>> on kpix5 a woman speaking out out after her sexual assault inn sparked a fire storm for san francisco police. good afternoon. i am elizabeth cook. >> i am ryan yamamoto. we told you about the woman whose rape kit was used to charge her with a cream years later in an unrelated case. this raised questions about collecting dna evidence and force changes to state law. now she's speaking to she's speaking to cbs news. >> reporter: at the time did yoe any concerns about submitting ae kit? >> no, no.

>> reporter: no privacy concernt sharing your dna. >> no. >> reporter: this woman gave dno san francisco police after raped after raped in 2016 in hopes ofg the suspect. police by their admission added it to their criminal database and used to arrest and charge her with theft theft last year. >> i was in jail 14 days. >> reporter: if you had known yr dna would go to a general datab, would you have been more hesitant about submitting it as part of a sexual assault? >> yes, absolutely. >> reporter: would you have subd it? >> no, i would not. >> reporter: charges dropped afr da learned how the evidence was obtained. now attorney pointer filing a federal civil rights lawsuit on her behalf against city, county of san francisco and employees claiming use of of of of dna was unlawful search and seizure. >> what you have is turning thee

system and lead principles on their head by gaining someone's consent to the most personal thing they have in this moment and cataloging that for weaponizing against them for an unrelated purpose. >> reporter: it's illegal for da to be used in federal databases but there is no law to stop officials from storing and using and using it for other purposesa technology and privacy expert at expert at stanford university. >> is this case an indication we losing possession of private dn? >> it raises deep concerns. some was most vulnerable and gave up dna for a criminal investigation criminal investigation for juste and had it exploited. >> reporter: the crime lab stopd the practice after the incident admitting it had been storing dna of violent crime victims and and victimized children.

>> i am not an animal. i don't want a specimen collected in anyway. i am no one's pet. i belong to one person, and that's and that's god. >> reporter: we own this error.e city says it is committed to eng victims of crime feel comfortabe reporting issues and it's taken steps to safeguard victim infor. it didn't say what the steps ar. is there expectation of privacyn you submit dna to the police after an assault. >> the police when they get thea and permission, they don't tell you i can use it for whatever reason i want. good, bad, i can sell it, let other people access access it. when a woman or person is in that vulnerability and the police say this is the key we need to help us help you, help you, that person isn't

thinking i have given away my rs for a lifetime. >> reporter: experts say the int can have a chilling effect on rape victims' willingness to come forward. >> what do you want to see happ? >> i want to see justice. i want want to see women being protect. i want to see respect for humany for individuals. i want respect for myself. > >> governor newsom signed a lawt bans use of dna collected from sexual assault victims for anytg other than identifying a rape suspect. > >> police in stockton credit the credit the community for recent arrest of a serial killing suspect. 43-year-old wesley brownley will be in court tomorrow. he is accused in six killings, five in stockton, one in oakland last year. investigas are working to establish a motive. a facebook group that

passed tips to investigators was was vital in catching the suspect. > >> new developments in the trial the trial of elizabeth holmes. a holmes. a former lab director testified today. this is after it was revealed he visited holmes' home and allegedly said he felt he did something wrong with his original testimony. toy he told the judge his testimony was truthful and holmes needs to needs to pay her debt to societ. holmes is facing up to 20 yearsn prison for misleading investorsa new sentencing date was set for november 18. > >> let's go to meteorologist dan peck. no marine layer. >> we did have some this mornind it showed us an important weird clue to how the weather is chan. watch what happened between 7:3d 8:30 in the morning. marine layer. you notice what's different? this is going the

opposite way. it was going out the golden gate. you almost never see that. the reason is because today we picked up more of an offshore flow. we developed enough of the marine layer in the bay and offshore ws blew it out of the golden gate.e winds are your sign of a warm up. today we are going to warm up, not drastically. we are goig to warm back to average. if you look at where we are going for e highs, those numbers are on the mark. this was day one of a four four day warm up. by wednesday we'll be near 90 for warmest inland spots. i will show you that in just a bit. > >> today marks 33 years since te 7.1 earthquake in northern cali. the san francisco fire departmet will hold a commemoration. it happens at the observation platm called the beau monument in front of a fire station along embarcadero. today's public event starts at 4:00 p.m. at fie

