man who murdered his sister. and abc 7 is live tonight from the capitol with his story. >> more than 700 instates are on death row. not one has been executed in six years. former governors pete wilson skb george duekmedjian are a team looking to help families of murder victim autos i'm asking the court to set it right. >> bradley winchell says he's been waiting more tlan three decades foreclosure, his sister was murdered and raped. her killer is one of 14 inmates exhausting all appeals. just as he was about to be executed a judge aloud the lawsuit to move forward after he claims it was cruel and unusual punishment.

winchell saying he wants the state to resume executions by moving to a one drug process. >> i consider 31 years excessive delay injuries not only myself but my family. >> california death penalty has been criticized many years, delays often result in decades passing before an execution is carried out. >> it's a sad state of affairs when those official was the duty to execute the law care little about the victim autos opponents have been trying to get rid of it for years citing a report that found it costs $184 million a year to operate saying if winchell and his attorneys want too change protocol they can ask correction autos they need to put that into procedure ask submit it for public comment and need to have a hearing and do what they did when they set up this redirect. >> corrections can comment because it hasn't been served with a lawsuit business

attorneys say they've been unsuccessful in trying to get the agency to use the one drug method. he thinks the courts are the only way to let his sister rest in peace. >> this will add a little bit of closure if we do get executions back on track. >> there are five states that abolished the death penalty. and select california voters decide on the issue in november. >> a long time worker at san francisco international airport filed a lawsuit against the airport director and city claiming she was denied top jobs because she's a woman. there is vic lee with a story only on 7. >> sonia knudson is a curator at sfo museum. she says it's bad for women who want to get into upper management. >> for a department of less than 30 people, there is over

12 men promoted and hired and i stayed nowhere. gone month why. >> saying in four years, she's been passed over three times for upper management jobs, though she was the most-qualified. in the first two rejections she ranked number one for positions. third time, she says the airport changed the job description to include a skill she didn't have. >> and that way ensured a person they had in mind would be selected. >> she filed a discrimination complaint with the city and says it went nowhere and thrust hefr under the microscope, then retaliation. she's now suing airport director john martin, her attorney claims it's a culture e-cultivated. >> i see this case as pervasive disdis crime nation against women at san francisco airport that is being ratified and condoned by the director, john martin. >> today as rewe interviewedner the sue

meem -- museum, someone was recording our conversation from the balcony above us. f dismt u stands behind her and her lawsuit and say her case is symptom matic of a larger problem of gender discrimination in city government visms they say are afraid to complain for fear of retaliation. >> they're isolated and have job duties reduced and assignments changed. it sends a chilling affect to the rest of the employees in city and county. >> officials declined to comment saying they have yet to see it and same with the city attorney's office. >> santa clara county sheriff detectives persuing a criminal investigation into a post on a twitter account of sierra lamar. someone tweeted this message. it was quickly deleted and determined to be a hoax. possibly by someone who knew her pass word.

a sheriff's department spokesman called it a possible violation of penal code 528.5. and this is a misdemeanor. efforts were focused today northwest of morgan hill where she was last seen more than a month ago. >> another set back tonight for san francisco sheriff ross mirkarimi. a judge issued a ruling denying mirkarimi's request to overturn his suspension saying he's not entitled to receive a paycheck for now. and abc 7 tells us that this city attorney told a radio yesterday. >> there is ross mirkarimi's attorney dz not back down after a judge denied their request. >> remains are believed that the city attorney seems to think he can disregard the charter of the city which is the constitution by which this city is supposed to run in

favor of what looks like a partisan prosecution of sheriff mirkarimi. >> his lawyers argued herera cannot represent both mayor ed lee and the ethics commission. but the judge said the problem is solved when the commission hired outside counsel. hearings are the final legal man yours -- maneuvers. >> i think he's a danger in jeopardy of removeal. it serves him to try to short circuit that process. >> yesterday, mirkarimi gave an explanation of how he bruised his wife's arm saying it happened after an argument about a trip with their son. the city attorney questioned his version of events. >> we have amassed evidence of what he was doing. >> she stopped short of saying he did not tell the truth yesterday. >> we don't think explanations that are being offered now are

particularly credible. and are prepared to go forward. >> i've taken responsible for being held accountable for it, now. that has been adjudicated. >> tomorrow, if the judge confirmed the ruling denying the request, the hearing will begin on monday. >> this is a huge day for 49ers and fans, when construction is finished what is now an overflow parking lot will be home to what could be the signature landmark of skaly. a state of the art stadium complex for the niners. ground breaking is underway as we speak. and abc 7 is there live with all of the pomp and circumstance. >> they have just now started a video talking about the stadium itself.

