peterson case. good evening, i'm ryan yamamoto. >> and i'm elizabeth cook. within the last hour, a judge making a key ruling as peterson pushes for a new trial in the murder of his wife and unborn son more than 20 years ago. >> cbs news elise preston with the late breaking developments. >> reporter: a judge will allow one piece of evidence to be retested for dna. now that evidence is a 15½-inch piece of duct tape found on laci peterson's pants. the ruling comes after a long day in court where attorneys argue for the testing of more than a dozen items. the judge denied testing on all the other items including parts of the mattress found in a burned out van around the same time of laci peterson's disappearance. scott peterson's attorneys argue the items it tested for dna, could prove his innocence in the murder of laci peterson and the couple's unborn son, conner, nearly 22 years ago. the

d.a.'s office argues today peterson was found guilty in 2004 with overwhelming circumstantial evidence. in her ruling, the judge cited most of the items were not in police custody, were not in a condition to be tested, or would not have changed the outcome of his conviction at the time of the trial. another peterson hearing is expected in july. back to you. we are following major new developments in gaza and the return of a bay area doctor trapped in the war zone. >> well today israel's military is pushing deeper into the city of rafah. in southern gaza where hundreds of thousands of displaced palestinians are trying to find some semblance of safety. a bay area doctor who was trapped in rafah for nine days has finally made it home. we first told you about dr. haleh sheikholeslami two weeks ago. our kevin ko met with her at her mountain view home where she says it has been a bittersweet return.

>> there is no safe zone that could be safer zones, but there is no safe zone in gaza. you know sometimes i would be, you know, jolted out of sleep from the bombardments. >> reporter: dr. haleh sheikholeslami is back home after leaving for gaza on may 1 and being stranded for more than a week. six days after she entered through the rafah crossing, it was shut down. >> and that was a big blow. we couldn't get out because of that, but also because we knew no new aid could come in. >> reporter: this is where she worked. the primary health center. she saw about 40 patients a day including many children. treating infectious diseases like acute diarrhea and hepatitis a caused by unsanitary water and food. >> last night i watched a clip of a video being bombarded. and

the next thing i saw was the same clinic, the same area that i was working, the road i would go in, there were bodies. >> reporter: it was one day after dr. sheikholeslami returned home in what's being described as the tent massacre. an israeli air strike in a makeshift encampment in rafah's area. killed at least 35 people according to palestinian health workers. prime minister benjamin netanyahu called it a tragic mistake. with video from cbs news showing the hospital dr. sheikholeslami worked in full of dead and wounded children. >> don't get me wrong, i love to be back with my family, and they have been very supportive. but you know, it came at a cost of kind of leaving behind my coworkers, my colleagues there, and also the people i have met in gaza who i knew could not come out. >> dr. haleh sheikholeslami is

a local hero. she did what most people could only imagine doing. she put her life on the line. >> reporter: zara billou on the counsel of islamic relations says what dr. sheikholeslami feels isn't surprising. >> we have been hearing for months from anyone who has been able to go is that there is this heartbreak in the privilege of choosing to leave. they're carrying survivors guilt because they're home and safe with their families when they want to be doing more. >> if it becomes a bit safer, i would like to go back. i think there is just so much need. if, and hopefully the war stops soon. if all of this stops now, there is just so much that the country needs. >> reporter: that's dr. sheikholeslami's other pressing concern. captured through these images she took of the destruction she saw. as

the war continues, the work for palestinians to rebuild their homes and communities only grows. multiple experts tell cbs news that the bomb dropped on the encampment was made right here in the u.s. they say images of shrapnel from the scene appeared to show a u.s. made gbu39. u.s. secretary of state antony blinken said today that he could not verify with a weapons were used. israel's military says they have seized control of a strategic corridor along the gaza border with egypt, all in an attempt to cut off smuggling tunnels. that move could raise tensions between the two countries. back here in california, pro-palestinian protests at uc santa cruz have prompted the university to move classes online through at least tomorrow. last night protesters blocked one of the main entrances to campus. uc santa cruz is also where graduate workers launched a major strike last week over administrator's

