tv NBC Bay Area News Tonight NBC September 8, 2021 7:00pm-7:30pm PDT
i'm raj mathai. next on nbc bay area news tonight, elizabeth holmes swarmed by cameras in san jose. we'll show you who walked into court with her, and now her text messages to her boyfriend may be used against her. also vice president harris back in the bay area. >> good to be home. >> she's here to support governor newsom, but will it be enough to keep his job. and larry elder, the confrontation that cut short one of his trips today. jeff ranieri has details of
the incoming storm. good evening. this sens about bay area news tonight. i'm raj mathai. a lot happening on this wince. two bay area stories that are getting international attention. let's start with elizabeth moment who prosecutors call a liar and cheat. people started lining up at 4:00 a.m. to get a glimpse of her. quite a scene it was. the 37-year-old with her husband by her side as she left the federal courthouse in san jose this afternoon. hundreds of journalists and onlookers. the underlying question here, did elizabeth holmes scam her investors and the people who used her product with her revolutionary blood testing company that didn't work. holmes was the rock star ceo and co-founder of theranos. marianne favro was at the
courthouse. >> reporter: surrounded by a sea of cameras, elizabeth holmes entered the federal courthouse in san jose with her partner billy evans and her family by her side. she faces criminal charges of defrauding investors and patients about the success of her blood testing company. she listened attentively during opening statements as prosecutors described her as a calculating cheat. >> the prosecution is going to portray elizabeth holmes as a con artist. someone who is dynamic, believable, charming and has the ability to convince people to go her way and invest in theranos. >> reporter: holmes' defense attorney told jurors that a failed business does not make the ceo a chrism nal. he said holmes made mistakes, including hiring her
ex-boyfriend balwani to be the coo and relying on him to ensure accurate test results. prosecutors filed a brief that includes six pages of text messages between holmes and balwani. they include love messages and messages about the investigation. they plan to undercut claims that she was being abused by balwani and being used by thayer noise. >> abuse partner defense carries a lot of risk. if the jury believes this is disingenuous it could clearly backfire and be a big problem for ms. holmes during the jury clib rags. >> reporter: the prosecution says it caused real risk to patients, including a test that showed a woman was not pregnant when she was, and inaccurate hiv
tests. holmes declined to say anything to us as she left court today. the trial is expected to last three months and could include witnesses from rupert murdoch to henry kissinger. >> not just her husband but her parents by her side in court today. it's been six years since theranos was revealed. but she wasn't phased and appeared on cnbc soon after that report and denied any wrong doing. >> what do you think's going on here in. >> this is what happens when you work to change things. and first they think you're crazy. then they fight you. and then all of a sudden you change the world. and very to say i, i personally was shocked to see that the journal would publish something like this when we had sent them over a thousand pages of documentation demonstrating that the statements in their piece were false, but what we're doing things differently, and we're
working to make a difference. that means people raise questions. >> that was in 2015, that distinct voice, distinct demeanor, appearing confident with jim cramer. who's going to testify in this trial? will we see rupert murdoch, who was a theranos investor, and what about the text messages we heard about with her ex-boyfriend also accused of fraud. joining us, paula canny, part of some big trials throughout the years, scott peterson of course. nice to have you back on the program, paula. you've watched a lot of these high-profile trials unfold, what stands out at this point? i know it's early, but what stands out to you? >> this trial has a little bit of everything. as you said, there's greed, thievery, a lot of really rich people lost a lot of money. there's a little bit of love for her boyfriend, sonny balwani was
initially charged as a co-defendant, but elizabeth holmes got the case severed. that means they're he being tried separately, and she's saying all the thing the she did is because how mean he was to her. elizabeth holmes saying you are my breeze in the desert, my ocean, my everything. so that kind of, exactly, flies in the face of her being an abused person. i mean, it's an amazing marketing scheme. she started this at the age of 19. 19. she wasn't even old enough to have a drink, and she'd already raised millions of dollars. i mean, at one point, theranos, which is, she made up the name, she's a brilliant marketer is therapy and diagnosis. theranos, and she had this machine called the nanonater
that was going to keep tease little droplets of blood so instead of having to do a blood draw you do it with a pinprick. and this machine called the edison was going to analyze all this stuff. all these people believed, oh, my gosh, here's this revolutionary way to do it. >> it turns out, paula. >> she said all this stuff stuff. >> and as it turns out, it didn't work. you've been in these courtrooms on the strategy side of things, does this defense, can it work if this is the path they're going down of a spouse or boyfriend or ex-girlfriend that kind of badgers you into doing something. does that work in a court of law? >> i mean, right now, in this day and age, this sort of with the me too movement, i think it has been quite powerful, but it's unusual, it's usually the man who's on trial and the woman saying he victimized me. this is slightly unusual,
