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tv   ABC 7 News at 5PM  ABC  December 3, 2010 5:00pm-5:30pm PST

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doubles the possible sentence stems from a conviction of sexual assault that dates back to 2003, then convicted of sexual assault on a 7-year-old girl in hayward sentenced to four years but served own one year before being placed on pear yol. by september of last year out of jail, and off parole. he now faces a possibility of decades in prison. >> his maximum exposure approximately 21 years. if he went to trial and were convicted of everything. >> the assault happened on wednesday. and the to-year-old he allegedly assaulted was separated from her grandmother while shopping. when spotted he ran from the store, stopped by three people who held him. >> how an individual has no concern about who is going to witness the event has us baffled. >> according to court documents before the prior conviction, his grandmother told a judge he was mentally ill and they didn't have money to get him treatment.
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the court ordered a psychological evaluation, but in 2004 he wrote to the judge writing he felt i have regained my confidence to stand trial. i am familiar with all of the information i need to know to assist my attorney in my defense, went on to say i am stabilized in psychiatric drugs and have been for several months. skid backers if being on medication would be a defense. >> i don't know. but whatever meds he was on or off doesn't make you want to rape a baby. >> backers says the child is recovering. >> she's gone through an exam. that is all i can say. and backers says of the terrible cases prosecuted this one sits on the top of the list. in fremont, abc 7 news. >> and thank you. there is a tragic twist to the murder of a san francisco teenager yesterday, turns out he drifted away from an
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antiviolence program he'd been involved in most of his life. the 18-year-old was found shot yesterday afternoon in the 1400 block of visitation avenue near britain street. he had been a participant in the area's real options for city kids program, better known as rock. since the first grade. >> and involved in after school programs and marshal arts program to saturday programs and summer programs able to get out of the element, just be himself. challenge himself with people who are supportive. >> donaldson's younger brother is still in the program. so far there is no word on a motive in this killing. >> the former bart police officer sentenced to prison for killing an unarmed passenger is not getting out on bail. johannes mehserle is serving a two-year sentence in the shooting death of oscar grant. mehserle told the court he
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thought he'd drawn his taser. laura anthony joins us live. >> this was all business, carrying none of the emotion we saw today at last month's sentencing. this fermer bart police officer should serve out the rest of his sentence, that is the ruling from langs county supreme court judge robert perry, denying mehserle's motion for bail pending an appeal that could take years, mehserle has six months left for the january, 2009 shooting death of unarmed bart passenger. >> i'm disappointed bail wasn't granted. i understand junl's reasoning. >> in denying bail saying the court believes that decision will not be reversed. >> we're having a little motion but it's not much
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compared to wha.d and we're surprised at the judge actually denies bail. >> mehserle's defense asked bail set as low as $30,000. and the attorney argued the judge made errors specifically relate together actions of another bart officer before mehserle arrived on the platform. >> he has set this case up for an issue of first impression in the court of appeal. that is do police officers, can police officers be convicted of manslaughter because they knew, or should have known another officer acted inappropriately before they've arrived. >> reigns wants mehserle to serve out the rest of his sentence in jail, where he's been housed for five months. oscar grant's family wants mehserle to dot rest of the time in prison. >> there is a convicted felon and with a prison sentence
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awarded to him. >> and that is a big concern, one that the judge and california department of constructions -- corrections and attorneys will weigh in on. that is being able to provide security for the former police officer whether nits jail or in prison, michael reigns told us the only thing he's certain of is that his client will spend tonight in l.a. county jail. >> thank you. back up here now. the first wrecking ball fell today on an aging san francisco landmark. you're watching the beginning of the end of the 71-year-old transbay terminal. crews have gutted the interior, removing ramps connecting the terminal to the bay bridge. democrat sigs is expected to be finished by february. steel and most of the concrete going to be recycled. >> the way they crush it and
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we make road waste out of it. it gets used for paving roads. >> you're say something day we'll be driving on it?. >> all over the terminal. >> the new $4 billion terminal is scheduled to open in summer, 2017. >> and there is a very disappointing november jobs report. the unemployment rate climbed to a 7-month high. it was 9.6 in october. employers adding only 39,000 jobs and analysts predicted 150,000 jobs would be added. the california rate is at 12.4. joe biden says the report is disappointing and a sign recovery is fragile. >> the bottom line is that what this tells us it makes clear is that while we make progress in creating jobs it's not enough. >> vice president biden says it's critical congress extend
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benefits before the end of the year, republican john boehner says congress must act now to extend cuts for everyone and says the economy needs to add up to 300,000 jobs per month. >> and if you're looking for a job, you might find one at the next abc 7 job journal hire event on tuesday, december 7th in san jose. >> and the war in afghanistan has claimed the life of another californians. a 26-year-old marine sergeant was killed yesterday. he has family here in the bay area as well as fresno where he grew up. his death is a tragic reminder of the challenges troops and leaders face there. president obama made a surprise visit to the airfield in afghanistan friday to speak to the troops. abc reports the commander in chief told troops they're winning the war against insurgents.
