already convicted of attacking the husband of congresswoman nancy pelosi. jury selection has begun in the state trial of david depape. the new arguments from his defense attorneys. and we investigate close calls near schools. driverless car companies say their vehicles are safe, but some school crossing guards, they tell a different story. and holding on to cars longer than ever before. the new data that shows more people are keeping their old cars, rather than buying a pricey new one. welcome back. the news at 530 starts right now. thanks so much for joining us. i'm janelle wang and i'm raj mathai. he's not done with the law. just yet. jury selection has now underway in the state trial against david depape. he's the man who has already been convicted of two federal felonies for breaking into the home of former house speaker nancy pelosi and attacking her husband. the dual trials are triggering new arguments from the defense. nbc

sergio quintana is at san francisco's hall of justice. hi, guys. it was more than 18 months ago when david depape allegedly broke into the pacific heights home of former house speaker nancy pelosi and attacked her husband, paul, with a hammer. and today, state prosecutors and the defense began narrowing a jury pool of 120 people down to 12 jurors and six alternates. that jury will consider the eight state felony charges against a pap, among them the attempted murder of paul pelosi and two newly added charges kidnaping and threatening a witness in court. several potential jurors raised their hands when asked by the judge if they've ever seen someone do something because of a mental illness, and a few potential jurors also raised their hands to explain they've seen some of the video related to this case and know about depapes federal conviction. this afternoon, the papp's public defender started to whittle the pool down by dismissing a couple of those jurors. also in court today for a brief meeting with david depape, where his federal public defenders they just filed a new

motion about the federal sentencing hearing last week. last week, u.s. district judge jacqueline scott cawley sentenced david depape to 30 years in prison for his two felony convictions. but depape was not given an opportunity to speak during that hearing, meaning the hearing will now need to be held again, according to the new filed motion, the pap's attorneys would like to continue with the federal sentencing hearing, but plan on appealing and they'd like judge cawley to be replaced before that new hearing happens. the defense argues the current judge has already shown an unfair bias by imposing a sentence without allowing him to speak. the state trial is expected to pause next tuesday, so depape can be present for the new federal sentencing hearing in san francisco, sergio quintana nbc bay area news in the south bay, we have an update from a dmv office. the dmv in gilroy is closing for a few months to get a makeover. the office on auto mall parkway will be closed from june 5th through september 3rd for renovations, as the hollister dmv is the closest

alternative is about 15 miles away. you can also access most dmv services online or visit some other local areas. dmv offices in santa teresa, salinas and san jose, and nbc bay area investigation is raising new safety questions about driverless cars and their ability to recognize and avoid people in crosswalks. one member of congress is calling our findings concerning and is now calling for action. senior investigative reporter bigad shaban shows us why. how y'all doing today? school crossing guard theresa dawn has spent the past 11 years keeping children and their families out of harm's way. hi. good afternoon. she thought she'd seen it all. you're welcome. until she noticed some of the cars at her busy san francisco intersection had no driver. i just don't think it's very safe. california remains one of the country's largest testing grounds for self-driving vehicles that offer everything from food delivery to

taxi services. but dawn says driverless cars operated by google's sister company waymo, nearly ran into her three separate times while she was guiding families along the crosswalk. the parent grabbed the child and looked at the car, and there was nobody driving it. so, you know, they just, like, grabbed their chest. it almost hit you. yes. it did not recognize me in the intersection , even though you were standing in it with your stop sign. yes but she's not the only one. we spoke to 30 crossing guards stationed at more than 20 schools across san francisco and nearly one out of every four, roughly 25% told us they experienced some type of close call in the crosswalk with the waymo driverless car, where the vehicle either hit the brakes last minute or the crossing guard rushed out of the way to avoid being hit. i tell kids to stay back, one crossing guard

told us, another saying, i've almost been hit half a dozen times. so if the car wasn't able to recognize those people right away, what does that tell you? that they should have drivers, but not every crossing guard has had a bad experience with robo taxis. one told us they stopped better than people. another added i've almost been hit by parents, not driverless cars. those who have had near misses say they occurred within the past year, but none could remember exact dates or times, waymo said. without specific details, it can't tell us what its vehicles did or why, and declined our interview request. but in a statement, waymo told us we take public concerns very seriously, adding while we're proud of our safety record, we also recognize the importance of ensuring that other road users feel confident and comfortable around our technology. is there a lack of oversight here? i think what you have is well-intentioned and action, but it's just not comprehensive

enough. california congressman kevin mullin says the department of transportation is falling short of its watchdog responsibilities. he wants the agency to force driverless car companies to reveal how often their vehicles are involved in a near miss. right now, they only have to disclose details on actual collisions. federal transportation officials tell us they have six ongoing safety investigations into driverless car companies, including waymo and cruise. but the agency wouldn't comment on the congressman's request to expand reporting requirements. the national data that's being captured is really limited. what's available now isn't really telling the whole story. that's right. the data is crucial in crafting regulations that compel these companies to focus on these areas of safety concern. while driverless car companies can keep their close calls secret, we still found a paper trail. we obtained complaint records submitted to the california dmv. more than

