they are alling attention to mehserle for the shooting of oscar grant. carolyn tyler explain hass is going on. >> reporter: the port of oakland came to a virtual stand still two years guy as long shore workers protested the war in iraq. now, they say they will do it again throughout the bay area on saturday to honor oscar grant. >> we are sending a message to the powers that be that justice has to be served here. >> reporter: a port spokesperson is downplaying the demonstration saying it is simply a change in the date of a monthly union meeting. >> and so all the work schedules have been adjusted accordingly. there won't be any significant impact on cargo or maritime operations on saturday. >> reporter: but organizers say 1300 longshore workers will not show up for work. >> the port of san francisco, port of oakland, the port of richmond, ports of benitia, if redwood city if they have anything scheduled for that day, it's not going to move. >> reporter: it is the latest in a battle by both sides of the volatile case to public opinion. beyond the protest

. >> and attorneys for former bart officer mehserle are citing new evidence in filing a request for a trial tonight. mehserle found guilty of involuntary manslaughter in a new year's eve shooting death of oscar grant in a bart station last year. mehserle claims he fired a gun when he thought he pull aid taser, asking for a second trial, his attorney cited evidence an officer in kentucky made what they called a same tragic mistake as mehserle but not found negligent. >> and a new report says prosecutors are going too far to get convictions and most of the time they get away witness. that is according to northern california innocence project today released the results of a year-long project. abc 7 reports on a problem they say needs more attention. >> reporter: rick walker spent 12 years in prison for a murd yes he didn't commit. in 1991 prosecutors entered a deal a co-defendant who lied when implicating i can rik as a killer, rick was released in 2003 with an apology and a monetary settlement. >> my son was a boy when i twont prison. i came out, he's a man. >> rick was on hand today wh

. >>> new details, the attorney for johannes mehserle asked a judge for a new trial, he says new evidence has been gathered since he was convicted in the shooting death of oscar grant. the attorney says the jury did not hear about a similar case that happened in kentucky where a officer did the same thing, mistook his gun for a taser. that officer was not convicted. the motion will be heard on the same day as johannes mehserle sentencing, november 5. >>> a plan to force fast food restaurants children's meals healthier. a committee passed the effort today. it would require restaurants that promote toys with meals to also include fruits or vegetables and they can't have excessive calories or fat. the mayor says he does not want to dictate how restaurants make their food especially when mentiony have healthy choices available. >>> cloudy conditions right now. tomorrow, the cloudy conditions will continue. in the north bay clearer conditions. tomorrow, cool temperatures and a chance of showers. 20% chance of showers in the east bay hills. rest of the week cool conditions will last till thursd

he'll decide mehserle's fate on november 5th. >> anxiety. there was concern. i mean, you know, we were betting people based on the history, johannes is going to go home on probation. no one wants to see that. that's what this is about. >> grant's family and friends want mehserle to serve a minimum of 14 years. >> grant's family will read this letter in the courtroom before sentencing. >> oscar deserves justice. he shouldn't have been shot. he shouldn't have died january 1st, 2009. his life and his experiences were robbed from him. >> the pleas may reach a los angeles courtroom which is exactly what mehserle's attorney doesn't want to happen. >> the judge should grant him probation, release him immediately, and to let him reunite with his family. and that will be a mightily unpopular decision, too, if that's what the judge does. >> there was a huge police presence. officers were all around the plaza and many more were stationed on adjacent streets. so there were no issues and no arrests. in oakland, lisa amin gulezian, abc 7 news. >> the two u.c. berkeley grads

mehserle said he thought he was using his taser. he's scheduled to be sentenced november 5th. >> state senator leland yee says he's being punished for voting against the budget. he's been stripped of his post of the senate. he killed the bill for tax relief and they reintroduced it without his name on it. he says he refused to vote because it included devastating cuts to schools, social services and healthcare. >> 20 years after anita hill accused clarence thomas of sexual harassment, his wife is asking for an apology. the accusation rocked his confirmation hearings in 1991. anita says she got an unexpected voice mail two weeks ago. good morning, anita hill. it's jenny tom malls. i wanted to reach across the airwaves and years and ask you to consider something. i would love you to consider an apology sometime and some full explanation of why you did twha you did with my husband. give it some thought and certainly pray about this and come to understand why you did what you did. okay? have a good day. that's a quote. hill who is now p

mehserle was convicted in july of involuntary manslaughter. grant was an unarmed bart passenger and was shot to death after several bart officers tried to subdue him for fighting on the train. mehserle's attorneys say that their client has already paid the price for what happened, but prosecutors say that he needs to serve jail time. mehserle could get 14 years or more in prison. >>> you can certainly count the hours until game one of the world series, even the minutes if you really wanted to. we have live team coverage continuing from at&t park coming up. >>> a nice-looking shot out there of mccovey cove, one of the places despite the cd mpmperatures hoping for a home run ball. insanity is doing the same thing over and over again and expecting different results. insanity is doing the same thing over and over again and hoping for different results. i've built businesses. i've built a business. met the payroll. met a payroll. i enter this office beholden to no one except you. i will owe my office to no one but you. i don't owe anyone anything.