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>> mr. obama thanked u.s. troops for their service this holiday season. >> we're here to say thank you. we're here to say thank you for everything that you do. >> the visit nearly one year to the day comes in a pivotal moment. forces are scheduled to take over security control with a goal of removing all combat troops by 2014 this, month the president's national security team will review the strategy in afghanistan and support at home for the war. 2010 was the deadliest year for u.s. troops in afghanistan. the president told service men and women their sacrifice is making a difference. >> we said we're going break the momentum. that is what you're doing. you're going on offense. tired of playing defense. >> the president met with wounded troops and civilians.
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>> i just talked to last six of the buddies in a central attacks violence. it's tough business he spoke by phone with hamid karzai. bad weather prevented the two from meeting face-to-face. the president awarded five purple hearts and told troops their stories give him inspiration. abc news, washington. >> a top uniformed officers say letting gays serve openly during war time would be difficult. the marine general and army chief general george casey testified before senate armed services committee. both challenged the study saying the risk of doing way with don't ask, don't tell would be low. >> my suspicions are that the law will be repeeled. and that all i'm asking is the
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opportunity to do that at a time of choosing when my marines are not tightly focused on what they're doing in the very deadly environment. >> he testified changing law would add another level of stress to a stretched force but says policy shifts fwhot prevent the army before fr doing it's job. and the chance of passing this year be considered slim. >> coming up here, the simple way an east bay restaurant stopped would be robber autos and the car ramma ra proposal that could stop drivers from accidentally backing up over a child. >> there is rain for the weekend what. day will be better for indoor plans, coming up in my accu-weather forecast. >> and why school bake sales may no longer taste so sweet under a bill on theknknknknknknn
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>> closed captioning brought to you by mancini sleepworld. the whistle blower web site wiki leaks is fighting to stay online after releasing classified cables. today the site was forced to change its web address from to the company that had within providing the internet stopped. and he's threatened to release the rest of the tumts if arrested. >> governor schwartzeneggar swore in the next chief justice of california today and says she's the living, breathing example of the american dream.
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>> and he is the first minority and second woman to lead the state's high court. she's philippino american, her husband, japanese american. >> it's a vertical climb. i take comfort no knowing that the governor of the great state have faith in my ability to figure it out and to execute it. and i will, thank goodness with the help of you good people. thank you very much. >> replacing retiring christmas eve justice, and will assume office january 3. >> president owe ob yaims budget debt commission approved a plan to slash the nation's deficit but did not get enough votes to send it to congress. recommendation woz have cut $4 trillion through cuts. the co-chairman made a plea
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for support. >> please. i really am pleading with you. please. make the tough choices. >> and 11 of the 18 members voted in favor of the plan. 14 votes were needed for the commission to present recommendations to congress for a vote there. >> a menlo park man described as a veteran scam artist sentenced to more than two years in prison for selling fake apple stock. the 67-year-old roger miller entered a no contest plea to grand theft and check fraud charged in may with convincing two menlo park residents to buy 404 shares of apple stock he never had n 2002 convicted of stay triing to share a shake of the golden state warriors that he didn't own. >> two men that planned to rob a walnut creek restaurant could see customers but doors were already locked.
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one of the would be robbers pointed at an employee who refused to unlock the door. >> pet food exfres pres celebrating with a special give away. they presented more than 10 k 9 units with new bullet-proofed vests today and raised $80,000 for the vests, specially designed and fitted to each dog. the company showed off head quarters in east oakland employing 110 workers there. and there is one of the largest commercial leases in oakland possible. >> the government proposing a new rule for cars to help prevent children from being killed by drivers who are backing up and can't see them. the transportation department wants 10% of the new vehicles to include rear-mounded vehicle cameras and in-vehicle displays. the national transportation safety board estimates nearly 300 people are killed every year because of the vehicle backed over them.