200 last year. nearly all involved waymo and its competitor gm's cruise about 30% of complaints detailed safety concerns in crosswalks. we shouldn't have to be their crash test dummies. i've almost been hit. it didn't slow down at all. we had to hit the car with our hand before it stopped. law enforcement tells us people need to be completely out of the crosswalk before cars are allowed to drive through, and if there's a concrete median, those walking need to have at least cleared that side of the street. but our past reporting has raised concerns about how often driverless cars comply, including when small children are involved. cruise declined our interview request. the company is still working to address safety concerns after pulling its entire fleet of driverless cars off the road last october, amid accusations from california regulators. its vehicles posed a public safety risk. cruz, in a statement, said

its cars are designed to detect, track and predict the behavior of road users, including pedestrians and cyclists, adding we have a dedicated team that investigates concerns and the insights gathered help our autonomous vehicles improve. waymo, in its statement, said its tens of thousands of rides every week are significantly reducing injuries and crashes compared to human drivers. you've identified some pretty discernible patterns. we shared our findings with congressman mullin. these are complaints coming from different people from different parts of the state, sharing some pretty eerily similar safety concerns. does that worry you? it absolutely worries me. those kinds of incidents where people's lives are put at risk, but it's not reportable. now. we need to be looking at those by by theresa. dawn says she's already seen the risks headed straight towards her and the kids she's trying to protect. do you worry one of the children that you see could get hurt?

yes. my main concern is just making sure that they get to school safely and that they go back home safely with the investigative unit, amber garcia band. if you have a story for our investigative unit, please give us a call at 888996 tips. you can also visit our website nbcbayarea.com. slash investigates. well, how long have you had your car? chances are longer than ever before s&p global mobility reports the average age of a car in the united states is two months older than the previous record, which was set just last year. the new data comes at a time when the median price of cars hover around 45,000 bucks. s&p expects the record to be broken again soon, as 70% of all cars on the road are at least six years old. well, a bump in the road for a bay area transit project. it would have allowed commuters to use their credit card to pay for a ride. but now

that update to the clipper system is on pause, the idea was to allow bart and muni commuters to pay by tapping a credit or debit card instead of clipper cards or phones. it was supposed to be up and running by this summer, but while piloting the new system, project leaders said some issues popped up. now they say the upgrade is proving to be more difficult than expected. team says it hopes to announce a new timeline by september, when the weather hits perfect for going on a walk or a hike. it's also perfect for ticks. what to look out for to avoid getting bit, i'm chief meteorologist jeff ranieri. the temperatures comfortable again today 74 right now in san jose, 60s. later on tonight we'll show you the big drop in temperatures. also the chance of drizzle, even some windn the way. i o

beware of ticks. east bay regional park says it wants to remind everyone that ticks are out in force during the spring, summer and fall. ticks they carry germs that can cause several major issues, including lyme disease. park officials say their goal is to remind visitors to take precautions to avoid getting bit by these bugs. that includes reminding visitors to stay on the trails and avoid tall grass. they also suggest wearing long pants and using insect repellent. if you do get bit by a tick. they recommend you remove it with pliers, pliers, tweezers, and then wash the bite with soap and water as soon as possible. if you have friends or family on the midwest, in the midwest, you likely know this severe weather has been punishing that region. the latest state to have a direct hit here is iowa, where more than a dozen tornadoes touched down just yesterday. this is the city of greenfield. look at this block after block destroyed cars, flipped over homes decimated thousands of

people across the region. are just picking up the pieces. multiple deaths and dozens of people injured. the governor of iowa declined to give an exact number. with search and rescue ongoing, saying, when we have this many homes that have been destroyed and, just fully demolished, we want to make sure that every resident, every person is accounted for. and to make matters worse, more severe weather could be on the way. who has the best music album ever? according to apple music, it's lauryn hill's the miseducation of lauryn hill, the 1998 album claims the top spot on the streaming list of ten greatest of all time. it outpaced other classics from artists like beyonce, nirvana and stevie wonder. hill earned five grammys for this album, including album of the year and best new artist. michael jackson's thriller came in second, and the beatles abbey road rounds out the top three. wow, some legendary albums. oh