for a real gun as they claim mehserle did the night he shot grant. mehserle is scheduled to be sentenced next month. >>> yet another dead whale surfaces in the bay area. the face of the bell salary surfaces in court. and our first look at weather in two minutes. ,, people! look at you! texting...blogging... all this technology, but you're still banking like pilgrims! it's time for new school banking, bubbie. interest plus savings at capitalone.com. why earn bupkis, when your savings can earn three times the national average!! three times the national average!!! new school banking at capital one bank. with interest plus savings, go to capitalone.com!!!!! what's in your wallet? somebody help me down. erangry peasants can mess up a i parkcar really bad.tle at "medieval knight fest". matt, my mercury agent, helped me file a claim right away. turns out mercury not only saves me money, but they also cover medieval mob damage. they got my car fixed in no time. call 888-4-mercury or visit mercuryinsurance.com to get a fast free quote and start saving today.

mehserle was convicted of involuntary manslaughter by a los angeles jury earlier this year. he could get anything from probation to 14 years in prison. the family is calling on the judge to issue the maximum sentence. the oakland tribune consulted with legal experts who predict mehserle's jail term will likely be somewhere in the middle. the penalty for involuntary manslaughter between two and four years. the enhancement for using a gun could add ten more years but the judge has to weigh aggravating and mitigating factors before deciding. tomorrow president obama's legal challenge to arizona's immigration law will be argued in a san francisco courtroom. a three-judge panel with the ninth circuit court of appeals will hear arguments from justice department lawyers. it claims the arizona law which requires police to check the immigration status of people they pull over is unconstitutional because only congress can make immigration law. demonstrators on both sides are expected outside the courthouse. it could be weeks, even months before the court issues a ruling. a woman in ye

for his real gun as they said mehserle did. he will be sentenced next month. >>> vandals have hit golden gate bridge again. this time they turned the manicured golf course into an off road driving course. it's happened twice in the past week. on friday, park rangers discovered that someone drove at least one vehicle on to three holes of the course here causing $75,000 in damage. ground crews worked over the weekend to repair the damage but then the same thing happened monday night on the same three locals. now the parks department says they are getting fed up with vandalism. >> i believe our urban park system is spectacular. but you know how much more spectacular it could be if we didn't spend the resources that we are now spending to clean up after people's disgusting behavior? >> there is no damage estimate from monday night's vandalism. so far, no suspects or arrests. >>> the candidates for governor aren't slowing down when it comes to spending. new totals are out and another record is broken with a month until election day.

former bart police officer johannes mehserle has asked for new trial. new evidence has been gathered since johannes mehserle was convicted of involuntary manslaughter in the shooting death of oscar brand. the jury did not have a chance to hear about a similar case that happened less than a year ago in kentucky where an officer in a similar situation did the same thing he mistook his done for taser. that officer was not convicted. it will be heard the same day as sentencing in los angeles on november 5th. taking a break up for 38 more headlines as we come back to kron 4 all morning as tariffs look outside and shot of all money camera.albany. 16 minutes could save you 16%! come on... isn't it time an auto insurer gave it to you straight? that's why you should talk to state farm. but not yet. first, talk to any one of the 40 million drivers who already have state farm. 40 million. yeah, that's more than geico and progressive combined. by a lot. 40 million drivers. more savings. and discounts up to 40%. where else you gonna get discounts like that? call an

police officer, johannes mehserle, is now pushing for a new trial. his attorney says critical new evidence has emerged and mehserle's conviction for shooting an unarmed civilian should be -- should be overturned. >> the district attorney says this has never, ever happened before, ever. in a million times. it's never happened before. guess what. it has. under the law it would have convinced one of the jurors to convince his or her vote. that's enough, then, to grant a new trial. >> if the judge rejects mehserle's motion for a new trial, the form earl b.a.r.t. police officer will be sentenced. he faces probation to 14 years in prison for the shooting of oscar grant. >>> 7:19. texas authorities are still searching for the body of an american man who was shot on the lake that stratle the -- straddles the border. hartley was shot. and they were on the mexican side of that lake. authorities believe the gunman were pirates connected to a drug cartel. police released the 911 call from hartley's wife. >> were you shot on the mexican side or the u.s. side? >>

for a real gun as they claim mehserle did the night he shot grant. mehserle scheduled to be sentenced next month. >>> 5:41. yahoo is getting a face-lift today. the change you can expect to see and how the move is one up on a rival. ,,,,,,,,,,,, [ male announcer ] taxes. so who called prop 13 a "fraud" and a "rip off?" jerry brown. who raised the gas tax as governor, and pushed for higher sales taxes? jerry brown. who tried five times to raise property taxes in oakland? jerry brown. who supported higher statewide income taxes? jerry brown. and who says, if elected, he'll ask voters for even more new taxes? jerry brown. governor jerry brown, again? hide your wallet. >>> good morning. let's talk mass transit. everything is rolling along on time for bart, ace, muni and caltrain. but giants take on the braves tonight at at&t park at 6:30. so bart will be running longer trains for tonight's game. you can get off at the embarcadero or montgomery street stations and then walk it or take muni over to the game. again, longer trains for bart. all right. out to

