the jennifer hudson case. >> balfour faces live in prison. >> good afternoon, everybody this is abc 7 news at 4:00. i'm larry beil. >> there is the family of os scar grant appealed outrage that johannes mehserle is appealing the appeal for the fatal shooting. she's upset mez mez wants to pursue a job in law enforcement. he served 11 months for killing grant. he maintains he confuse aid firearm for a taser. >> if he said he made a mistake, to allow him to come back to the force that is just another murder waiting to happen. >> and mehserle's attorney and says the case says the case has far reaching ramification

autos charging a police officer that makes a mistake with a crime is going to cause police officers everywhere to be tentative about doing things they need to do. and his lawyer says he'll take the case to the california supreme court. >> and iliana lopez is among the 17 people listed on the potential witness list for the ethics hearing made public today. others expected to testify include his ex-girlfriend, "new york times" columnist, neighbor ivory madison who videotaped claims of abuse, his former campaign manager and mayor ed lee. the hearing will decide whether the mayor was on legal and firm legal ground in trying to remove him on misconduct charges and a final decision he bruised

his -- bruised his wife's arm in a new year's eve argument. >> this mother's day will be a time of reflection for a morgan hill mother whose daughter sierra lamar disappeared nearly two months ago. marlene lamar released a statement reading being a mom has been greatest joy of my life. i love you danielle and sierra. i'm proud to be your mom. and there is a search underway for the missing 15-year-old. today, search and rescue crews and the first land search by deputies since april 21. >> and now, a cheer ultimatum and a deadline for them to leave or risk arrest. the protestors have been camped out on a piece of land almost three weeks. this land is at san pablo and marin avenues. we're live now with the latest. laura? >> well, first came the

blockade, then locked gates. now, police and a choice if they clear out by morning the university says these occupiers will have input in a community meeting to decide what happened here in the future. >> by hope they're able to take question for an answer. >> the latest communications that those occupying the tract get out by saturday morning to secure two sneets a larnler community meeting about urban farming. >> there is until 10:00 in the morning to decide whether they want a seat on the table. they have a choice to make. >> despite having the police and private security on hand, they show nod sign of pulling up stakes and leaving. this afternoon there is another delivery from outside of the fence. >> are you going to leave by 10:00 a.m.

>> no. we're not going to leave by 10:00 a.m. tomorrow morning. that is not the plan. it's absurd. like two seats at the table for a closed meeting that doesn't involve everyone in the community and folks interested. >> the gates may be locked but that hasn't stopped anyone from coming or going. and there is no qaums about climbing a fence to get in. >> people often to v.to break the law to stand up for something they believe in. the university may or may not have law on its side we think occupiers have justice on their side. >> do you have issue with climbing over the fence to get in there? >> no. i climb over fences a lot. >> and officials say remaining occupiers must leave by 10:00 a.m. tomorrow to secure two spots at that meeting supposed to happen that same time, again,

at this point the university would not tell us where that meeting is supposed to be held. >> there is developing news affecting bart riders. bart is facing major delays. the agency says an equipment problem on a train is impacting trains heading to sfo. and san francisco teachers have voted to strike. 97% of teachers in the san francisco unified school district approved a vote, the first step in calling a few tour strike. another vote is needed before teachers hit picket lines. that is they said they're fed up with layoffs and cuts. >> a much needed affordable housing complex is opening in san jose. this is the last of its kim. this is near monterey highway.

we're live from the complex with more. >> this land used to be an old auto salage yard. the state kicked in to clean up the residue. the city teamed up to create this complex. sally baker lives in one of the affordable housing units sh she's a full time student and her husband is a gulf war veteran. they're paying $950 a month for a beautiful apartment. >> housing is such an issue these days that it's very hard to find these opportunities ichl grateful to have this opportunity. >> the project has 92 units, everyone is taken and there is a waiting list of 500 applicants. the develop jerz the project created 150 jobs and would not have been possible without a substantial amount of redevelopment money. >> there is a $10 million

project. without it there is no way it would have become a reality. >> that is why today is bittersweet. it represents end of an era and this year the cash strapped state did away with redevelopment funding. >> we want to be able to help more people. soy think the real challenge is what do we do about the funding about how to keep building here in san jose. >> lawmakers working on a replacement source but until then, the 150 affordable units is stalled. sally baker says she's grateful this complex was built. >> i feel comfortable coming home at night, closing the door and going sleep. i know i'm safe. i know i'm -- i'm okay. >> and many city as cross the state relied on that redevelopment money to build projects like this.

