dan: a disappointing outcome for former theranos ceo elizabeth holmes. her attorneys worked to get her entire case thrown out, but the judge limit narrowly denied that request. ama: zach fuentes has more on what the judge says led to his decision. zach: former theranos ceo elizabeth holmes walked into the courthouse in san jose, the team hoping the judge would grant their motion for acquittal. >> what ms. holmes was saying was there is not enough evidence against me, i want a not guilty from the court. this was not about getting a new trial, this was about never getting sentenced. zach: it comes months after a jury found her guilty on four counts of wire fraud. her attorneys say government prosecutors didn't prove she committed fraud. they say the core allegation against her is that she misrepresented theranos technology, but they say she believed in the technology. attorneys argue the same thing in the trial that led to her conviction. in in acquittal hearings like this, the court has to strongly consider the verdict the jury already came up with. >> th

yeah julie elizabeth holmes. attorneys say the star witness for the prosecution showed up at her door last month wanting to talk . dr adam rosen. dorf was theranos lab director and testified about major problems with the company that helped lead to her conviction. new allegations from elizabeth holmes defense team claimed former lab director adam rosen dorf showed up at her home on august 8th in new court filings tuesday. the attorneys claim rosen dorf spoke with homes boyfriend billy evans. they claim rosen dorf said he quote felt that he had done something wrong and thought a conversation with homes would be healing. he wants to switch his own conscience and he'll as he said , by talking to her. i'm not sure what good that is going to do, testified over several days at trial, helping prosecutors convict that their nose founder on four counts of fraud and conspiracy. he was also a confidential source for the wall street journal, which exposed the theranos deceit in 2015. defense attorneys now wants a new trial i

elizabeth holmes requesting a new trial. in a motion filed this week, her legal team points to an uninfected visit to her home last month by dr. adam rosen north, who allegedly said he felt guilty and part like has been something on in connection with his testimony at the trial. >> this testimony was important. the government in terms of putting the story together. however, a lot of the allegations, in particular the ones elizabeth holmes was convicted of, involved thought made to you investors. >> coming up, we talking to legal expert danny brooks. kumasi: the queen of the netherlands is waking up in san francisco this morning as she prepares for the two of her bay area to her. she is here on official business, to talk about tech and climate change and to promote du tch culture. she was hosted on the balcony. after a meeting in the castro, it was a seminar on the challengers facing various regions. >> so many conversations stem from lack of housing. the nothingness faces please claim challengers, especially in amsterdam --

. >>> disgraced theranos founder elizabeth holmes was back in federal court today, hoping to convince a judge to overturn a jury's verdict. holmes is just weeks away from being sentenced after she was convicted on multiple counts of fraud. you see her here today in san jose. her legal team filed what's called a rule 29 motion arguing the prosecutors had failed to prove their case and that jurors got too wrapped up in things like text messages between her and former co-executive and ex-boyfriend sunny balwani. legal analysts say asking the judge to throw out the jury's verdict is a long shot. >> 29 motion is something every criminal defense attorney has to do when their client is convicted in federal court. essentially, what you're doing is preserving a point for your appeal. >> late this afternoon, the judge preliminarily ruled against elizabeth holmes. holmes faces up to 20 years in prison. she'll be sentenced in october. her attorney says they now intend to file motions for a new trial based on new evidence. >>> up next, an nbc bay area exclusive. were the students out of line or pr

so why was elizabeth holmes back in court today? we are live outside the courthouse. ents are on track. “we got this, babe.” so go do what you love. thanks for being our superhero. only at vanguard, you're more than just an investor—you're an owner. giving you flexibility to follow your dreams. that's the value of ownership. in order for small businesses to thrive, giving you flexibility to follow your dreams. they need to be smart. efficient. agile. and that's never been more important than it is right now. so for a limited time, comcast business is introducing small business savings. call now to get powerful internet for just 39 dollars a month. with no contract. and a money back guarantee. all on the largest, fastest reliable network. from the company that powers more businesses than anyone else. call and start saving today. comcast business. powering possibilities. this? this is supersonic wifi from xfinity. it's fast. so gaming with your niece has never felt more intense. incoming! hey, what does this button do? no, don't