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nearly half involved children under five years old. >> we're buying vehicles and can't see 20 to 30 feet backwards. >> the government estimates the new requirement could have at least saved 95 lives per year, preventing 7,000 injuries every year. >> a rare first edition print of the "star spangled banner" sold for more than half a million dollars. written by francis scott key and publish that had year, became the national anthem in 1931. and this is was bought by an anonymous bidder. >> okay. 7 on your side is not here today but he's still left us some free stuff for you. if you go to the blog there is
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u.s. geological survey giving away old maps and there is an opportunity to get a free family portrait through kabee homes tomorrow. just go to abc 7 and click to read the blog. thank you. we appreciate that. >> and in his absence, free stuff. >> there is a free weather forecast. >> i do. every night. and that is going to include rain. keep umbrellas around all weekend. there is a lot of clouds outside now. there is another vantage point looking across the bay. looks dreery. but not much is falling. looking at live doppler 7 hd, right now we do have very
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light rain around yuk kaia. moisture you're looking at in north bay is evaporatin evaporating -- evaporate brg it hits the ground this, is what we call verga. in sierra nevada travel is fine across interstate 80 and there is blue canyon reporting rain. rainfall totals here in the bay area last 24 hours, anywhere from about 59/100ths in mount st. helena to nudging in san jose. trace amounts around livermore. redwood city, oakland 1/100ths of an inch. san francisco 2/100ths of an inch. and there is temperatures into 40s and 50s, cloudy tonight. sprinkles and look for scattered showers saturday and there is rain sunday. a lot of cloud cover coming in. there is two systems for
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weekend. what does this mean for you? it means on saturday, you'll see a few showers. tomorrow morning, you can see them very scattered in nature moving in from the south and then, by saturday evening, you'll start to notice moderate rainfall. this time period through early sunday morning, we will see periods of moderate rain. sunday, it's becoming more wide spread by sunday afternoon and into sunday night. there is a few lingering showers for morning commute that. is about it. rainfall totals highest expected into the santa cruz mountains. one to two inches. and there is other fraerz a half inch to an inch of rain. it's not expected to be a complete wash out. there is temperatures from mid
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40s to low 50s and a few showers. team afternoon into south bay, 61 in san jose. 60 degrees for cupertino. there is mid to upper 50s near the coast. downtown, daily city, upper 50s, into the north bay green there. you'll need umbrellas. east bay, 59 in oakland. this is upper 50s and for the bay. 60 degrees inmont rai. here is the accu-weather forecast. a few showers saturday rainy on sunday. lingering showers for monday morning. and then, next possibility of rain is on wednesday. you'll notice temperatures running fairly mild heading towards next week. >> that is nice, thank you. >> are you tired of battling
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the bulge? weight loss surgery could be soon available to more american autos a young man hoping for a new start. at 6:00 past prime he's asking for a san francisco judge to throw out. find out why at 6:00. oprah: all new -- the family who had a 25-year relationship with michael jackson. oprah: how did you all keep this a secret? then best-selling phenomenon --
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a panel today recommended expanding criteria for who qualifies for stomach shrinking procedure. lap band currently approved by obese weighing 247 pounds or more and are at least five six. the panel recommended patients weighing less may qualify especial fully they suffer from other conditions such as hypertension. it comes with risks, patients lose 40 pounds on average.
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if the fda follows recommendations the panel's recommendations estimated 27 million other overweight patients would now be eligible. >> part of the nutrition bill on the way to president barack obama gives the government to limit bake sales, the campaign to stop childhood obesity. under the rules bake sales dmot be held during school hours unless they limit fat content, sodium and sugars. opponents say it goes too far and limits common practice often used to raise money. >> and there is more still to come tonight. >> up next, your chance to get tickets to the-to-see the world series champs play at world series ballpark.
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right now, buy a samsung intensity ii for $29.99 and get one free. or, buy a blackberry curve 3g for $49.99 and get one free. at 6:00 convicts using
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cell phones in california prisons now killer charles manson inspired efforts for a new crack down z reforms supposed to protect credit card users but michael finney shows us gotchas some banks are still using and why oakland has to thank for a boost in its economy. now back to dan and shairld. >> thank you very much. >> and listen to this. your world champion giants are back in business tonight. >> yes. dozens of fans descended on the dugout store for the first opportunity to purchase single game tickets. >> and they're available at giants dugout stores and keep in mind the team will stop selling tickets december 12th and not start again until february 5th. nothing like a world series win to boost ticket sales. >> get them while they're hot. >> that is go to do


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