but judge persky filed a restraining order to halt their signature gathering efforts. >> the point is to waste our time, waste our money, tie us up in the courts, and prevent democracy. >> reporter: a stanford law professor behind this campaign claims persky has shown bias in cases involving violence against women. he considers six months for brock turner far too lenient after he sexually assaulted an unconscious woman outside a stanford frat party. >> very upsetting to the women of this county that he is trying to trying to silence us. i think sexual assault survivors are very familiar with the feeling of being silenced. this is just one more attempt by judge persky to further silence sexual assault survivors and we're not having it. >> reporter: the judge argues because he is a state officer, california's secretary of state rather than the county registrar should decide whether a recall effort can move forward. >> our role, um, here today is to make sure that judge persky is treated fairly during these recall proceedings. >> reporter: persky has hired donald trump's arizona campaign

. >> reporter: judge aaron persky facing more fallout and outrage after the stanford rape case. a group gathering outside the santa clara courthouse wanting to push the judge out of his seat trying to gather signatures for a petition to recall him. but judge persky filed a restraining order to halt their signature gathering efforts. >> the point is to waste our time waste our money, tie us up in the courts and prevent democracy. >> reporter: a stanford law professor who is behind this campaign claims persky has shown bias in cases involving violence against women. she considers the six-month sentence for brock osweiler far too lenient after he sexually assaulted an unconscious woman outside a stanford fraternity party. >> very upsetting to the women of this county that he is trying to silence us. i think sexual assault survivors are very familiar with the feeling of being silenced. this is just one more attempt by judge persky to further silence sexual assault survivors and we're not having it. >> reporter: judge persky argues because he is a state officer, california's secretar

attorneys representing persky had two days to submit argument before the judges final ruling thursday. >>> we did cool off by a few degrees, it was so hot in antioch and places around vacaville and davis still at 106 and 110 in some places. the bay proper, most of us cooled off by about 4 degrees. the heat advisory goes away tomorrow and the day will be cooler throughout the bait but it stays hot inland. the general trend is not as hot as it has been. it still 102 in fairfield, 101 walnut street and look how much cooler it is where the sea breeze is and fortunately it's going. there are significant winds at the coast. 10 degrees cooler in santa rosa than it was yesterday and the trend is cooler. tomorrow, you will notice it more. the marine layer stretches out and there's a shot that you can see that's san francisco all wait -- i lost myself -- you can see the fog is shallow and it will stretch out and as it does so the quality gets better and the temperatures cool and fire danger takes a lapse. tomorrow, still hot with the purples baking and our counties will see a significant drop b

judge persky has filed a frivolous lawsuit. no one agrees with him and that includes the state attorney general, secretary of state, or the county. nobody agrees with him and the lawsuit is for the purposes of delay to cause expense. it is an expense to the voters and to us. >> reporter: you expect a ruling today or is it down to the wire? >> i hope so. women and sexual assault survivors deserve the opportunity to use the constitutional rights to get it on the ballot. we are only asking for the chance to sign the petition and we hope today we have that opportunity. >> reporter: first we have a rally outside of the courthouse at 12:30 pm in just a few minutes, and thank you for joining us this afternoon. after the rally we have the hearing at 1:30 pm. department 4 will report back at four clock. ktvu fox 2 news your >>> the arraignment for the san francisco police officer accused of possessing child pornography is been postponed. officer joshua enea was due to be arraigned in court this morning but the prosecutors postponed it.

the effort to recall judge aaron persky. he )s been under >>> we of new developments in the area to recall john aaron persky. he has been under fire. many people thought the sentence was too light. scott budman joins us in san jose with new details. >> reporter: well, the recall effort is still on but the legal part of this is on holds ironically because they need a judge. the group trying to recall judge aaron persky has a big sign but they want your signature on a petition. it has been unable to collect signatures because of a temporary restraining order. sentenced him to a six-month sentence after a sexual assault. >> it is not going to work. we are going to collect our signatures. we are going to go forward. he is going to face the order and he is going to be recalled. >> reporter: but they can't collect signatures until a judge says okay and local judges have recused themselves from the case. those representing persky say his sentencing was within the law. >> our role is to make shoo you are that judge persky is treated

and not one for the secretary of state as persky argued. there is a restraining order granted on behalf of judge persky forcing the recall effort to be on hold while this is decided. now if this is deemed to be a matter rather than a county matter, then the whole recall effort starts from the beginning. although the proponents of the recall say this is just a temporary pause. >>> and breaking overnight out of pennsylvania more than 40 people are hurt this morning after two high-speed commuter trains collide earlier this morning. this all happened west of philadelphia. authorities say one of those trains was heading into a station in upper darby when it hit a parked, unoccupied train. everyone onboard is expected to survive but the passengers are no doubt shaken. >> my face hit the wall, put a big hole in the wall and then i went straight down. i blacked out. it was loud and it hurt. i can't say much more than that. there's blood everywhere. the driver is all banged and one girl bleeding out of her face pretty bad. >> that train service is a