mehserle testified that he accidentally grabbed his re revolver instead of his stun gun. he wants the verdict overturned because the jury didn't hear about a kentucky case in which a police officer did the exact same thing. >> this is not an accident. mehserle knew where his gun was and where his taser was and he chose to utilize his gun. this is another attempt by the defense to push out sentencing and elongate the case. >> mehserle is scheduled to be in court for sentencing on november 5th which is likely when a motion for a new trial will be heard. >>> tonight fremont police say they have their man. and now they want to get him back to the bay area to have him prosecuted. 36-year-old parolee alexander diaz was taken into custody outside a home under surveillance. they believe diaz purposely struck a motorcycle officer as he was driving a stolen van in fremont on monday morning. the officer is expected to be released from the hospital later this week. >>> the company that revolutionized the way we searched internet is setting its sights on television. scott budman joins

johannes mehserle wants a new trial. his lawyer has filed a 134-page request arguing for joioverturn the manslaughter verdict. a los angeles jury convicted him in the fatal shooting of unarmed passenger oscar grant on new year's day 2009. he said he meant to taz grant but accidentally fired his gun instead. prosecutors told jurors such an incident had never happened before. mehserle's attorney said he learned about a similar case in kentucky. that incident the officer was never put on trial. mehserle is scheduled to be sentenced on november 5th. >> grief counselors are on hand at a san francisco charter school following the death of a student on an on-campus accident. he was an aspiring artist who helped teach art to children at sunnyside elementary. he participated in a non-profit. >> he worked with the kids laying tile, working with clay, working with art materials, doing linoleum cuts. and he was so good at it that over the summer when i was working with teenagers on a six-story at 170 otis street, he worked with me t

police officer johannes mehserle is due to be sentenced one week from tomorrow for the killing of oscar grant. yesterday, beginning 0 the noon news, ktvu brought you comments from grant's family about the tragic and high-profile case. tonight, the other side of the story. rita williams sits down with johannes mehserle for his first interview since the shooting, how he describes that night and what he says grant was doing web he pulled the trigger. you will only see that story tonight on our 10:00 news. >>> the actor who played dano in the original version of the tv version "hawaii 50" has died. he played detective dan comes for 11 years -- dan williams on the show for 11 years. he was the son of herald hayes. there's no word on his cause of death. he was 72 years old. >>> still ahead -- a little bit of good news about the jobless rate. now we're getting information about a planned mission to mars and about astronauts who will not come back to earth and the bay area will play a role. man: empty nest? new kitchen, new us? woman: who are we? chic, modern, daring dinner-party hosts. that so

rita williams spoke to mehserle this week inside the jail. for the first time, you will hear about the shooting and what he thinks will happen at the the sentencing. our special report airs tomorrow night. >>> and carly fiorina is in the hospital recovering from an infection. but it won't deter her from her candidate. >> reporter: boxer spent the day talking to workers of cisco while her opponent fiorina was hospitalized. boxer did not speak about fiorina's hospitalization but she did say. >> my opponent has never served in office. but has voted against every position i've had. >> barbara boxer loves to complain about companies that shift job overseasseas. so why is she giving a speech at cisco where they shift jobs to asian. >>> and later boxer asked fiorina a fast recovery. >> she'll be back from the campaign trail very soon. >> reporter: so she's healthy as far as you know. >> she's healthy as a horse. >> reporter: san jose political analyst jackson says fiorina's health could be back of the voters mind and she needs to show stamina when s

mehserle found guilty of involuntary manslaughter in the 2009 shooting death of os skor -- oscar grant. >> prosecutors state wide are willing to win at any cost regardless of the evidence. that is according to santa clara university of law school innocence project reviewing 4,000 cases of alleged misconduct from 1997 to 2009 and found 77 -- 707 cases of misconduct including a case of a man spent 12 years for a murder did he not commit. he lost a chance to see his son grow up. >> my son was a boy when i twont prison. when i came out he's a man. and i had very little to do with him becoming a man except for phone conversations. >> the state bar responded and saying it takes the issue seriously and is disciplining prosecutors where misconduct was will oofl san francisco police arrested a man suspected of setting several port o potties on fire. but they don't believe he's responsible for a rash of similar fires in the city. 27 port o potties set on fire between 2008 and 2009. this past weekend, seven toilets and four hand washing stations were destroyed at a construction area. a witness sa

. >> you know, we were -- johannes mehserle is going home on probation. that's what this rally is about. no one wants to see that. >> grant's family and friends a want mehserle to serve a men of 14 years. grant's family will read this letter in the courtroom before sentencing. >> oscar deserves justice. he shouldn't have been shot. he shouldn't have died january 1st, 2001. -- 2009. his life and experiences were robbed from him. >> the pleas may reach a los angeles courtroom which what his attorney doesn't want to happen. >> the judge some grant him probation, release him immediately and reunite with his family. that it will be an unpopular decision. >> there was a huge police presence. officers were all around the plaza, and many more stationed on adjacent streets, so there are were no incidents and no arrests. >> alan: an ex-girlfriend of justice tom tom thomas says he was obsessed perspective pornography when they dated. mckuhn is a retired prosecutor, law professor, and administrative law june. earlier this week, mark matthews broke the story how thoma

anchor in oakland after the request for johannes mehserle retrial. dent german shows us the emotional response. >> the community is outraged by this >>> supporters of oscar brand protested the call for new trial. >> this is to push out the sentencing and analog gate the hearings. in hopes that we will lose our passionate commitment or focus. we will not part numbers continued to grow and we continue to organize. >> filed a motion friday asking loss angeles judge to set aside the jury's verdict of guilty of involuntary manslaughter johannes mehserle ordering a new johannes cited several reasons first new evidence specifically a similar case where an officer thought it was pulling his days are when in fact he pulled his revolver. second johannes mehserle said the judge should not allow a jury to consider done enhancementsdone enhancemed significant time to johannes mehserle said since. >> we know will have huge implications moving forward. we know that in order for police officers to be held accountable we have to get a fair and just sentence. >> a jud

