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you're watching cbs5 "eyewitness news." >> 5 defendants will be standing trial in the case of a brutal gang rape. why a shake up at the da's office could put the entire case in jeopardy. one of two pit bulls that attacked a woman here in san jose has been captured. the unusual way animal control identified the dog. >> oh yeah. only three more shopping days left until christmas. shoppers out in full force tonight. >> this is a loophole that you could drive a party bus through. >> it's the new mode of transportation for teens on a big night. the party bus. they shouldn't be drinking on them but they do. a surprising loophole that doesn't stop them. good evening, i'm ken bastida. >> a raid that captivated the nation's attention. now the judge has ruled 5 not seven defendants should stand trial for the gang rape of a girl outside a richmond school dance. but could an unexpected shake in the da's office put the case in jeopardy? robert liles has the details. >> this was the most complicated case in my career over 25 years. >> star cashman says she is wiped out t deputy da has spent the past 19 days trying to convince a contra costa county judge that 7 men okay straighted the gang rape of a student in this darkened corner of the school. 50 hours of video, countless forensic evidence and uncooperative witnesses left the judge to rule five men ranging from 17 to 44 years old should face trial with life as the possible sentence. but it's cashman who received her own sentence. > >> when were you given word of your demotion. >> last tuesday. >> reporter: she says she has been demoted by newly elected da mark peterson and will step away from the infamous case before january 3rd. >> it is way too much and i put too much of my soul into it so it breaks my heart that i'm not going to be able to finish the case. >> cashman is not alone. they tell cbs5 in the midst of contra costa county's drives they are gutting the sea second supervisors. including brian baker. bruce nine, responsible for misdemeanor trials, his counterpart in west contra costa county david brown and paul sea core ya who heads up the so-called bad bone of the offers. but mark smith could careless. >> i know my kid you know, and that's wrong of them to hold him 12 months, you know. >> what do you think should happen? >> i think he should be compensated for the time that he has been locked up for nothing. >> reporter: his 16-year-old son cody smith has been released after the judge ruled richmond police violated his right to remain silent in the gang rape investigation. >> now his reputation is ruined and he is not going to be able to go to school around here. >> reporter: the judge also agreed 23-year-old elvis stolen texas had not to go do. >> he made the right decision to separate himself from the scene and he did leave. >> reporter: with key prosecutors demoted. >> how much does it take? >> he didn't have a decision he could tell me. >> in martinez robert liles, cbs5. animal control officers have managed to catch up to one of those pit bulls suspected of viciously attacking a woman last night. the other one is still on the loose tonight. joe vasquez shows us how the first dog was found and the method used to id him. joe? >> reporter: eh ken. this driveway is where last night's attack happened a woman coming out of her home when two pit bulls attacked. tonight in a driveway a couple miles away a man was driving into his driveway when a pit bull approached, he stayed in the car, calmly called 911 and animal care cornered that dog. >> don't feel pressured, either yes or no. >> reporter: the dog catcher caught a stray pit bull tonight but in a rather bizarre move he is shielding the animal from our cameras with a blanket while he shows the dog to a witness of yesterday's mauling. >> that's the dog. >> looks like the dog. >> why uh-huh. >> he tells the animal care officers that it's the same dog she saw attack a woman on white sand drive. >> the dog is exactly the same. >> reporter: she was leaving her home last night when two straight pit bulls jumped on her biting her arms and lower back. one took her to the ground and shook her while the other stood guard. >> she took me by my legs and i can't open the door and i went out. >> this is the one. >> yes. >> reporter: across the state juan valencia race todd her rescue. >> i was yelling loud stop it stop it so finally he kind of came towards me and i got the better hand and hit him on the head with a brick. >> reporter: the dogs ran away and animal care has been looking for them ever since. tonight hernandez martinez has pulled into his driveway when a stray pit bull approached. >> it was just kind of looking at me, we were just staring at each other for a while and then i just didn't look right so i just called 911. >> reporter: so the dog catcher came, captured that pit bull, brought him back to white sand to identify him. they say they put the blanket