to clear his name. good afternoon. i'm audrey asistio. welcome to nbc bay area news at 4:30. ian cull was in court all day listening to the potential

evidence. peterson's lawyers want reconsidered. we're also tracking other stories on this wednesday, including a big cat on the prowl. you're looking at new video of a mountain lion you see right there roaming in milpitas. our marianne favro is in that neighborhood talking to people who are on the lookout. also look at this. spilled strawberries on 101. quite a mess this morning in the south bay. we're going to show you how crews were able to clear it all up by the afternoon rush hour. and a training exercise goes wrong on the peninsula. how tear gas hit a nearby elementary school and put kids in danger. but let's go ahead and begin with a key hearing in scott peterson's effort for a new trial. the convicted murderers attorneys are asking a judge to allow experts to test evidence for dna that they claim was never tested nor admitted in his initial trial. you'll likely remember peterson was convicted of the 2002 killing of his wife and unborn child. nbc bay area's ian cull joins us live now from

the san mateo county courthouse. ian you've been out there all day. what is the latest? reporter yeah, well, audrey, this ruling just coming down in the past 20 minutes, the judge saying that the defense has failed to prove why it needed to do new dna testing on this old evidence. in fact, she ruled that they could only test or retest one of the 14 items they wanted to. now, this is the biggest day in this case since the la innocence project took over. scott peterson's case. peterson appeared virtually in the san mateo county court from a prison in the central valley. among the items they wanted to test clothes and duct tape found on laci peterson's body, there was also a tarp and a bag found at the scene that day. the major focus today was on what the defense described as a bloody mattress found inside a burned out orange van. it was found in modesto, near the peterson home the day after laci disappeared. they say its existence could be

key to proving someone else killed laci, but the only thing the judge allowed to be retested is the duct tape found on laci peterson's pants. in all of my years, i have never had to litigate a dna motion to this extent because dna is just a no brainer. it's very concerning that they are so vehemently opposing dna testing in this case. ian, how are prosecutors responding? yeah, well, they attempted to poke holes in those arguments and it appeared to be successful. the deputy district attorney from stanislaus county, david harris, pointed out that peterson filed his first motion for dna testing in 2013, and this is now the third time he's asked for it. and that's why they say they're objecting to it, arguing lacey's family shouldn't have to keep going through all of this. he also addressed that orange van that's been talked about so much in court, saying dna testing was already done on some of those

items back in 2019 and that there was no blood found on the mattress that the defense is talking about. he added that there is overwhelming evidence to convict scott peterson at trial in court, where the trial judge has ruled on this particular evidence. so it is law of the case in this particular case, we don't get to overturn it. we don't get to go back and rehash it because this defense team would do it a different. so once again, only one of those 14 items will be retested. the attorneys from both sides are talking about that inside the courtroom. now, the defense has their own lab that they would like to get it tested at. they're talking with prosecutors about the logistics surrounding that, and then they will be back here once again for the three. the third of the three motions that have been filed by the la innocence project that is due to take place on july 15th, and that will be a discovery hearing live

in the san mateo county courthouse. ian cull nbc, bay area news. surely a lot still going on there, ian, but a huge development this afternoon, so thank you for that update. we'll see you later on this evening. another high profile case in the bay area. we're keeping an eye on today. san francisco prosecutors wasted no time laying out the most graphic evidence in the state case against david depape. depape is the man accused of breaking into the home of former house speaker nancy pelosi and beating her husband with a hammer, prosecutors opened with graphic pictures of paul pelosi's head injuries and police body camera video showing the attack. among the eight felony charges depape facing in this trial is attempted murder. the pabst public defender didn't dispute the evidence. instead, he asked jurors to consider depapes mental state at the time and pointed out that depape never told officers he planned on killing anyone. a former prosecutor says that's important to note regarding the attempted murder charge. attempted murder requires a specific intent to

kill. if at the worst, it could be attempted voluntary manslaughter, if you did not have the state of mind necessary to intend to kill him with a level of malevolence. the first witnesses in today's trial were the two officers who responded to the 911 call from paul pelosi. they highlighted details caught on their body cameras and their arrest of depape. as we mentioned, he is charged with eight felonies, including attempted murder, assault with a deadly weapon, and burglary. okay, going to take you to the south bay now because just minutes ago, a standoff in san jose came to a peaceful end. and deputies have made an arrest after an attack near the children's discovery museum. sheriff's office says that the assault happened near the vta platform outside of the museum, shutting down that station. suspect ran to a nearby home on azores avenue, barricaded