a lot has happened since elizabeth holmes' guilty verdict. she just tried to get her own conviction thrown out. but, the judge upheld the verdict. let's break it all down jewel rosenblatt who was in the courtroom every day and was there for this latest decision. what happened? >> yesterday's hearing was rather routine, similar to -- her lawyers argued the verdict should be thrown out for insufficient evidence. that the government did not really unmask the evidence required to convict her on the various accounts she was convicted of. that was quickly dismissed. surprisingly from this judge who likes to consider everything, he was not having it. emily: what is next? does she have other options? >> she does. we are entering the end game of her legal odyssey. but, there is going to be a flurry of activity. we have her sentencing next month and assuming that goes well for the prosecution, she will show up for prison 60-90 days after that however, yesterday at the hearing, she threw something of a curveball. this is a different kind of motion in wh

following silicon valley star elizabeth holmes. a star witness in her fraud case. > >> if you love stadium food, imagine getting paid to eat it.w you can go pro in the nfl as a . >> a grape grower in the napa valley is tweaking his technique technique to adapt to climate change. john ramos shows us your your next class of merlot may be be from grapes on the same vine. vine. >> reporter: i'm standing in one one of the most unique vineyards unique vineyards in all of napa valley. they may be offering the the industry to get double the crop on the same amount of landy 2:00 p.m., it was 115 degrees in in mark neil's rutherford vineyard. yesterday was even hotter. at 118. neil has seen a lot in his 56 years of farming. >> but i have to say this one is is catching my attention. the lt time i saw 118 was yesterday. a, the previous one was like, i thk the 77 or 76 here in napa valley. >> reporter: neil began helping his dad grow grapes when he was only eight. bought his first tractor at age nine. along the way, he became something of a mav

following silicon valley star elizabeth holmes. a star witness in her fraud case. > >> if you love stadium food, imagine getting paid to eat it.w you can go pro in the nfl as a . what's the difference between prop 26 and prop 27? 26? not one dime to get people off the streets and into housing 27 generates hundreds of million to help solve homelessness. the choice is clear yes on prop 27. what's the difference between prop 26 and prop 27? 26 is a money grab that doesn't guarantee a cent 27 requires 15% of all state revenues go to non-gaming tribes. the choice is clear. yes, on 27. >> a grape grower in the napa valley is tweaking his technique technique to adapt to climate change. john ramos shows us your your next class of merlot may be be from grapes on the same vine. vine. >> reporter: i'm standing in one one of the most unique vineyards unique vineyards in all of napa valley. they may be offering the the industry to get double the crop on the same amount of landy 2:00 p.m., it was 115 degrees in in mark neil's rutherford vineyard

. >> coming up, could theranos founder elizabeth holmes get a new trial? howard key witness could change her and a new report surfaces about the documents seized from former president trump's mar-a-lago home. some of them so classified only you might already know that prop 27 taxes and regulates online sports betting to fund real solutions to the homelessness crisis. so how will that new revenue be spent? new housing units in all 58 counties, including: permanent supportive housing, tiny homes communities, project roomkey supportive hotel units... and intensive mental health and addiction treatment. in short, 27 means getting people off the streets and into housing. yes on 27. >> there are more details on the documents seized by the fbi from former president trump's mar-a-lago home reports say that of the more than 300 classified documents, one of them describes of foreign governments, military defenses, including its nuclear capabilities and the files, they say contained top secret information. so sensitive only the president or a cabinet member could acc

. >>> elizabeth holmes' last-ditch effort. as the convicted theranos founder awaits sentencing, she's seeking a new trial. what her lawyers are calling newly disovered evidence. >>> also this morning, seattle teacher strike. the city canceling classes on what would have been the first day of school with a teacher shortage around the nation. >>> how do you like them new apples? with the tech giant set to announce pricey new iphones, the simple smartphone refresh steps you can take to give your old phone new life. ♪ i wanna fly like an eagle to the sea ♪ >>> and bird's last flight. four-time wnba champion sue bird and her all-star stellar 21-year career coming to a close on the court overnight as fans in seattle and around the world applaud the five-time olympic gold champion. >>> thank you, sue. that's what the crowd, it was so wonderful it was able to end there in front of the home fans. what a career. much more on sue bird's send-off coming up. >>> we are looking forward to that. we're going to begin with the dangerous si