over the dog because, like a police lineup, they wanted to make sure all the witnesses had a chance to verify they have got the right dog. >> we do have one. one is still outstanding. all the descriptions that we were given seems to match. >> not only are they looking for that other dog, they are also looking for the owner, ken, who could face criminal charges. >> reporter: joe vasquez in san jose with that update. thank you joe. other bay area headlines tonight, oakland police say the 19-year-old killed by officers yesterday was on his way with bang friends to attack a rifle gang. police say they were chasing the gang members vehicle to try to prevent the retaliation shooting. officers opened fire on abutaya edward after they say he drew a handgun. they are still looking for two suspects in the case. the cancer causing chemical erin brock ovechkin fought against has been found in high levels in san jose's drinking water. the environmental working group said it has twice as much chromium 6 as oakland by the cpa. they said the study is not scientific. one sample is taken from san jose. >> an overflow crowd of mourners paid respect to a bay area soldier who was killed in afghanistan. the funeral for army specialist derek symptom net a of redwood city was held at st. gregory's church in san mateo. he was in the bay area two months ago celebrating his 21st birthday. he leaves behind a wife of two years. we've got rain around the bay area tonight. lawrence karnow is into check it out. lawrence? >> here we go again ken. we had a brief break. really moving in the evening hours. moderate to heavy amounts of rainfall showing up in parts of the north bay. yellows and oranges, pretty good rain there, into san rafael. vallejo, that continues around the bay area. you'll see more of that rain into petaluma, lighter showers closer to the south. pretty good rain into richmond and berkeley. more rain on the way. how much more we can expect we'll tell knew a few minutes. >> a lot of people want to know if it's going to be raining for christmas. retailers are keeping their fingers crossed. so far a strong super saturday has experts predicting a jump of at least 4%. great lee is standing by in emeryville where last minute shoppers were out in force. grace? >> ken you know, procrastinators, we see them every year, here is the difference. this time they believe they are going to be spending a whole lot more. >> with just four days to shop before christmas day a lot of consumers seem to be pushing their luck wailing until the last minute. >> have you started? >> started about a couple weeks ago but you know christmas came up all of a sudden and now with only a couple days left a lot less. >> you know it's the same day every year, right? >> yeah. >> some shoppers may have a late start but they are not alone. the international shopping centers predicts 15% of americans, 23 million, will hit the malls on christmas each. >> i've gone christmas shopping on clift eve an it's crazy. >> is it mostly guys? >> it's everybody. grandma's. grandpas. moms, cousins, everybody is out. >> retailers expect the crowd to be skewed, more men than women. >> they expect a lot of procrastinators to be shopping on christmas eve and most are expected to be men. are you surprised? >> no, that's me all over.? you're going to wait until the last minute. >> i always seem to wait until last minute. actually it's a late start this year but i'll be finished up hopefully by tomorrow evening. >> you sure? >> umm -- >> no. >> i'll probably be out of money by tomorrow evening, you know what i'm saying? kids are expensive these days. >> spending may come later but 2010 is expected to be a bit scrollier for store owners. >> it's clearly a turn after two negative years in a row for the holiday season. >> reporter: you've heard of black friday. the day after thanksgiving. this past weekend we had super saturday. thursday retailers are calling it father's day because they believe so many dads are procrastinating and they will be out shopping on thursday. ken, will you be one of them? >> that would be so unfair, i bought my wife that mop for christmas two weeks ago. it is already wrapped up. you know what, good for you. you're in the minority. >> yeah, all my shopping is done. grace lee in emeryville, thank you. well they get on board and then they get smashed. the loophole that cannot stop teens from drinking on those party buses. nothing says holiday season like egg nothing. how do you make it? we'll show you. >> tonight dave has got jaymee fox or is it friends. >> in the beginning. >> but sophia abreu guerra, the top 10 surprises in the 2010 census. >> 80% of professional athletes have dated kim kardashian. >> no pelts allowed. >> all new for tonight. then catch craig. >> ♪ ♪ you can find your feet and you can find your way ♪ ♪ you can find yourself in bed at the end of the day ♪ ♪ you can find some fun on a tropical isthmus ♪ ♪but you'll never find my... ♪ you