himself inside. but in the past 20 minutes, sheriff's office did confirm with us. he is now in custody. we are still waiting on details about exactly what unfolded there, but we do know that the victim was taken to a hospital. although no update yet on how they're doing that vta station is still closed and it's not clear yet when it will reopen, but we of course will keep you updated on that. okay now to a big cat scare in the south bay. a mountain lion spotted roaming in backyards in milpitas. as you can imagine, has neighbors on edge. it's even seen jumping over fences in some videos. it's going to bring in our marianne favro who spent her day in that neighborhood. marianne. big concern out there. yeah, neighbors are definitely concerned. the first sighting was around two this morning. one person at the friendly village mobile home park off dixon landing road caught security camera video at his home showing a big cat in his patio. now it

appeared that the mountain lion was trying to sniff underneath his mobile home. and then later, the cat actually leaped up right in front of his security camera onto his tool shed. he is really concerned about his elderly mom that he lives with, and he told her today, don't go out and water the plants today because the cat is still on the loose. then two hours later, around four this morning, a second cat was spotted, around 4 a.m. in another person's yard. now we're not sure if it's the same cat or a different cat, but it's likely the same mountain lion. that cat was spotted jumping a fence there, and that was just a couple of miles away at four in the morning. people are definitely worried about their small pets and also their small children, and they're keeping them indoors today. okay, marianne, some people are staying indoors. some people are still going out having lunch right behind you there. so, you know, i'm wondering what is police doing right now to hopefully catch this big cat.

keep everyone safe. yeah. when milpitas police got the initial call about the camera, the mountain lion caught on security camera. they went out to the mobile home park and they used a drone with heat seeking technology to try to find the big cat. they were not successful. then when the second call came in at 4 a.m. of another big cat spotted, they came over here to hidden lake park and they once again used that drone for quite some time trying to detect the mountain lion. but they were not successful that second attempt either. not successful yet. marianne, i know you were able to speak with the fish and wildlife expert today. what did they tell you? yeah, fish and wildlife says that there is not a trend of more mountain lions coming back into the suburbs. they said, look, if you think about it, 25 years ago, these mountain lions probably came into backyards all the time, but

nobody knew about it. maybe a dog bark, but that was it. but now, because so many people have ring cameras and security cameras, well, they're getting them on tape. and that's making it appear like there are more mountain lions. but they say that is not the trend. also, he gave me some really great advice. if you do happen to see a mountain lion, you should try to make yourself as big as possible by putting your arms up in the air and make a lot of noise, then back away slowly. but whatever you do, do not run and i'm going to be very mindful of that because i'm still out here and that mountain lion is still on the run. yes. don't don't run. marianne, play big for sure. important advice as always. marianne. thank you so much for that preview. looking forward to your full story later on this evening. now take a look at this. that big rig was hauling 40,000 pounds of strawberries. it caused quite the traffic jam on 101 in san jose. it flipped over around 330 this morning on the northbound

101 880 interchange, shutting down the transition for pretty much nearly half the day. crews had to take out all of those strawberries to turn that truck upright and towed away, chp says. both ramps reopened around 115. thankfully, the driver wasn't hurt. we do have new information this afternoon about what students may have been exposed to during a san francisco sheriff's department training exercise in san bruno. chemical agents used during that training led to reports of several students getting violently ill at a nearby school. the tactical training classes were conducted at the jail in san bruno last tuesday. the training involved testing numerous chemicals used in tear gas and pepper spray, but the fumes are believed to have drifted half a mile away to the campus of portola elementary school. about 20 children were reported burning sensations in their noses and throats, and as reports started rolling in, the drill was called off. but some

parents reported the fumes made their kids sick for days now, the san francisco chronicle reports the drill may have included expired chemicals that date back as far as the 1960s. parents and county supervisor david canepa are demanding explanations and accountability. i am just extremely disappointed in the fact, that these chemicals, were released and then to find out potentially, potentially, that there is an expiration date on these canisters that they were very, very old canisters. i like to understand what the health implications of that are. in a statement, the sheriff's department did apologize to the school and said all chemical agent training has stopped amid the ongoing investigation. one supervisor, cannabis, says he plans to ask for a public hearing on this incident. okay, why are they starving in bunches ? we've told you about pelicans showing up sick at local rescue

shelters, and now there's a new theory about why they're not getting enough food. also, changing the sneaker game. meet the men behind a unique brand highlighting asian american heritage. but before we head to break, we want to know what trending story would you like to see later on in this newscast? have a poll up right now on my instagram. a lot of you have already voted, but if you haven't yet, still have a little bit more time to vote for one of these stories. you see right here elton john launches speak up, sing out campaign, dwayne wade returning to olympics or walgreens summer of savings. we'll te you allll