. >> coming up, disgraced theranos founder elizabeth holmes was in court today with her legal team is asking for the good give her less time behind bars. and the south by woman searches for her stolen, please, that were taken from her while she was sleeping. >> says a woman is searching for her puppies after she says somebody stole them from her living room while she was sleeping. ashley kindred says it happened early friday morning. you see the pups there from a previous video. the thieves climbed in through a window after pushing in a portable air conditioning unit. a total of 6, 3 week-old puppies were taken from the home. kindred says because they're so young, she's concerned if they're not properly cared for some of the puppies could die. >> they need to be eating every 2 hours. they were just starting out on a very fine, happy moose, but we're still photo feeding them. i just want my puppy back. >> the suspects took a few other items, but kindred says that doesn't matter to her. she's posted on craigslist next or instagram. facebook trying to get the word out offering cash for i

prosecutors are trying to block convicted their nose founder elizabeth holmes from getting new trial. defense attorneys for holmes argued earlier this month that she should receive a new trial based on new evidence that they say could overturn her conviction. her attorneys claim one of the key witnesses in the trial, went to visit her at home this summer. prosecutors accused holmes's attorneys of merely trying to delay her sentencing, which is still scheduled for october. 17th holmes faces up to 20 years in prison after being convicted of fraud in january. president biden improving puerto rico's disaster declaration tonight the urgent effort underway right now to help those hard hit communities plus last week's earthquake in santa rosa , unleashing water into a local creek. the incredible surprise for schoolchildren in that area. the showers have moved on to the north and the east. we're drawing out. we're warming up the weekends around the corner. i'll let you know what you can expect back here after welcome to subway's biggest refresh yet. they're drafting 12 new subs for their all-

. >>> theranos founder elizabeth holmes is asking for a new trial citing newly discovered evidence. a jury convicted her earlier this year of defrauding investors in her blood testing company. now her lawyers say a witness for the prosecution approached them expressing guilt over his testimony against holmes. the witness, dr. adam rosendorf, testified he repeatedly warned that the blood testing was inaccurate. >> dr. rosendorf was clearly the main or one of the main government witnesses. he was head of the clinical lab at the time that these events took place, so he was the person who knew what was happening in the lab, who had direct communication with elizabeth holmes and also interacted with sunny balwani. >> if her request for a new trial is not granted, holmes faces up to 20 years in prison. >>> listen to this. a new study finds you could significantly reduce your risk of dementia simply by taking a brisk walk each day. researchers found as few as 3,800 steps per day could help and people who walk about 9,800 steps each day were 50% less likely to develop dementia. now, the stu

. > >> still ahead, there are no sound or elizabeth holmes had baxter court in her bid to get her fraud conviction overturned. overturned. what a judge decided decided there, plus, >> a long suit against her dad being built on the santa clarita clarita hills in the middle of extreme drought, why the sierra club is trying to block the dam. dam. the environment of damage they say that can be done. > >> you might already know that prop 27 taxes and regulates online sports betting to fund real solutions to the homelessness crisis. so how will that new revenue be spent? new housing units in all 58 counties, including: permanent supportive housing, tiny homes communities, project roomkey supportive hotel units... and intensive mental health and addiction treatment. in short, 27 means getting people off the streets and into housing. yes on 27. >> a battle is intensifying in the south bay over plans to build a new dam and reservoir. if approved, it will be built in in south santa clara county east east of gilroy off highway 152. as kpix 5 len ramirez reports, the sierra club is now behind a law

elizabeth holmes is not done trying to get out of this. attorneys say now they plan to file a motion for a new trial based on new evidence. they don't say what that evidence is. holmes sentencing scheduled for october 17th at that point she can then file a full-blown appeal. experts say that she is not likely to get the maximum sentence here, but because of the amount of loss, upwards of $1 billion, she is likely to face some serious prison time. >>> some of the biggest names in hollywood will star in a new movie about last year's game stop stockmarket madness. it is called dumb money. according to variety seth rogen, pete davidson, paul dano, and sebastian stan will headline the movie dumb money. it will focus on the infamous short squeeze movement that built up around game stop. back in january of 2021 a group of reddit users banded together to pump the stock value of game stop and other so-called meme stocks. the result, some traders made millions while short-sellers and major hedge funds got crushed. that led to calls, as you might exp

. >>> disgraced theranos founder elizabeth holmes back in federal court today in a hail mary effort to overturn her guilty verdict. nbc bay area's ian cull was in the courtroom today as attorneys for holmes asked a judge to overrule the jury. >> reporter: elizabeth holmes is weeks from being sentenced, and today making a motion to throw out her guilty conviction on multiple counts of fraud. she arrived at the federal courthouse in san jose once again, holding her mother's hand. her attorneys filing what's known as a rule 29 motion, not asking for a new trial, but for an outright acquittal. they argued the prosecutors didn't prove their case and that jurors drew too many false conclusions from those now infamous text messages between holmes and her fellow executive and one-time lover sunny balwani. we spoke with legal analyst dean johnson to explain it further. >> the rule 29 motion is something pretty much every criminal defense attorney has to do when their client is convicted in federal court. essentially, what you're doing is preserving a point for your appeal. >> reporter: the jury

