri-valley. awesome. awesome day here. pleasanton, 80 degrees. danville at 82 for the east bay. 79 in fremont. the best weather, no doubt my forecast will be in napa 80 degrees expected tomorrow. hotter weather coming our way for the labor day weekend. it doesn't look like we'll have any 100-degree heat, but it is still going to be getting warmer. let's look at the labor day weekend forecast. you can see saturday i think will be the most comfortable day when it comes to our temperatures. south bay 85 degrees. sunday five-degree jump in temperatures to 90. monday, 92. the north bay will be at 90 on sunday and 93 by monday's forecast. yes, it gets warm. but still i think it's going to be great barbecue weather throughout saturday, sunday and monday. pick a day, or barbecue outside all three days with this kind of weather. >> and barbecuing on labor day. >> we'll be here. former 49ers owner is in the headlines tonight. this might be the most crucial night of the season for the giants. no kidding. ==ess/too==ere prf ofow e u cmad inhe ldeess..pri commander in chief of the wilderness. president obama posted a selfie on instagram during his hike with the host of nbc's reality tv show "running wild." part of a three-day alaskan adventure where he will test his wilderness skills with the host and survey how the state is being impacted by climate change. the president is expected to appear on the show that will air later this year right here on nbc. with a selfie stick? >> i wonder if the secret service is also doing it with them. this is a big one for the giants. kind of like do or die, isn't it? >> i think so, raj. definitely doesn't get any easier. the first game of the series, of course, was very important. last night's 2-1 defeat in l.a., a huge letdown. how big is tonight's series finale? for mike lee, he mike the giants' last shot at plugging the holes for the play-off hopes. in order to win, he's going to to need some help. the g men 1 for 7 last night with runners in scoring position at dodger stadium. they go from the frying pan into the fire as well with clayton kershaw taking over for gren ke. now, the giants have beaten them twice this season. but the dodgers know they have a chance to maybe put the division away tonight. >> we've got a chance to put another game on the board really. take another game off the schedule. and you've got clayton, and it's a good opportunity. >> the margin of error is cut down once you get to september. you don't have as many games to make up. so every pitch, every play, every at-bat, it's so important now. >> a's and angels closing out the series. bottom first, athletics down 4-1. josh fedley cutting into the lead, two-run homer to dead center. however, very next frame, angels answer right back, albert pujols to left center. .555 lifetime. a's lose 9-4. john gruden is saying a return to los angeles for the raiders is inevitable. gruden said, quote, it's going to happen, on a monday night football conference call, citing his own sources. he coached the silver and black from 1998 through 2001. 49ers five times super bowl winning owner, finalist for the 2016 pro football hall of fame. in the contributor category. last month, debartolo had been a presenter, for walsh, rice and joe montana who responded to the news saying, if anyone deserves this, it is mr. "d." second round of the women's u.s. open world number one. serena williams taking on the netherlands' burton as the quest for the serena slam continues. serena in trouble, serving down. she's in jeopardy of losing the set. serena's number one in the world for a reason. she wins six of the next seven points. net ball falls in nicely. and then the eventual unforced error from burton who was more than frustrated. serena goes on to win her 30th consecutive grand slam match. finally, it doesn't matter if you're talking nba or "d" league. when you say warriors, you're talking the champions. they'll once again host the "d"-league show case for the second consecutive season. the league's showcase event from january 6th through the 10th with big league players playing two regular season games apiece in front of nba gms, scouts and a ton of fans. so these guys get basically live auditions in front of nba gms to probably try to punch their ticket into the association. so the guys come out and play super hard. it's on nba tv as well. it's broadcast nationally. big-time stuff. >> do you know what the association is? it's the nba. like a cool, hip term. >> i'm going to write that one down. >> the association. >> thanks. >> okay. watch sports net central tonight at 10:30. thanks for joining us. have a great evening. at1. =enof ow!== take a look at these bbq best cracked pepper sauce... most ribs eaten while calf roping... yep, greatness deserves recognition. you got any trophies, cowboy? ♪ whoomp there it is uh, yeah... well, uh, well there's this one. best insurance mobile app? yeah, two years in a row. well i'll be... does that thing just follow you around? like a little puppy! the award-winning geico app. download it today. giselle consulting a divorce lawyer. >> new reports that tom brady's marriage is on the rocks now on "extra." >> first deflate-gate, now divorce-gate. headlines today tom and giselle's marriage is in crisis and that she's turning to a lawyer. were there clues in the most recent sighting of the super couple? who is sandra bullock's new man? his modelling days, how they met and their get away. new fallout over the black bond controversy. >> the screen writer called the actor too street backtracking