is a county matter and not one for the secretary of state as persky has argued. the judge himself. right now there is a restraining order granted on behalf of judge persky forcing the recall effort to stop while this matter is decided. if this is deemed to be a state matter and not a county matter, then the recall effort would have to start all over again. in san jose, kris sanchez, "today in the bay." >> one that a lot of people are following. thanks so much, kris. at 5:04 the palo alto unified school board, the district wants to spend $200,000 more dollars to look into title 9 complaints. they have spent $250,000 allocated. also today the district superintendent will present results from questions about sexual harassment and misconduct. palo alto online says the district has seen a sharp spike in reports since may. >>> 5:05 and happening now antioch police say they need your help in finding this missing teen. police say 14-year-old rivera was last seen outside of black diamond middle school yesterday afternoon. he's a student at deere valley high school. they s

it's and is it's time get persky off the benchch. they did not respond to comment to the associated press. reporting live here in palo alto. >>> it's 6:04 and we'ric taking you live to los gatos this morning where breakfast once again is being served adds a popular restaurant. this is a live look at the lass los gatos cafe it opened just a few minutes ago at 6:00 a.m. it was temporary closed after it was damaged by an suv. they say faulty brakes led up to that crash which happened sunday long before the diner open and luckily. there's going to be a line out there that door. nbc bay area said they were able to make repairs quickly in order to reopen this morning. >>> 6:04 on your thursday morning. and new this morning within the last couple of hours all lanes of eastbound highway 4 in antioch have reopened, this after a dump truck crash last night that brought up the has mat teams. it happened a little after 9:00 a dump truck carrying gravel fell on its side near lone tree way. >>> two farms will be filing a lawsuit against the state'

. >> reporter: those working to recall aaron persky say today's ruling validates their belief. >> it is not a stall tactic. it is about following the law. the people of the state voted for the constitution and they approved it and that needs to be respected. >> reporter: efforts to recall persky began after he sentenced brock turner to six months in jail after convicted for assaulting a woman. he was released after three months in jail. >> for white and privileged offenders who commit violence against women. enough is enough. >> reporter: on thursday, retired san francisco judge is expected to issue a ruling on other issues involving the campaign. reporting live. nbc bay area news. >>> this is the player we are talking about. we have seen him on tv with us. before three months ago he was hit by another player and injured. since then he has been in intense rehab. paylor can now mu his fingers and has some feeling in his leg. he will be spending time with his family before returning for another three months of rehab. >>> jeff ranieri is back with us. four to six degrees the temperature

>> those trying to recall judge persky called today's decision a set back. >> reporter: jus persky himself wasn't in court but he did score a victory in the effort of wanting him removed from the bench. the judge put a temporary restraining order for an effort to put it on the ballot. sentencing turner to six months in jail. >> he is a good and fair judge who has always endeavored to follow the law. and he deserves his day in court. he deserves a fair hearing and fair consideration by the people of this county. >> but michelle dalber a professor leading the recall says the fight is far from over. >> it is going forward no matter how much taxpayer money judge pers persky decides to waist with frivolous litigation. >> reporter: the two sides are back here on august 23rd. >> in san francisco, a suspect who was the target of a nationwide man hunt is headed back to chicago to face murder charges. andrew warren a financial officer at britain oxford university waved. the men are accused in last month's mutilation of hair stylist. he was stabbed 40 times in lathem's apartment. surveillance caught

. >>> officials in santa clara are searching for a judge to hear legal challenge in the recall persky effort. judge aaron persky has been on the hot seat since he sentence brock turner to six months in jail for assaulting an unconscious woman. critics called the penalty to lenient. the state attorney general has weighed in on the side of the recall effort. jesse gary was at the courthouse in san jose. >>reporter: today attorneys representing the secretary of state filed documents in court appealing a ruling that had given judge aaron persky a temporary victory in efforts to have them recalled from the bench. the initial ruling halted efforts that a begun to collect 90,000 signatures over five months. >> the attorney general and secretary of state have intervened on the side of our campaign to say we should be allowed to go forward and collect signatures. >>reporter: documents say alex padilla's lawyers seek an appeal which would allow the collection of signatures to begin. just weeks ago judge aaron persky filed an injunction in the recall everything as an officer of the court the sec

--los abogados de ''persky'' dicen que apelarn el fallo.. ots lorena -- representantes de grupos anti- fascistas hablaron hoysobre las protestas en bekerley. take vo -- pidieron no enfocarse en los arrestos y peleas que ocurrieron ayer, sino en el gran nmero de personas que tomaron las calles de esa ciudad para marchar en contra del fascismo y a favor de los derechos civiles. -- tambin anunciaron que se planean marchas a lo largo de todo el pas para el prximo 4 de noviembre. take vo cesar ---el proyecto de extension del servicio de bart en livermore sera analizado maÑana en una reunion comunitaria... ---en dicha reunion se estudiara el impacto ambiental que tendra este proyecto en la zona... ---segun lo planeado, seran 5 millas y media de extension y unira desde la autopista 580 hasta la avenida isabel... a un costo de mil millones de dolares... ---la reunion sera en el centro comunitario "shannon"en dublin a partir de las 7 de la noche. cesar ---con el objetivo de fortalecer la defensa de los derechos laborales y difundir mayor informacin

