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tv   CBS 5 Eyewitness News at 5PM  CBS  January 12, 2011 5:00pm-5:30pm PST

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loughner was pulled over for r unning a red light, about three hours before the shooting on saturday. the officer let him go with a warning. it wasn't his first time having contact with law enforcement. >> from what i've seen none of the interactions or even the totality of those interactions would lead any reasonable police officer to conclude that this guy would grab a gun and go shoot 20 people. >> reporter: many of the folks inside for the memorial are following the investigation closely. but tonight, the focus will not be on the man with the gun but how the lives were cut short. congresswoman giffords continues to recover with her husband by her beadside. doctors say they've reduced her level of sedation and she's moving in the right direction. >> i'm happy to state none of the downtrends have occurred. >> reporter: tomorrow the funeral will be held for the
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youngest victim, 9-year-old, christina greene. and tonight the president will honor not just the victims but those who were able to take down jared loughner. karen brown in tucson, ard. back -- tucson, arizona. in oakland, people are remembering the victims with a candlelight vigil outside of city hall. this gathering was organized by and anyone is welcome to come down tonight t will include clerk iy as well as other l eaders. on capitol hill -- >> we're americans and we'll
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make it through this difficult period. >> some think that the o verheated political speech may have played a role in the s peech. many pointed to this map on palin's website. however, palin said she's been unfairly blamed. >> journalists and pundits should not manufacture a blood libel that serves only to incite the very hatred and violence that they purport to condemn. that's represent pre -- reprehensible. >> palin placed the blame s quarely on the shooter. her use today of the words "blood libel" have drawn sharp criticism who think it's intensive or inflammatory -- insensitiveor inflammatory. let's go live to tucson. president obama and his wife, michelle, have arrived here and in a few minutes, the president will be delivering what's being
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called a healing message in honor of those who died and cbs will be carrying that live and we'll have it for you when it happens. one of arnold s chwarzenegger's last acts as governor has outraged a southern california family. now schwarzenegger has a pologized in part. the santos family says the former governor wrote to say he's sorry he didn't let them know ahead of time that he p lanned to grant clemency to one men convicted in the death of their sob. schwarzenegger reduced the manslaughter charge for nunez. his father is fabian nunez. >> def lit, nothing but p olitics. he's just trying to pass it o ff -- definitely it's nothing but politics. he's trying to pass it off, i think everybody in california and country can see that. >> esteban nunez was convicted in the stabbing death of luis
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santos in san diego. now his father says he may file a victim's rights lawsuit. a fire at a pot club. len ramirez says some are b laming lawmakers for that. len? >> reporter: that's trite. i spoke to the owner of another pot club and he says he and others in the industry are striving to be just as legitimate as any other business in san jose. but he says the lack of guidance in city hall, the lack of j oaning and -- scoping and regulations can lead to something like this. a house fire caught fire at 3:00 in the morning. by 5:00, the firefighters had the two-alarm blaze under control. no one would speak on camera but a neighbor said it was a surprise to her. and not just the fire. >> i didn't even though it w as -- know it was that until i
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herd it from a friend who saw it on the news. >> reporter: the cause of the fire is under investigation. but a spokesman for another can nay business collective was immediately -- cannabis collective was immediately suspicious. >> there's people that suspect arson. it's really a tragedy that people would try to do that to people trying to provide medicine. >> we've had robberies. we've had this recent incident with the fire. it's really posing a great threat to our public safety. >> reporter: this council memorial doesn't agree with -- with how the collectives are being operated and should be shut down. one was in a form of protest against a police raid and i nvited our cameras to see the smokeout. >> i think they are in the wrong place, quite frankly, there is a lot of differences on opinion on what is legal and what is not legal.
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there's people kind of flying by the seat of their pants, setting up shop, doing what they can before the city county takes some sort of definitive action. in many senses we've lost -- senses we've lost control. >> it's unfortunate that san jose has gotten to this point. there was a lot of potential. we still have a lot of potential but in this gray area of the l aw, it definitely lends itself to criminal activities happening to people who are trying to run a legitimate business. >> reporter: there is a split on the san jose city council as to how to proceed with the pot c lubs. as for the actual cause of the fire, the fire department says it's under investigation. they are not saying that it is arson but there have been previous incidents recollection -- incidents, including an indent where a bottle filled with a flammable liquid was thrown at a d ispensary and that happened about a month ago and that's why some people are talking about a possible arson in this case. >> thank you, len.