here in san jose, the city built a thousand affordable housing units each year. >> beautiful units. >> time for a first look at the forecast. mother's day weekend. >> that is right. let's hear it from spencer. >> a nice gift from mother's day. there is great weather coming our way. skies mainly sunny. going to be warmer tomorrow. now, fog is already developing at the coast. so during evening hours we'll see coastal fog beginning to make a push over the bai. there is a wide range of temperatures readings where it will be cool and mid-70s that warmed up today and holding on to warmth. we'll see lingering fog mainly sunny skies inland. low temperatures from upper 40s to about 60s into warmest spots. there is lingering fog and sunny skies inland and around the bay. warm to hot inland, toasty conditions, highs ranging from low 60s on the coast and

warmest locations to low 90s inland. i'll have more on how mother's day is shaping up in just a moment. >> and coming up, research could change your plans to sleep in this weekend. how your alarm clock could be making new game wi and a facebook executive giving up citizenship for cash money. >> michael finney is taking your questions, you can contact michael on twitter and facebook.com.

the fda is considering approving an over the counter hiv test for use in the united states. this test uses an oral swab. a trial found it correctly detected hiv 93% of the time. and fda isn't convinced this is a good idea. if approved fda estimates about 3800 cases per year would go undiagnosed. is your alarm clock making you fat? there are researchers studdeed a phenomenon where people wake up one time during the week and sleep in on weekends. finding too much variation is linked to weight gain. experts say maintaining a consistent schedule is healthier in the long run and there is a diet plan that

allows cheese, bacon and wine but only at certain times of the day. >> this is about using foods the same time of the day your body uses to process. >> it's important to take sweets. >> chocolate? >> yes. dark chocolate. it's good. >> wine? wine. yes. two glasses. >> yes. yes. >> that is sounding better and better, you can learn more tonight on 2020 at 5:00 right here on abc 7. >> chocolate wine, and sleep later, it appears one executive would rather renounce citizenship then get hit with a hefty tax bill. let's go live to emily chang. >> it's quite a dramatic

measure, one of the co-founders may be preparing for his riches as facebook gets ready to make a debut. and there is a decision to give up before the public offering no coincidence. the move likely reducing his tax bill on the facebook stake big time. remember, he's co-founder butting heads with mark zuckerberg as for trading and moving to social network he now lives in singapore. and there is about 4% at the high end of the evaluation that would be worth $3.8 billion. sarrin born in brazil there. is a twist in the scott thompson controversy telling executives he never provided a resume, but says that the

information had been compiled by a search firm. a committee is currently investigating. and speaking of controversy, jp morgan chase finding itself in the middle of a big one, revealing a loss in a unit designed to manage risk. and there is former employees saying they used a unit to make risky bets with the bank money. end of the day shares were down 9%. the news did send the broader market down as well. we saw red arrows for the dow and s and p and cisco and yahoo leading the decline, if you're an avid gossip girl fan you may have noticed characters have started to use iphones. and pro yukts seem to spring

up everywhere. gadgets were discussed in 2011 up from 613 in 2009. product tracker brand channel says it appeared in more than 40% of the movies. that is almost doubled penetration of the brands like dell, chevy, ford, products becoming more important as fewer people watch tv ads. at bloomberg studios i'm emily chang with bloomberg west. >> have a good weekend. >> looks like it's shaping up to be a terrific weekend. >> it's going to be nice and warm tomorrow. cooling down a little bit sunday but there is a lovely mother's day coming our way. there is a live view in emeryville looking at golden gate there is fog. mostly sunny skies inland and the fog is thickening and

growing at the coastline now. here is a look at our satellite loop. you can see the fog moving up throughout the afternoon hours from our south right along the coastline, continues to do so into evening hours. so results of the pattern temperatures four to eight degrees warmer than yesterday. tomorrow, it will be warmer in many locations than today, now, looking at readings, 89 in antioch and livermore. 85 fremont. 90 in los gatos, 64 in san francisco. and so fog increase as long the coast tonight. cooler and breezier on mother's day. mainly sunny skies and going to be a pleasant day. and there is an interesting alignment here, we have a mixed wind flow. dry winds coming down in the