the recall team says judge persky is stalling. >> he has hired donald trump arizona state director to manage his campaign and that tells you everything you need to know about judge persky's bias against women and his views on sexual assault. >> reporter: meanwhile they can't collect signatures until a judge says it is okay. meanwhile, those representing judge persky say his sentencing of turner was within the law and they too will wait for a judge to rule. >> our role today is to make sure that judge persky is treated fairly. >> reporter: the goal of the recall effort is to collect tens of thousands of signatures. they want the recall to be on the june of 2018 ballot. squad budman nbc bay area news. >>> bad blood continues between the 49ers and city of santa clara. the city says they owe them -- the team apparently withheld during past audit. >> hopefully they will cooperate and produce the documents. but if not, we are prepared to take legal action. >> this is an ongoing battle. the niners say they failed to bill them $115,000. the 49ers releasing this statement saying in part mayor

judge persky less than a third as much. ap reports that many california judges and lawyers have donated to persky's defense. they told the ap, it's not surprising that persky engaged the trump campaign to defend his terrible record on sexual assault and violence against women. it's sad and it's time to get persky off the bench. persky and sigh chick did not respond to the comment. >>> at 5:02 take a live look from wick thashington, d.c. whe americans are reacting to president trump's plan to overall the country's legal immigration system. the president preparing for a campaign rally. >> this all follows the sanctions bill that pun nishes russia. trace is pots kfring acovering that for us. >> reporter: let's start with immigration that's been a big issue since the campaign. illegal immigration but this talks about legal immigration and changes who can get into this country based on their background. >> with demonstrators outside his front door. >> we're hoping that he listens. >> president trump ask sapg plan by two republic

assault. >> reporter: judge perski's attorney was also here today. she says they'll have further comment when a decision is reached on where the recall goes from here. those pushing the recall effort say they need 90,000 signatures and they're aiming for the june 2018 ballot. san jose, scott budman, nbc bay area news. >>> returning to our climate forecast. another sunny day on tap for most of the bay area, although it's a bit late to start, right? >> here's a live look in richmond from our traffic cameras. traffic moving along. today started as a muggy one, but kari hall tells us it will warm up today. >> yes, you can see all clear skies, and we are going to have some slightly warmer temperatures today, and camera going out there in haze valley, but we see it is clear in san francisco. also for the south bay, mostly clear skies. i want to show you the temperature trend for the rest of the bay. reaching into the upper 70s, and as we head into the evening, a nice, comfortable one as we dip back into the low 70s by 8:00. as we look all around the bay ar

. >>> the campaign to recall controversial bay area judge erin persky came to a grinding halt after a judge ruled the recall effort had to temporarily stop collecting signatures. scott budman explains it's a setback that's angered organizers. >>> judge persky himself was not in court, but he did score a victory against the effort to have him removed from the bench. >> we won today's hearing. >> reporter: a judge put a temporary restraining order on efforts to collect signatures needed to put the recall on the june ballot. judge persky became the target of a recall effort after sentencing one-time stanford swimmer brock turner to six months in jail on sexual assault charges. persky's supporters say the recall is misguided. >> he is a good and fair judge who has always endeavored to follow the law. and he deserves his day in court. he deserves a fair hearing. he deserves fair consideration by the people of this county. >> reporter: michelle dauber, a stanford professor leading the recall effort says the fight is far from over. >> let me be completely clear. the recall is going forward.

the campaign to recall santa clara county judge aaron persky is getting some help. state attorney general xavier becerra and secretary of state alex padilla are going to intervene in a lawsuit that would stop the petition. the lawsuit filed by persky is an attempt to take away voters rights to sign the petition to recall the petition to remove judge persky from his bench has been going on since he gave former stanford swimmer brock turner a light sentence for sexual assault. the campaign had received approval to begin collecting signatures last week, but it was halted after persky filed the lawsuit. (tiffany) still ahead on the kron four morning news... more troops are heading to afghanistan. hear the president's new strategy for winning the war in the middle east, and the reaction to it this morning. and a warning for parents as there is a rise in allergic reactions in kids. details on why doctors say it's a growing problem. plus... people are being told to get to higher ground as flash flooding hits kansas city. we'll have the new details just in to kron four. and

. >>> and a follow-up now on the judge aaron persky recall. the judge has given the recall petition drive the green light to move forward. persky tried to stop it with a lawsuit saying the state not the county should oversee the recall. state officials disagree. efforts to recall persky began after he sentenced brock turner to six months in jail for sexually assaulting a woman. >>> at 4:56 right now, happening today should the city of santa rosa divide into districts when it comes to electing city officials. the city is accused of violating the voting rights act. a law firm alleges the city's current at-large system does not pick councilmembers based on districts. that, in turn, drowns out the voices of minority communities especially in the city's latino population. santa rosa isn't the only bay area city facing this problem. we go deeper into the issue overnight. the city of santa clara has been sued by a japanese resident claiming the city's at-large voting block asian voters. the dublin unified school district has been warned to change vot