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Transcripts For KNTV NBC Bay Area News At 6 20150903 : Comparemela.com

Transcripts For KNTV NBC Bay Area News At 6 20150903

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everyone is connecting to the gong girl movie, it was considered a hoax by vallejo police, but the home invasion case in dublin gave that kidnapping case credibility. matthew muller, seen here in this mugshot, is the suspect in the june 5th home invasion case in dublin. he's accused of breaking into a home, assaulting the homeowner and allegedly dropping his cell phone. that phone is key to the va leo kidnapping case. a detective making a connection to the kidnapping case through phone records. muller's attorney saying when you have evidence like this, a prosecutor has to be very exact. >> it's incumbent on law enforcement, if you're going to search something without a warrant, you have to make that search clean. it's got to be an exigent search, a search that if it's warrantless, it better be good in every other respect. so that's what we talked about today. >> reporter: no cameras were allowed inside the courtroom today. muller was wearing a red jumpsuit. he seemed very stoic today. he will be back in court in two weeks. that's when the judge will decide whether or not there's enough evidence to hold him over for trial in the home invasion case. now, the kidnapping case, mueller's attorney says he hasn't gotten any formal paperwork on that. reporting live in pleasantton, cheryl hurd, nbc bay area news. her family said justice is finally in motion. three years after the disappearance of sierra lamar, her suspected killer has a trial date. anthony torres was in court today, suited, clean shaven and slimmer since his arrest back in 2012. robert honda has been reporting extensively on this case and joy joins us in santa clara this evening. >> reporter: we came to talk to sierra lamar's family about today's stunning turn of events. the family and their supporters were relieved to hear the judge date set a trial date for next year. he pleaded innocent and stood quietly during today's proceedings. investigators say dna evidence links torres to the disappearance and murder of 15-year-old sierra lamar last seen heading to school on march 16th, 2012. her body has never been found. her parents told us today's move was long overdue. >> i was glad. i was happy. yeah, a little bit relieved. and i was shocked, too, that's probably the most overwhelming emotion was shock. because i had my expectations set pretty low. >> it helps speed the process of just seeing justice. that's what we want to see as a family. >> will you be attending any of the hearings? >> yes. >> reporter: after the trial date was set, the defense filed a motion to dismiss the indictment. >> we think that there's some serious problems with this case. there have been since the beginning. we might have a question about the appropriateness of the death penalty in this case. >> reporter: the defense is showing now some aggressiveness on their part to go after the prosecution case. they say we're ready for trial and we're ready for law and motion. clark emphasizes a lot can happen in court proceedings before april 25th. sierra lamar's parents say they just want justice and information about their daughter. live in santa clara, robert honda, nbc bay area news. >> a long journey for them, that's for sure. we're learning more about the confrontation with the police officers that ended in gunfire. b.a.r.t. police say the suspect actually shot himself in the stomach while reaching for his gun. we want to show you pictures to show the moments after that shot rang out. that was last night. b.a.r.t. police confronted cory powell about smoking a cigarette on the platform. he tried to jump to the sidewalk below. they tried pulling him back from the ledge. he reached for his waistband, and officers tased him and that's when he shot himself in the stomach. powell is from union city, and has an extensive criminal record. he went on a hike and never rushed. park rangers at yosemite found the body of a man who had been missing for about three weeks. 39-year-old james millette jr. was found dead yesterday above yosemite valley. he went for a hike on august 11th, but never returned to his car. no details yet on how exactly he died. the numbers are rising inside of the prison walls, the numbers of prisoners at san quentin showing symptoms of legionnaires' disease has jumped to 95. legionnaires' disease surfaced last week, prompting the prison to shut off water. the disease is usually spread through contaminated water. a church in east san jose is rich in history. today it's seen as a refuge, a safe sanctuary that sits right in the middle of a gang turf war. marion favro has a look at why the gangs, even they consider this church to be a safe zone, mary ann. >> reporter: parishioners say there is an unspoken agreement that the front part of the church and the other gang has the back. but inside the church both gangs come together to pray and talk. as candles burn inside our lady of guadalupe church, outside