just think they may have found the reason as we've shown you, the birds have been pouring into rescue centers over the past several weeks, showing up disoriented and backyards,

ponds, even at oracle park during games. scientists believe it may be caused by a broken link in their food chain. food sources are too deep or too far offshore for the pelicans to reach, and they say it's happened on smaller scales in the in past years. and populations did rebound. but with so many bird sick, rescuers say it's costing them around $1,500 per bird to nurse them back to health. it's pricey. well, boarding and traveling on muni in san francisco is about to get easier for people with disabilities. white house announced today that it is giving muni millions of dollars, a total of eight states are getting more than $343 million to retrofit light rail systems, make them more accessible for people with disabilities, and muni is getting nearly $5 million. that money is going to go into improving five stops on the j church line, and another three stops on the m to ocean view line. that includes tightening the gaps between the

trains and platforms, plus building new platforms and wheelchair ramps. well, they started with 245. now there's just eight contestants left in the 96th scripps national spelling bee quarterfinals just wrapped up, but unfortunately, all three of our local spellers were kicked out of the competition today. finals are tomorrow night and the winner taking home 50,000 bucks and the scripps cup trophy. my word was lucretia. lucretia iron. it was kind of surreal because my goal this year was to, like, become a semifinalist or finalist. so i'm really happy. yeah. still amazing. so fantastic. and now heading to the finals, you can watch the final round live tomorrow night on iron tv. okay, so the sneaker game exploded in the 80s. yes. it hasn't slowed down since, but there was one market that wasn't being represented. here's our mike inouye with the men that changed

that. we continue to celebrate asian american, native hawaiian and pacific islander heritage right here at nbc bay area hey folks, what do you do when a company tells you your culture doesn't lead it? it only follows well, you create a new company with your culture as the lead. meet adam king, taiwanese-american sneaker head. after working his way up the ranks to global product line manager for a major sneaker company, he would hear talk that the asian american market wasn't needed. they just weren't enough to move a brand. and i got so tired of hearing that asian americans were follower consumers, or that the word asian-american was so uncool. it was like the third rail of marketing. and you never use it. instead of waiting for them to decide that we were good enough, we just we knew inside and had the confidence that we were. and what's been incredible has been that the numbers and the reception that we've gotten, not just within but outside the community, has reflected that.

co-founder sam hyun korean american brings a background in business and social change to 1587 sneakers. the first sneaker brand in the us that is owned, designed and inspired by asian american culture, which began, by the way, with asians first arriving in nearby morro bay. when all our shoes we put lots of messages speaking to the asian american community. so first and foremost, on every shoe it says 1587. that's the first year that asian americans came to america. and for us, that's a rallying cry. so every time people say, oh, you're new to the country, you're foreigners. no, we've been here 400 years. on every footbed, it says, leave your shoes at the door. we walk into any asian household and, you know, you don't take your shoes off. you're probably going to get a sandal thrown at your head. so you know, do so at your own peril. now adam, sam and the rest of the team there have created a place where the soles they sell reflect the soul of the company with nods to our cultural heritage. in fact, their tagline is

unapologetically asian, inspiring everyone to be their true selves. oh, by the way, audrey. sam says hi. oh, hi, sam. we were just talking about such a great guy. so such an inspiration. so proud of them. game changers. oh my gosh, i got to get myself a pair too. i know there is a bay area connection to that story that we'll tell you much more about in a couple of weeks. oh, that's a wonderful tease. yeah and i can't wait for that. yeah. okay. jia, you're working on the 5:00 i am. okay, let's go to oakland first. that's where the city is trying to balance the budget without hurting crime fighting efforts. we're going to hear from the mayor, the city council members and the community on where they're falling on this issue. and then, audrey, what's better than one olympian in the family? we're going to talk about three in the family. yeah, we have a sit down with the olympic hopeful siblings from the bay area. you can see they're playing water polo out of their parents raised them. that's what i want to know. job well done. fantastic family. all right. thank you. we'll see you in a little bit. still to come top trending story as voted by you

on my instagram poll. also, we now know when the top headliners will hit the stage at outside lands. the new details just dropped ahead of a summer music frenzy in san francisco. we're frenzy in san francisco. we're back ( ♪♪ ) you made a cow! actually it's a piggy bank. my inspiration to start saving. how about a more solid way to save? i'm listening. well, bmo helps get your savings habit into shape with a cash reward every month you save. both: cash reward? and there's a cash bonus when you open a new checking account to get you started. wow. anything you can't do? ( ♪♪ ) mugs. ♪ bmo ♪