persky's lawyers court order temporarily blocking the recall committee from collectingig p setition was not properly certified by the state. "abc 7 news" spoke with both sides today. >> the recall is going forward no matter how much taxpayer money judge persky decides to waste. >> he deserves his day in cou.rt he hearing. he deserves fair consideration by the people of this county. >> a judge will rule on the petition on august 23rd. >>> new at00ma uiansil 1relocated to the north bay on to have the u haul carrying all belongings stolen. >> making the situation worst, the marine says he was charged for damage to the stolen vehicle. >> katie utehs has the story from santa rosa. anta rosa r: marcoe in srp with his wife and four-year-old daughter. >> i came with the mission to try to help people, you know, change their lives for the better. >> reporter: but his latest mission has been replacing all of their belongings after someone stole their u haul. >> we got here pretty late in the night, and for the military move i have to weigh my belongings as part of the process for our logistics. so

a few weeks ago, judge aaron persky filed an injunction in the recall everything as an officer of the courts, the secretary of state, not the county registrar of voters, should oversee the recall. the judge has become an vinis after sentencing brock turner 26 months in jail for sexually assaulting an unconscious woman outside a frat party near campus and 2015. turner served three months and was released last september. the sentence, which many saw as lenient, outraged many in the women's rights movement which led to the recall ever. persky defenders say the sentence was handed down after consulting with the probation department and reviewing the victim's impact statement. >> our role here is to make sure that judge persky is treated fairly during these recall proceedings and that's all i can tell you at this time. >> he is desperately trying to re-dash avoid a recall election and he is willing to waste county and taxpayer money and to violate the first amendment rights of everyone in this county whether you agree or disagree with this campaign. we have a right under the first amendmen

persky's lawyers obtained a new court order temporarily blocking the recall committee from collecting signatures. they say the petition was not properly certified by the state. "abc 7 news" spoke with both sides today. >> the recall is going forward no matter how much taxpayer money judge persky decides to waste. >> he deserves his day in court. he deserves a fair hearing. he deserves fair consideration by the people of this county. >> a judge will rule on the petition on august 23rd. >>> new at 11:00, a marine recruiter and his family relocated to the north bay only to have the u haul carrying all belongings stolen. >> making the situation worst, the marine says he was charged for damage to the stolen vehicle. >> katie utehs has the story from santa rosa. >> reporter: marine corps sergeant located to santa rosa with his wife and four-year-old daughter. >> i came with the mission to try to help people, you know, change their lives for the better. >> reporter: but his latest mission has been replacing all of their belongings after someone stole their u haul. >> we got here pretty late

>>> still ahead, recalling the judge in the south bay and a recall effort underway to remove judge persky from the bench after that controversial decision on the brock turner case. first kid you ready? by their second kid, every mom is an expert, and more likely to... ...choose luvs than first time moms. live, learn, & get luvs. >>> welcome back to mornings on 2, the time now is 4:53 am. >>> efforts to vote judge aaron persky out of office and his lawyers have filed the lawsuit, arguing that the superior court judges are state officers and any effort to recall should be filed with the state officials. they are joining the county officials to tell the court that the petition drive is legal and should resume and judge persky was targeted for removal after sentencing brock turner to only six months in jail for sexually assaulting an unconscious woman. 58,000 signatures have to be collected to get the recall major on the june 2018 ballot. >>> the san francisco police officer accused of child pornography is doing the pittsburg courtroom this morning and the 37-year-old was arrested this mornin

this after persky's team filed an injunction to block the collection. in court today they renewed the argument, a trial judge is an officer of the court in the secretary of state not the registrar of voters should oversee the recall. >> it's about following the law so the people that voted for the constitution can approve it.>>reporter: persky became infamous after start -- sentencing brock turner for six months until after sexually assaulting an unconscious woman. >> his lenient sentence sent a terrible message to victims on campuses. >>reporter: defender say he did nothing wrong and the sentence was handed down after consulting with the probation department. the backlash could lead to his removal from office by santa clara voters next spring. recall petitions pending the outcome are put on a truck and brought here overnight. organizers will begin collecting signatures tomorrow. judge tsenin will final rule thursday a day ahead of the deadline for it to be on the ballot in the spring. jesse gary ktvu fox 2 news. >>> your next trip to whole foods will b

if persky wins the recall campaign could be forced to start over. they say he has a pattern of bias in cases involving sex crimes including the case against former stanford student brock turner. >>> police say 14-year-old herald ra var where was last seen at 1 clock yesterday afternoon. they say he has the intellectual ability of a fourth grader and is at risk. is at risk. he was last backpack. >>> showing 49ers owe much less money to the city than reported. the team owes over $300,000 less than first thought. the money was for time santa clara police and firefighters spent at stadium event. 49ers mayor tried tomorrow bear race the team by leaking the first draft of the audit. the 9 efrz are also disputing a $700,000 payment to santa clara for using a golf course to park cars. >>> if you're just joining us