the official with confetti in the air to music playing will get under way about 6:30 but let's take to you some earlier festivities. about is a00 are here to celebrate the official ground breaking for the $1.2 billion zwraimd project. when it's finished the stadium will see 68,000 and will include technology and highest building materials. building the stadium next to the team headquarters began as an idea six years ago. >> this is a place of wonderful memories. a great place to be. i think for us. there this is to make sure there is a great new experience for players. and this is, you know just the

best possible experience. >> the group santa clara plays fair is angry residents did not get to vote on the financing package and calls this a sad day. some neighbors are concerned about the impact on their streets. >> the parking and people coming in and traffic is going to be an issue. >> nfl community... >> there is a joint venture construction partnership in charge of the $870 million contract to finish for the 2014 opening season. and there is a $5 million bonus for finishing on time but for every game day they will be fined $6 mill yichblt okay? so we have a video finishing up right now and there are

going to be more dignitaries taking the stage. the mayor. and also, quite a few of the 49er players. head coach and also the ceo are expected to take the stage shortly. and this is going to end with a party going on. the team is paying for this and have not disclosed the amount for this event. >> thank you so much. >> still coming up comments from a retired judge going to speak freely about his most-controversial case autos you've heard of homes being robbed but how about someone's home being stolen? i'm michael finney. 7 on your side is coming up. >> and last chance to place an order at this century-old landmark.

it's not every day judges discuss cases. and abc 7 is here to tell us what he had to say. >> well, judge walker spoke at the common wealth club, he's now retired but gone into back into private practice. he talked about a few thicks. his most-difficult case than the one enjoyed the most but people wanted to hear about prop 8. this audience wasted no time asking the judge about prop 8 and his decision to take the case despite his sexual

orientation. >> i didn't anticipate a problem because the word was out and had been disclosed and published in a number of sources. >> it did become an issue. opponents of same-sex marriages wanted him disqualified. august 4, 2010 walker overturned prop 8. >> to single out particularly minority judges on this basis would be a dangerous road to go down. >> in february a 9th circuit court of appeals panel declared this ban on same-sex marriages to be unconstitutional. the judge affirmed walker was not obligated to recuse himself from this case because he's gay. >> like any judge, i'm happy to take it. >> his most-difficult case was warrantless wire tapping. he ruled the government was liable for wire tapping

without a warrant. >> larger problem was the dilemma that a judge is in when he or she is given information from one side but did not share witness another side. >> to those thinking of going into law, walker says profession is not what it used to be. >> the economic rewards may not be as great going forward as in the past but none theless if this is what turns you on by all means do it. >> and he believes this issue will be decided by the supreme court. the case he most enjoyed was an antitrust case involving the sale of the san francisco chronicle saying it had elements great relationship stories. and great lawyers on both sides. and with regard to brad pitt taking on the role of judge walker, seems he didn't mind

that. i'm sure you won't mind that, either. >> could wo anyone? >> no. thank you very much. and two former top executives from a san jose nonprofit are facing criminal charges for allegedly skimming employee wages to pay agency's bills. the former ceo of agency and former cfo were charged with felony grand theft accused of falsifying employee paychecks and taking $1 mill frin yin from retirement accounts over a five-year period. moxa onlies several community centers if convicted both could face up to three years in jail. >> after serving chinese food for 100 years a san francisco institution is closing tomorrow. it's been a fixture on

washington street ever since. it's a carrow shop between two buildings. customers enter through the kitchen then go up stairs to eat. >> it's hard for us to part with it. it's been in the family such a long time. we share such, you know, it's -- it's such bonds with customers and it's just -- i don't know. we've been spending time here, they're open from 11:00 to 3:00 in the morning so it's just, we spend a lot of time here. >> the shop's lease is coming up, so the owners decided to make a clean break because the health department says the building needs a makeover. >> what an amazing history. >> absolutely. >> and from the very old to very new let's go back live now to santa clara ask a ground breaking for the new 49ers stadium which has been underway for about an hour and five minute nouz. >> that is right. and this is the mayor about to talk. let's take a listen in perhaps.