a federal judge has upheld the conviction of former thoroughness, c o elizabeth holmes. her company was worth $4500000000.00 before the discovery that her blood diagnostic technology didn't work and that she had defrauded investors. homes faces up to 20 years in prison when she sentence next month. a 130000 air passengers have been told to change their weekend travel plans of pilots at germany's lufthansa state a 24 hour strike. the airline has canceled over 800 flights. the pilots union is seeking a 5.5 percent pay rise this year. rollins, i, if i a consumer electronics fair has opened its doors. but the latest gadgets on gizmos from the tech industry product on show include pocket translators, dulcie data, and recycled readers. the annual fair is returning after a 2 year corona virus enforced hi aces. with a little over a 1000 exhibitors. it's smaller than before. now world leaders meeting at the g 20 energy talks and bali have failed to come up with a binding plan on how to transition to cleaner energy. they did, however, agree on the need to accelerate the move towar

theranos founder elizabeth holmes from getting a new trial. the prosecutors accuse homes lawyers trying to delay her sentencing is still scheduled for october. 17 defense lawyers argued earlier this month she should get a new trial based on new evidence that they say could overturn her conviction. her lawyers claim one of the key witnesses in the trial, visited her home this summer. elizabeth holmes faces up to 20. years in prison after being convicted of fraud back in january. same as a city officials hope a new google transit village will help bring a big boost to downtown during a press conference, the city's dire tax revenue is down 38% in downtown san jose, compared to pre pandemic levels outside of downtown sales are back to normal. city officials state. google's downtown plan would add millions of square feet of office space. along with 4000 new homes, major construction could get underway as soon as 2024 times 7 44 california senator alex padilla announced new funding for small businesses. it's that's aside more than $1 billion for cal

new allegations from elizabeth holmes defense team claimed former lab director adam rosen dorf showed up at her home on august 8th in new court filings tuesday. the attorneys claim rosen dorf spoke with homes boyfriend billy evans. they claim rosen dorf said he quote felt that he had done something wrong and thought a conversation with homes would be healing. he wants to switch his own conscience and he'll as he said , by talking to her. i'm not sure what good that is going to do, testified over several days at trial, helping prosecutors convict that their nose founder on four counts of fraud and conspiracy. he was also a confidential source for the wall street journal, which exposed the theranos deceit in 2015. defense attorneys now wants a new trial in the case or at minimum, a hearing where rosen dorff would have to answer questions under oath. ktvu legal analyst michael cardoza says. that's a long shot at best. this court is not going to grant a new trial. a lot of what the doctor says is his opinion. the government tried to make witnesses look bad. well was it the government or w

elizabeth holmes attorney is now asking for a new trial in her ongoing fraud case. the key witness at the center of this request, plus we're going to do everything we can to find you and bring you back to face charges are victims. families deserve that. a man accused of fleeing to mexico after killing his girlfriend face to san jose judge today what we learned from police santa clara county taking legal action against rihanna why the county is accusing the singer's company of fraud. and the san francisco 40. niners kicked the season off on sunday on the road in chicago as the trade lance era begins joe fonzi trade lance era begins joe fonzi with that story coming up what's the difference between prop 26 and prop 27? 26? not one dime to get people off the streets and into housing 27 generates hundreds of million to help solve homelessness. the choice is clear yes on prop 27. with xfinity internet, you get advanced security the choice is clear that helps protect you at home and on the go. you feel so safe, it's as if... i don't know... evander holyfield has your back.

i'm thinking of elizabeth holmes and the trail you and i covered in san jose. the big differences this is a publicly traded company. emily: on that note, you're referring to the trial of elizabeth holmes, lengthy trial, several months. is that what you are expecting here? ed: we are expecting five weeks. the judge briefed the jury that they can expect to be seated until october 14. it's just a wide range of documentary and witness evidence to go through. trevor milton was an avid tweeter, many of the statements he said were tweets, their promotional videos, interviews, podcasts. five weeks it will last, the first three weeks will likely be the prosecution making their arguments and calling on their witnesses before the defense towards october. emily:ed ludlow, we will continue to get your updates from the courtroom. that does it for this edition of a bloomberg technology. we will talk things all thing merge on thursday. don't forget to check out our podcast. i'm emily chang in san francisco. this is bloomberg. ♪ when people come, they say they've tried lots o

theranos founder elizabeth holm holmes with a legal set back over her prison time. >>> and cnbc's delivering alpha returns on september 28th with policymakers and investors sharing their expert insight scan the qr code forego to deliveringalpha.com for more information. we'll be right back. because you've got the next generation in global secure networking from comcast business. with fully integrated security solutions all in one place. so you're covered. on-premise and in the cloud. you can run things the way you want - your team, ours or a mix of both. with the nation's largest ip converged network. from the most innovative company. bring on today with comcast business. powering possibilities. what if you were an iconic tournament that wanted to keep millions of fans on the edge of their seats? so, you partner with ibm consulting and use ai to analyze millions of data points to help predict player performance and bring fans closer to the action. now you're serving up head-turning insights and transforming your business into the top seed. let's create experiences that ace it with your fans.