is the violence of the east san jose parish. these crosses represent victims of violent crimes killed in the mayfair community. the church is located on the dividing line between rival gangs. at one point one gang claimed the back of the church and the other the front. >> the gangs just divided the churches and said, this is our territory. here's a unique place where they both come together, because the line is right here on the back of the parish. the grounds. we're right on the line, or right on the border. so people come from both sides. >> reporter: for years the rival gangs have considered this church with 7,000 parishioners neutral territory. >> we can take them on retreats together. >> in essence the parents, or maybe grandparents of the now gang members built this church. so there's a legacy there that has been instilled in these members since they were little. >> reporter: a legacy of peace the parishioners hope will one day extend beyond the walls of the church. even children of rival gang members attend first communion classes together but they're told not to wear gang colors. reporting live in san jose, mary ann favro, nbc 5 news. stocks were back up today. there were plenty of smiles. the dow finished 293 points higher. the nasdaq gaped more than 2%. the s&p climbed 35 points. now, there was good news on the u.s. economy from the federal reserve. the economy expanded during the last two months, and wages increased for many workers. the turmoil on wall street has been blamed mostly on problems with china's sluggish economy. we have an update on the class action lawsuit against uber. they claim only about 16,000 of its drivers are eligible to join this lawsuit. some drivers are suing the san francisco based company. they say they should be labeled as employees instead of contractors. yesterday a judge allowed that lawsuit to move forward, and paved the way for other drivers to join in. but only for uber black, uber x and suv drivers in california. only they can qualify. that's 10% of the 160,000 uber drivers in our state. now, if the drivers win, uber will be forced to pay expenses such as maintenance. big news for high rollers in sonoma county. the casino is changing its style and size. they broke ground today on $175 million addition. key feature? a six-story hotel with 200 rooms. the owners say adding overnight accommodations adds graton to the next level, making it a travel destination. it's called the pit spot program in san francisco for the employees being paid to monitor public bathrooms. i'll explain why this is happening, and how it's going so far. i'm scott budman. a satellite bringing our military secure communication technolo technology, was built here in silicon valley. coming up, we'll show you the launch and explain what it will do for our armed services. and good evening, i'm meteorologist jeff ranieri. the fog is building up at the immediate coastline. we'll have the details on what the fog means for your thursday forecast in just a few minutes. ci ofcia inan ancco sa-- 's necr they're called port-a-potty aten dapts. it's a necessary job. the city is installing more public restrooms and playing people to monitor those restrooms. michelle roberts is in the castro district. michelle, what prompted all this? >> reporter: it's really a safety issue. there are these bathrooms all around town. you can see bonita standing over there. if somebody goes in, she writes down what time it was. if they've been in there longer than 20 minutes, she'll either knock on the door or call police. san francisco is known for the diversity, energy, and unfortunately -- >> it's horrendous and so pungent. it makes your eyes water and your tloeth burn. >> reporter: the city spends $1 million a year to steam clean human waste off the street. many say it's not enough. >> every day you've got to watch your step. >> reporter: tourists and city natives will notice more of these around town. >> there is a need for public bathrooms in san francisco. >> reporter: the public work department said the city will continue to install bath rooms like these. so far, there are eight. but five more are expected in the next several months. >> the tenderloin is a great example. the number of steam cleaning requests to clean up human waste has gone down in the area to where these toilets are. >> reporter: each toilet is monitored by what's called a pit stop attendant. >> i'm proud of my job. i'm good at what i do. >> reporter: she said when she was homeless, she often didn't have access to a restroom. now, for $15 an hour, her job is to clean, and watch for suspicious activity. >> you know, you've got to give respect to receive respect. >> reporter: she said she's working for a paycheck to keep a roof over her head, and to help keep the streets clean. >> they know what they can and can't do when i'm around. >> reporter: each one of these toilets costs about $100,000 a year to service. in total, the program is about $1 million a year. reporting live in san francisco, michelle roberts, nbc bay area news. >> thank you, michelle. google self-driving car gets hit again on the road for a test drive. one of the cars was rear-ended last month. the google headquarters said in previous incidents, the self-driving car was not at fault. the car reportedly stopped for a pedestrian at a crosswalk when