. >>> and new motions filed before the sentencing of johans mehserle. find out what his lawyers want and what the prosecution is demanding. >>> and a live look inside our studio. hey, you know what, the black and orange theme just goes perfect with the time of the season too. we'll continue to follow a f ur un gcoverage. stay tuned. come on in, and i'll give you a free quote. quote and compare in about 8 minutes. now, that's progressive. call or click today. meet the real meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay the money back. what kind of person would be involved in deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter? >>> new this morning, the feds say they busted up a big drug ring with ties to oakland. i'm

a boat owned by johannes mehserle's father had a sign that said "free johannes mehserle." the planned work stop should not have a great impact because they do have a planned work stop once a month and the port authority has had time to adjust the schedule. in oakland, kris sanchez, "today in the bay." >> thank you very much, kris. >>> new developments this morning in the case of cal grads still trapped in iran. scott mcgrew has been monitoring the very latest in the case. >> yeah, good morning. iran has set a trial date this morning. they along with sarah shourd have been charged with spying and this is kind of what everybody has been waiting for or dreading. shourd is free on bail back here in america. now, legally or at least according to i rain januaranian expected to return for the trial. the three young people of course arrested after allegedly crossing into iran while on a hike in iraq. we understand the trial will get under way november 6th. this is obviously a very important story to us in the bay area. we are monitoring the bbc and trying to get ahold of the state

rita williams spoke to mehserle this week inside the jail. for the first time, you will hear about the shooting and what he thinks will happen at the the sentencing. our special report airs tomorrow night. >>> and carly fiorina is in the hospital recovering from an infection. but it won't deter her from her candidate. >> reporter: boxer spent the day talking to workers of cisco while her opponent fiorina was hospitalized. boxer did not speak about fiorina's hospitalization but she did say. >> my opponent has never served in office. but has voted against every position i've had. >> barbara boxer loves to complain about companies that shift job overseasseas. so why is she giving a speech at cisco where they shift jobs to asian. >>> and later boxer asked fiorina a fast recovery. >> she'll be back from the campaign trail very soon. >> reporter: so she's healthy as far as you know. >> she's healthy as a horse. >> reporter: san jose political analyst jackson says fiorina's health could be back of the voters mind and she needs to show stamina when s

mehserle was convicted of involuntary manslaughter. he's now awaiting sentencing. his attorneys maintain it was an accident. labor has a long history of friction with police. >> where we come from, we have to stand together, show them we're not only working there at the ports, but also in this with you. >> the rally is scheduled this saturday from noon to 4:00 at oakland city hall. mehserle's sentencing on the manslaughter conviction is set for november 5th in los angeles. >>> police locked down an east oakland school this afternoon to search for two robbery suspects. they were wanted in connection with at least three armed robberies that were pulled off this morning. allendale elementary school was on lockdown for an hour and a half while police searched the area. >> the principal said everybody put your stuff in the classroom and lock the doors. >> because why? >> because somebody was out in the yard. >> it was kind of alarming to see the police around the school. >> police did take one suspect into custody when he was found on the rooftop of a nearby house. the

mehserle's attorney wants him released on probation and grant's family is calling on the judge to issue the maximum sentence. our media partner oakland tribune consulted with experts that his jail term will likely be somewhere in the middle. involuntary manslaughter is between two and four years but the judge must way mitigating factors before deciding. >> california is rethinking nuclear power in this area of global warming. nuclear plants of generated a lot of controversy. and why some lawmakers are now talking about the nuclear action. >> california's strict global warming law mandating greenhouse gasmihz is sparking the state where it gets its electricity. lawmakers think it may be time to think of a cleaner option that has zero emissions. >> there are people out there who subject that the only way we can achieve the goal is to have nuclear energy play part of our future. we shouldn't take it off the table. >> the state has two nuclear power plants that generate 15% of the overall energy portfolio statewide. california can't move ahead with nuclear plants until it lifts the moratori

. >> why a protest of johan necessary mehserle could shut down bay area courts. >> could have people in alameda county waiting days or weeks for results after an election. >> i'm terry mcsweeney live in san francisco on hyde near bush where a big fire has burned at least 50 people out of their homes. another adjacent building damaged. we're going to have the very latest on the situation out here coming up in a live report. >> just in from san francisco, sfo flight arrival delays of 70 minutes. check out our flight tracker at abc7news.com. >> the bay bridge toll plaza is the place to avoid. traffic backed up all the way into a maze due to an earlier insanity is doing the same thing over and over again and expecting different results. insanity is doing the same thing over and over again and hoping for different results. i've built businesses. i've built a business. met the payroll. met a payroll. i enter this office beholden to no one except you. i will owe my office to no one but you. i don't owe anyone anything. i don't owe anyone anything. it's all about leadership. this is all abou