because her co-defendant, who she was severed from, so yes, this will be one aspect of it. the other thing i want to make clear is that even though a lot of people lost a lot of money in theranos, elizabeth holmes still quite a wealthy woman. she has a super high price defense team. the lead lawyer is from williams conley, the law firm that represented william clinton in all of his difficulties with monica lewinsky, her boy friend is a, you know, gasl air, heir to a huge fortune. she has resources to launch a defense. >> will she go to prison at all? >> if she's convicted of even one count, she's going to go to prison. so the prosecution, even though there's ten counts of wire fraud
and two count the of conspiracy, the prosecution just wants one count, and yes, i think she will be imprisoned if she's convicted of even one count. >> as we wrap this up, let's talk about the witness list. dozens of people are listed as possible witnesses here of the theranos board members, former secretary of state henry kissinger, jim mattis, investors like rupert murdoch, john carreyrou. what does it take to get them in court, and how does it work? >> the only thing that takes to get them into court is a subpoena. even if you're rupert murdoch, if you are served with a subpoena, you have a duty to obey that subpoena, and you're going to come to court. each of those people on that list were investors, and henry kissinger was an investor, george schultz, sat on the board. i mean mattis was on the board. a lot of really wealthy people,
fully believed and fully committed to what, you know, elizabeth holmes saying. so they're going to come and say they believed what she said, and they invested money, and then the federal prosecutors are going to show that what she was saying to them wasn't true and at the time that she said it, she knew it wasn't true, and there's the crime. and if they believe that evidence, she's going to get convicted. >> paula, thank you for your time. we're probably going to check back with you as the trial progresses. >> i hope so. thank you so much. >> you too, paula. our reporting continues at nbcbayarea.com. one of the things you can find thayer, look at the historic $135 million estate in woodside that we just mentioned, paula did, that elizabeth holmes calling home right now during this trial. find a link to the article also by clicking elizabeth holmes
trial right there at the top of our home page. remember this, last august we experienced something we don't see too often. at least in the middle of the summer. hundreds of lightning strikes across the bay area. that of course led to a lot problems. that lightning sparked some of the biggest wildfires in california history. and we have a risk of this happening again tomorrow. jeff ranier see with us right now. what's happening, how serious, how close is to to the bay area? >> what we're seeing is this system moving up the coastline. with the rogue nature of thunderstorms it is possible we could get lightning strikes here in the bay area. but the better chance really looks like it would be off to the north and east. that's going to make way for this system off the coastline to move in. it's going to pull in humidity and instability from the south
bringing us the thunderstorm chance. we don't often get a southerly wind in the upper atmosphere. that's why this is a rare situation. when we get this southerly wind moving in it really kind of turns our weather pattern on its side and we get things happening like this. >> not just the bay area. we could see lightning in the region, which would cause problems for us, in terms of wildfire. >> our typical wind comes out of the northwest. that's why we usually don't have the lightning strikes and all that stuff happening. you can see we're looking at the highest threat in the north bay, east bay, from 5:00 p.m. tomorrow until friday morning at 9:00 a.m. go we should be clear, if we get clear, by the weekend. >> we can show you, i think this definitely is going to put everyone's nerves on edge. we get one lightning strike and we could get fires started. we get instability just to the north of us. it's really choice.
you can see it right there, as we roll through 11:30 on thursday, the best chance remains to the north of us, and the same thing into early friday morning right over the sierra. so, to the north and over the sierra, that's the highest risk. for us, we have the possibility, but we're on the slight end right now. but, again, we get one lightning strike, it could spark a fire. >> we'll see you later on in the program. up next at 7:00, we're breaking down the recall election six days away the tan away, and it may cost you more to park your car. you're watchingens about bay area news tonight.
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welcome back to nbc bay area news tonight. friends in high place. is it going to work for governor newsom. vice president kamala harris hopped on air force two and headed back home. the two campaigned at an electrical workers union office in san leandro. the two blasted the republican frontrunner, conservative radio talk show host larry elder for his previous comments on climate change, immigration and women. also joining this duo, president
obama. >> it took one person, who is gavin newsom, to make hard decisions. in a moment of crisis. that was unpredictable. >> eat your heart out, texas and florida, we have better health outcomes and economic outcomes during this pandemic. >> we mentioned president obama. he has several ads in support of governor newsom. this rally also drew anti-governor newsom protesters. some want the biden administration to do more for refugees. as for larry elder, he spent part of his day voting, down in l.a. where he lives. after casting his ballot, he talked about governor newsom relying on the vice president and president obama and president biden to campaign for him. >> i think it's interesting that they're so afraid, they want to federalize this election. this is about california.