it was hit by another driver, a car with a driver from behind. the dmv said this is google's 16th crash. they said the car will be ready to hit the streets in the next two to three years, but legislation and some other legal issues could impact that release. how is this for sticker shock. tesla's suv is $132,000. that's the base model. $144,000 with the upgrades. if you reserve this model x right now, you'll get the suv early next year. for those of us on a tighter budget, the smaller model 3 will cost about $35,000. three, two, one, zero. >> this is the way it looked early this morning when a rocket blasted into space from cape canaveral carrying cargo from the bay area. it is now in orbit taking care of america's armed forces. the important job that the satellite will be doing from space, scott? >> reporter: jessica, that satellite made here at lockheed martin in sunny vail, took off this morning, bringing mobile technology, the kind we use every day, to our military. it's heading 22,000 miles above the earth. a satellite to bring our armed forces better, more secure mobile communication, and it was built here at lockheed martin's silicon valley facility. >> there's hundreds of people that come together on satellite programs. >> reporter: this satellite is the newest of its network, hovering above the planet to bring the kind of mobile technology we civilians take for granted, to or military, with a lot of security built in. >> that means that nearly everyone in the world, you're going to get coverage. that high-speed voice, data and video. for secure mobile users, that's not been a possibility before. >> reporter: it will now help our forces communicate safely. something that brings pride to the bay area. >> absolutely a sense of pride, even though this launch happened around 3:18 a.m. pacific time, you bet there are employees here who have been working on this program for years that were awake and watching that. >> reporter: up early to catch a glimpse of the future. by the way, those employees are already at work on the next satellite in that network. we are told that launch is likely to be next year. reporting live in sunnyvale, scott budman, nbc bay area news. more on the launch, it was all the buzz in social media today. after the rocket blasted off the pad, there was an incredible light show. turns out it is atmospheric conditions combining to create those amazing colors. el nino is impacting wildlife. a big influx of weak, hungry sea birds are showing up at a fairfield bird rescue center. they took in 150 common mirs last month. the center normally sees fewer than ten a month this time of year. most of the birds are malnourished chicks that are ex hauctd. the nr speculates it's because the ocean temperature is rising here in california, causing fish that the birds normally eat to dive down even deeper. let's bring in our meteorologist jeff ranieri to talk about the changes in the forecast. a little cooler today. >> yeah, we were down 5 to 10 degrees across the bay area. no doubt the main reason why was that colder onshore westerly wind. and also the fog that banked up against the coastline. winds out of the west at 25 throughout the coast. that's translating to 20 to 25-mile-per-hour sustained winds. very comfortable breeze tonight. you can see right now we have the fog lingering in san francisco. this is our view from engelside. oakland hills, you'll also see patchy clouds continuing over here throughout contra costa, also alameda county. in the south bay, it's been all about the beautiful weather in san jose. no clouds throughout downtown at the current moment. tomorrow's forecast will offer again another round of low clouds returning. in the futurecast, it will be the thickest at the coastline. notice the areas of green just to the south of half moon bay, throughout the peninsula, spotty drizzle that could happen. also towards fremont. and low patchy clouds for san jose and east bay. we eventually get the sunshine in here. we'll look at that forecast. you can see we'll top out at 80 degrees in the south bay. tri-valley, 81. san francisco 68. and for the north bay 79. curious about the labor day forecast? we want to focus in on that. we'll have hotter temperatures by your labor day. if you have any plans next monday and you happen to be off, you will notice temperatures will jump to 94 degrees in the tri-valley. 93 in the north bay. and 92 in the south bay. at this point, it does not look like we will reach 100 degrees. we did talk about the el nino impacts on the wildlife just before our weather hit. if you did not see this yesterday, we're looking at the above-average chance of rainfall specifically for the bay area, january, february, also into march. again, likely linked to our developing el nino. i'm back with more weather in about 25 minutes. >> see you then, jeff. a bay area landmark, the flipt stone house up for sale. the reason? there's room to bargain if you want to put in a bid for this. also, from tourist to hero, anthony sadler talks about why he stood up and took on a suspected terrorist. to it r aoos ansomchken running afoul. commuters had to wait for a goose and some chickens to -- wait for it -- yes, cross the road this morning. the goose tried crossing around 7:00 this morning. the chp motorcycle officer is there trying to corral the goose. and