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every community has them, citizens who pick up trash or r emove graffiti. our report is live at a place where doing this has actually raised a few eyebrows. >> reporter: well, you think you are doing the right thing, you are trying to clean up the graffiti and then the city finds out about it and says don't do that! erin perry and max walked through city dag dock walk through city parks with a purpose and with a bag of -- walk through city parks with a purpose. aaron and max are not too fond of this. >> i don't really want to have a picnic. but if it's red, people might
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sit down more. >> reporter: they've been doing red and blue and they say taggers don't come back as often if it's a bold color. they think they are doing a good thing. what these two are doing is very noble and it's in in the spirit of the community, certainly. >> the problem is it's kind of illegal. >> reporter: today they were caught red-handed. >> where's my painter! busted! >> reporter: this park and rec director knew about max and rear be -- aaron from blogs and community papers. he knew where they would be today and he wanted to give them a message. you are making more work for city painters. >> are getting -- we're getting training about what types of paint should be used on what type of surfaces. 92% get painted over in two d ays. even though there are two painters designed to the d etails -- assigned to the
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details. >> i think it's great that the parks department is interested in this project and is willing to work with us. they could have come here and busted us. >> but these guys don't know why the city can't use bright colors and hope to change that. they will work with the city, they say, both sides can see the writing on the wall. >> you know, the city really does want your help but they want you to get training and they suggest you call park and rec to find out about it. mike sugarman, cbs 5. next -- three people killed after shots are fired inside a south bay bar. a david versus goliath battle. what one bay area did to get pg&e to take out her smart m eter. and what is the deal that it takes weeks to get a driver's license. what's the reason behind the delays? ,,
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tried to kidnap the bar owner be new details tonight in a deadly shootout inside a south bay bar. the suspects apparently tried to kidnap the bar owner before the fight started. three armed men went into the mexicali owner on saturday to abduct the owner over an alleged debt but they were confronted by another armed man. the gun battle ensued killing
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that man and the two suspects. the bar owner managed to survive the whole thing. the third unidentified suspect is still on the run. police believe he and hector, who drove the getaway car, may be headed down to southern california or mexico. pg&e smart meters do not cause health problems, at least according to scientists. in a new court, the intensity of the -- in a new report, it says the intensity of the radiation is within the limits. some people have been concerned about the radio frequency waves. now, the fight to keep the smart meters out has led to fights and even arrests. one woman had her replaced to the old kine. >> reporter: jane's motion detector has been on the blink
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since september, literally on the blink. >> on and off. on for a minute. off for a minute. on, off, on, off. >> reporter: what's the problem? at first she didn't know. >> the first night may daughter says it's your smart meter. >> reporter: her daughter was right. smart meters measure the use of your electricity. they can also sometimes, pg&e says, rarely interfear with household electronics. >> here's where the meter is. finally pg&e reinstalled the old style analog meter.
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>> reporter: i talked to jeff smith and he said, ther are not finished here -- they are not finished here. pg&e says they may have to either replace the motion detector eventual eye or change its position. >> you are gonna get one again. you're gonna get a smart meter. >> eventually they will make me have it. they are here to stay and i understand what they do and they are the wave of the future. it's supposed to take a few days. instead, well, many have been vatting -- many have been w aiting for weeks to get their driver's licenses. one year after the massive earthquake changed hundreds of thousands of lives, how haiti is overcoming the devastation. twelve days into the new year and so far only twice this month have we seen temperatures soar in the 60s. well, today was the third day. we'll pinpoint the warmest locations and pinpoint the next threat of wayne -- rain. "eyewitness news" continues. we'll be right back.
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driver's license or a state i.d. card. thousands of people are on hold because of the patience is what you will need if you are applying for a california driver's license or state i.d. card. thousands of people are waiting because of the delays. the state ran into problems with production. here's more on why it's taking so long. >> part of the reason is because of the security officials. they also insist it is getting better. they have raised letter, a hidden photograph and more state symbols than a road map. but california's new driver's licenses aren't exactly speeding from the dmv into drivers' wallets. since introduction back in october, it's taken up to six weeks to get one. it's only supposed to take a few days. >> well, like any other startup of a new license program, there's gonna be some glitches, if you will. >> reporter: this man of the
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california dmv says in the b eginning 80% of the cards came back from the manufacturer with problems. >> the color variations were o ff. the positioning of the elements were off. these are the types of things that have to be absolutely perfect. >> reporter: so the rejected cards had to be remade while t he -- all the while new orders kept pouring in. the cards are manufactured in connecticut by a company called l-1 security solutions. it wouldn't tack to us but the d mv said they were the only bid forethe $63 million job. try telling that to somebody who needs an i.d. right away. >> you need to have your i.d. all of the time. and not having it is a little bit worrying. >> reporter: the dmv says it's issuing 250,000 cards a week. it takes about four weeks to get your card. they hope to get it down to two weeks in february. in the meantime you can get a temporarily license good for --
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temporary license for 60 days but have you to ask for it. if you have a consumer problem that we can help with, go to the website for more information. we had 64 degrees with cloud cover and a few sprinkles. 68degrees in morgan hill. that's the first time we've seen a temperature that high this year. so far we've only had three days of highs in the 60s. this is the scene looking out toward coit tower. official sundown is at 5:11. with it we have mostly clear skies to the cities by the bay. millbrae, sporting 59 degrees. it feels kind of balmy after the recent cold snap. to the north in the upper 50s. sunnyvale to the south, in the mid- to upper 50s. tonight not as cool but we'll ally notice increasing clouds. temperatures bottoming out pretty much in the 40s from santa rosa to the central bay.