station 35. > >> members of san francisco asin american community pushed for vs to support prop 1. city and state leaders gathered for a news conference in chinatown. it in chinatown. it would put abortion and contraceptive righs in california's constitution. ss argue this is necessary in case congress one day acts against abortion rights. >> because while in the state oa we have enjoyed the right to choose, that right is not. oppos have argued it is too vague and lacks language that would limit late term abortions. > >> in san francisco a differentt is closed once a week to traffic to traffic to allow residents te out and play. it is called sunday streets and it's proven popular. now some are saying it should be permanent. >> reporter: phoenix day in san,

celebration of the end of the season for the sunday streets program. if people on this particular street get their way, way, it's only the beginning. >> it's a rough place and a lotf people can't take it mentally. >> reporter: lewis murphy sees t every time he works a shift helg people cross streets of the tenderloin. he especially worries about the kids. >> this is a lot of mentally il. if i was a child and had to walk walk that with people doing drugs or drinking, i would t ys and small parks fenced off from grim realities of the most desperate neighborhood. >> i believe there is a statistc that says for the amount of people that live in the tenderloin there is a yoga mat size of open space for them. ths ridiculous. we need space for ks to be kids.

>> reporter: when they close a t to cars and let people play like like this day, it's a big deal for the neighborhood. that's why why a coalition of community groups are proposing permanently are proposing permanently restricting traffic on the 100 block of golden gate avenue and installing green space and a place for people of all ages to come out, relax, and just have a a little breathing room. >> creating an entire block's wh of open space exponentially expands the opportunity. so it l be a complete game changer. >> there are plenty obstacles t. overhead transit lines have to e moved. if and when it is complete those organizing say the green way could provide something the tenderloin has lacked. hope that things here can change. >> you do it one block at a tim. if you can show what you can don one block, why can't you on another block and a third blockd

a fourth block? so many people are down on the city, down on the tenderloin and i think we need to be the change we want to to see. then a lot can happen. i can happen. i think we can dream dream big. >> the money would come from thy and public fund raising drive. s say this he don't have a time line for completion but hope the the first phase can be finished within six months. > >> cool down for red hot housing hot housing market in

>> let's take a live look at the at the big board. it is up almot 530. mortgage rates are at the t rate since 2002. >> those are helping cool some f the hottest housing markets. tht includes a market in the bay area. our cbs reporter has more. more. >> reporter: inflation, soaringe rates, record high prices making making it extremely hard for many americans to buy a home. >> it is very expensive. >> reporter: housing affordabily is down 29% from a year ago. his are putting pressure on the real real estate market. >> we have seen mortgage rates e just this year. in some markets we are starting to see prices gn from the high levels. >> reporter: nationwide home prs soared 43% in two years. in cities that had the massive spis

prices are being slashed. fastet are san jose, san diego, sacram, denver. holding strong are chicago, albany, milwaukee. >> a year ago people were buyins sight unseen, multiple offers. d time to put an offer at a lower number. >> reporter: this l.a. realtor s buyers and sellers need to adapt to adapt to the changing market. market. >> it's just a changing market.n 2008 that was a crash landing. t will be a softer landing. it will be over time as people are adjusted to new rates and purche price. >> reporter: experts say despite cuts the average monthly mortgae payment is higher than if you bt at the peak of the market and if if the rate drops you can refinance to ease the pain. > >> there is a sense of disappoit for 49ers fans. the team is searching for positives of yests

loss in atlanta. here is vern glenn. > >> 49ers dropped sunday's game in atlanta to fall to 3-3. good news, they have a share of first of first in the nfc west. defene surprise considering they were down seven starters. mariota hurt them with his arm and legs, arm and legs, completed 13 of 1s and ran for 50 yards. they won 28-14. it didn't help that the s offense failed to score in the d half. >> we have a standard that we py at. we play at high level, 100%, effort. i don't know if we gave that today. >> suck it up. watch the film on on the flight. get after it tomorrow and move on. big ones next week. > >> do my eyes deceive me? is

that blue sky i see? >> i know. it's not fog-tober. >> it's amazing. >> it may come back over the net days. we will start shifting focus now to the warm up. the reason why the marine layer clos are gone is it is got broken up by a weak storm off the coast. u can see the high clouds. we haven't seen high clouds like tt in a while either. all we are getting from the system is the clouds because we are still being dominated by a ridge of high pressure that won't let the the rest of the storm come on shore. as a result we are starting a warm up. today's numbers show that. we are going back up to average. upper 70s is is a jump from yesterday. today we jump up quickly to average. w we will keep going. let's use