my gosh. jeff is with us now to talk about this great sunshine and things might be changing now soon. it looks certain for us 60s in our future. here it comes. i know a little bit of drizzle also tracking some wins. so not our typical weather here as we head into our may forecast, but we're going to get you through it and i promise you some better weather on the other side of it. so it's not a total loss here. as we head into our memorial day weekend for whatever you have planned. speaking of our weather, tomorrow we're going to see the area of high pressure that's been pushing temperatures up into the 80s. move a little bit more off towards the west. and that's happening because we have this low pressure we're tracking through tomorrow. it's just kind of pushing its way in here and moving a little bit closer towards us. so numbers drop a few more degrees for tomorrow. i don't see any rainfall and we'll keep some sunshine in the forecast. so do look for some cooler weather to start as we roll through tomorrow's forecast. we're going to start it off just like this 51 in the south bay. i'm calling it a good start for you down there

throughout san jose morgan hill and gilroy. no problems on that thursday morning commute. sounds good. 50 here in the tri-valley over to san francisco. headed there just a few patchy clouds. fog. not expected to be really thick and 53 and low 50s through the east bay. daytime highs going to stay in the 70s here through many of our inland valleys. that will put us to 77 here in morgan hill, 76 in livermore. got you up to 79 in napa and 50s and 60s right here through the coastline. so yeah, a little bit cooler tomorrow. but we're really going to feel that rush of colder air by the time we get to friday afternoon and right into saturday. this thing is kind of speeding up a little bit. so our temperatures on friday's forecast have now dropped even a little bit more significantly. now, along with those colder temperatures, we'll get some clouds in here. and also the chance of some drizzle. now, this is not going to ruin your weekend plans. it's really in the overnight hours here. early morning hours of saturday. we could see some of that drizzle pop around 4:00 in the morning near the coast.

definitely a lot more in the way of cloud cover. we'd hang on to a chance here. some drizzle through about 7:00 in the morning and then we would see sunshine, certainly through saturday afternoon, sunday and also on monday. now the other thing we're going to have to contend with, that's always just kind of annoying, right? not not many of us enjoy when we get wind, but it does look like that wind is going to start to kick up with some stronger gusts here friday morning, especially at the coastline, maybe up to about 40 here in san francisco, 42 lower elevations tend to about 15. and then as we head through friday afternoon, everyone anywhere between 15 to 35mph. mountains at the coast, even higher. we'd hang on to some of this wind through friday night and into saturday morning. then by saturday evening and sunday, that wind would begin to calm down. it doesn't look like our dry fire winds we usually get. so this is coming from the west. importing a little bit in the

way of humidity with it. so we'll get through that wind and we'll get through these temperatures down to 66 on saturday. you can see what i mean. up to 75 on sunday. much better. memorial day there coming in with 80 across livermore okay. this weekend a lot of stuff happening. may be headed out to bottle rock in napa valley. while it's a little bit on the chilly side on saturday. sunday there 77 looking all good right here on that 7-day forecast in san francisco. we're going to stay with the trend of 50s to low and mid 60s next several days. and for the inland valleys we've got some beautiful temperatures here. once we get over san today. so i'm happy to see the 60s come and then go. right. it's like it's perfect for the holiday weekend there. one last shot. yes. thanks so much, jeff. up next, are the 40 niners at a disadvantage before the season even starts? why their schedule might be a hurdle

a slow network is no network for business. that's why more choose comcast business. and now, we're introducing ultimate speed for business —our fastest plans yet. we're up to 12 times faster than verizon, at&t, and t-mobile. and existing customers could even get up to triple the speeds... at no additional cost. it's ultimate speed for ultimate business. don't miss out on our fastest speed plans yet! switch to comcast business and get started for $49.99 a month. plus, ask how to get up to an $800 prepaid card. call today!

and once again, most analysts and odds makers think the 49ers are a super bowl favorite. yep, they need to break that jinx and win the big game. but getting back to the super bowl, it won't be easy. it never is. the schedule this year might be a problem. here's our 49ers insiders to discuss. can i say they got screwed over last year? i was going to say maybe the shaft, okay. yeah let's let's figure out a more pg. okay. screw it over. let's go with that. okay. they really got screwed over. i mean, they really got the short end of the

stick literally in regards to their schedule in 2023. so you figure, you know, those things kind of ebb and flow. and you'd think that the 49ers would have more rest in the next season. that is not the case in 2024. they face huge games with the team they're facing, having a bye before they play the 49ers again on two thursday night games. again but really those big games where the other team gets the bye beforehand, it just makes you think that. i mean, i'm not a huge conspiracy theorist, but almost makes you kind of think that. yeah. and i mean, it's a fact whether the nfl intended it for that to happen. i just don't know how that can happen two years in a row. right to a team that, you know, it has six prime time games and considered, you know, one of the top teams in the league. so, i mean, that is the most games with a rest disadvantage in a season in nfl history is what they're saying.