can find it in your heart to be patient with me ♪ ♪ you can find a new star for the top of the tree ♪ ♪ i don't mean to be coy and i don't mean to be vicious ♪ ♪ but you'll never find my christmas ♪ >> tonight dave has got jamie foxx or is it friends. the parents of a burlingame teenager say he died after a night of heavy drinking on one of those party buses. now the buses are the new go-to mode of transportation on a big night. kids shouldn't be drinking on them but they do. as alan martin found out there are no regulations to stop them. >> fred studebaker was 19 years old. the college freshman pursuing the career in music. he was pursuing his dream. >> last february his life was cut short. in a drunk driving accident on highway 101 near san mateo brett was the drunk driver. >> he had a very high alcohol level in his blood. >> more than three times the legal limit according to his parentings, they say it would never have happened if the teenaged son hadn't been allowed to drink heavily on a party bus right before he got in his car. operated by hobo limo the bus is equipped with a stripper pole, a dance floor, three bars and a laser light show. the company web site says alcohol may only be consumed by passengers over 21 but the student bakeers say. >> obviously they didn't check for id because brett was 19. he did not have any fake id at all. >> the web site also says if anyone under 21 is caught drinking it is considered grounds for termination of services. >> clearly that did not happen. >> the student bakers feel. >> they are driving kids underage around just for the sole purpose of getting drunk. >> the company headquartered near modesto wouldn't talk to us on camera but tell us cbs5 says hobo did not provide the alcohol and signed saying no one under 21 would consume alcohol. >> at least one other keep ager died after drinking on a so- called booze cruz. what's going on. we took the question to the california agency. the company that is supposed to oversee charter party carriers. >> it has become an issue. moi ya simmer son says the regulations call for all passengers under 21 to sign a statement. >> it tells them no drinking, no containers of alcohol in the vehicle. >> but she admits. >> kids will sneak. >> so why not simply check id's? >> i don't think the driver is going to want to offend customer by demanding they produce id. >> and there's another problem. >> the underaged drinking requirements related to limousines doesn't apply to bus. >> that's right. the current regulations apply only to limos, not party buses. that's something assemblyman jerry hill wants to change. >> this is a loophole you could drive a party bus through. >> he just introduced a bill that would close the loophole. drivers could also face criminal charges. >> they have to take some responsibility. especially if minorities are on board and especially if alcohol is being served. >> the bill is named after brett studebaker. his parents hope it will make a difference. >> brett is gone, our only son is gone. if this experience can save one family or one person's life it will mean something. >> alan martin, cbs5. >> and the student bakers filed a lawsuit against hobo limousine, that cody nice any wrongdoing. well we saw grace out there in the rain lawrence. still plenty of time to get up and get that toaster if you want. >> not nice of us to get her out there. got to get out and get that shopping done. been coming down around the bay area. in the north bay, heavier rain near santa rosa. more of those pockets moving a little bit further to the south, in toward petaluma, nevada, it is extend extending around the bay area, the moisture continues to move in off the pacific. moving in offshore. pretty impressive. especially over some of the mountaintops. up in the santa cruz mountains, more than an inch of rain, beta lowe loma and las chew ses. headed that way in nab a, more to come. temperatures outside mainly into the 50s, looks like we're going to have to wait a while for high pressure to build back in. it's coming, the energy from this is really diving down into southern california, kind of splitting the storm apart. still we're left with some rain and wind out towards the coastline for tonight. tomorrow morning it begins to dry out as high pressure starts to sneak into the bay area. you're going to see that rain on and off, not a washout for tomorrow, a bit of a wet commute early on, then as we head through the day, yeah we'll see clearing in our skies, the sky is going to try out a bit. that trend is going to hold for a couple days. looks like the next couple of days, heading into thursday and friday pretty good. then as we head in towards the holiday, christmas day. another storm rolling in, looks like a pretty good soaker keeping us dry the better part of this weekend. >> pretty bad officially, a little bit of rain and it dries out. that's what we want, right. >> then we have to worry about flooding if they get together. so