tv CBS 5 Eyewitness News at 10pm CW August 12, 2010 9:00pm-9:30pm PST
supports and opponents. same-sex marriages can start in next week. the next steps for prop. 8 supporters andantes. we have met the players from both sides but who has the right to fight the battle in court. why that will make a big difference going forward. all internet browsing speeds are not created equal. google may have some say in that. the protest against the company planned for tomorrow. the rules have changed, hoping to conceive after a miscarriage. good evening. the news starts now. this -- the next six days will be pivot will in the battle. the proposition 8 was overturned last week.
he ruled that a temporary hold will be lifted august 18th unless a higher court intervened. dozens of couples crowded city hall hoping that today would be their wedding day. >> the good news the stay is lifted. the bad news is it lifted next weapons. so we've got -- next wednesday. we've got to wait a week. >> workers were prepared to stay late to a dome date everyone that wanted to get married today. news was agnonizing for many. >> it's just this dream that's just a little bit out of reach and for a moment i felt like i was equal. i felt like a real american. it's just this road belong and it's so frustrating. >> supporters of proposition 8 expressed their own frustration. >> it was voted on to support prop. 8 and one unelected judge
trample on their rights. >> because the judge was hoe -- who month sexual and -- >> the sponsors filed pan appeal over issuing the lifting of that stay. tonight some legal experts say it may not make it past the 9th circuit to the supreme court all because of a legal land mine in the appeals process. we are here to explain what all that means. it's a little complicated. >> reporter: but with judge walk area -- walker's ruling today, they are weighing in. a small term called standing. it is a little legal term with huge legal consequences that just may doom prop. 8 backers. >> it's just seems very unlikely that the supreme court or the 9th circuit are going
to be able to bail out the prop. 8 backers on this one. >> reporter: the first thing she teaches her students is the concept of standing. >> and standing means that the party bringing the claim has suffered a very specific concrete particular injury that is unique to them. >> reporter: she stresses only parties to a lawsuit can appeal a judge's ruling. so who are the parties? the plaintiffs are two gay couplings. the defends governor schwarzenegger and general really brown. who has never been party, backers of prop. 8. butt right now they are the ones appealing the decision. >> reporter: he said that there is nothing in the evidence that the prop. 8 backers presented the the court in the nearly three-week trial nor was there anything in the motion that they filed for the stay last week that would in way indicate what evidence they have that they have
suffered the required injury in order to give the appeal lat court jurisdiction here. >> since standing is constitutionally required and cannot be waived, legal analysts agree, prop. 8 backers would now have to convince either the governor or the attorney general to file the appeal. >> but they said they are not going to. >> reporter: so while there has been legal argument that patron 8 was going to be reviewed. >> what i'm suggesting is based on other supreme court rules in other decisions it does seem like standing could be a major obstacle here and possibly be the -- what causes the lawsuit to terminate. >> reporter: prop. 8 backers can see the standing issue could doom their efforts to reverse judge walker and they are preparing for the worse. and unless the peels court overturns walker by august 18th, legal experts say same- sex marriages will resume without threat because. >> once a marriage happens, if it's legal on the day it happens in the place where it
happens, then the proper legal rights of marriage will immediately vest. >> now keep in mind there are no guarantees the appeals court will block prop. 8 backers on standing but keep in mind this, because the appeal will be decided by a randomly chosen of three judges. even though the 9th circuit court of appeals is known to be liberal there are conservative judges on the circuit and procedural issues can keep the prop. 8 fight a live for quite some time. >> you get mixed opinions from people. some legal school similars will say this ultimately will be decided by the supreme court. there will be appeals and back and forth motions and it will get there but maybe not for a while and -- >> reporter: the professor makes a legitimate court, ifed courts find that there is no standing, that the prop. 8 backers lack any jurisdiction, this will never make it to the supreme court
and this entire issue will terminate now and it will continue. >> we will see how it plays out. thank you for that. well for more fails -- more details, you can visit our website. state employees can head to work tomorrow. the governor had ordered state workers to take three fridays a month off without pay until there was a bunch e well, the libyans filed suit and in alameda county issued a stay yesterday. today a california appeals court denied governor schwarzenegger's request to lift that stay. they will now stay it to the state supreme court. a battle that sounds like the plot of a future istic they will -- thriller.