handling of demonstrations at uc campuses across the state. and a san jose state professor has been put on administrative leave for her role in the pro-palestinian demonstrations. he's a justice professor and an adviser to student activists on campus. the administration is accusing her of repeated violations of university policies, and encouraging students to set up encampments. she says it is just not true. >> he said that i marched the students through the student rec center, which never happened. that i ordered the students to camp and they refused to follow my order, which again didn't happen. i do feel what's happening to me right now is a threat against freedom of speech, against our constitution, and against academic freedom. >> we reached out to san jose state for a comment, but a spokesperson said the university does not address personnel matters. for all the latest on the protest here in the bay area and any new developments from the middle east, just head to

our website kpix.com. okay, so we're on the fire watch this evening. some nervous moments for homeowners in los gatos today. this is the scene from our chopper on mountain laurel lane, a little less than two hours ago. you can see the crews out there working. you see the scorch marks coming right up to the backyards. >> it's a good reminder of the dangers as we head into the summer months. first alert meteorologist darren peck is tracking the warm temperatures coming our way. >> i think these two will go hand in hand for the next several weeks and probably months, especially for the lower elevations of the bay area. like the hills that will surround los gatos. by the way, just a little perspective here as we are looking over the santa clara valley. that view that we show you all the time will come from a place that we refer to as black mountain, which will sit right about here and there on the hills, going down through the peninsula looking down over towards los gatos, which would be right about in that vantage point. a nice little warm up today. and the temperatures for many parts

of the bay are about 10 degrees warmer today than they were yesterday. so we are increasing the heat that lowers the humidity on whatever fine fuels there are like grasses or fine twigs and things like that. and we also didn't necessarily get a whole lot of help today from the onshore influence. there was a little bit of a southerly flow here, but the relativity humidity that i just checked, down into the low 20s. the bottom line is that's one example of what we should all be thinking about in our communities that will back up against what we call the urban wildland interphase. they are starting to dry out as you notice they are not nearly as green as they were anymore. spikes and heat, kind of like today and that will be the biggest indicators in some of the bigger concerns just from the fire on landscape issue here in and around homes. we've got to talk about the warm up in more details. when we get back together in the full forecast, it is a big jump.

i'll show you how high we're about to go. back to you. >> darren, thanks. novato police have arrested eight middle schoolers in connection to a fight that happened on school campus last week. the kids range in ages from 12 to 14. and they were taken to vele hall yesterday. as sinaloa middle school, investigators say a group of students jumped another student just after lunchtime. and then a second student tried to stop the fight, but was so assaulted by that group. both victims sustained moderate injuries, but are expected to be okay. eight students are now facing felony assault charges. well, opening statements began today in the state trial for the man accused of attacking paul pelosi. this comes a day after david depape was resentenced in his federal case. a jury found depape guilty in attempt to hold nancy pelosi hostage and assaulting her husband with a hammer. depape apologized for breaking into the pelosi's san

francisco home back in 2022. a massachusetts fugitive known as the bad breath rapist has turned up here in the bay area. police announced they located him after 17 years on the run. >> you know, they get so gruesome that sometimes you just want to give up. it will just take that effort for someone to just keep pushing. >> coming up tonight at 5:30, we'll meet a member of the team who tracked the bad breath rapist across the country to bring him to justice. i'm anne makovec, keeping an eye on the jury deliberations and the criminal trial for former president trump. as soon as tomorrow, he could become the first former president ever convicted of a crime. this is one of four criminal cases trump is facing, but probably the only one that will wrap up before the presidential election in the fall. in this trial, trump is facing 34 felony counts of falsifying business records. prosecutors say he tried to conceal a repayment to his former fixer, michael cohen, for $130,000 in hush money paid

to adult film star stormy daniels ahead of the 2016 presidential election. >> that is the question at the heart of this. were the business records falsified in order to try to unlawfully influence the election? [ inaudible ] now in his instructions to the jury today, the judge reiterated the burden of proof never shifts from the people to the defendant if the people feel desatisfied, the burden of proof, you must find the defendant not guilty. and if the people do satisfy their burden of proof, you must find the defendant guilty. after several hours of deliberations, the jury came back today with a note asking for transcripts of testimony from michael cohen and the former publisher of the national enquirer. we'll see what tomorrow brings. and still ahead an update from investigators looking into the disturbing shooting of a bear club in south lake tahoe.