. >>> a major victory for the group looking to recall the judge aaron persky. they have been given the green light to continue. starting tomorrow, volunteers plan to start collecting the needed signatures. 150 days to get 159,000 verified signatures to get the recall measure on the june ballot. >> judge persky filed a frivolous lawsuit. >> efforts to recall judge persky began after he sentenced stanford swimmer brock turner to six months in jail after sexual assaulted a woman on campus. >>> san francisco police officer accused of having child porn on his computer. police arrested him in july after a month long investigation. they say they discovered child pornography on his home computer. >> he is happy for the opportunity to defend himself against these charges and that is what we are going to do. thank you. >> he will be back in court in early september. >>> i am chief meteorologist jeff ranieri. way too hot today. close eye on the fog for you. and plus when a brand new heat wave arrives. at 6:20 tonight. >>> i am squad budman. your whole food bill will get c

judge aaron persky game -- former stanford swimmer. a recall attempt can start again. >> this is what democracy looks like. >> reporter: it looks like a big win today for the recall judge persky effort. here's one of the leaders of the campaign, michelle dauber. >> judge persky has a long history of leniency in cases of sex crimes and domestic violence. >> reporter: the go ahead to collect signatures, judge persky filed a lawsuit alleged the secretary of state should control the recall process. >> the people of this state voted for the constitution. they approved it and that needs to be respected. >> the judge's official ruling won't come until august 31st, but the judge did allow the recall effort to start collecting signatures today. kpix 5. >>> battle for south bay travelers, airlines competing for dominance at san jose's airport. >> and harvey hammers houston. thousands saved from historic flooding and still many more days of rain ahead. a live report on the massive rescue operation underway right now. san jose. alaska airlines rec

persky has raised 128-thousand dollars to support his campaign. that's compared to the 450-thousand dollars the recall campaign has raised. the push to remove the judge from his bench started after the controversial sentencing that gained national attention. back to you. (mark) happening today... a massachusetts woman who encouraged her boyfriend to kill himself through dozens of text messages is being sentenced. michelle carter was found guilty of involuntary manslaughter back in june. today, a judge will decide the punishment for a crime no one's been convicted of before. carter was thirty miles away when 18-year-old conrad roy filled his truck with toxic fumes in 20-14. carter was 17-years-old at the time. roy's death originally ruled a suicide, until police discovered hundreds of texts between the two teenagers. many included carter pressuring him to committ suicide, including one where she said his family would accept him killing himself. carter faces up to 20 years in prison. (darya) happening now... an advisory is issued for people planning

persky filed a motion to stop it on technical grounds. when told of padilla's position, persky's attorney said i don't know why the secretary of state has that position. but these are questions of law for the judge to decide. >>> time now 6:41. these two daredevils climbed the golden gate bridge captured the entire thing on video which went viral. but now the pair is facing new fallout. >> plus, the san francisco skyline is growing. the final touches crews are making right now on the "salesforce" tower. >> and the market just opened upout we 10take a look at the the dow is up 44 points. we'll be right back. ener conscious people among us say small actions can add up to something... humongous. a little thi here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakersad, turns out, it's californians'. don't stop now, turns out, it's californians'. it's easy to add to the routine. join energy upgrade california and do your thing. ♪♪ hey, is this our turn? honey...our turn? yeah, we go left

judge persky himself wasn't in court today but he did score a victory in the efforts of having him removed from the bench. a judge put a temporary restraining order on efforts to collect signatures to put the recall on the ballot. sentencing brock turner to six months in jail on sexual assault charges. persky supporters say the recall is misguided. >> he has always endeavored to follow the law and he deserves his day in court, a fair hearing and fair consideration by the people of this county. >> reporter: michelle dauber leading the recall says the fight is far from over. >> the recall is going forward no matter how much taxpayer money judge persky decides to waste with frivolous litigation. >> reporter: the two sides are expected back here in court on august 23rd. >> i want to update you on some breaking news we brought you at 5:00. two fires burning on opposite sides of the area. morgan hill 100 acres. firefighters are gaining ground on this one. just really smokey at this point. but no structures have been burned. let's take you out to napa county. this fire a little more serious. 100

attorneys representing persky have two days juice -- to submit final arguments.>>> the arraignment for the officer accused of protesting -- he was due to be arraigned this morning but prosecutors postponed it. his lawyer spoke this morning.>> he is happy with the opportunity to defend himself. that's what we're going to do. >> he was arrested at the sfpd horse stables where he was working during the investigation he was suspended without pay and posted $100,000 bail shortly after his arrest.>>> coming up, he's made scientific break through's he is best known for the movie "concussion. cocoa we will talk with dr. bennet omalu after the break. i no longer live with the uncertainties of hep c. wondering, what if? i let go of all those feelings. because i am cured with harvoni. harvoni is a revolutionary treatment for the most common type of chronic hepatitis c. it's been prescribed to more than a quarter million people. and is proven to cure up to 99% of patients who have had no prior treatment with 12 weeks. certain patients can be cured with just 8 weeks of harvoni. before starting harv

if the court sides with persky, they would have to start collecting all over again. recall organizers say persky has a pattern of bias in cases involving sex crimes, including the case against former stanford swimmer brock turner. >>> piedmont's mayor has resigned amid claims he posted inflammatory comments on facebook. a piedmont resident told the east bay times jeff wieler posted statements like, quote, black lives matter encourages cops' killing. and, quote, transgenders are mentally ill. the newspaper could not verify the comments, but it was enough for the city council to call a special meeting for today to consider ousting wieler. since he resigned, that meeting has been cancelled. in a statement, wieler said, quote, i'm proud of what i accomplished as a civic volunteer. i'm less proud of how my service as mayor is ending. >>> tropical storm larvae continues to batter parts of texas this morning. the storm responsible for at least four deaths. >> now there is frustration over not getting through to 911 because the system is overloaded with thousands of calls. a