north. fog coming in from the south. and two are intersecretarying nicely and peacefully co-existing. and at 7:00 this evening, at which point we'll see coastal fog during hours we'll see fog pushing and filling into inland areas but will burn back quickly to the coast. and it will reside there most of the day. tomorrow will see warm conditions inland. warm around the bay. and the fog will hang around. it likes it there. tonight we'll have low temperatures into low to mid-50s and then, tomorrow, under mainly sunny skies, we'll see highs up around or just above 90 degrees in warmest locations. 91 in livermore. and 70s to 80s around the bay and 60s on the coast and near monterey bay there is a similar range of highs.

70s near the bay. here is the accu-weather forecast. on mother's day, sunday, we'll see sunny skies cooler and pleasant. highs into mid-80s inland and mid-70s around the bay. and upper 50s on the coast. we'll warm up and temperatures dropping off towards the end of the week. will be a roller coaster ride over next several days. >> going to be gorgeous. yes. >> and coming up next on abc 7 news at 4:00 what victoria secret models think is sexy. >> later surveillance video showing a father rescuing his little girl from a busy intersection. also... >> i was in a days. i didn't know anybody that could imagine losing half of your family in one day. >> next at 5:00 this mother tells how she lost everything in a gang shooting, even her identity. it's a story you'll see only on abc 7 news.

from hollywood to london two big red carpet premiers plus a photo shoot. >> details in today's entertainment report from on the red carpet. >> watch out avengers another flick is about to give you a run for your money. the hike for battleship higher than ever last night in a big blue carpet premier. >> this is awesome. i'm excited about this and i'm nervous. the family is here. >> this is nice. this is our grand finale. bringing it home and to have the last premiere here to invite your friends.

>> get more battleship action in this weekend's edition of on the red carpet. rachel smith takes this show to hawaii. >> and sasha baron cohen hit the red carpet for the london premier of "the dictator hitting theaters may 16th. there are a cup youel super models chatting about their what is sexy list. as well as their own definition. >> this is my favorite time of the year. and i love you know being in a bathing suit. >> celebrities on this list include beyonce and sexiest mom and jessica chastain with sexiest smile. and still to come facebook ceo wrapping up his road show in the bay area, what he needs to

prove to potential investors ahead. >> that man suing this hospital and he says a surgeon knew about the tumor.

mark zuckerberg has been

trying to sell investors on facebook. >> today he came back to the bay area talking to those perhaps less concerned about his appearance and hoody and all of that but curious about the company. >> we're live at menlo park headquarters. >> this past week has been a series of intense meetings. the road show started in new york on monday, then traveled to boston, philadelphia and baltimore, today on home turf in a hotel across the freeway from the new head quarters in menlo park. there are suvs with mark zuckerberg pulled in about 12:15. a group of 200 guests were munching on curey -- curry chicken salad. a spokesman told us zuckerberg wore a gray tee shirt, considerate iz -- krid sized when wearing his hoody. we talked to an invited investor. >> this could be first time to

see the team and what the give and take is like and how open they're going to be with communicating about what we should expect. >> i think the was subdued and people are trying to understand what it's worth and i think people are trying to figure out what it is worth. we'll make that decision. >> there are conflicting reports whether interest is lukewarm or ho. most say if high that, could cause facebook to raise the price of the stock offering. initial shares expected to range from 28ses today $35. news could have a negative impact. facebook hate kated it needs to figure out how to make money on mobile devices. the road show continues next week in chicago then, kansas city and there will be private meetings as well.

ipo day is a week from today, friday. we'll have to be staying tuned for that. >> and you may think you have no stake on the ipo but you do. california will cash in when the company goes public. employees expected to net about $10 million. and this says california should net 1 plt $5 billion in personal income tax alone. >> this owe speaks well of california. we're the place where good ideas grow. >> the bounty grows if governor brown's plan is approve bid voters in november and it will create new top tax rates generating another $400 million.

