tv CBS 5 Eyewitness News at 11 CBS April 20, 2011 1:35am-2:10am PDT
you're watching cbs 5 eyewitness news in high definition. what we have for the last two years is the wild west. we had a number of operations clearly outside the law. >> for more than 100 to less than a dozen pot clubs in san jose are being shut down. >> a mother killed in a drive by shooting. why police say it may have been a case of mistaken identity. the city said no, wal-mart said hey, put it to a vote and now the city may have to backtrack. why it seems the retail giant is pulling the strings on the south bay. good evening, i'm ken. >> and i'm dana king. >> mike tells us their ultimate future is still up in
the air. >> until tonight, the official position of the san jose city council has been that all of the estimated 110 cannabis clubs operating in the city are illegal. but with state law allowing the clubs and the feds tolerating them. council member st knew they had to take some kind of action. >> on a motion, all in favor -- >> the council formerly okayed cannabis clubs with a limit of ten. they will only be allowed in commercial areas away from schools and the operators will undergo background checks. >> the good news is, they are taking this forward. >> dave hodges says he is glad the city did not shut the industry down, but the industry ahead is uncertain. >> it will be hard to get their medication, as clubs are likely to close or be tied up in litigation. >> some council members argued the clubs should be shut down all together, siting expense and legal problems. >> there's really not a good
investment to continue asking our staff to the standard time. some issue that invite a lawsuit from the federal government. one of the strongest things and best things this council can do. >> chris moore spoke out against legalizing the collectives, but having fewer clubs will help with enforcement. >> what we have is the wild west and we had a number of operations that were outside the law. >> the council has been discussing the issue of medical marijuana for a year and a half. so why did it take so long? >> we are trying to follow the law. there's a lot of wandering around, try to determine the difference between federal, state law. >> now as for how those ten clubs will be selected, the city has decided on a first come, first serve basis once they announce the date by which these applications will be taken. the big question becomes how long are people willing to wait, ken? there's some talk at the council meeting that people
will line up a week in advance to get one of the coveted slots. >> thanks, mark. just about an hour ago, city leaders gave wal-mart the okay to go ahead and expand. that after neighbors accused the chain of trying to blackmail their city. robert lial shows us in the end, it seems it's too expensive for the city to say no. >> it could be blackmail. >> harsh language by opponents of wal-mart who fueled city hall, saying the largest retailer wants special consideration or they will bleed city offers dry. >> for being control of the 15- acres and they can do what they want. >> he is referring to the 131,000 square foot store at i- 880 and 237. wal-mart wants to blow out the walls and expand by nearly 20,000 square feet. >> i love it. >> it would become a super
center by adding a supermarket. >> it's always nice to do one stop shopping. >> a footprint too big for the city council. they rejected the expansion plan 4-1. but wal-mart didn't become them for taking no for an answer. >> santa clara county doesn't have a wal-mart superstore. i'm from san diego. we have three of them. >> that sentiment helped the $14 billion retailer collect 6,000 signatures in just 16 days. calling for a special election that would allow voters to decide if the store should expand, not city council. >> you signed the petition. >> a special election will cost $436,000. >> and that's going to come out of our money. >> when shoppers learned it would come from city dollars. >> no thank you. >> that is not a good idea. >> it's a lot of money to expand the wal-mart. >> it is something you signed a petition for. >> there's also priorities.
>> expansion divided the four council members and it took four hours of debate for the mayor to cast the deciding vote. >> i think the council's decision is misguided, wrong. >> did wal-mart disclose it would cost more than $430,000 to put this issue on the ballot? >> because the expansion -- or the cost of an initiative is different in every community, that's not something that we were able to provide. >> robert lyles, cbs 5. >> also tonight, police are looking for the gunman who killed a richmond mother in a drive by shooting. this happened last night in west oakland. police think the gunman made a mistake. elizabeth cook talked to the grandmother who learned of the woman's death just hours after seeing her. >> patrice burton was a divided mother of two children. a beloved granddaughter and a cherished friend. >> she was my granddaughter, my friend, my everything. and she was always there for
me. >> glatis is patrice's grandmother. they had dinner together monday night. it would be the last time she would see her. >> it was about 9:30 and the phone kept ringing. i said well it must be an emergency or something. so i answered it and it was a sister calling and heard she got shot. about 30 minutes, her brother called me because he heard about it and he rushed over. and so he called me and said grandma, she didn't make it. i said no, you got to be kidding. > patrice was shot in this area. friends who loved her set up this small memorial. she worked two jobs, one as a lunch lady for the berkeley school district. the other as a caretaker for the elderly. >> she was a beautiful individual who shared herself with the world. she was dearly loved by her