in the east bay chickens showed up at the toll plaza this morning. there is a rooster and a chicken. our viewers sent in a photo of the chicken wandering around. the highway patrol was able to pull them off the roadway. anthony sadler went to europe as a tourist, and came home a hero. in an interview with lester holt, we're finally hearing what happened when he and his two friends saw that gunman on a paris-bound train. >> so i turned around to see the gunman entering the train car. my friend alek was like, go get him. i saw him make it to the gunman. so i thought, we have a chance now. once he got there, we followed up about a few seconds later. we just did whatever we could to disarm him. >> amazing to hear the story. the gunman tried to fire at his friend, spencer, but that gun didn't go off. sadler said it's great to be back home here in northern california. he got another welcome on sunday from the church where his father is a pastor. >> you and i share sacramento roots. >> yeah. >> you're a big deal there. my father was the first to call and say, you know he's from sacramento. do you think we all mafr this in us, and not know it until we're put in a test. the sudden feeling that i need to respond? >> i think so. i don't think i'm any different than the average american. when people are faced with this situation, i felt like it is a choice. >> he is no average american. he says he and his friends grew up talking about what they might do in a dangerous situation. hoping that they would act. he said they're the only two people he would have wanted with him on that train. sacramento is responding by setting up a fund to help pay for sadler's college loans. he's studying sports medicine with the hope of becoming a trainer for a professional team. still ahead, wrapping up an emotionally charged trial. ready to take the stage. the last-minute maneuvering that landed former hp ceo carly fiorina in a coveted spot in the next republican presidential debate. a project that could some day be a slam dunk. bang ws a adlfirinont breaking news in contra costa county. our nbc chopper is over a house in bay point. there was firefighters responding to a fire in a shed behind that house. they went out, they put out the fire, and then they found a body inside. so at this point it's not clear if the body was in there before the fire started or if the person died as a result of the fire. but this is what we know. this is in the 400 block of shore road in bay point. there's also an access road between the two homes when the chopper pulls out you're able to see that. that happened about 4:00 this afternoon. the firefighters put it out and then they found a body inside. lots of unanswered questions at this point. how did the fire start and who's the person in the shed? we'll have more for you tonight at 11:00. follow developments on this story and other breaking news on our nbc bay area app, and follow us on twitter and facebook always. we forgive. >> right now at 6:30, a tearful apology from the father of the teenager accused of shooting and killing a bay area paramedic. that apology came as the trial for the teenager came to a close today. this has been a difficult time for the families of both the victim and the accused killers. nbc bay area's jo di hernandez is in oakland this evening. >> reporter: an emotional day, both inside and outside the courtroom as this trial wrapped up. today the father of the alleged gunman told us he's truly sorry. >> i apologize for all of the wrongful doing that's taken place. >> reporter: that's what the father of the alleged triggerman who prosecutors say shot and killed paramedic quinn boyer during an attempted carjacking, wants boyer's family to know. christian burton who was just 16 at the time, and 17-year-old david mcneil are on trial for the 2013 oakland hills killing. burton's father spoke out today for the first time. >> my family, this is not our teaching, and this is not what we do. >> reporter: in closing arguments, burton's defense attorney claimed the teen didn't take part in the crime spree at all. but the prosecutor replayed graphic video of the crime scene, saying burton purposely aimed the gun and hit the bull's-eye dead-on. he told jurors after the shooting, the teens laughed about it. and then went window-shopping at macy's. >> in that one moment of malice and greed, they sacrificed a whole life they could have had. >> reporter: boyer's widow said it's hard to imagine such young boys taking part in such brutal crimes. she said boyer dedicated his life to rescuing others only to have his own life stripped away. >> i'm still trying to scoop my own life up off the ground. i'm still trying to get my head around it. >> reporter: closing arguments will continue tomorrow morning before the jury begins deliberating. we could have a verdict by the end of the week. in oakland, i'm jodi hernandez, nbc bay area news. he's armed, dangerous and wanted for multiple robberies. there's video of a suspect police are looking for. he's robbing a shell gas station in san jose in march. you can see him brandishing a gun. he took cash from the attendant and then took off. the man is wanted for four armed robberie robberies, all which happened in march in san jose. among the places he struck, a taco bell. an important hurdle has been crossed for california's death