we are just whreeng on the community. >> reporter: johannes mehserle's attorney is asking for a new trial citing a similar case in kentucky where an officer was not found negligent. >> if he gets probation it will be a sad day not only for us as a family but the system itself for us to understand whether or not we have a right to justice. it would be a blatant slap in the face to the community and the world. >> reporter: in oakland, cbs5,. >>> how the candidates for california's state office spent their day today and first lady michelle obama is coming to the bay area. when and where you might be able to catch a glimpse of her. >>> eyewitness news is brought to you by kiaser permanente. we want you to live well and be well. ,,,,,, insanity is doing the same thing over and over again and expecting different results. insanity is doing the same thing over and over again and hoping for different results. i've built businesses. i've built a business. met the payroll. met a payroll. i enter this office beholden to no one except you. i will owe my office to no one but you. i don't owe anyone any

mehserle's attorney wants to present evidence about a case in kentucky involving an officer who miss took his handgun for a stun gun. the kentucky grand jury declined to indict the officer. mehserle will be sentenced next month. >>> in san jose, there is now a faster way to cut a cross town. fewer stops and shaves 6 to 8 minutes off the trip from san jose to downtown. there are three express trains and the best part, it's free wi- fi knowledge what ---- what kind of kid were you in high school. were you bullied? hears a chance to tell your story. >> reporter: sending a message to gay teenagers, wife is worth living. >> stay alive, our community needs you. >> reporter: the past few weeks have seen a sharp spike in sue sides because of antigay bullying. >> reporter: a 13-year-old, a 15-year-old, and another 13- year-old in texas. as a result, a column fifth posted a video fight ---- entitled "it gets better." your life can be amazing, but you have to tough this period out. >> reporter: but san francisco's gay straight alliance network has taken that message one step further. >> i was s

former bart police officer johannes mehserle was convicted of involuntary manslaughter for shooting oscar grant and mehserle by the way going to be sentenced next month. >>> president obama arrived in los angeles this past hour. he is campaigning across the west for fellow democrats. this is the big push with early voting under way and just a week and a half until the general election. the president will be speaking at a rally at usc for senator barbara boxer. that's what you see happening right now in southern california. big crowds starting to gather there. after that mr. obama will travel to las vegas to support senate majority leader harry reid. and the president flew out of sfo this morning. it was a busy stop. couple of fundraisers here in the bay area last night. one was to help out san francisco district attorney kamala harris who is running for state attorney general. >>> money problems at san francisco pride force out the head of that organization. the executive director says she was going to be leaving this week. the shake-up comes after nonprofit groups hired to work the annua

rita williams set down with johannes mainerrer -- mehserle this week. you will hear from him and what he thinks should happen. our exclusive report airs tomorrow night on the 10:00 news right here. >>> it has been one year since the horrible gang rape of a 16- year-old girl outside of a home coming dance. tonight the school district will discuss what lessons have been learned since that attack. police say the victim was robbed, beaten and raped on a poorly it will campus. lights were installed shortly after that attack. one school board member tells us the campus looks very different. >>> 6:37. already a busy morning in traffic. tara is here. something just happened near the richmond bridge toll plaza. >> this is as you drive near the toll plaza there san accident involving three cars. a car spun out and caused a fender bender. we just received word cars have moved that vehicle that was blocking the fast lane there. on highway 24 hey traffic. maybe a good day to take mass tran sit, bart, caltran and muni are all running on time. at the toll plaza the me

the jury found mehserle guilty in the shooting death of unarmed passenger oscar grant. defense lawyers filed sentencing requests yesterday. 14 years is the most mehserle can get. his lawyers want him released on probation. they argue the shooting was accidental. mehserle will be sentenced november 5th. >> three hospital workers filed a lawsuit against claire valley medical center. two cardiologists claim that more than one patient has died at the hospital as a result of substandard care. they say they faced retaliation, verbal rebooze and hostile work environment. an executive acknowledged the cardiology department is dysfunctional because of conflicts there. but inspectors found no evidence the patients in question died from negligence. >> first lady michelle obama will be back in san francisco today at a fund-raising event. yesterday she gave a rousing speech in los angeles in support of boxer. the first lady was in san francisco on monday for a similar campaign fund raidser. republican candidate fiorina is recovering from an infection. she was diagnosed with cancer e

but yes, you know, we're just leaning on the community. >> reporter: in the meantime, johannes mehserle's attorney is asking for a new trial citing a similar case in kentucky where the officer was not found criminally negligent. >> if he goes home on probation, it will be a sad day not just for us as a family but for the system in itself when it comes to us understanding whether we have a right to justice. it will be a blatant slap in the face to the community and the world! >> reporter: in oakland, anne makovec, cbs 5. >>> it is the biggest leak of military secrets in u.s. history. what they are and how the military could be compromised. >>> new terror threats tonight when an american born al qaeda member is urging muslims living in the u.s. to do. ,,,,,,,, meg whitman's hometown newspaper said it best: "meg whitman has demonstrated a loose relationship with the truth" "a poor understanding of government" "pat solutions for problems whose depth and complexity clearly elude her" "she utterly lacks the qualifications to be governor" jerry brown "offers california exactly what it needs" "go