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but 50 degrees from sunnyvale back through santa clara. out and about, increasing cloud cover. as they do thicken, we'll have the clouds serve as a blanket -- a blanket of clouds and therefore not as chilly. area of low pressure is taking aim to the north. as it does so it's going to take the bulling of the pre-- bulk of the prescription about us -- with us. there's your system right there as high pressure right there. here we go. this is how you plan your thursday. pinpoint forecast. there you have your thursday morning commute. a little bit of light rain around santa rosa and around highway 101 back in through petaluma, into novato and also green brae. there's hit-and-miss showers throughout the day and then the system moves out setting the stage for a dry weekend. tomorrow for your thursday, numberwise we're talking about 50s to the low 60s.
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sanjose all the way through cupertino, campbell in the low 60s. these temperatures are a lot more seasonal. there you have the extended forecast. we'll start out with a few clouds and then end under with sunshine and then we cloud back up on sunday. that leads to the slight potential of rain showers. otherwise, dry conditions for the holiday. we had to bring the temperatures back down to tuesday and on wednesday. martin luther king day is on monday. starting off with the hint of fog and sunshine. a seasonal winter day in the upper 60s. i wanted to share this photograph. this photograph was taken from a photographer from "eye on the bay." i was in business brain, in australia. i wanted to -- i was in bris brain in australia. they are having -- brisbane,
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and they are having a lot of f looding. it's been one year since the powerful earthquake devastated haiti and that crisis is still unfolding. today on a national day of mourning, worshipers spilled out of the haiti's churches after praying for all of the lives, lost. some 230,000 people were killed by the magnitude 7 quake. more than a million and a half were left homeless and almost a million of those are still living in tent cities. >> earthquake showed people what a massive effort it's gonna bring to bring haiti up a couple of notches, in terms of living conditions and economy. >> agencies providing help say it's gonna take years just to bring the country back to where it was before the quake. so far only about 5% of the rubble has been cleared away. we'll take you, once again, live at the memorial service taking place right now in t ucson, arizona, remembering those killed and wounded in the
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weekend shooting spree. we're told in about 15 minutes, president obama will be cliffing what is called a healing message in honor of those who died and cbs will be carrying that live when it happens. we'll be back. ,,,,,, rocket scientists!
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whether to giv as any parent can tell, e araches in babies and small children are as painful as they are common. whether to give' or not is a tough -- to give antibiotics or not is a tough decision.
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there's new evidence that antibiotics are your best bet for some kids. >> reporter: 1 1/2-year-old aden ortiz is not feeling well. he's pulling on his ears. >> i thought he might have an ear infection. >> reporter: she's hesitant to give him antibiotics. now two new studies show there's benefits to treat children with antibiotics. doctors looked at hundreds of children age 6 months to 35 months with ear infections. in the symptoms with a ntibiotics, the condition c leared up sooner. there's side effects -- >> diarrhea, year infection, thrush -- yeast infection, their rush. >> reporter: doctors say the general rule of thumb kids under 2 should get antibiotics.
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>> most fear infertion -- infections get better in time no matter what you do. >> kim says prescribing antibiotics to to kids who have colds and viral infections is a problem since it may lead to anti-resistant germs. we'll be back. ,,,,,,
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new congestion toll pricing on the bay bridge. toni i'm dana king. coming up tonight at 6:00, you're probably familiar with the new congestion toll pricing object bay bridge. well, tonight we know it is having an impact, only it's probably not what drivers were hoping for. >> first, speak the truth. no more smoke in mirrors on the budget. >> he promised an honest a ccounting. so has he delivered? we'll have our first nonpartisan look at the


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