>> a san diego county man received a cancerous kidney during a transplant goes court against the doctor. he receive aid kidney in 2008 just two weeks after the transplant a sonogram revealed a sift. a biopsy confirmed it was cancerous. the surgeon admitted he saw the sift -- cyst before the transplant but was not concerned about it being malignant. >> i was crushed. i couldn't believe it instead of doing the safe thing and making sure the kidney was safe, they just skip that had step and went ahead. >> he is also suing uc san diego medical sent yes, turns out it came from a 52-year-old diabetic with high blood pressure a long time smokier and marijuana user. he remains on dieal sis.

>> now the investigation of a popular weight loss business in southern california. the multi million dollar venture under fire after deaths of five patients. >> you doctors made more money in wet loss business than these two beverly hills brothers. they're behind the media blitz that led thousands to southern california clinics offering an out patient procedure constricting the stomach with what is called a lap band. >> i've tried everything out there. this is the easiest thing i've done. >> done right it's safe. but in last three years. five patients have died after lap band sushlgry at the brothers' clinics triggering lawsuits and investigations. >> this they make it seem so easy. >> john, who is blind says his wife, laura died after doctors laser yaited her liver but

then sent her home without revealing the mistake. >> they told me nudging. >> lawyers say she had other health issues and the laser yaited liver was not the cause of death but the doctor who operated on laura testified that one of the brothers, julian told him they made too much money to worry about the death of a cost of a lawsuit. >> and the response to me was don't worry. we make $21 million a month. $1 million is okay. >> they deny the doctor's allegations and remain in business despite the investigations and lawsuits against them. and they did not want to talk with abc news. >> we tried to get ahold of you. >> very nice of you to talk to us here. very nice of you to talk to us here. >> can we speak to you? >> this is an attorney-client

problem. >> no. we're just trying to talk to the doctor. >> and he says the doctors released comments saying there are greater risks to obese patients during surgery. >> ageorgia woman is fighting a dangerous flesh eating bacteria after falling from a skip line. she teld fel into a fifr after a homemade skip line broke. she cut her leg and it required two dozen staples to close the wound but that was not worst of it. >> this is a perfect storm. she had an injury to the leg, exposed to water that had this germ and she was one of the people who the germ just took off. >> what a nightmare. it forced doctor dwrorz amputate her leg and it's spreading quickly that she'll likely hus her hands and remaining foot. she is in critical condition and her family says she's been cohere skbrent alert. >> there is an up indicate on

developing news we brought you earlier. bart removed a train causing delays owe so things should start getting back to normal again, soon. this is stuck on the line headed towards sfo. >> still to come on abc 7 news, she's adorable, no question about that. but this little girl looks like a threat? one airline was concerned enough to pull her off of a plane. >> and michael finney still taking your questions on twitter and facebook and will answer them here live just a little bit later. >> i'm spencer christian. weather will not be alarming. continued warm conditions into mother's day. i'll have the forecast coming up in just a moment. honey...? [ mom ] yes. honey, i can't find my internet cord. oh, i'll borrow hailey's. you're downloading movies. fast! from here? where is her cord?! we switched to at&t high speed internet and got wireless access. no more cords.

wireless, okay, honestly, can i just get a cord, please? dad, the cord's invisible. [ female announcer ] call at&t today to get high speed internet for just $14.95 a month for 12 months with a 1-year price guarantee. it's the fastest internet for the price -- oooh. videos online? here? how much is that? nothin'. at&t high speed internet at home includes access here. our invisible cord is really long, dad. oooh. [ female announcer ] get access to the entire national at&t wi-fi hot spot network for no extra charge. so, call today to get high speed internet for just $14.95 a month for 12 months with a 1-year price guarantee. aren't you glad we switched to at&t? yes...but i want my own invisible cord. you already have one. oh. ♪

a commute scare in china. a little girl calls out of a car in front of a taxi. and her dad leaps from the car and pulled the 4-year-old to safety. the car was damaged when it smacked into a poll. i says she crawled into the front seat and open that had door. >> wow. >> that is remarkable. he moved quickly. >> he did. >> and there is jet blue apologizing to a couple after their daughter appeared on a