>> we are talking about the net neutral. it is the concept that all data on the internet is treated equally. think of the internet as like a highway. you could set up toll roads, let some cars go faster than other cars. it's the control of that highway or the internet that will be protested here at google headquarters tomorrow. google with it's corporate man extra of don't be evil -- >> they are absolutely violating their own month to. >> james rubbing -- rubbing -- about net neutral it. it is the idea that all data should travel across the internet at the at the same time speed. the fcc still doesn't have a -- google and verizon got together and came up with this, a joint
legislative frame work proposal on what they think the rules on net neutrality should be. they are trying to write rules that benefit them not that benefit the american public. >> the fear is that companies and not our own interest will determine where we go. >> reporter: cbs technology and just says the google verizon proposal is vague and cause for concern. >> they claim they are calling for an open internet but it is completely open. >> reporter: google declined an on-camera interview. google has sold out on network neutrality it's a step backwards for the open internet. two corporations legislating the future of the internet. >> we can't trust these corporations to do the receipt thing -- right thing.
i think the history of the financial melt down shows that corporations can't always be trusted to do the right thing. >> reporter: -- by lunch time friday. and the protest is settle for am pa theatre at noon tomorrow and they are expecting at least 100 people. >> okay. thank you. investigators in the east bay now say that they are sure that the same man attacked three women at an apartment complex. today, the sheriff's deputies released a new sketch of him. he's described as 6-foot 2, 200 pounds. sheriff's deputies say on tuesday he got inside a woman's locked apartment near walnut creek. she did get away but investigators say the same man rained a woman -- raped a woman last month and tried to assault
another one in june. in san joaquin county they are asking neighbors and -- a city of about 1 5,000 is recruiting volunteers to help with odd jobs around time. there is a long list of chores to choose from since the park maintenance staff was laid off. >> what we are very proud of and make sure it didn't fall to a level by which we all become a little bit embarrassed. >> i would do it. >> reporter: the city is planning to post a list of volunteer projects online to help drum up support. first women were told to wait and then doctors realized that there was no reason why. the new recommendation on conceiving pav a miscarriage. and if you think your bottled water is what comes out of your tap, you might be
westing your money. the bottlers that get their water from the faucet. an airline is giving you the chance to buy something real on facebook. it will pan ought to be warmer weekend but we first got to get through your get away friday. the forecast as eyewitness news continues right clear on the cw. [ son ] i'm a good son. dependable. i call my mom every week.
i even bought her a computer with my new citi forward card. then one day... have you seen this? she "friended" me. there's a whole album. [ laughs ] [ groans ] and started posting pictures. ♪ and tagging me. publicly. [ male announcer ] you ought to be rewarded for being dependable. the citi forward card gives you extra points for paying your bill on time and staying within your credit limit. [ woman ] nice tights. what's your story? the citi forward card can help you write it.
health organization had turns out sooner might be better for women trying to coon receive after -- trying to conceive after a miscarriage. the research that is changing that. >> she can watch the video of the baby in her womb for hours. >> this is our miracle baby. >> reporter: his conception took years. she became pregnant but then miss cared. >> when we lost it it was hard. >> reporter: but just two months after the miscarriage, they use tried it again but were unsuccessful. >> i have heard that it's better for you to wait. >> reporter: at 38 she didn't think they had time to wait, however the world health organization recommends women wait six months to become pregnant after a miscarriage to reduce the risk of a second one. >> there really were no rock
solid studies. >> reporter: now a study of 30,000 pregnant women finds there is no need to delay. according to the study, conceiving within the first six months was associated with a decreased risk of miscarriage,ic topic pregnancy and other complications. >> i have always toll my patients whenever you are ready. >> reporter: she does believe it now. health watch. uc berkeley backing off on plan to provide dna information on incoming students. about 600 students sent samples as part of the bring your genes to cal program.