with dignity advocates. an assembly committee approved the measure after hearing from some of the same people who testified in july. but not jennifer glass. the san mateo woman died weeks after pleading with lawmakers to allow terminally ill patients to take life-ending medications. another california woman, brittany maynard, brought the issue to national attention last year when she moved to oregon to take advantage of that state's assisted suicide law. the bill passed yesterday here in california. now goes to another committee. decision 2016 now, more signs today that vice president joe biden may be running for president. the vp is in florida now, a key battleground state. steve handelsman has more from washington on how this could shape things up for hillary clinton. >> reporter: it looks to some like he's testing the waters. vice president joe biden in florida for a campaign style swing, talking to students. >> people who aren't willing to risk failing, never succeed. >> reporter: biden ran for president in 1988, and in '08 and talked about a run this year. until may when he lost his son. but beau biden had asked his dad to run again. and hillary clinton's campaign is in trouble. hurt by the e-mail controversy, pressured by bernie sanders, clinton is down to 49% support nationally. biden's got 14%. and a decision to make, about hillary. >> they're very good friends. they have been for a long while. i don't know if joe biden has the stomach to launch a campaign based on attacking hillary clinton. >> reporter: the woman running on the republican side, carly fiorina, polling fourth now in new hampshire, learned she's included in the next gop debate. >> any opportunity for me to introduce myself to the american people is an opportunity i'm going to take advantage of. >> reporter: many in fiorina's party would rather not face joe biden in the fall. >> he has a likability factor. he's able to connect with voters. this is something hillary clinton lacks. >> reporter: biden backers are pressuring him to run. >> in 2016 -- >> i'm riding with biden. >> i'm definitely riding with biden. >> reporter: but insiders said the veep is not definite about what he wants to do. they say biden has a bit more time. the democrats' first debate is more than a month away. i'm steve handelsman, nbc news, washington. >> thank you, steve. more details on carly fiorina's campaign. she'll be included in the next republican presidential debate, after cnn which is hosting the debate added a provision that better reflects the state of the race. fiorina has moved up in the polls in recent weeks and is now in the top ten. that debate will be held at the ronald reagan presidential library in simi valley on september 16th. a high-speed chase and getaway. a burglary suspect remains on the run this evening in southern california. take a look. this chase reached speeds as high as 90 miles per hour. right through southeastern l.a. county near glendora. the suspect started on the freeway, went off-road and wound up in a riverbed. he got out in a cloud of dust and disappeared down that embankment, and into some thick brush. deputies are trying to determine if he entered a network of tunnels near the river down below. the death penalty up for debate in california. our sam brock has a reality check on whether it's cruel and unusual punishment. the easy method hackers could get access to baby monitors in your home. theay ea me th s o"wipea pe" it's got its own wikipedia page, and it is on the market. you can be the new owner of the so-called flintstone house. they're a popular site past hillsboro. it's on the market now. you get a glimpse inside now. asking price is about $4 million. zilo's estimate is just about $3 million. you may have room to bargain there. for almost a century, students have played inside palo alto high's gym. tonight it's a pile of rubble. they're making way for the state of the art sports complex. affectionately known as the big gym. the new gym's price tag $34 million. >> we love the community. we love this place. and we love sports. we love basketball. we love the school. and so we decided it would be a great legacy, a great exciting thing to be involved in. and be a part of. >> new complex is scheduled to be ready to go by the fall of 2017. size does matter for apple. insiders say a bigger ipad aptly named ipad pro is set to debut next week in san francisco. the pro will have a 12-inch display versus the current 8 inches. it will also have a special version of siri. you can't order this until october. and it won't ship until november. in true apple style, just in time for the holidays. your baby monitor hacked. a new report says it's fairly easy to access your monitors. a cybersecurity firm said many monitors lack basic security. that firm looked at nine baby monitors from eight different companies and found security problems in all of the cameras. researchers say hackers easily figured out the pad words and gained access to the baby monitor cameras, and that could have opened the door for them to hack into your security system at home. all the manufacturers have been notified and some have tried to fix the problems. >> you have to be vigilant. boy, what a difference in the temperature. >> i know. hard to come inside to work today. outside before work, doing a few things, catching up with