. > >> tonight elizabeth holmes has made her second request for a new trial. she is claiming evide presented at the trial of her former boyfriend and business partner may have changed the jury's mind. she filed a separae motion claiming a key prosecution witness recently turned up to apologize. she seto be sentenced on four counts of felony fraud next month. > >> the santa clara county fairgs is giving out updated coronavirus booster shots. the vaccines target the omicron strains along with the original. original. > >> steve jobs daughter is takina public jab at the new iphone. check out this time space wormhole i creat how's it work? let me see your togo, and i'll show you. "poof" burt, you have my lunch. introducing togo's new pastrami cheese ste loaded with our world famous pastrami, sauteed mushrooms, roasted red peppers, and smothered with melty american cheese. the new pastrami cheese steak. try steak or chicken, too. now at togo's >> the daughter of steve jobs seemed underwhelmed by the latest update to her late father's flagship product. the d the ipho

elizabeth holmes stories. elizabeth holmes another step closer to going to prison. a judge declined declined to throw out the felon. she's facing a maximum 20 year . the judge will issue final rulig next month. > >> state lawmakers voted to extd light of diablo canyon plant instead of shutting it down in 2025. this is to keep california's last nuclear powert in operation for another five years to meet the state's emergency demands. this comes as as soaring temperatures push energy resources to the limit. > >> as drought deepens, legal bae heating up against a projection that promises to double santa clara's water storage capacity.a club has joined a lawsuit seekig to block $2.5 billion plan to build a new dam up stream from the old one. the environmental group says the project will drive up water rates for consum. a big story today is the weathe. a lot of people will try to beae heat. > >> absolutely. i advise them tof you can get a beach trip in, gos it is looking beautiful. let's start with today. things are confusing. we have been talking about crazy heat. first

. > >> tonight elizabeth holmes has made her second request for a new trial. she is claiming evide presented at the trial of her former boyfriend and business partner may have changed the jury's mind. she filed a separae motion claiming a key prosecution witness recently turned up to apologize. she seto be sentenced on four counts of felony fraud next month. > >> the santa clara county fairgs is giving out updated coronavirus booster shots. the vaccines target the omicron strains along with the original. original. > >> steve jobs daughter is takina public jab at the new iphone. new astepro allergy. now available without a prescription. astepro is the first and only 24-hour steroid free spray. while other allergy sprays take hours astepro starts working in 30 minutes. so you can... astepro and go. every search you make, every click you take, every move you make, every step you take, i'll be watching you. the internet doesn't have to be duckduckgo is a free all in one privacy app with a built in search engine, web browser, one click data clearing and more stop c

new legal fight involving elizabeth holmes. a federal judge's decision on a mn from the theranos founder. > >> a battle is intensifying in h bay. push back over what's it like having xfinity internet with supersonic wifi? it's fast... like beyond-gig-speed fast. yeaaaaaaaaay!!! with three times the bandwidth, and the power to connect hundreds of devices at once. get the xfinity supersonic bundle with unlimited gig speed internet, wifi equipment included and a free 4k streaming box. all for $50 a month with a 2 year internet rate guarantee and no annual contract when you add xfinity mobile with unlimited data. switch today! without the right start to your day... your morning could hit a wall. that's not the door. i got it! belvita breakfast biscuits are baked with slow-release carbs and provides steady morning energy to help you rise and thrive. >> thanks for staying with us. a with us. a bay area beat we will will start with a legal unr elizabeth holmes. a fed value je slapping down the motion to have have her conviction thrown