. >> prosecutors are asking the judge to send former bart police officer johannes mehserle to prison when he is sentenced last week. he was found guilty in the shooting death of unarmed passenger oscar grant. defense lawyers filed sentencing questions. prosecutors say prison time is the only appropriate punishment for the crime. 14 years is the most time he can get. his lawyers want him released on probation. they argue mehserle shot oscar grant accidentally. >> the airport stays equipment failure obstructed communication between nuclear missiles. it took about 45 minutes to restore contact. officials say there was no evidence of foul play and the airport did not lose the ability to launch the missiles. they say personnel inspected all 50 missile sites and found no evidence of damage. >> 4:50 now. all you giants fans, reasonable wearing orange up here this morning. let's get you the weather forecast for the game. >> 4:57. but who -- three minutes! . that's what they say, 4:57 first pitch. but 5:00. tune in and you will get to see i think a lot of fun today. 4:50 this morning. looking

but, yes, we are just leaning on the community. >> reporter: in the meantime, johannes mehserle's attorney is asking for a new trial citing a similar case in kentucky where the officer was not found criminally negligent. >> if he goes home on probation it would be a sad day not just for us as a family but for the system in itself when it comes to us understanding whether we have a right to justice. it would be a blatant slap in the space for the community and in the world. >> reporter: in oakland, cbs5. >>> in spite of a budget crunch a $25 million community center is now open in san jose. the seven treed neighborhood celebrated the facility's grand opening today. 33,000 square feet. you will finally a ballroom, a game room, a gym and eventually a library too. voters approved this a decade ago. >>> we are talking weather but we are talking wednesday and thursday game 1 and 2 of the world series hosted here in san francisco. >> we have got storms still brewing out there. they could affect the games. we will talk more about that in a minute. we have got a pretty good storm system putting its

the family will hold a news conference this afternoon to denounce the attempt to get johannes mehserle a new trial. mehserle's attorney filed paperwork to say he's not the only police officer to grab his gun instead of his taser. grant's family says this is just an attempt by the defense to blame the victim for the actions of the perpetrator. a judge will rule on this request on november 5th. >>> seven members of an east bay football team are suspended from school this morning after an alleged hazing incident. police say it happened in martinez. a freshman football player allegedly tied up and punched by his own teammates. the boy was not injured. police are investigating. school officials want to make it clear this kind of behavior is not tolerated. >> this is the kind of thing that goes on under the surface. it's similar to cyberbullying so this is an opportunity. it's an opportunity for us to see how kids are thinking and perhaps have some influence on changing that thinking. >> now, the attack was apparently captured on cell phone video. six students were kicked off the football te

like when the bart shooting verdict came down for johannes mehserle mehserle. >> not only did about 25% of the urban shield participants knew oakland, they knew where to go and what to do. >> reporter: they will re-enact dozens of different scenarios in 48 hours, without sleep to terrorism to hostage takeovers. >> very selective. and the guys you saw today, they're the best of the best. >> there are four hostages. two county supervisors. and two civilian employees. >> reporter: at san francisco city hall the drill starts with a debriefing. after several city supervisors are said to be taken hostage. teams move in to control the situation. while others stand guard. and the action is all captured on video camera to learn what works and what didn't. >> and it is really just a huge test for the mind and physically as well. i think it is great. and it is awesome. >> in san francisco, elizabeth wenger, cbs 5. >>> one other drill in oakland today, where an urban shield team participated in a scenario where the biological weapons were released in the city. the team set up a mock field hospital

--ellos estan pidiendo la pena maxima para "johannes mehserle", quien fue condenado en julio pasado por homicidio involuntario.--el 5 de noviembre se dictara sentencia al ex-agente, que podria pasar hasta 14 aÑos de prision. ---ya se encuentra tras las rejas, la mujer acusada de matar a sus hijas gemelas y luego prender fuego a su departamento, en "fairfield". ---"monica mccarrick", de 28 aÑos, enfrenta dos cargos de homicidio y dos cargos mas por asalto a un menor.---ella se declaro no culpable de los cargos en su contra desde el hospital donde se recupera de las heridas que se causo a sí misma.---cuando sea dada de alta, "mccarrick" quedara detenida en la carcel del condado de "solano", sin derecho a fianza. ---un incendio de cuatro alarmas dejo como saldo un edificio de departamentos destruido, tres personas hospitalizadas y decenas de personas sin vivienda.--los bomberos fueron notificados del siniestro poco despues de las 5 de la mañana.--los hechos se registraron en un inmueble ubicado en el numero 824 de la calle "hyde", entre "sutter" y "bush", en san francisco.--los bombero

we'll continue following the story. >>> johannes mehserle is now asking for a new trial. his lawyer has filed a 134-page request arguing for overturning the involuntary manslaughter verdict against him. they convicted the police officer in a fatal shooting of an unarmed passenger oscar grant on new year's day 2009. he said he meant to taz grant but accidentally fired his gun instead. prosecutors told jurors such an incident had never happened before. attorneys have learned about a similar case in kentucky. that incident the officer was never put on trial. mehserle is scheduled to be sentenced november 5th. >> definitely want to check with mike and talk about the weather. a little warmer, right, but not time to break out the sweaters? >> i don't think so. hi, mike. >> good morning. let's check out that 24-hour temperature change. you guys are spot on. warmer in most areas. santa rosa 3, concord 5 and san jose 9 degrees warmer than yesterday. here's how the day breaks down. sunshine through the 8:00 hour. a few high clouds. temperatures upper 40s in the north bay valleys, t