the yard work. but i love my job so much. let's look outside. the main reason why we pulled off that fog rolling in from the palo alto camera. we'll talk about the cooling forecast and also some hotter temperatures for labor day.  the president in the wilderness? the selfie that's going viral. sdeh paltisupor the ate deh paltbeecaed oke' the state's death penalty has been called broken, dysfunctional and a violation of basic rights. >> the california supreme court is taking up the case. could it be the end of capital punishment in california? here's nbc bay area's sam brock with tonight's "reality check." >> we do not believe there's any evidence -- >> reporter: the state of california has staked out its position, the death penalty should live on. arguments heard before the ninth circuit court of appeals in pasadena come after a lower court overturned the death sentence of a convicted murderer. earnest jones. calling the state system ineffective, and an example of cruel and unusual punishment. >> this is an opportunity to inject into the judicial system a sort of a wide-angle imax picture of the whole dysfunctional adventure of california. >> reporter: frank is a death penalty expert and critic of a system he said by all reasonable statistics is dysfunctional. consider this, of all the ways california inmates have died on death row since 1978, execution ranks third. behind natural causes, and suicide. in total, 749 people have been sentenced to death in that time frame. but only 13 have been executed. despite those numbers, attorney general harris is fighting to preserve the status quo. she says the lower court's decision to overturn jones' execution, quote, undermines the important protections that our courts provide to defendants. this flawed ruling requires appellate review. and that's what's happening right now. so the court of appeals could wipe away capital punishment in california. but zimmering said it's not likely. >> the verdict that is being defended in the ninth circuit is a long shot. the most likely outcome will be that a panel of the ninth circuit will reverse it. >> reporter: on what grounds? california may show it's not up to the courts to decide the issue in the first place. or attorneys might point to delays as proof the state doesn't want to execute innocent people. adam shift's hunch, still, he believes the court proceedings will lead to change one way or another. >> given the cost of the death penalty, given the difficulties we've had, and the difficulties other states are experiencing, we need a wholesale review whether this makes sense. >> reporter: this court case could very well prove a tipping point. >> i have major problems with the district court's exhaustion ruling. >> reporter: an entire subject here in california. i'm sam brock. that's this edition of "reality check." thank you, sam. we turn things now to jeff ranieri. >> why not. i'll take the wheel, guys. it's all about the cooler temperatures today across the bay area. you notice the cloud cover moving in, even if you're way back in contra costa and alameda county through the interior valleys. that fog is why we cooled down. check it out right now, 73 degrees in the south bay and peninsula. we're completely fogged in on the woodside weather underground camera. that's a sign of things to come. back to san francisco, 67 degrees. we're still mild here in the north bay with 75. let's take you to the east bay. that really is where temperatures drop the most, anywhere from 9 to 8 degrees compared to this time yesterday. if you like the temperatures today, we have more coming our way for tomorrow. the morning forecast on thursday, you'll find as we've been mentioning the usual areas with the thick fog. like san francisco at 59. also for the peninsula with upper 50s. the south bay coming in at 57. again, the fog at the immediate coastline was the main driver behind these temperatures dropping. this is a profile of the atmosphere right near the surface at the coastline. we take a look at this to find out how thick the marine layer is. a lot of colors on this map. focus in on the pink and also the blue colors. that's where the coldest temperatures with the fog are located. we line it up to the side of the chart and you can see an altitude right around 3,000 feet of the marine layer at the coastline. because it was so thick today, and we expect it to stay just as thick tomorrow, that's why the temperatures will stay very, very enjoyable. let's take you to the forecast as we head throughout tomorrow. what you'll find here is the storm system is going to be off to the north producing some showers in the pacific northwest. for us, we'll get some slightly cooler air with that. again, the fog will keep temperatures below average. let's get a look at how comfortable it's going to stay. in san jose, that will mean 78 degrees. cupertino coming in at 80. morgan hill, very nice, even down toward santa ter reesa in the lower 80s. san francisco it will be a day where everybody goes back to the 60s. let's get you to the north bay, east bay and the tri-valley. awesome. awesome day here. pleasanton, 80 degrees. danville at 82 for the east bay. 79 in fremont. the best weather, no doubt my forecast will be in napa 80 degrees expected tomorrow. hotter weather coming our way for the labor day weekend. it doesn't look like