>> we can't hear the mayor. there we go. >> amazing jed york went door to door and told santa clara why this was the best thing for them and inspired them beyond what they can dream to see this reality we're having a piece of today. so... if you want to find heroes they're all sitting here. >> that is the mayor of santa clara. and then a big party. >> and lots of people out there. yes. and for latest you can get the news. >> yes. and it's thank goodness there is a beautiful day. so there are lots of beautiful days coming our way.

there is clear skies now. you can see patches of fog there near the coast. and there are some of our high temperatures up to 80 degrees today and there is 79 in napa and fairfield. 77 morgan hill. warm weather around the bay area, 65 here in san francisco. and there are 78 degrees in antioch. numerous locations with temperatures mid to upper 7 ows. there is highlights, clear skies tonight and coastal fog. warm days will be with us throughout the weekend and turning cooler next week, here is a look at the satellite there is a disturbance for us, high pressure for a while. warm ridge developing now keeping us dry and warm throughout sunday and into beginning of the week. there is low temperatures mid

to upper 50s in most locations and fog at the coast and there is starting at 5:00 in the morning that fog will start to pull back and we'll see sunny skies from coast to inland there are warm and mild conditions on the coast. high temperatures up to about 70 degrees, south bay highs tomorrow into mid-80s. 87 in los gatos, peninsula, upper 70s to low 80s. there is 66 in pacifica. the coast will see mild weather. 71 will be the high downtown tomorrow. 67 in the sunset district. there is mid-70s in the north bay. there is near east bay highs

many in oakland tomorrow. 81 in union city. there is upper 80s in antioch and brentwood. near the bay looking for low 80s in watsonville. there is 89 in gilroy. here is the accu-weather forecast. yes, we'll see 90 degrees or perhaps higher saturday and mid-70s on the coast. a slight cool down sunday then cooling down further into next week. clouds gather but what a spectacular weekend. >> and especially if you like hot weather, enjoy it. >> stadium ground breaking is only minutes away now. festivities are already happening. this is a live picture. back in a moment. - ( music playing ) - we know technology can make you more connected.

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six students and school receptionist were killed april 2 at the zoo offers nurgsing dug degs. the driver has raised concerns because of what happened there. and and several students say classes are held at location. >> and the state public utilities commission today

approved almost $20 million in fines in the aftermath of a san bruno pipeline explosion. pg&e was order owed to pay p million in not producing inspection records after the blast. and bigger fine almost $17 million levied for not conducting leak detection surveys in seven cities. the fines were proposed by p.u.c. staff last year and today, the appeal denied. you tilts ordered to pay up and money matters a flashy debut on wall street. a san francisco company. it makes software and shares were priced at $17 crossed at $35 that puts splunk value at $1.5 billion. >> facebook reportedly set a date for its wall street debut. a tech blog site multiple

sources say may 17th and another analyst says it will be that week. and facebook expected to raise $5 billion. >> shovels about to hit the dirt in santa clairea. that is where ground breaking is going to be taking place at 6:30. we're taking a look in there now. trying to bring you that live. >> and 7 on your side looks into theft charges involving some prime san francisco real estate. and international web of deceit. >> and remarkable new technology that can ease pain of recovery from reconstructive breast surgery.

good evening once again, prosecutors laying out a case against three men accused of stealing multi million dollar

condos from a real estate executive. this allegedly goes from san francisco to switzerland. and michael finney is here with an update. >> this is amazing. one defense attorney compared this to a movie with twists and turns and a man dubbed the dark prince. in all, three men face 48 felony counts ranging from grand theft money laundering and filing false documents. this is one of san francisco's prime pieces of real estate. it's a gorgeous view of san francisco bay. executive shirley wong likes it so much, she bought three condo there's for $3.75 million. three men also saw opportunity in that property. prosecutors say real estate broker and attorney and a telecommunications agent and

tennis instructor conspired to steal wong's property right from under her. >> complexity of the way the defendants went about defrauding this person by, you know, recording title to properties owned by someone else, then going out and getting loans from the real estate is very disturbing. >> prosecutors kicked off opening argument business saying he'll prove the men identified the property, took it, then tried to hide what they took. saying they chose wong's property because she had no outstanding loans on it, they're accused of forging the deed sh transfering properties and taking $2.2 million in loans on those properties. prosecutors believe the money funneled into a shell company, then into swiss bank accounts