what they are saying about possible charges. the bay area will host the world's biggest sporting events over the next few years. we'll meet the woman in charge of making it all happen. >> i have a phrase that i say to myself a lot, which is you have to be really good to be lucky, but you also have to be lucky to be good. for youth aging out of the foster care system, a marin county woman is providing warmth in their new home. how she's doing it in an environmentally-friendly way coming up.

crews in san jose were in a bit of a jam cleaning up this mess. a big rig carrying 40,000 pounds of strawberries just overturned. it all happened around 3:00 this morning on the ramp between northbound highway 101 and northbound interstate 880. the crash shut down the road for hours. no word on what caused the crash or if anyone was hurt. now to san francisco. a

restaurant is pushing back their grand opening as the owner said thieves stole more than $15,000 worth of cooking equipment and liquor bottle. this all happened on the golf street in haze valley. yesterday the restaurant was suppose to have a soft launch party. several burglars entering the restaurant. they go behind the bar and start grabbing liquor bottles off the shelves. and the owner says he is still optimistic though about getting his restaurant ready to open. >> i've been in the industry for a long time. i have weathered the big financial crisis. so a robbery and i'm thankful they didn't do any property damage, certainly not going to slow me down. >> the owner says investigators came in to dust for fingerprints on the bottles. he hopes to open his restaurant by next wednesday. the man who shot and killed a bear cub in south lake tahoe will not face any charges. that

cub wandered into the open door of a home on memorial day weekend. wildlife officials say the homeowner tried to shoe the bear away. when it wouldn't leave, he shot it twice. the bear ran outside, climbed up a tree and then fell off. that's when the man shot the cub a third time killing the animal. the california department fish of wildlife now says it is determined the shooting was indeed self-defense. a heads up if you live in milpitas. someone's ring camera spotted this. a mountain lion happened over the fence at a home on fairmeadow way. that was around 4:30 a.m. and there have been a couple of sightings a couple hours earlier at a mobile home park on dixon landing road. but this is a very clear shot of that cat. police say they searched the area with drones that even had thermal cameras, but they could not find any mountain lions. >> darren, we see a lot more of these types of sightings this time of the year because it is warming up and they are looking

for water. >> and you remember the one walking through the city? and so their population is getting better with more experiences like that are happening. so let's talk about how things have changed for us using the virtual set and we will take advantage of this view we get every day. what you're seeing out there are a few high clouds and normally this time of the day and this time of the year, we would be watching the marine layer. it is real pretty and it will cool us down with nothing right now. and a somewhat more dramatic example of that. let's go even higher to the seattlite. and that is the point. this time of the year, you're suppose to have a wall of gray sitting off the coast here with a little bit of marine layer off the coast. this is what it looks like when

the temperatures will spike for us. let me show you when it will come back and switch from looking at this live. high resolution satellite as we will switch over now to the forecast imagery. we're going to take it from this point and play it forward. do you remember that patch of clouds? and by friday, we will get a little bit of something it's a called a southerly surge. watch them develop down here and surge to the bay from the south. so this is not going to be an overwhelming return to may gray on friday. it's not even going to be a big drop in temperatures. it's a start. now watch what happens for saturday. we will go through friday morning and it will go in even more. so we will get a little bit of a break for your weekend. saturday and sunday, it will be some of the cooler days in the whole seven-day forecast. but thursday and friday, there is a warmup that's coming our way. so we could get specific on that and we will go to the virtual map

for that and i'll show you tomorrow's daytime highs for that first. we would look at the daytime highs for today a moment ago and the low 80s when we were talking about that near los gatos. it was like 81. tomorrow you'll be in the mid-80s. today is the biggest jump, but tomorrow you're going up a few degrees. livermore right near 90 tomorrow for the daytime high. even in the city, 70 degrees. and you know when you hit that 70-degree mark in the city, that is a warm day. it's not hot, but definitely the kind of day when you step out saying this is a warm day in san francisco at 70 degrees. you will also have less in the way of the breeze. so we can see how this is played out for us and we will go back to the forecast imagery, showing you how the air will move across. the warmer. we are looking at higher elevations here up around 5,000 feet. and that is where you look to see how air