no fly list. >> they'd gone through security and ordered to return to the gate at the airport in fort lauderdale, florida. after waiting with out explanation an official told them their daughter had been flagged. >> her parents didn't want their faces shown on camera. >> this is absurd. >> makes no sense. why would an 18-month-old child be on a no-fly list? >> this situation was bizarre. >> we were humiliated. embarrassed. and picked on. >> the parents believe they were singled out because they're of middle eastern decent. >> jet blue blames it on a computer glitch. the family says they just want an apology. >> it's no secret body sprair sprais with be overwhelm bug one student took it to another level saying the kid put on so much body spray yesterday that it causes a fire larm to go

off. and the scented spray created a cloud of mist below a heat sensor, firefighters evacuated the school. the student allowed to return no questions asked. >> and we don't know if spencer may have been spraying this. >> he is aeromatic. no question about that. >> i like that. and there is a time lapse view from our camera. look at the fog. along the coast is spilling throughout the golden gate. there are sunny skies inland. tomorrow, state wide he we'll have a pattern with low clouds and fog near the coastline z very warm conditions interior parts of the state. mid 90s throughout central valley up to 101 in palm springs. 73 degrees in los angeles on the southern coast. here in the bay area, high

temperatures into south bay tomorrow under sunny skies. and there are med 8 ows into other locations there. will he to mid-60s on the coast. downtown san francisco there is 68 degrees. upper 70s and near east bay highs into mid to upper 0s. there is 91 in livermore, near monterey bay, 60s near the bay. 80s inland. mother's day looking spectacular. sunny and warm. and there are highs into 80s inland. >> thank you. >> next on abc 7 news, mark matthews will be here with a new point of emfa sis in the

president's reelection campaign. >> today, karen in mill valley wants to know if our old parking ticket can keep you from getting a new car. >> and there is a mistake on a ballot voters will use. election officials don't want to you worry about this, though.

mitt romney's campaign continues to be on the dpeensive today over reports he bulleed a class mate in high school. and bruce cane says it is clear the obama campaign is going to try to make this a recurring theme. >> in 2000, the campaigns portrayed al gore, then john kerry as out of touch and unable to connect with the middle class. this report about mitt romney's behavior in an elite prep jol skool is just the first round, mitt romney said nothing about the story that broke yesterday, reports from former high school classmates

that romney was a ring leader in an incident where a group of boys held down a class mate ask cutoff his long, dyed black hair because they thought he was gay. romney was allegedly holding saysors. yesterday he apologized. >> like other folks i've done stupid things in high school. if i offended anybody by that i apoll jidz. >> some of the classmates are coming to his defense. >> my suspicion is that they jokingly said let's go cut his hair. >> romney's campaign scoffed at the idea such reports from 17 years ago are fair game. >> i think anyone watching today would feel uncomfortable about having high school years dissected and taken apart. >> but today saying it's significant if five would remember it to this day. >> this says something about a

person's character. the fact he doesn't remember this and he's the only one? out of five or four? people need to think about it it's clear what theme they're going after. >> bruce cane says the party wants to tie a team of rising inhe dwult a character theme about mitt romney. >> and that is a person doesn't care about the average man who who is in his own world. if he comes into office if you're not part of the 1% you're not going to get much sympathy out of this man. >> we've seen opponents pounce on comments about his wife driving a couple cadillacs. if it fits into this character theme, you can expect it to see it coming to a swing state near you thank you. >> and there is elections

officials telling people not to worry with a b.a problem with tear off voting stubs, seems they were incorrectly formatted and each raised american ind party. and officials want voters to know every vote will count. time now for consumer news, michael finney is here with today's q and a. >> and there is first question from larry b. who could larry b, be? since you defriended me, i don't know. is there an easy way to stop comcast junk mail? >> easiest way possible there just look up the number and this is on the bill. tell them i don't want to receiveuuuuuuuuuuuuuuuuuuuuuuuuu c

>> there was no remorse whatever. i don't know who that person s that thing that took my family is not a person. i don't know what that is. >> anger towards edwin ramos is underable. he murdered her husband, tony and two sons. they were returning from a family picnic. danielle showed us pictures from the party. they drove down the street the fatal shots rang out from a car driven by ramos, another gangster was riding with him.