far so good. >> so far so good. >> speaking of good it could be the perfect holiday treat. how do you make it. why didn't they sell it year round. what goes into making egg nothing. tonight's "good question." ,,,,,,,,,,,, >> santa is a little tired. give him a break in helping spread joy by giving him the gift of scratchers from the california lottery. $50 million more in prizes every month. scratches are more exciting. make the perfect gift for anyone on your list. ,,,,,,,, you can only find it around the holidays for some weird reason, i don't know. what goes into making egg nothing. that's the other part of tonight's good question. it's only available for a few weeks every year and then it goes away. >> boy, if they bought as much of it as they do during the christmas season we would make it year round. >> they will blew up more than 10,000 gallons of egg nothing a week from halloween to new year's. and if you drink enough from the stuff going down it will eventually end up on your belt. >> ingredients are cream, milk, sugar, egg okay, and then some flavoring and that's basically what it is. >> here we're checking the weights. >> he says egg nothing which got its start in old england has to be at least 6% butter fat by law. but he makes a light version and a very popular organic va rye de. >> we tweaked the recipe. didn't want as much sugar, cut back on the sugar to lower the calories. like milk. egg nothing has to be pasteurized and homoginized and kept in these refrigerators ready to be shipped out from fort bragg to san diego. >> towards christmas and new year's the volumes will increase and then after new year's it just dies. >> pure egg nothing. let's taste it. hmm. >> oh that's good. >> beets brandy. >> go to cbs5.com. click on the i con to send me your good question. >> i'm sure it's good but i'll stick with kelly's egg nothing. the warriors try to reverse their fortune in the state capital. you got to see it next. one toy this year. i want a robosan 4000. [ mom ] the one no one could get. toy stores are reporting long lines and empty shelves. a robosan 4000. [ mom ] and i mean no one. so i did most of my holiday shopping on citi specials. with the money i saved, i bid online -and got exactly what he wanted. -a robosan 4000! [ television ] introducing the new robosan 5000. [ mom ] at least for now. [ male announcer ] make your happy holiday stories come true with citi specials. "eyewitness news" is brought to you by cadillac, the new standard of the world. visit your new cadillac dealer today. >> not since my hair was naturally black have the uconn women's basketball team lost a game. 88 in a row going for 89 tonight. the uconn women are feeling the love from coach gino ore yamaguchi a. number 22 maya moore, the his keys win by 31, they set the new standard with 89 victories. ucla men. had also won 88 straight. or yamaguchi a got a phone call during his postgame news conference. >> no, you're not interrupting anything. you're taking me, you know, if i was calling you and you had all those reporters in front of you you'd be dying to take my phone call, right? we have not lost since you have been inauguration and how about we keep that streak goin' for a couple more years, huh? all right. thanks, bye. [ applause ] >> that was the new president, university of connecticut. >> keith smart might be getting a call from president barack obama tomorrow morning. 3 seconds left. >> looking radmanovich three. good. it's good. deficit. let's go to overtime. you can't spell monta without o.t. ellis had 44 last night in >> vladimir radmanovich erase a 16-point deficit. oh we go to overtime and then monta, he had 44 last night in the loss, 36 tonight, look at that reverse cam. that's amazing. they steal one at arco. 117-109. no traveling for monta. smith will start at quarterback, in st. louis, their biggest game in eight years. which smith is still not announced by coach singletary? we want to know who sit. both alex and troy can play. >> the only real advantage that we could have is to go there and to play well. that's all the other stuff is the cat an mouse stuff. >> so why not do it now then? >> because it's something that i don't really want to announce right now. >> reporter: have you talked to troy? >> yes. >> today? >> no. >> reporter: the sharks logan couture puts his skates on like every other rookie, right. but he is no ordinary rookie. ryane clowe rewards the rookie. the leading 18-year-old goal. the sharks over edmonton a final of 2-1. the top 5. just to make sure couture doesn't get a big head popped in the face by teammate joe pavelski. lost five teeth. at number 4 speaking of "lost" teeth. roddy ma grewedder, face first. had the call into dennis to get the thing out of his mouth. 11th ranked loses. captain doubles. i know you can't see the puck trust me. edward governor ton with his first goal in the nhl. look how young he is. he kisses the guy who set him up with the puck. number 2 stanford h