inland valleys which are usually usually the warmest spot. 78 would be the average, watch the orange line and you see where we see where we are going. that is 90. a 20-degree jump from sunday sunday to wednesday. you will feel this if you are inland. i l show you the seven-day forecast for everybody. we are all not going to 90 but everybody will get a considerable warm up. i want to discuss after the warm . we see yet again another storm d off the coast. that's not the one i want you to watch. it's this one. that weak storm had to to go all the way over california. we are still under the influence of the ridge of high pressure. ittoo far inland, inland, won't get rain but may feel offshore winds as it passes. this will be saturday de we've gotten head faked about three times so far this fall. te possibility appears to be loomi.

here we are again and if we get, it will be saturday and sunday.t doesn't look like a major event but we are in fire season so we will watch it. there is your seven-day forecast, warm up wednesday and cool down by the . if you are going to the

>> alert for parents in santa c, new covid booster for kids five and up have arrived. the county health director said new vaccines came this morning. stag tonight parents will be able to make appointments. these are upd bi valient boosters. even if you you have your other shots, this will help protect you from future strains. >> the other vaccines were justo the first strain. this is against ba-4 and ba-5, a newer strain. it stimulates your body. body. >> currently only 11% in santa a

have received the updated shot. > >> doctors warn that the new sen is expected to be especially ba. we are already seeing supervisen the east coast and southern cal. devin fehely spoke with infectis disease expert about what we should be doing now. >> flu is back and with a venge. >> reporter: the ucsf specialiss upcoming changes are this will pack quite a punch meaning it will make you seriously sick if not worse. >> i wouldn't wish that on my wt enemy. it really makes you feel like you are hit by a dump truck. it's like a common cold times 100. >> we have heard the dire predis from doctors in the past but whs different this time? he says all all the precautions taken during during the pandemic have had unusual side effect. we've had

less exposure to and less preparation for the flu. when it it gets us, it really hits us. >> the population in general hat seen a lot of flu for a few years. what it means is unlike d we are more vulnerable. >> reporter: it is important tow that flu unlike covid impacts very young and very old most. sr lining is we have flu shots which should tame if not elimine both. >> you can get flu and covid ate same time. i got it myself at the same time. > >> pilsner for

naomi: every year, the wildfires and smoke seem to get worse. jessica: there is actual particles on every single surface. cooke: california has the worst air pollution in the country. the top two causes are vehicles and wildfires. prop 30 helps clean our air. it will reduce the tailpipe emissions that poison our air. kevin: and helps prevent the wildfires that create toxic smoke. that's why calfire firefighters, the american lung association, and the coalition for clean air support prop 30. naomi: i'm voting yes on 30.

cotton candy. pink lemonade. bubble gum. when tobacco companies sell candy flavored products, they know exactly what they're doing because four out of five kids who use tobacco start with a flavored product. and once they're hooked, they can be addicted for life. this election: we can stop big tobacco's dirty trick. voting yes on prop 31 will end the sale of candy flavored tobacco products. saving kids from nicotine addiction. vote yes on 31.

>> some people in the south bayg their cards wrong. how police broke up an under ground casinod what else they found during the. that and more at 3:00. > >> let's check in one last timeh darren peck. > >> we have got a warm up underw. temperatures will go back up toe f you are stepping out now, we are already upper 60s. we will climb from here close to anothen degrees. the real headline is the warm up bay area wide for tuesday, wednesday, thursday. te city will go to the mid 70s. san mid 70s. san jose will make it o

mid 80s. warmest will hit 90. it 90. it is short lived. by weekend we'll be back down to ae in the mid 70s. > >> busch beer offering a holiday a holiday beverage for your foud friends. it is not what you think. >> it is nonalcoholic so it wont make your canine tipsy. four packs are about $15 and availabe online. sounds like it's gravy. >> or a broth. i am sure they'd

>> katie: bill has made it clear that um, he wants me back. >> carter: and how do you feel about it? >> katie: i don't know. i take everything that bill says with a grain of salt. >> carter: he might be serious this time. >> katie: he might not be. >> carter: well, you won't know unless you give it a shot. >> katie: i'm given him lots of shots. >> carter: and you don't want to risk getting hurt again. >> katie: i... i know bill means well, but i'm in a really good place right now, and yes, a part of me is tempted but we got this issue, this very large issue between us that's just not going anywhere. >> carter: his feelings for brooke. >> katie: yeah.