. >> under the california constitution the governor would appoint judge persky's successor. we believe the public needs to know that andyot noueld b have to elect him or her. >> reporter: a judge issued a temporary restraining order preventing the recall campaign from collecting signatures until august 23rd. >> the recall is going forward no matter how much taxpayer money judge persky decides to waste with frivolous litigation. >> he deserves a fai r fair consideration by the people of this county. >> reporter: on august 23rd the judge will decide whether the petiti was properly approved by the county and should be circulated to voters. >>> surveillance cameras on highway 4 help police recover a lot of guns. take a look. these are some of the stolen firearms officers found in the car of man arrested after high speed chase overnight. it started when a license plate reader pinged on the plate o a . police tried to pull the driver over but he took off before a police dog tracked him down. surveillance cameras were installed after a increase of shootings on bay area freeways. >>

judge persky was granted a restraining order halting the petition drive. he claims the state attorney general should decide if the effort should go forward. today the attorney general so the drive could proceed.>> the attorney general and secretary of state have intervened on the side of our campaign to say that we should be allowed to collect our signatures. >> 58,000 signatures are needed to get the recall measure on the ballot next year. >>> we have a proposal to tree hate crimes as terrorism. it will strengthen laws against hate. >>> new details about a north made -- bay man accused of killing his girlfriend. >>> tension rises over a rally planned in berkeley. >>> a bay area babysitter and boyfriend are behind bars accused of sexually assaulting a four-year-old. blanca torres and her boyfriend hector garcia are accused of assaulting the girl at her family's home in sunnyvale. torres was babysitting the girl for a friend. >>> fire crews took out a 200 acre grass fire at camp parks in dublin. it started an open space of the u.s. army facility. it briefly

if persky wins, the recall campaign would be forced to start all over. recall organizers say persky has a pattern of bias in cases involving sex crimes, ib clueding this one, the case against former stanford student brock turner. >>> the city of richmond has three weeks to appeal a decision dismission its lawsuit against the trump administration over its sanctuary city policy. richmond argues the trump administration's threat to the withhold funds from sanctuary cities is unconstitutional. san francisco and san jose have filed similar suits. a federal court judge says richmond does not have standing to challenge the president's order. the ruling says richmond hasn't established a history of refusing to cooperate with immigration officials. >>> now a live desk update. >> from abc 7 mornings. >> quickly want to show you some images coming into our live desk from houston, texas. look at this, it's an 18 wheeler that's dangling off a highway overpass. you can see the cabin sticking out. looks like the trailer, though, kept it from plummeting on to the concre

persky defenders say the sentence was fair and the judge did the right thing. the proceedings begin today inside the old courthouse but ahead of that there will be a rally outside of the building, live from downtown san jose jesse gary ktvu fox 2 news cutting high prices, how you can cash in on amazon's takeover of whole foods starting today. >>> a tough monday, finally we will see a little bit of improvement. i will tell you what areas you should probably still avoid.>>> if you don't like the heat stay away from the inland areas because we will be reaching 109 but in the coast stuck in the 60s. people love my breakfast burritos. and my french fries. wait! what if i put them together?! a burrito stuffed with scrambled eggs, creamy guacamole, bacon and crispy french fries. i'll call it the california breakfast burrito! boom. someone got that, right? scrambled eggs. guacamole. bacon. french fries. you'll call it the california breakfast burrito. boom. good work everyone. another winner. introducing my new california breakfast burrito. only at jack in the box. gro

vo/cesar ---el juez "aaron persky" compareci ante los tribunales para bloquear la campaÑa de remocin que lleva en su contra... ---el magistrado argumenta que como es un funcionario del estado, es la secretara de estado de california quien tiene que decidir por la recoleccin de firmas y no el registro de votantes ---la peticin surgi luego que ''persky'' diera una leve sentencia a "brock turner" quien agredi sexualmente a una mujer en estado inconsciente ... vo/cesar ---las autoridades de la baha le dan un duro golpe a organizaciones criminales... ---media docena de agencias del orden participaron en una operativo que logr el arresto de casi cien peronas... ---los agentes desmantelaron una banda de criminales dedicados a robo de autos, al trafico ilegal de armas y drogas ---entre los arrestados figuran miembros de pandillas y por los menos 42 de ellos enfrentan cargos federales.. ---los oficiales decomisaron 95 armas y 48 autos robados... vo/cesar esta madrugada ardua labor tuvieron los bomberos de san jos... esto luego que alrededor de las cuatro de la maÑana se reportara un incendio