there isn't even a team with seven games of rest disadvantage since 1998. and all of those were six or fewer. i mean, they're at eight. that seems like a really huge disadvantage. i might put them at 11 and six or even ten and seven, probably 11 and six. yeah. because i think that i think that's a huge obstacle for them to overcome because it's going to be, you know, that's a tough enough schedule as it is. right facing some good teams, if it's just on on an even playing field, a level playing field. but. when you factor in the significant rest disadvantage that the 49ers face in, what did you say eight of the seven of their games, eight of 17. then i if they finished 12 and five, that will be a remarkable achievement for the team. i don't know. you got

you need advantages to get to the super bowl dallas is play. come on. by the way the niners week one. they face the jets monday night football. and you can download 49ers talk podcast wherever you get your podcasts. up next the major overhaul for alexa. we'll tell you about the changes and what it's going to cost norman, bad news... i never graduated from med school. what? -but the good news is... xfinity mobile just got even better! now, you can automatically connect to wifi speeds up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... i know... faster wifi and savings? ...i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. doc?

daily drinking for the first time in 43 years. nearly 18 million people reported using cannabis on a daily basis or near daily in 2022, compared to 14 million alcohol users. the survey found. alcohol remains more widely used than cannabis, but high frequency drinking is less common. amazon's alexa is getting an ai makeover and it could cost users. amazon plans to upgrade its decade old alexa voice assistant with generative artificial intelligence. that's according to a source who attended a private meeting with amazon. the upgrade includes a new monthly subscription fee to offset the cost of this new technology. the source tells nbc news. amazon plans to launch the more conversational version of alexa later this year to better compete with new generative, ai powered chatbots like chatgpt. as far as the new costs for alexa, a price hasn't been set at this point. well, it's an

iconic american property, and now graceland may be staying in the family of elvis presley. a judge has blocked the foreclosure sale of elvis estate after it was challenged by the singer's granddaughter, riley keough, who is the current owner. nassaney investments filed a lawsuit eight months after presley's daughter died. lisa marie presley. that lawsuit claims that she put up graceland as collateral for a $3.8 million loan that she never paid back. but the current owner, the granddaughter, claims the creditors used forged signatures to create a loan that never existed. the notary who supposedly signed the deal says she never notarized the loan for lisa marie presley. the judge agreed and halted the sale. by the way, elvis is buried at graceland, which is in memphis, tennessee. fleet week kicked off today in new york. the annual parade of ships took place this morning on the hudson river. nearly a dozen navy and coast guard ships sailed past the statue of liberty, freedom tower and intrepid museum, the

military says more than 2300 sailors, marines and coast guard personnel are expected to participate in events this week. fleet week runs through tuesday. our fleet week, by the way, in san francisco is usually always in october. our jessica aguirre joins us now with what's coming up next, coming up at six. a lot of smoke in the air, really white smoke for many people in the bay area. we'll still tracking that big fire that put up clouds billowing in the peninsula. new video from the scrapyard where it's burning. also, the oakland coliseum may be getting a new lease on life, the city taking a big step to transform the coliseum and make way for housing as the a's prepare to move out. but first, the university of california, accused of failing a victim of sexual assault. tonight, that accuser is speaking exclusively to us. the news at six starts

right now. good evening and thanks for being with us on this wednesday. i'm raj mathai and i'm jessica aguirre. she landed her dream job at uc santa cruz. then she says she was sexually assaulted by a supervisor today, the university of california was hit with a lawsuit accusing the school of botching the investigation. and retraumatizing the victim. investigative reporter hilda gutierrez, sat down with the young woman, now telling her story for the first time. when jocelyn friedel reported the incident to her boss, she hoped the school would do the right thing. instead, jocelyn says she was forced to continue working with her attacker and even interview for a job with him. life wasn't always easy for jocelyn friedel before heading to college at uc santa cruz, i was born to parents that had substance abuse problems, so i was like in and out of kinship, foster care for most of my life. and then in college i found like mentorship and the stars program, the stars program