is moving. the warm up comes, but i wanted you to see how on thursday that warm up will sling closer towards us. and that sets us up for those warmer temperatures. watch what happens here. we're going to play this into the weekend with a little break. the whole headline is starting to be in the middle of next week because that's getting us towards wednesday and thursday of next week. warmer air is coming our way. you can see the big purple area that's showing up here. probably one of the first good spikes in heat for the west as a whole coming back by the middle of next week. that has implications for us. but we will take this one seven-day forecast at a time. then we'll start out with the micro climates. you can see the warm up here. warmer days with your cool down for the weekend. marine layer will come back. then we will have to start talking about this. we haven't made it to the mid-90s yet so far this season. that will appear to be coming your way by the middle of next week. that's for one micro climate for the bay. it looks a whole

lot better in the immediate interior of the bay in the upper 70s. and i'll see you in half an hour. >> still ahead, new developments in the rest of the world's top golfer. plus, one california kid ages out of foster care, they are largely on their own. we'll meet the bay area woman giving them a healthy hand to a more stable future. i want them to know that somebody cared

it's national foster care month. >> here in the bay area, the marin foster care association says 35% of foster kids are placed outside the county because there aren't enough families to care for them. once they eventually age out of the system, it doesn't get any

easier. >> sharon chin introduces us to this week's jefferson award winner who makes his living spaces feel like home. >> reporter: carolyn flannery helps a young adult unlock a new start in life by decorating that person's one-bedroom studio with love. >> we try to make it as homie and as pretty as possible. did you get shower hooks? >> reporter: carolyn and her volunteers are furnishing two units of an apartment building in novato. it's at the marin foster care association purchased. the people who will move in need a place of their own. carolyn knows they have been through a lot in foster care. >> you're placed in a home where everybody is a stranger. it is just a very difficult time and it is very confusing. do you want to work on the bathroom with that stuff? >> reporter: carolyn felt so deeply for the young people, she gave up her interior design business in 2020 to start the non-profit, make it home. she

began by furnishing homes for people 18 to 21 who aged out of foster care. >> i want them to know that somebody cared enough to put this space together for them. i want them to feel safe. >> reporter: gently used and donated furniture will come from make it homes three ware houses in san rafael, walnut creek, union city. so far they decorated nearly 2,000 households in san francisco in the north and east bay. in the process it saved 2,000 tons of furniture from the landfill. their 100 volunteers would turn the empty spaces into the comforting spaces. >> that is somebody's own space. to get that for themselves, it's really exciting. sometimes there's tears of joy. >> i've got to fix the right fabric. >> reporter: joy and gratefulness according to ashley heard. >> they are truly blown away. i think some of their feeling,

this is really all mine. like this will belong to me and only me. and a lot of times they have not had that or space to call their own. >> i think it might be better over there. >> reporter: they have partnered with social service agencies to serve more than 4,600 people. half of them children. besides foster youth, the recipients will include the military veterans, domestic abuse survivors, immigrants, displaced farmworkers. >> it's the only super power i have is to be able to collect furniture and put it together. and so it makes me feel good to be able to do that for people who really honestly need it. then we've got some stuff in here, some cleaning supplies. >> reporter: for creating warm safe spaces for people getting a fresh start, this week's jefferson award in the bay area will go to carolyn flannery. >> and people can shop that san rafael warehouse by appointment only. >> what a story. and profits go back into the program to purchase items like mattresses

and pillows. they really make those spaces beautiful. you can nominate your local hero for a jefferson award online at kpix.com/hero. still ahead here at 5:00, she's back. >> i was surprised, but more in doubt, i was relieved. >> we'll take you to santa cruz where the surf board stealing otter has made her triumphant return. and rent prices are falling in the bay area's three largest cities, so what is behind this trend? we'll meet a member of the team who tracked a notorious fugitive to the bay area 17 years - lift the clouds off of... - virtual weather, only on kpix and pix+.

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right now at 5:30, a group of wealthy investors are pushing forward with a new plan to create a city in solano county. their plan to invest in the local work force. prosecutors have dropped charges against a world's number one ranked golfer after his high-profile arrest earlier this month. their explanation. a man convicted of kidnapping and rape more than 16 years ago on the other side of the country is now behind bars tonight in contra costa. investigators say the so-called bad breath rapist had been hiding out in danville for years. >> our lauren toms spoke to a member of the task force