persky argued the recall should be handled by the state and not the county. if the court sides with him, recall organizered would have to start all over again. those organizers say persky has a pattern of bias in cases involving sex crimes, including the case against former stanford swimmer brock turner. >> it's officially 4:30 in the morning. if you're just joining us, let's get a quick look at weather and traffic starting with mike nicco. >> good morning. let's open up the weather window on the exploratorium. the marine layer getting compressed. we could see some fog in some areas. kaptd see the top of the buildings from the camera at pier 15, as we look back towards downtown san francisco. 12-hour day planner, temperatures close to where we were at this time yesterday. 60 to 61, the bottom numbers and the coolest at the coast, the middle numbers, 72 at noon and 75 at 4:00 for the bay, and 78 to 85 for our inland neighborhoods. we'll be back to the 60s and 70s by 7:00. we'll look at your commute planner as far as weather goes. as far as traffic goes, here's

persky's attorneys have filed a lawsuit arguing judges are state officers. any efforts to be called in should be filed with state election officials. he's expected to join the county officials, telling the court the drive is legal and should resume. persky was targeted for remove to just six months in jail for sexually assaulting an unconscious woman. 58,000 signatures are needed to get the recall measure on the ballot. >>> san jose state is at the center of the counter protest. the sit in is set for tomorrow afternoon at 3:30. organizers are upset he is still employed at the college. in 2015 the car was found being sexually harassed by a female student put on paid administrative leave. he had to step down as department chair. the students organizing the protests say they are infuriated to allow the cars to return. >>> a san francisco police officer is due in the pittsburgh community tomorrow. the 37-year-old was arrested earlier this month. the sfpd horse stable, where you have been working during the investigation. contra costa prosecutors are handling the

. >>> officials are searching for a judge in the efforts to recall judge aaron persky . jesse gary reports the state attorney general has spoken. >>reporter: attorneys representing the secretary of state appeal the ruling giving judge aaron persky a victory to have him recalled, it halted efforts that have collected 90,000 signatures over five months. >> the attorney general and secretary of state have intervened in the case on the side of our campaign to say we should be allowed to go forward and collect our signatures. grove oak documents filed say he can appeal which will allow the collection to begin. >>reporter: judge aaron persky filed an injunction and said as an officer of the court the secretary of state not the registrar of voters should oversee the recall. he has become infamous after sentencing of brock turner to six months in jail for sexually assaulting an unconscious woman outside a party near campus in 2015. he served three months and was released in september. the sentence which many saw as lenient outraged many in the women's rights movement which would

if the court sides with persky, they would have to start all over again. the judge has a pattern of bias in cases involving sex crimes, including the case against former stanford swimmer brock turner. >> piedmont's mayor has resigned amid comments he posted inflammatory comments on facebook. they told the times jeff wiler posted statements like, quote, black lives matter encourages cop killing. and, quote, transgenders are mentally ill. it was enough for the city council to call a special meeting for today to consider ousting wiler. since he resigned, that meeting has been canceled and in a statement, he said, quote, i'm am proud of what i accomplished as a civic volunteer. i am less proud of how my service as mayor is ending. he will remain on the council. >> let's take a lack at the advisories out there. they're both until 9:00 this evening. the orange, that is a heat advisory. that's because temperatures in the orange areas which is the san francisco bay shore up into parts of the north bay, 85 to 95 degrees. now, the excessive heat warning, the areas y

a major victory today for the group working to recall santa clara superior court judge aaron persky. the recall competition given the green lights. volunteers have 160 days to collect nearly 59 now verified signatures to get the recall measure on the june ballot. efforts to recall persky began after he sentenced brock turner to six months in jail for skauly assaulting a woman at a fraternity party on campus. many thought the sentence was too light. >>> he was a well respected leader on the cal campus. chief counsel chris patti killed in hit-and-run bike crash. he had pulled onto the shoulder on river road west of gunnerville when a car lost control on a curve and hit him. the license plate of the car hit him fell off at the scene. >> it won't stop. we track tropical storm harvey tonight. a storm hitting right at the heart of the nation's oil and gas production. as a result the entire country could feel the impact at the gas pump. the storm hit at the heart of the nation's oil and gas production. the gulf course produces 5 million barrels of oil a day. nearly a third of the rf refinin

persky argued the recall should be handled by the state and not the county. if the court sides with him, recall organizered would have to start all over again. those organizers say persky has a pattern of bias in cases involving sex crimes, including the case against former stanford swimmer brock turner. >> it's officially 4:30 in the morning. if you're just joining us, let's get a quick look at weather and traffic starting with mike nicco. >> good morning. let's open up the weather window on the exploratorium. the marine layer getting compressed. we could see some fog in some areas. kaptd see the top of the buildings from the camera at pier 15, as we look back towards downtown san francisco. 12-hour day planner, temperatures close to where we were at this