we'll have any 100-degree heat, but it is still going to be getting warmer. let's look at the labor day weekend forecast. you can see saturday i think will be the most comfortable day when it comes to our temperatures. south bay 85 degrees. sunday five-degree jump in temperatures to 90. monday, 92. the north bay will be at 90 on sunday and 93 by monday's forecast. yes, it gets warm. but still i think it's going to be great barbecue weather throughout saturday, sunday and monday. pick a day, or barbecue outside all three days with this kind of weather. >> and barbecuing on labor day. >> we'll be here. former 49ers owner is in the headlines tonight. this might be the most crucial night of the season for the giants. no kidding. ==ess/too==ere prf ofow e u cmad inhe ldeess..pri commander in chief of the wilderness. president obama posted a selfie on instagram during his hike with the host of nbc's reality tv show "running wild." part of a three-day alaskan adventure where he will test his wilderness skills with the host and survey how the state is being impacted by climate change. the president is expected to appear on the show that will air later this year right here on nbc. with a selfie stick? >> i wonder if the secret service is also doing it with them. this is a big one for the giants. kind of like do or die, isn't it? >> i think so, raj. definitely doesn't get any easier. the first game of the series, of course, was very important. last night's 2-1 defeat in l.a., a huge letdown. how big is tonight's series finale? for mike lee, he mike the giants' last shot at plugging the holes for the play-off hopes. in order to win, he's going to to need some help. the g men 1 for 7 last night with runners in scoring position at dodger stadium. they go from the frying pan into the fire as well with clayton kershaw taking over for gren ke. now, the giants have beaten them twice this season. but the dodgers know they have a chance to maybe put the division away tonight. >> we've got a chance to put another game on the board really. take another game off the schedule. and you've got clayton, and it's a good opportunity. >> the margin of error is cut down once you get to september. you don't have as many games to make up. so every pitch, every play, every at-bat, it's so important now. >> a's and angels closing out the series. bottom first, athletics down 4-1. josh fedley cutting into the lead, two-run homer to dead center. however, very next frame, angels answer right back, albert pujols to left center. .555 lifetime. a's lose 9-4. john gruden is saying a return to los angeles for the raiders is inevitable. gruden said, quote, it's going to happen, on a monday night football conference call, citing his own sources. he coached the silver and black from 1998 through 2001. 49ers five times super bowl winning owner, finalist for the 2016 pro football hall of fame. in the contributor category. last month, debartolo had been a presenter, for walsh, rice and joe montana who responded to the news saying, if anyone deserves this, it is mr. "d." second round of the women's u.s. open world number one. serena williams taking on the netherlands' burton as the quest for the serena slam continues. serena in trouble, serving down. she's in jeopardy of losing the set. serena's number one in the world for a reason. she wins six of the next seven points. net ball falls in nicely. and then the eventual unforced error from burton who was more than frustrated. serena goes on to win her 30th consecutive grand slam match. finally, it doesn't matter if you're talking nba or "d" league. when you say warriors, you're talking the champions. they'll once again host the "d"-league show case for the second consecutive season. the league's showcase event from january 6th through the 10th with big league players playing two regular season games apiece in front of nba gms, scouts and a ton of fans. so these guys get basically live auditions in front of nba gms to probably try to punch their ticket into the association. so the guys come out and play super hard. it's on nba tv as well. it's broadcast nationally. big-time stuff. >> do you know what the association is? it's the nba. like a cool, hip term. >> i'm going to write that one down. >> the association. >> thanks. >> okay. watch sports net central tonight at 10:30. thanks for joining us. have a great evening. at1. =enof ow!== take a look at these bbq best cracked pepper sauce... most ribs eaten while calf roping... yep, greatness deserves recognition. you got any trophies, cowboy? ♪ whoomp there it is uh, yeah... well, uh, well there's this one. best insurance mobile app? yeah, two years in a row. well i'll be... does that thing just follow you around? like a little puppy! the award-winning geico app. download it today. giselle consulting a divorce lawyer. >> new reports that tom brady's marriage is on the rocks now on "extra." >> first deflate-gate, now divorce-gate. headlines today tom and giselle's marriage is in crisis and that she's turning to a lawyer. were there clues in the most recent sighting of the super couple? who is sandra bullock's new man? his modelling days, how they met and their get away. new fallout over the black bond controversy. >> the screen writer called the actor too street backtracking

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