this is about crime, the rise in homelessness, about the way this man shut down this state ignoring science, a third of all businesses are gone forever. it's about the fact that people are leaving california for the very first time. >> elder toured a neighborhood in venice where residents pointed out where drug users were leaving used needles on the streets. a crowd of hecklers followed along shouting and as it increased someone threw an egg, actually, which just missed elder. at that point, his team hustled him into that car and that event ended earlier than expected. now we asked on social media what you thought about president biden and vice president harris coming to california to campaign for governor newsom. president biden expected to come here in a few days. our digital correspondent abbey fernandez joins us. i'm getting a lot of people weighing in on the political sense of this. >> many people in the comments responded to the question by
expressing their support for the recall, others like janet agyry says she shoves that president biden and vice president harris are barking newsom. our viewer szyymcio says president biden and vice president should not participate in the politics. another said biden and harris have far greater things to focus on. we're seeing a lot of mixed messages in the comments, raj. >> thank you, abbey. you, too, can be a part of the conversation. let us know what you think about kamala harris and president biden supporting governor newsom in this recall election. want to get you caught up now on some other headlines we're watching tonight. we're under a flex alert at this hour and tomorrow. cal iso is asking everyone to limit their use of air conditioners and hold off on running major appliances until
after 9:00 p.m. to help avoid the rolling blackout. there have been more than half a dozen flex alert this is summer. thanks to conservation efforts, no rolling brachouts have been necessary so far. it was a dense day in gilroy after police got into an early morning shoot out that ended with one man dead, it began around 2:30 a.m. when police were called to the post office near fourth street for reports of an intoxicated man. according to police, the man immediately pulled out a gun of some kind and fired at the officer, missing him. that's when the officer fired back, hitting the man, who died a short time later at the hospital. the owner of a nearby business says he's glad the neighboring preschool wasn't open at the time this gunfight unfolded. >> it was too close. >> reporter: you guys are pretty close, too. >> yeah, we're only maybe 50 feet away. it's very close. it touches home really good.
>> at this hour, investigators have not identified the man who died and what type of weapon he used or if the body cam video is available. some of your favorite outdoor spots could start charging for parking. the national park service is considering adding fees for some of the busiest parking lots. the proposal would set up a parking fee of $3 an hour with a maximum of $10 per day. the parking lots that may start charging include baker beach, land's end and rodeo beach in marin county. bigger crowds are leaving behind more trash and beaches need more cleanup. up next we're going to take you back outside. the a's getting ready to host the white sox. jeff is going to return with his forecast for tomorrow.
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come home now, they're being warned to be very careful because bears could still be inside their homes and condos and houses the and the state is also providing photos showing rv owners are vulnerable also. if a bear's in your home or rv, do not attempt to chase it out yourself. more likely. >> aye. >> people are going to be running in the other direction. >> i will be going the other direction. a mix of fog at the coastline. the inland areas, we'll show you on our weather maps here, it's uncomfortable. >> hot. >> 80s into 9:00 p.m. >> are we done with the heat now? >> we are. we'll show you what else is going to be moving in in case you missed the segment at the top of the show.
that will bring in a southerly wind. unfortunately some thunderstorm chances. we have a fire weather watch up for the north bay and east bay thursday night into friday morning because we could have isolated thunderstorms that do spark some wildfires with lightning. now the best chance would remain to the north and east of us. we're going to be watching that. we'll begin with 60s. areas of fog near the coastline and high clouds filtering across. we talk about the temperatures and look at how much better it is. instead of those low 100s, down to 89 in concord, 82 in san jose. and you got your cool 60s from san francisco right through half moon bay. my seven-day forecast in san francisco has a beautiful weekend. temperatures in the mid-60s, for the inland valleys, no more 100s for now. lots of 80s through the upcoming weekend. we're done with the heat again.
thunderstorms, we'll be watching out for those thursday night and friday morning. >> i like the heat coming down, it's starting to get darker sooner. summer is slowly leaving us. >> it is. >> thanks for joining us here at 7:00. for everyone here at nbc bay area, have a great evening. we hope to see you back at 11:00. california! all of our homes share power. but heat waves can stretch our supply to its limits. flex alerts remind us when to use less energy from 4-9pm. so we can all stay up and running. sign up today.
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♪ it could be that he genuinely believes, hey, maybe she's doing better. >> dad calling for an end to britney's conservatorship. >> what is going on back here? ♪ carrie underwood's sunday night football exclusive. but it has the kids a little confused. and will "dancing with the stars" fans be pulling for