family and friends and she made an impact on many lives. >> if somebody had a tragedy like we got, she would always say, grandma, we got to go to that family and do what we can do. >> police believe patrice's murder was a case of mistaken identity. >> it's a senseless, you know, violence has to stop, you know. put down the guns and pick up a book. educate yourself and better yourself and make a difference as she did. >> in oakland, elizabeth cook, cbs 5. a man is dead after he fell on an escalator at a san francisco bart station. it happened around 1:00 this afternoon. witnesses say the man fell while he tried to walk up a downward moving escalator. at some point his clothing got caught in the machine, but it is not clear if that's why he fell. the cause of death has not been
released. the jury in the bailey murder trial could see this video as soon as tomorrow. police secretly recorded it while they were holding him at bay. the fourth and two other suspects. prosecutors say it shows them mocking bailey's burden and bailey coaching others about what to tell police. the defense argues the tape does not prove he ordered bailey's murder. a string of dog attacks has animal control officers calling on people to take precautions. they say to carry a cane, a stick, even an umbrella for protection. the dog's instinct is to bite the object. the warning comes days after one dog owner was bitten by two pit bulls in san jose's park. she was trying to defend her own dog who was eventually euthanized. former governor arnold schwarzenegger says he was only
helping a friend when he commuted the sentence of a young man convicted of manslaughter. the son is the son of fabian nunez. the day before leaving office, schwarzenegger cut the sentence by nine years to seven years. he tells news week he knew nunez well. saying quote, of course you help a friend. a sentence in connection with the stabbing death of luis santos of concorde. the family is suing the governor over that decision. the governor brown cut cars, cut cell phones and other perks to close the state's $25 billion budget gap. he's not cutting everything. linda tells us what is staying and why it's getting a lot of attention? >> it's a tough job, but governor brown has given prison guards something to help ease their pain. a new contract deal that left them save as much vacation days
as they want and when they leave the job, cash out at a pay rate much higher than when they first earned the time. critics calculate some can get payouts double their actual salary. >> this is a sweetheart deal by any measure and i think taxpayers are going to be outraged by this. >> the current limit is 80 days. a shortage of officers and the forced furloughs last year added to the vacation and sick time. >> we want our officers to take that time off, obviously. it's a dangerous job. it's a very important public safety job that our officers provide. we would rather they have an opportunity to take some time, to spend time with their family. with the position of furloughs, they are unable to do that. before over members can begin to burn the vacation time, they have to use the furlough time. >> even without the new deal, last year the department of corrections had the highest payout of unused, sick, and
vacation time. a total of $111 million. in one case, a $119,000 a year prison administrator took away $243,000. >> remember jerry brown came into the governorship saying he was going to get rid of gimmicks and get rid of kicking the can down the road. this is really back loading a lost of the cost. >> officers were forced to take three furlough days off a month. it will be released to one furlough day a month. one of the governor's biggest contributors. they gave him two million dollars to help him win the election last year. >> that has nothing to do with the issue. >> the guards will get 18 years off. bringing time off to 8 weeks a year. also osars could get up to 130 a month. the union insists the contract
saves the state $200 million and needs approval by the state legislature. >> interesting way to look at things. thank you. >> thousands of job hunters lined up all over the country today. this san francisco mcdonald's was one of the 14,000 in the united states hiring some 50,000 workers. the fast food chain announced last month it would beef up its work force. the jobs range from kitchen and calf sheen positions to management. >> places want you to have five years experience, but how do you expect to get in the door? >> some called the hiring spree a publicity spent, but the company insisted it does need new employees. >> and the legal beef with taco bell is finally over. an alabama law firm dropped its lawsuit against the chain. that claimed its meat is not
real beef. that was filed back in january. lawyers say they decided to drop the suit after reviewing the facts. taco bell said its taco filling is 88% beef. it says it plans to launch a new advertising come pain today, fighting off the sale lawsuit. land age board, the midair mistake with the first lady on board. and a landmark surgery, the me i'm a curious seeker. i am a chemistry aficionado. diphenhydramine. magnesium hydroxide. atheletes foot. yes. i'm a people pleaser. if elected, i promise flu shots for all. i am a walking medical dictionary. congratulations virginia. inflamed uvula. i'm virginia. i'm a target pharmacist and i'm here to answer your questions.