is returning to the olympics, this time in a different role though the summer in paris, the gold medalist is going to join nbc to broadcast team usa men's basketball games. you may remember wade was the leading scorer for team usa's gold medal winning redeem team back in 2008. three time nba champion was a studio analyst for tnt from 2019 to 2022, but he has never been a game analyst. no eagle is going to handle a play by play duties alongside wade, and as always, i will be posting links to the other stories you voted for on my instagram. outside lands fans are you ready? three the entire three day lineup finally out and it

all comes ahead of single day tickets going on sale tomorrow. so here's a look. headliners include tyler, the creator, the killers, sturgill simpson and post malone doing a country performance. some other acts include the postal service, renee rapp, school boy q, killer mike, grace jones and actor idris elba is going to have a set. full lineup is on the festival's social media pages. all happening august 9th through the 11th at golden gate park. and don't forget to join us, by the way, today for today in the bay streaming tomorrow morning at 8:00, because we will be joined live by one of the festival organizers who will have everything you need to know ahead of outside land. you can watch today in the bay every day on roku, amazon fire tv, xumo and nbcbayarea.com streaming platforms, including our app. you can. you have no excuse. yeah, i know man. meteorologist jeff ranieri is joining us at 430. nice to see you. good to see you to any one of those. you

know, music legends. there would be good to listen to and just kind of hop around the festival. they got me at the country song performances. i'm like, i'm in. yeah. me too, me too. that weather forecast. no, a lot of you are in with those warm temperatures we've had lately. let's show you what's on tap for us here in our weather headlines. and as we head through tonight, we're going to keep it mostly clear and also mild. tomorrow heating up. we've got some 90 coming back in the mix for us. and we're also tracking some severe national weather. let's bring it outside right now. if you're doing anything over the next couple of hours it is comfortable 82 in san jose, we have some 70s here at six seven and also 8:00. so a mild night here across the bay out to concord, a little bit warmer. 86. we'll actually go to 87 at 5 p.m. and then those 80s holding on through six and also 7:00 and 70. still with us here through eight and nine and up towards napa, 82 right now going up to 86 here at 5:00. and then we're down to 81 at 7 p.m. and then we're eventually getting

into some 60s through 910 and also 11 san francisco not quite as warm, but still a comfortable day for you at 72. and then those 60s will be back here seven, eight and also 9:00. so as we roll through tomorrow, high pressure that's going to keep it warm for us. all this hot air moving in from the south that's going to start us off with some 50s. but look at the afternoon highs 90 santa rosa, napa also concord and livermore. now beyond this we're also tracking some severe weather here from the dakotas down towards colorado. we've got more looks at those temperatures. also the severe weather as we roll into tomorrow's forecast. all of that coming your way at 5:00 tonight. all right. sounds good jeff, thanks so much. and thank you for joining us at 430. gia and garvin are working on the 5:00 newscast next, and we are back in just two minutes.

new data about gun violence in oakland, what neighbors are demanding and how the mayor is responding. also, opening statements began today in the state's trial for the man who attacked paul pelosi. we'll have a report coming from the courthouse. plus, siblings, water polo stars are now olympic hopefuls. meet the woodhead kids. their journey to make it to paris as a family. the news at five starts right now. thanks for joining us. i'm gia vang and i'm garvin thomas. a very stark headline today as the city of oakland battles to balance public safety and a major budget deficit. a new report finds more than half of all the people who live in oakland live on a street that has experienced deadly gun violence. that report comes as the city council prepares to have its first discussion about the mayor's proposal to fill a $117 million deficit, while still keeping the city safe. here's nbc bay area's velena jones. it's really a disturbing,

alarming. i'm, you know, sad to hear that number. that's longtime oakland city council member noel gayo, reacting to a new report published in the new york times that found 73% of oakland residents live near a recent fatal shooting. i get those calls daily, late at night. during the night, the article mapped every gun homicide since 2020 and found 47 million americans nationwide living within a quarter mile of gun violence. when asked for comment on those numbers, the mayor's office said they feel the city is turning a corner and noted crime numbers have come down 30% compared to last year. and based on our population, we ought to have 803 officers and not 690 officers. so we need to do a better job in bringing more police, force to the streets of oakland. opd has been approved for 712 police officers since 2023. but the latest proposed budget calls for freezing