boxer and i approve this message. >> closed captioning brought to you by mancini sleepworld. . >>> mehserle was convicted by a long jury this year. he could get anything from probation to 14 years in prison. oscar's family is calling on the judge to issue the maximum sentence. the oakland tribune consulted with legal experts who predicted mehserle's jail term will likely be somewhere in the middle. the penalty for voluntary manslaughter for two and four years. the enhancement for using a gun could add ten more years but the judge must weigh aggravating and mitigating factors before deciding. tomorrow president obama's legal challenge to arizona's immigration law will be argued in a san francisco courtroom. a three-judge panel with the 9th circuit court of appeals will hear arguments from arizona state attorneys and justice department lawyers. the obama administration claims the arizona law which requires police to check the immigration status of people they pull over is unconstitutional because only congress can make immigration law. demonstrators on both sides are expected outside the cour

it's a boat in mccovey cove carrying a banner with the words, free johannes mehserle. >>> president obama headed for los angeles today after a brief visit to the break. he flew out of sfo this morning on air force one. he was their raise money for several democrats including kamala harris running for state attorney general. and the president did head for los angeles campaigning for jerry brown and barbara boxer. the two are in a tight race with huge consequences for democrats if they lose. dave byron on their campaign run down the final stretch. >> god bless you and god bless the united states of america! >> reporter: and energized president barack obama fired up a crowd on the usc campus, the largest campaign crowd in california this year. the president charging republicans just stood around and watched after driving the country into a ditch while he said democrats worked to get the country out of the ditch. >> as we're pushing we look up and the republicans are all standing there... at the top of the ditch... they're all looking down and we say, why doesn't you come down and help, and t

mehserle's lawyer says he has new evidence that he says will support the claims that mehserle mistakenly grabbed his gun instead of his taser. they say the exact same thing happened to another officer in kentucky. grant's family says this is just an attempt by the defense to blame the victim. a judge will rule on the request at the sentencing set for november 5th. >>> police think alexander diaz is headed south. the 36-year-old parolee is from los angeles. investigators say diaz hit a motorcycle officer monday morning while driving a stolen van in fremont. officer bauer suffered a broken leg but is expected to be released from the hospital later this week. this is a look at the scene on monday. police say diaz sped up as he approached the officer, pinning him under the van. then diaz jumped out of the van and ran off. >>> dozens of officers on the ground, the police helicopter in the air, all searching for a suspect on the run. palo alto police are now taking heat for what some say was an overwhelming response to a petty crime. today in the bay's chris sanchez is live in palo alto at pol

. >>> well, round two of the johannes mehserle continues. mehserle's attorney says the conviction for involuntary manslaughter should be overturned because the jury did not hear evidence about a similar case. mehserle, as you remember, claimed that he thought he was reaching for a taser, but he grabbed instead his gun. when he shot oscar grant. the defense says the police officer in kentucky did exactly the same thing a year before the b.a.r.t. incident here. the judge will hear motions on the argument next month. >>> at the last minute, meg whitman and jerry brown have canceled their only radio debate. the show was scheduled for tomorrow morning on kgo. a representative from jerry brown's campaign tells us both sides talked about the debate and decided not to go forward. the announcement comes after a fiery exchange on spanish language tv over the weekend. whitman accused brown of orchestrating the controversy over her former maid, nikki diaz. whitman fired diaz last year after she found out she was an undocumented worker. well, brown says

a judge will rule on that retrial request at mehserle's sentencing hearing which is set for november 5th. >>> hundreds of east bay nurses are hitting the picket lines this morning. nearly 700 of them plan to strike at children's hospital in oakland today to protest stalled contract negotiations. the hospital will remain open during the strike, which began yesterday and will continue through tomorrow. the nurses have not had a contract since may. they're still negotiating pay and benefits. administrators say that the hospital has lost almost $70 million over the past four years, which is forcing them to reduce costs. >>> did the response fit the crime? palo alto police are taking a lot of heat this morning for what may be considered an overwhelming response to a phone theft last night. today in the bay's kris sanchez is live at palo alto police headquarters. kris, this morning taxpayers want to know why a stolen smartphone requires a manhunt and a police helicopter. >> reporter: good morning to you, laura. you might think that the response is disproportion nat, but you have to remembe

today prosecutors asked the judge in los angeles to issue mehserle a prison sentence. they didn't say how much time they wanted the judge to issue. the defense had requested probation. mehserle faces up to 14 years in prison when sentenced november 5. >>> more than 50 shots fired on a berkeley street in broad daylight leaving one man dead another seriously injured. rick villaroman on why police believe the victims were targeted. >> oh, god... [ crying ] >> please, jeree jesus, don't take my son. >> reporter: she was awaiting word on the fate of her son gary on what police called a bloody purposeful act of violence. >> we are saying that because so many rounds were fired at these two adult male victims and ordinarily from our experience when that happens, there is energy behind it. there is a reason why these two men were the focus. >> reporter: that reason is still unknown. what is known, however, is that police are looking for two suspects who were determined to commit this act. >> the number of placards that you see on the west side walker are indicative are indicati

michael rains" considera que se debe revertir el veredicto del jurado, que encontro culpable a "johannes mehserle" de homicidio involuntario.--el abogado quiere que se tome en cuenta el caso de otro oficial de kentucky, que como él alega, confundio la pistola "taser" con su arma de fuego.--durante el juicio, la defensa argumenta que en los argumentos se menciono en reiteradas ocasiones que un accidente de tal naturaleza era practicamente imposible, por lo que considera que si se toma en cuenta este antecedente, la suerte de su cliente podria ser distinta. --un hombre encontrado culpable del asesinato del concejal de fairfield "matt garcia" fue sentenciado a pasar entre 15 años y el resto de su vida en la carcel. --la condena contra "gene combs", por los hechos ocurridos en el 2008, fue dada a conocer este lunes.--otro sujeto, identificado como " henry don williams" fue hallado culpable de asesinato en primer grado y condenado a una pena de entre 50 aÑos y cadena perpetua. --los fiscales dijeron que "williams" confundio al joven politico lartino con un traficante de drogas que le debia dinero,