e plaanes involv well, another screw up. this time when an air traffic controller messed up, the first lady was on board one of the aircraft involved. the faa confirms an air traffic controller allowed the white house plane carrying mrs. obama to fly too close to a military cargo jet that was taking off from andrews air force base on monday. the first lady's plane had to circle around until that runway was clear. meanwhile, an ohio air traffic controller is the latest to get in trouble for workplace violations. he's accused of watching a movie while on duty. in fact, pilots heard audio from a samuel l. jackson movie. the controllers mic was stuck in the transmit mode. military pilot alerted him to the problem. at least nine air traffic controllers have been fired or suspended recently for
workplace violations, most of those involving sleeping on the job. catching a ball, and typing more than 45 words per minute. that was impossible after 'em loe lost her hand. since then, she has been adjusting to life with just one hand. last month she went through a historic surgery at ucla where she received a donor happened. she made her first public appearance today to talk about the road ahead with her new hand. >> i feel like it's mine, but it comes more and more mine. think once i have sensation in it and i can function with it more, it's going to feel more and more like mine. >> the marathon surgery took more than 14 hours to connect the nerves and tendons. she'll regain 60% of the function of the hand after therapy. amazing surgery. >> uh-huh. >> another cloudy, sun gnu day
depending on where you were. lawrence has more in the forecast. >> we just sneak in some sunshine in most parts of the bay area today. most inland areas, but cool fog can't be cool along the coastline. those clouds continue to move across the skies. tomorrow, probably mostly cloudy and we have a chance we could see some rain drops. doesn't look like it's going to be heavy, but plan on showers. temperatures are going to be on the cool side around the bay area. highs today not bad at all. 71 in san jose and 70 degrees in fairfield. some nice weather outside with partly chowed di skies, but that's about to change. you'll sigh showers, especially the noter further north you go. especially in far northern california and the high country. looking at more showers coming in that direction, too. not a whole lot of energy with it, but no so to keep rain out of our forecast and thursday
morning. let's see if we can time that for you. a chance for widely scattered showers, bring this in a little later with the rain picking up. could be a wet commute in the afternoon. definitely cooler. high is ogee going to be in the 50s and 60s. you are lucky. so it's going to be cool tomorrow. a chance of showers on and off. showers could continue into thursday. partly cloudy on sunday. warmer with partly cloudy skies on monday. that's a look at weather, back to you. >> thanks, lauren. >> we're coming back with kenny's good question. ,,,,,,,,,
confiscated by the feeling. well one minute you have it, the next it's gone. if you've ever had anything confiscated by the tsa, then you know that feeling. felicia davis wants to know what happens to all the confiscated items taken by the tsa and that's tonight's good question. >> when the transportation security administration began searching airline passengers in
the wake of 9/11, they found tons of prohibited items. >> a pocket knife and scissors and files. odd things like a scalpel and i remember pointing out a 12-inch metal spike that you hammer down edging. >> i suppose mike mckaren says not so much anymore. most people know what's not allowed on board. the occasional water bottle or penknife gets thrown in the trash. >> depending on sent mental is it is. repsych led and used another metdown or whatever. >> you can mail yourself any items they won't let you take on the plane. lake the disposable lighter, you can make it back to yourself and that's only going to cost you $21.95. >> there's just some stuff that still pops up that leaves them scratching their head. >> the police responded to a
chick point, authorized item and someone forgot they had a handgun in their bag. >> that has happened? >> they on or abouten it was in their bag. click on connect to send me your good questions. >> we just might have to do best baseball pitching staff in the major leagues right here in the bay area. a hockey game. wake up to dog, wake up to kids, you are not going to believe what,,,,,,,,,,,,,,,,,,
jose was enduring the shark sign in hopes of the stanley cup final. tonight he was pulled as san jose was endured a route in los angeles. then unfolded an incredible story. todd mcclellan going after his team after a terrible start. brad richardson ripped one past. he gave them a 4-0 lead. pulled from goal. his night is over. then came an incredible comeback. ryan knocked in the rebound. four straight goals in the second period. san jose scores 5 in the second period. joe ties at five with 31 seconds to go in the period. he had the winner in game onement they go to overtime.
most incredible win in the team's history. down 4. they come back and win. only the 1982la kings against the oilers came back from five down in the playoffs. >> it was a great game. we are still -- i don't know what to feel. words can't describe it. we had some unlucky bounces in the first. a couple things that shouldn't have happened, but we keep playing. everyone on our team played it together and we are a member of this for a while. >> coco crisp came for the best areas. >> oh cool. the thing is with these grades, if you keep them in too long, you want to keep them in as long as possible and when you do, your hair gets nasty and
you have to take thing out. >> success continued tonight. 8 shutout innings with 8 strikeouts. it was a 2-0 lead when matsui we pot him to the ruts. a's win 5-0. their third straight win and they climb above the 500 mark at 9 and 8. rockies 8. facing the giants tonight. the second straight evening, san francisco explodes in the first inning, but making it 1- 0. pablo continued it amazing resurgence. he is batting .328. a team leading 13rbi. the gins are loving the first inning and the last two grades are three home runs. plenty of that nan.
6 2/3. giants are 6-3. big daddy came. top five. down 1, kevin garnett working low. boston takes a lead over new york. number four, there's nothing worse than a rug burn. number of three, it's not so bad when you dive our real carpet. number two, early showdown in la. matt palmer, i had it all the way. and none one cody bros lip sink with ,,,,,,,,,,úñ?