before being split among three men. and harrison points a finger at this man, who is facing 19 counts in this case. the man known as the dark prince, isn't being tried in this case because he's in palm springs on trial for the murder of clifford lambert and for plotting to steal lambert's home. the district attorney says he wants to keep the focus on the other three. >> and right now we're dealing with three defendants. and. >> the attorney says he duped the client into thinking the victim was his girlfriend and that he was only trying to help n opening arguments the attorney described shaw as a man of hark. he said the he conned his client. the attorney did not give an opening statement. >> just want to make a

statement? >> all three declined to speak owe us. the trial is expected to last six months and contains thousands of pieces of evidence. if you're a victim of mortgage fraud in the city of san francisco, the district attorney has a fraud hot line. and we'll post that on our web site. >> thank you. >> scary moments in the air. a los angeles-bound jetliner made an emergency landing after a bird strike this afternoon. minutes after takeoff from new york a bird got stuck into the right side engine of delta flight 1063. the pilot turned around. and the flight landed and there were no injuries. passengers were transfered to another flight to l.a.x.. >> updating bizarre crash of a small plane in the gulf of mechl tonight the coast guard has seen no signs of the pilot survived. air controllers lost contact with the plane after it took off from new orleans.

it flew three hours without a response from the pilot. fighter jets were dispatched before the plane went down and recorded the windshield was iced over. the plane landed and floated before it sank. you may remember that a golfer was killed in a similar crash in 999. his plane lost cabin pressure. >> shovels about to hit dirt in santa clara. >> let's go back now to the site which is just across the street from great america. >> and i can't stand up here, all eyes are on the team ceo. he's getting a big round of applause now for his speech about this $1.2 billion

stadium. and there are 68,000 seats and saying it's going to be net neutral to the grid. he's talking about other events taking place at this stadium once it's built. there is a super bowl here that got a big round of applause. they're getting ready to put the shovel in the dirt. the dignitaries are talking about this day and how proud they are. to make this happen aafter a long fight. we'll come back live when those shovels hit the ground ground for this day in santa clara. >> and thank you so much tonight. we're taking a look at the site. >> coming up next a

controversial proposal to lighten up on california drug user autos if you're not selling the stuff maybe

a san francisco lawmaker says it's time to change the punishment for drug possession in california. and introduced a bill making simple possession of an illicit drug a misdemeanor instead of a felony estimating

it will save more than $1 billion and reduce prosecution and probation costs. aclu and experts support the bill. >> this is our position based on the best evidence of treating patients who suffer from the disease after tix it's counter productive to relie on punishment as a response to addiction. >> major law enforcement groups oppose this bill saying it could feg nifly impact public safety and users may commit other crimes to pay for habits. >> a group of workers picked up old fashioned tools to help make dreams come true for special kids in the south bay. these employees volunteered with habitat for humanity to make play houses and and and

and there is a new play house for the first time. and and and they're going to see the colors and they're butte ooflt project produces 120 play houses per year, we learned about volunteers building play houses thanks to a tip from one of our viewer autos what a great story. >> oh, yes. >> and easing the pain of breast surgery. >> a new war epic and what >> a new war epic and what soldiers had to what'll it be?

i'll have blueberry pancakes. uh huh. actually, make that glazed pecans... ok. with chocolate... no... caramel sauce. whipped cream? uhhhhhhh, yeah... but on the side. introducing build your own pancakes. only at denny's. new technology could help millions of women recover more quickly after breast cancer surge skpri an advantage is that it puts new control. abc 7 news health and science reporter has the story.

>> this is basically you have an early stage cancer and you're not going need radiation its been 72 hours since beverly went through a double mastectomy. >> this i can do in my home at my own pace. >> during her surgery the doctor implanted a device known as an expander. they're used to stretch out the scar tissue and create space for reconstruction. but expanders in the chest will accomplish that in a unique way. >> there is a button to turn it on. and hold this over where your expander is. >> a remote will allow her to deflate them herself, controlling the pace. >> this is very easy to use. and this is two buttons, one to turn it on. >> she presses same, and it is

differed. >> the ceo of the company air expanders says each contains a tiny reservoir delivering the inflation. and says it's an alternative to traditional expanders. >> and now the patient going use this small controller. >> he says patients apply three small doses per day. >> they're not subject to immediatel and discomfort and can go at their own pace. >> the company says data suggests women reach the optimal expansion in less time using the system. >> and that this is about 15 day autos doctors will remove expanders and place permanent