but the state department of public health found the program violates state medical testing laws. the school will keep information retrieved from the dna samples anonymous and still present it in its lectures. a bug larry suspect was caught on tape prowling around a home with 9 surveillance cameras. the guy with the baseball cap went all around this house yesterday afternoon. the alarm system was off, but what the suspect probably didn't know, the homeowner sells video i don't cameras and install security system. >> it picked him up in the garage, breaks into the house, comes down the hallway would s main kitchen area. then the two cameras here picked him up. however, authorities are still looking for the suspect. >> got a good mug shot right there. we have some weather to talk about. we do, for those of you who
are anticipating the meteor shower tonight, low clouds, if you plan on seeing any of these 70 like shooting stars per hour, you're going to have to a high at to do, otherwise tonight, temperature-wise in the 50s. 56 degrees in red wood city. we do have that strata us in the form of a very deep he marine layer. -- deep marine layer. we will continue to surge into the bay and scatter into our inland areas a good 70 miles i looks like by tomorrow morning, we will not be able to see it but we will see the clearing at the bay earlier than even today and some partial coastal clearing. now, meanwhile the upper-level trough is still layingening out overhead. it's pretty persistent. it's allowing the temperatures
in the central valley to warm to the low to mid-90 is a little bit more season al. 84 you're friday in san jose. in fact, you have to go back to the 4th of july to find season altemperatures here in the bay area. east of the bay, ranging from 58 degrees in richmond. 60, berkeley. santa rosa 75 degrees. we have not had summer arrive yet to the santa rosa area. otherwise, 74 degrees with an abundance of sunshine. take a peak. looks like saturday will be a repeat performance. warmer conditions on sunday. but summertime returns here on monday through wednesday. numbers peeled back on
thursday. thinking about heading to -- never looked so good according to -- we thank you, sir, keep the photos coming. >> i hear the wild flours are still blooming because the spring was so late. >> and the water continues to fall, big time. it's epic. >> attention bottled water dryers. now this may be hard to swallow. a watch dog group found 48% of all bottled water sold in the united states is actually filtered tap water. that's up from about 33% a decade go. research he was say -- are the three largest brands to rely solely on municipal water supplies. it's cheaper. they are also having a harder time getting access to spring water. california is a step closer to making it illegal tore
businesses to charge you for using your debit card. they passed a bill today that would prevent merchant -- they usually range from about 40 cents all the way up to $1. but they are found at gas stations where you have to push yes or no. and convenience stores. governor schwarzenegger hasten days to sign that bill but he hasn't said whether he plans to sign it. update your status, post a few pictures and now book a flight. delta airlines say it has opened up a virtual ticket window on facebook. the company says that it's the first airline to allow users to buy plane tickets without leaving the social networking site. delta says its working on ways to make it easier for groups of people to coordinate their travel plans together. >> that's nice. they say it's true and you might have seen the video of it. tonight's good question tackles the tale of the fish that walks
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from rats down to basically their normal diet of fish. >> imevans says the make head fish, native of southeast asia and africa has been the focus of intense urban legend right here. first, that they can live out of water. >> first of all, it's a fish and so it cannot live out of water. it would die. but in places where there is a lot of rain, maybe a lot of moisture in the air, they can live out of the air from three to four days. >> there have been videos of snake heads wiggling through mud, prompting another misconception that they can walk. >> it would be more of a digging in and doing the flop with a tail kind of helping their low could motion, right? >> reporter: he says they have been known to grow more than four feet long weighing more than 60 pounds. the real fear is they will take hold here in the u.s.
jamarcus russell told espn that he failed a drug test after he was selected with the #1 overall pick i raiders quarterback jamarcus russell told espn former raider quarterback, told espn that he failed a drug test after he was selected with the -- 2007. the drug was could dean. russell was cut replace by jason campbell who went 7-13.
no touchdowns against dallas. kyle wins the game for the raiders. nick miller, how about that? >> undefeated. >> here we go. >> here it is to rub it in. boyd. >> the raiders, the raiders. >> if it's fair, it's gone. it's gone. giants with a 7-3 lead. the bullpen gave it all back. bases loaded andres torres fly ball that's all he needed was a sac fly. this ends up a long base hit. sends everybody homes happy. they escaped, they win 8-7. pga championship for the first time in seven official rounds, tiger woods was under par barely. he shot a 71. he's three strokes back of bubba watson and fran -- well, it would have been an eagle. >> well, i don't think so.
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