--el abogado de "johannes mehserle" hizo esta solicitud, pues quiere que se tome en cuenta un caso ocurrido en kentucky donde un agente mato a una persona tras confundir una pistola de descargas electricas con su arma de fuego. lo mismo que segun él, le ocurrio a su cliente.--el juez podria pronunciarse sobre la mocion el 5 de noviembre, justo la fecha en que se dictara sentencia. ---enseguida en noticias univision 14......los dueÑos de negocios y los residentes del condado de alameda podrian convertirse en los proximos lideres de su comunidad con la ayuda de unos talleres gratuitos... detalles --si usted vive en el condado de alameda, y quiere saber por ejemplo, en que se gastan sus impuestos las distintas agencias municipales, en areas como la seguridad publica o la salud? flavio lacayo nos tiene los detalles de un evento donde aprendera eso y mucho mas. este programa es conocido como "la academia de liderazgo" donde los participantes aprenden mas sobre como opera el gobierno municipal y los diferentes departamentos que prestan servicios publicos y de seguridad en las diversas comunidad

mehserle is scheduled sentenced a week from tomorrow. >> new allegations tonight in a massive federal lawsuit against toyota that claims toyota bought back a number of cars from owner who's complained of sudden acceleration problems and says toy yota got owners to sign confidentiality agreement preez venting them from speaking out. and failed to report complaints to regulators. toyota recalled millions of vehicles and the company says it was never able to duplicate the problem and cars were quote, repurchased for further engineering analysis. >> the actor who played danno in the original "hawaii 5-0" died tide. james mccarver played detective can danny williams for 11 of the 12 years but quit the final season because he's bored with the role. james mccharger was 72 years old.n: empty nes new us? woman: who are we? chic, modern, daring dinner-party hosts. that sounds dangerous, maybe we're more the traditional sunday brunch set? i'll expect slippers and a cocktail to be ready when i get home from work. point taken. how about... peaceful, quiet cottage in the country folk? now that's us

mehserle is due to be sentenced next week for involuntary manslaughter for the january 2009 killing of an unarmed train rider. 21 year-old bay point man is being held without bail in connection of fatal shooting of the son of a drug rehab counselor earlier this week. randall wallace was are rested and one man was shot and one man was injured. police not releasing any other details. he is being held on suspicion of murder and attempted murder. >> a developing story serial shooter hitting high profile buildings in the city will shooter hitting high profile buildings in the city will tell you carly fiorina changed all that. fiorina laid off 30,000 people and she shipped our jobs to china and india. i had to pack my bags and i was out the door that night. we even had to train our replacements. she didn't need 5 corporate jets. one hundred million for herself. fiorina never cared about our jobs. not then and not now. i'm barbara boxer and i approve this message. ♪ the turn will make you think. ♪ make you re-examine your approach. change your line. innovate. and create one of the world's

. >>> la familia de oscar grant se manifestaron en contra que se abogado de mehserle hizo esta --el juez podriae un agente, resi a una persona cconfundirla de >>> enseguida, lo dueños de negocio y residente de condado de alameda, podrían ser los próximos líderes de la comunidad con la ayuda de talleres gratis, le vamos a dar detalles al volver --si usted vive en el condado de alameda, y quiere saber por ejemplo, en que se gastan sus si vive en alameda y quiero saber en qu se gastan los impuesto bueno pues vamos con más detalles. >>> este programa es conocido como la academia donde participante aprenden más sobre como opera el gobierno y departamento de servicio públicos. >>> esta noche inicio la de cima edición de programa conocido como "academia de liderazgo ". >>> donde únicamente 5 personas son elegida por el espacio que existe. >>> están enseñand como es que el dinero es gasta en (...). >>> es que según dijeron que estás clases sirven para aquellos que quieran participar estéñ bien informado y como lo fondo son dis tri beed. >>> lo fondo de presupuesto y mutilo skwan e

mehserle was convicted in the shooting death of oscar brand. the attorney said the jury did not hear about a similar case in kentucky where an officer and a similar situation did the same thing mistook his gun for his taser. that officer was not conduct convicted. it will be heard the same day is sentencing on november 5th. >> various cities and nonprofit groups are trying to derail the high-speed rail project. palo alto and at certain along with five in our mental and citizen groups filed a lawsuit the the suit against the high speed rail seeks to halt the proposed line between san francisco and los angeles claiming environmental studies inflated riders which triggers for the train and don't meet state requirements. a similar suit was dismissed two years ago. >> tickets for the giants game sold out but that doesn't mean you have to miss out on playoff baseball in the day. the only catch you have to pay for it one way to get a ticket is to buy season tickets for next season that guarantees the right to buy playoff tickets. but those tickets are