kumasi: and what a judge it said about elizabeth holmes attempt to have her conviction thrown out. liz: as we head to break, a live look outside this morning. without the right start to your day... your morning could hit a wall. that's not the door. i got it! belvita breakfast biscuits are baked with slow-release carbs and provides steady morning energy to help you rise and thrive. want a permanent solution to homelessness? and provides steady you won't get it with prop 27. it was written and funded by out-of-state corporations to permanently maximize profits, not homeless funding. 90% of the profits go to out-of-state corporations permanently. only pennies on the dollar for the homeless permanently. and with loopholes, the homeless get even less permanently. prop 27. they didn't write it for the homeless. they wrote it for themselves. what's it like having xfinity internet with supersonic wifi? it's fast... like beyond-gig-speed fast. yeaaaaaaaaay!!! with three times the bandwidth, and the power to connect hundreds of devices at once. get the xfinity supersonic bundle with unlimit

lisbeth holmes -- >> elizabeth holmes faces up to 20 years in prison and a 1000 dollar fine. kumasi: the cdc signed off on these redesigned shots, meant to protect against the omicron variant. pfizer says the first doses of its booster have been in 62 -- have been shipped to 62 locations across the country. >> the hope here is not to have to give lots of vaccines each year. the hope is to have this be the vaccine that holds us for as much of or the entire season if it can. kumasi: if you are fully vaccinated, you would be eligible two months after your most recent shot. pfizer expect to deliver 3 million doses by tuesday, authorized for people 12 and older. moderna's updated vaccine has been authorized for people 18 and older. liz: a series of bills addressed -- addressing climate change are heading to governor newsom's desk. they help california become carbon neutral by 2045 and reduce electricity from clean sources by 2035. they establish guidelines for capturing carbon and storing it underground. republicans criticized the bill, saying it will destroy in-state jobs and req

elizabeth holmes tribes to get her guilty verdict thrown out. in oakland couple sharing ♪ ♪ aleve x. its revolutionary rollerball design delivers fast, powerful, long-lasting pain relief. aleve it, and see what's possible. what's it like having xfinity internet with supersonic wifi? it's fast... like beyond-gig-speed fast. yeaaaaaaaaay!!! with three times the bandwidth, and the power to connect hundreds of devices at once. get the xfinity supersonic bundle with unlimited gig speed internet, wifi equipment included and a free 4k streaming box. all for $50 a month with a 2 year internet rate guarantee and no annual contract when you add xfinity mobile with unlimited data. switch today! larry: this cd fee -- the cdc voted to recommend new boosters. they offer protection against the ba.4 and ba.5 omicron subvariant. kristen: half of people who are fully vaccinated have received the first booster dose which was approved last year. larry: there's been an increase in demand for those free at-home tests from the federal government. tomorrow is the d

there is a new development in the fraud case of elizabeth holmes, the founder of theranos. her attorneys are asking for a new trial. they say former theranos lab director adam rosen. dorf came to homes house early last month and said he needed to talk to her. rosendo testified in homes trial now he was also the confidential source of a wall street journal reporter. who exposed that there are no case back seven years ago, ktvu legal analyst michael cardoza says getting rosen dorf to answer new questions under oath is a long shot at best. this court is not going to grant a new trial. a lot of what the doctor says is his opinion. the government tried to make witnesses look bad. well was it the government or was it the facts of the case that made the witnesses look bad? the defense team says if it can't have a new trial, it wants a new hearing where rosen dorf must answer questions under oath homes is scheduled to be sentenced on four counts of conspiracy and fraud on october 7th. she could be sent to prison for as long as 20 years. steve bannon, a longtime ally of former presi

and could elizabeth holmes get a new trial? and the theranos case out key witness in her case? what changed her fate? and it's been hot for quite some time. could we finally see a cool down? >> talk about that with your 10 forecast coming up next. you might already know that prop 27 taxes and regulates online sports betting to fund real solutions to the homelessness crisis. so how will that new revenue be spent? new housing units in all 58 counties, including: permanent supportive housing, tiny homes communities, project roomkey supportive hotel units... and intensive mental health and addiction treatment. in short, 27 means getting people off the streets and into housing. yes on 27. have you seen my new phone yet? it like, folds in half. i would never switch to samsung, i love my phone. what??? ♪ (...it folds in half.) you see i love my phone. i would never switch to samsuuu... (gasping) ♪ >> now at 10, 30, we're taking a look at pg and e's live outage map. this shows the bay area as you can see right now, there are still a number of outages all around the bay area. we can