. >>> a judge has ruled that judge aaron persky can face a recall effort to remove him from the bench because of his controversial sentencing in a sexual assault case. the judge issued a tentative ruling thing that was superior court judges are officers of the state, those same judges can be recalled by county voters. the judge decision lifts an injunction that allows a recall group to start to collect signatures. judge persky became the target after he sentenced former stanford student, brock turner, to only six months in jail for sexually assaulting an unconscious woman. >> this ruling validates our belief that judge persky filed a frivolous lawsuit that was intended to stall and delay and obstruct the democratic process. >> is not a stall tactic. it's about following the law. the people of this state voted for the constitution and approved it. that needs to be respected. >> the recall group will begin collecting signatures today for the recall. >>> san francisco has named an executive director of the new office of cannabis according to the examiner. the paper said nicole elliott wi

judge persky filed a restraining order to halt their efforts. the judge says that because he is a state officer, it's up to the california secretary of state to decide if he should be recalled, not the county. but the attorney general filed papers which should allow the recall effort to continue. >> very upsetting to the women of this county that he is trying to silence us, sexual assault survivors are familiar with the feeling of being silenced. this is one more attempt by judge persky to further silence sexual assault survivors and we're not having it. >> if the recall goes through, and they collect more than 90,000 signatures, it would come up in the june 2018 election. >>> the city of santa clara is demanding a big turnover from the 49ers. a new city audit shows the 49ers owe nearly $2 million to cover their costs at levi's stadium. that includes money spent on public safety, parking fees and city staff. >> taxpayer money has been spent. it needs to be reimbursed and we need to change the way we do business on how we manage and operate that

. >>> today the push to get judge persky recalled is being pushed by the state attorney general. advocates say there have been light sentences for sexp sex offenders including former stanford university swimmer brock turner. pesky filed a motion to stop the recall on technical grounds. when informed of padilla's position, persky's attorney said, i don't know why the secretary of state has that position. but these are questions of law for the judge to decide. >>> democrats are pushing to change the recall recalls in the state. they proposed a new bill to delay the recall election for democratic orange county senator. they want him recalled for his vote over a gas tax increase. election officials say they gathered enough signatures for the recall to move forward but it would allow people to remove their name from the petition. if newman recalled, democrats would lose their senate supermajority. >>> the city of santa clara and the 49ers are butting heads yet again this time all because of an audit. coming up, we heard from the 49ers just moments ago on why they say the mayor's plan

if the court sides with persky, that means they would have to start this recall all over again. organizers say persky has a pattern of bias in cases involving sex crimes, including the case against former stanford swimmer brock turner. >>> the u.s. navy says divers have recovered the remains of all ten sailors who went missing after the "uss john mccain" and an oil tanker collided near singapore. divers found the remains over the weekend in flooded compartments of the destroyer. the cause of last monday's collision is still under investigation. the top u.s. navy commander has ordered ships around the world stop and retrain sailors in proper procedures and safety precautions. >>> president trump plans to sign an executive order that restores military equipment to local law enforcement ageagies. the a.p. reports it will give them access to grenade launches, firearms, and other gear, and this would undo an obama administration order that limited the distribution of the military gear. jeff sessions is in nashville today for a national gathering of the fraternal order of police. he c

persky argues the recall should be handled by the state and not the county. if the court sides with him, recall organizers would have to start all over again. they say persky has a pattern of bias in cases involving sex crimes, including the case against former stanford swimmer brock turner. >> two right wing demonstrations set for this weekend will be met with a huge force of -- show of force by police. right now, berkeley and san francisco departments preparing their officers. >> in san francisco, that means every single officer will be on duty. abc7 news reporter amy hollyfield live for us at crissy field. good morning, amy. >> reporter: good morning. the rally isn't even officially approved yet, but the police department is smaking big plans. according to our media partner, the san jose mercury news, all time off has been canceled for san francisco police for this saturday. every officer is working because of the crissy field rally. but mayor ed lee is telling people to not even come here, to not dignify the event. he says this just isn't welcome in san f

judge persky hired donald trump's arizona state chair to run his campaign. everything that you need to know good b. judge persky's attitude against women and sexual assault is summed up in the fact that he is working with the trump campaign. this is a classic move out of the trump play book to file a frivolous lawsuit to zap resources and it won't work. >> you are trying to raise 96,000 signatures in santa clara valley to have him removed from the ben: how does the paperwork impact that? >> as i said, judge persky filed a frivolous lawsuit after the county approved our petition last week. right now the attorney general, the secretary of state, the register tar of voter -- registrar of voters agree with us and think that the signature drive should go forward. we have the right under the first amendment to collect the signatures. this injunction that the judge has obtained is a violation of our first amendment rights. it is an insult to the voters of the county. >> if the injunction is not upheld, the signature collection moves forward. yes? >> absolutely. >>

persky sparked the recall effort when he sentenced former stanford university swimmer brock turner to six months in jail for sexual assault in july 20-16. (terisa @ landing) the solar eclipse is just over a week away. and now it's becoming increasingly difficult to find special eclipse glasses to get a good look at it. astronomers say looking at the sun during an eclipse can cause serious damage to your eyes. even a brief glance at the sun can cause blurry vision or temporary blindness. so astronomers recommend you wear special eclipse glasses to protect your eyes and better see the eclipse. most stores have run out of the glasses. but fremont libraries were fortuneate enough to have the space science institute send out two million glasses to local libraries across the country.<> <>(brian edwards/principal librarian, fremont libraries): "i was very surprised. i went back online to see if i could expand the order and people are selling out.everywhere they're selling out. so i wanted to buy more but they were all out and i was really surprised to see the demand of glasses."(terisa) frem