implants. >> this means a lot to me on whole again like i'm sure every woman out there. >> this company hopes to have it ready by the end of the year. >> what is called most expensive film in south korea opens in theaters tomorrow, my way is a war drama. and we take a look on the aisle. >> there is 1920s korea. this korean boy works for an officer. and in later years the two face off in a race to go to the olympics. the japanese command against first place to taksua. and there is an officer that show nose mercy. they wind up in a russian

p.o.w.camp. it's hopeless. they're forced to wear russian uniforms. and they escape and a bomb begins. they wind up in a german harmy. this is a graphic look at horrors of war. their journey sounds like a human version of "war horse". just hope this finds an audience. and there is a cast of thousands. 16,000 to be exact. it's bloody and gorey. filled with action and devoice. some scenes remind me of "saving private ryan" and there are actually stunning movie making. the title doesn't make a lot of sense.

it's mellow draw matic in parts mpl for that reason i'll give it a little less than a full bucket. >> that is fascinating. >> spectacular out there. there is we may have to interrupt to you get to the ground breaking. >> there is a wonderful picture showing the view from twin peaks this afternoon. blue skies and tomorrow, state wide sunny skies and wampl just about everywhere from chico down to fresno. there is 101 in palm springs. and there is coastal fog and will be mild at the coast. 71 in san francisco. upper 80s inland. here is the accu-weather forecast. 90 degree highs inland locations on saturday. and there is mid-70s on the

coast. there is a cool down and dry, mild and good weather. >> thank you. >> and there is another crucial showdown tonight. >> that is right. mike shumann is there, live,. >> hp pavilion, game four, must win, we'll hear

let's go back out live now to santa claire yachl the ground breaking is about to begin. >> there is a golden shovels and all good things come with time. i suppose. >> this has been a great celebration z started almost a couple hours ago at 5:00. there are golden shovels. the stadium is expected to be completed for 2014. this is a 49ers are very excited about it. many fans are not particularly happy about this decision to leave. >> if you're wondering, photo

ops, people. and there we go. >> well, again, live pictures now and this is a fun day. and there is so many complained it's out of date and there is a modern day age. >> there here we go. >> four, three, everybody join. one... >> and let the destruction begin. >> that is a beautiful day. it is a beautiful day there. >> yes. >> there is all sorts of

people talking about this big decision. down here, controversial and again, it's an exciting and important day. >> yes. it's going to be fantastic. >> two years that is... a quick turn around to build a stadium. >> we'll see if they can get it done. >> there is some incentive owe goat it done urgency but no panic that. is describing the team's attitude and there is not quite do or die, but close. >> and i think we throw the word "must win" again a lot. game four players upset and so were fans. and they're going to be back probably some of the best fans

in hockey. and didn't have a lot of reason to cheer. i just ran into a guy who flew in from st. louis. >> this is -- it's been a good series so far. i don't expect less. >> game four, come back here, win game six at home. >> and seems like only thing anyone wanted to talk about since monday's game is sharks penalty kill. there are three power play goals. there is a result agreeing with the decision. >> sometimes things are working together, you've got to switch it up and i'm fine with that. and there are sometimes a few

and sh times a few games. when things aren't going have you to find a way. >> there is a good opportunity here at home. >> and a look to lee place patrick parlo and that will be the only change i see tonight but it's going to be a good one and, like i said a must win. back to you. >> thank you. >> there is indianapolis colts reportedly hold andrew luck they will take him. and there is 35 touchdown passes last year. we saw the end of an era today, one of basketball's prominent

figures officially resigned. walking away from the game after 38 years to focus on her battle with early on set dementia. and today she passed a whistle on to new head coach. best wishes for pat summit. >> what a figure in basketball. hopefully she can hang in there. >> wish her the best. >> that is this edition of abc 7 news. >> and for everyone here at abc 7, thank you for joining us. >> we appreciate your time. see you again at 9:00 and 11:00. [ female announcer ] what would you call an ordinary breakfast pastry that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel.

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captioned by closed captioning services, inc. this is "jeopardy!" please welcome today's contestants-- a retired english professor from victorville, california... a rural letter carrier from sharon, wisconsin... and our returning champion-- a copy editor from brooklyn, new york... whose 1-day cash winnings total... and now here is the host of "jeopardy!"--