. >> reporter: amanda seyfried won for her role in the elizabeth holmes documentary. >> when i was a little girl, all i wanted to see me in the media, someone fat like me, black like me, beautiful like me. >> reporter: on the traditional network side, abc's "abbott elementary" won for comedy wried i writing, while cheryl lee ralph sang out her acceptance speech for best supporting actress. host keenan thomas promised to keep the toe show drama-free and he delivered. >>> coming up, the country's first confirmed monkeypox death. what they're saying about the victim. >>> and a wild finish if you will. a humpback whale gets extra close to tourists. this is the "cbs morning news." close to tourists. this is the "cbs morning news." keep the toe show drama-free and lactaid is 100% real milk, just without the lactose. tastes great in our iced coffees too. which makes waking up at 5 a.m. to milk the cows a little easier. (moo) mabel says for you, it's more like 5:15. man: mom, really? does your vitamin c last 24 hours? only nature's bounty does. with immune 24 hour plus... you get longer-last

still ahead here at 3 o'clock, elizabeth holmes trial. how a key witness in her case could change her fate. and as the extreme heat continues, there is now pushing the state's capital to start ranking the severity. a dangerous heat events. also, apple unveils events. also, apple unveils its newest iphone model meet leon the third... leon the second... and leon... the first of them all. three generations, who all bank differently with chase. leon's saving up for his first set of wheels... nice try. really? this leon's paying for his paint job on the spot... and this leon, as a chase private client, he's in the south of france, taking out cash with no atm fees. that's because this family of leons has chase. actually, it's león. ooh la la! one bank for now. for later. for life. chase. make more of what's yours. ♪ today, my friend, you did it... ♪ today you took delicious centrum multigummies and took one more step towards taking charge of your health. they're packed with essential nutrients for energy and immunity support. so every day,

could elizabeth holmes get a new trial? will tell you how a key witness in the case could change her fate will explain. meet leon the third... leon the second... and leon... the first of them all. three generations, who all bank differently with chase. leon's saving up for his first set of wheels... nice try. really? this leon's paying for his paint job on the spot... and this leon, as a chase private client, he's in the south of france, taking out cash with no atm fees. that's because this family of leons has chase. actually, it's león. ooh la la! one bank for now. for later. for life. chase. make more of what's yours. we're back. it's 6.24. and a big national story. we have the fbi now whose agents searched former president donald trump's mar-a-lago home saying they found documents about another country's nuclear capabilities and military defenses. that's all according to a report from the washington post. not clear which country was identified in the documents, but the post had reported last month that the fbi had been

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. >>> elizabeth holmes is a step closer to serving prison time after a federal judge declined to overturn her guilty verdict at least for now. the theranos founder will be sentenced in october for defrauding investors in her blood-testing startup. she could face up to 20 years in prison and a quarter million dollar fine plus restitution. >>> some tweets can be tweaked. twitter is testing an edit button to allow use force change their tweets up to 30 minutes after they're posted. twitter says it's their single most requested feature and could be rolled out to paying twitter blue subscribers in the coming weeks. i'm bradley blackburn, cbs news, new york. >>> well, you probably know this song -- mattel says the rhythm is going to get you. the company has released a barbie modeled after gloria estefan. the singer worked closely with the team on making the figure. it celebrates her 1989 hit and tour "get on your feet." >> i sent them my actual thigh-high boots and jacket from that tour because we decided that it's probably one of the most iconic looks other than the chaps. and i thought this w

. >>> former theranos ceo elizabeth holmes has requested a new trial. this comes after she was convicted on four felony counts of investor fraud and conspiracy earlier this year after a nearly four-month trial. the 38-year-old says a key witness for the prosecution visited her house unannounced to say he now regrets the role he played in her conviction related to her failed blood testing startup. theranos was once valued at $9 billion. >>> in the market for a new iphone? you could be in luck today as the company has its annual event beginning at 10:00 a.m. in california where it's expected an iphone 14 will be announced. this year's invitation had on it a night sky with a constellation of stars forming the apple logo loading some to think that cameras could see upgrades. apple reported a nearly 11% decline in profit during the three months ending in june. >>> the second tallest roller coaster is closing. cedar point in ohio makes the decision a year after a small metal object flew off the top thrill dragster coaster and struck a woman in the head. she s

could elizabeth holmes get a new trial? well, for lawyers, your point to a witness and that person's testimony and hoping that it might change the fate. >> it's back to the sunshine all across the bay area and for inland areas back to the triple digits. we've got a couple more days of temperatures above 100 degrees before we see a cool down in may, at least bayshore in coastal areas are getting a touch cooler. i'll be >> 9.16 is the time right now. draw the drapes. if you have them, if you apparently my friend said i should try to because i don't have you know, any other time you'd be that heat waves like, i know. i will keep my friend of the hla be like now to be like, it's a 60 degree day and that sums up okay. try i'm encouraged by what's in the monitors behind you. that's nice to see. didn't see that or so. a little bih of a low cloud cover. it's a sign of the ocean cool there. that actually has a chance today to at least but up against the coast. as they say, it's not going to make its way over to james. yeah. our inla

. >> a federal judge tentatively declined to overturn the conviction of elizabeth holmes. she is weeks away from being sentenced after being convicted of multiple counts of fraud. her legal team called rule 29 motion basically arguing that prosecutors failed to prove their case. they believe jurors got too wrapped up in things like text messages between her and sunny balwani. they say the judge, now the judge won't make the final decision until october 17th, when he is scheduled to sentence holmes. >>> do you have to be a citizen to vote? a court will decide. the superior court judge ruled that the program was unconstitutional. yesterday an appeals reversed the decision. one parent who is an immigrant himself applauded the decision. >> many, many decades before many of them achieve citizenship. and throughout this period, they're kind of locked out of having an influence on their kids' education, which i think is unfair. >> the ruling means that non-citizen parents can vote in the november school board election. it is not clear if the program will stay in effect for electi

. >>> up next, former theranos ceo elizabeth holmes making headlines again. she wants another trial. the reason she may get it. >>> and it's here. apple unveiled its newest iphone. but the biggest surprise has nothing to do with technology. >>> we do have that dangerous heat continuing in the forecast tomorrow. the latest on that and hurricane kay in our thunderstorm chances in california, coming up in about eight minutes. >>> in court documents filed today, her lawyers filed a key witness for the prosecution now regrets his testimony that led to her conviction for investor fraud and conspiracy. they claim a former theranos lab director visited holmes' home unannounced and allegedly said he feels guilty. holmes faces up to 20 years in prison. sentencing is set for next month. >>> okay. today was the annual moment millions of apple fans wait all year to see the tech giant unveiled its newest i-phone 14 which of course is going to keep the tech world buzzing. but is it different enough to convince most of us to upgrade. nbc bay area's ian cull shows us the newe

. > >> theranos' founder elizabeth s elizabeth holmes says a former lab director who was on one of the government's main witnesses showed up at her house last night saying he feels guilty about his testimony. she is scheduled to be sentenced next . be sentenced next month. > >> returning to the weather, some of the hottest temperatures ever recorded in the bay area. there is more to come you might already know that prop 27 taxes and regulates online sports betting to fund real solutions to the homelessness crisis. so how will that new revenue be spent? new housing units in all 58 counties, including: permanent supportive housing, tiny homes communities, project roomkey supportive hotel units... and intensive mental health and addiction treatment. in short, 27 means getting people off the streets and into housing. yes on 27. >> first alert weather day, big. big time. 116 in livermore. that that is the first in my lifetim. >> a bunch of locations that not not just the daily record or thr record, the all-time. san jose got up to 109 degrees. >> hang in there, right? >> eventually, tempera

could elizabeth holmes be getting a new trial? will tell you how key witness in her case. >> could change your future. have heart failure and still experience unresolved symptoms? heart failure and seemingly unrelated symptoms like carpal tunnel syndrome... ...shortness of breath... ...irregular heartbeat... ...and lower back pain could mean something more serious called attr-cm a rare, underdiagnosed disease that worsens over time, so it's important to recognize the signs. sound like you? call your cardiologist and ask about attr-cm. you might already know that prop 27 taxes and regulates online sports betting to fund real solutions to the homelessness crisis. so how will that new revenue be spent? new housing units in all 58 counties, including: permanent supportive housing, tiny homes communities, project roomkey supportive hotel units... and intensive mental health and addiction treatment. in short, 27 means getting people off the streets and into housing. yes on 27. and we're back to 6.25. big national story. fbi agents who s

. >> the disgraced founder of theranos elizabeth holmes is now requesting a new trial in a court filing yesterday. holmes attorneys claim that a key witness for the prosecution now regrets the role he played in her conviction earlier this year. holmes was convicted on 4 counts of fraud during the trial of former theranos lab director testified that he repeatedly raised concerns about the accuracy of the company's blood tests that were being given to patients in their court. filing holmes lawyers argue that the lab director is now expressing misgivings about his testimony. holmes is currently out on bail, but she is facing up to 20 years in prison when she's sentenced next month. it's not clear when the court could rule on the request for a new trial. >> coming up next in sports, forty-niners names their team captains today as they get ready for their matchup against the bears. sports director jason dumas has reaction from kyle shanahan and why he says he's not too worried about one player being named a captain. >> plus, a bay area school district desperate to stop losing teachers. so it