we're now inside of one hour until the deadline imposed by a judge for children's hospital, oakland to remove a 13-year-old girl from a vent later. jahi mcmath was pronounced brain dead but her family is fighting to keep her on life support. let's go live to childrens hospital oakland right now. >> it's been a waiting game here all day. but within the past minutes we did receive an update from jahi mcmath's uncle, we're

expecting the family was doing a lot to try to prevent this 5:00 p.m deadline from going into affect hospital said the 5:00 deadline is when they can remove jahi. they haven't said they necessarily would, but just moments ago maurice sealy told us about the steps the family and their attorney are taking to try to keep her on that vent later later. >> first we want to say jah sichlt moving when her mother speaks and touches her. they we have video and our attorneys just produced it to the hospital attorney. we have a pediatrician has seen jah sxichlt sworn she's not dead. the family has located a licensed facility in new york agreeing to take jahi. we've contracted with an air ambulance willing to take her from door to door. we have a doctor here in california that will be by her

side we have informed the defendants of this and provided documentation of this. despite this, they've refused to agree to allow us to proceed in that matter, our attorneys are filing a new complaint in federal court requesting a temporary restraining order and an injunction preventing pulling the plug and requested the judge extend his temporary restraining order and are hopeful this will fore stall the hospital's rush to extinguish jahi's chance at life. no further comments >> in addition we've heard a couple times today from sam singer, the hospital spokesperson. he has reiterated throughout the day what we're dealing with here in hospital words is a deceased person. he repeatedly refers to the body

and at least six doctors have determined that she is brain dead by the legal definition here in california. we'll just under an hour here where this deadline could take affect. as you heard the family, the uncle said they're proceeding on a number of fronts, most of them in courts throughout the bay area, federal, state, local. to try to get this deadline at least pushed back. we'll be here and bring it to you this evening on abc7 news at 5:00 and 6:00. >> thank you. we'll check back with you later on, no doubt. in north dakota a train carrying crude oil derailed and caused a massive fire near the town of castleton. investigators trying to figure out the oil train apparently hit a rail car on the tracks residents, 2400 people have been

told to stay indoors to protect themselves from thick smoke here the explosion occurred near the town's ethanol plant. >> daily city police searching for the thief who took an ambulance from the scene of an emergency call for a joyride the crew was inside, treating a patient. someone jumped in and drove off. officials say nudging is missing from that recovered ambulance. by the way the patient the crew had been dispatched to treat was okay and did not need to be transported at the time. >> fire season is still months off, cal fire is staffing up because of a growing risk of wildfires. >> a ban has been imposed on çñ, santa cruz mountains. david? >> it's true. there is no question lack of rainfall and

the low humidity created a fire danger normally we don't see until about may. a burn ban is in effect now for yard waste and vegetation. >> it's evident what is normally green this time of the year is brown. potential for fires prompted cal fire to issue a burn ban for etch h.much of the bay area, this is what can happen. the summit fire in santa cruz mountains from may, 2008. started by a so called escape fire, someone burning vegetation that had been cleared around a fire break. the fire spread and burned almost 4300 acres and took firefighters five days to contain it. >> sometimes they don't do enough clearance, other times we've been to fires that they've had clearance but winds have come up z pushed, pushed embers and stuff beyond their little control line around it. so

things do happen because of burnings. >> there have been 31 brush fires in the unit encompasses santa cruz counties. >> impacts water shed and people that use the water in the areas >> it will will also address air quality concerns the bay area got a reprieve on wood burning but another spare the air day has been declared for tomorrow. >> i have been burning. you know? i do everything by the law. i just don't tolerate. i burn when i want tochlt >> in santa cruz mountains david louie, abc7 news. >> tomorrow is another spare the air day iets unbelievable, the stretch we've had. you like warm weather but skies are very hazy. lisa argin is here now. >> we do have high clouds around, the question will these bring us rain? another mild day today, we talked about the spare the air day tomorrow making for a pretty

sunset. pollution will be gathering close to the who areally son, both tomorrow and no wood burning for 23 alert. since november 1st. so we'll see that throughout the afternoon, temperatures above average. a percentage of normal, season to date, you can see 1 to 2 inches of rain, we're so, so dry. san francisco, 24% of normal. livermore, 42% of normal. san jose, inch and a half of rain. the big is there rain on the horizon? temperatures now on the mild side. in the row 60s, cooler in los gatos, another pretty sunset here, we have a look at the seven-day forecast coming up. you'll notice numbers dropping throughout 60s and 50s now, but we want to talk about the big game in wisconsin on sunday for

49ers. high temperatures, yeah that, is the high temperature, 16 degrees. 1:40 pacific time and around 12 degrees throughout the afternoon and evening. >> real men don't fear cold. >> i do. >> so do i. >> and that is where 49ers are. it will be frozen tundra. niners beat the packers at sunny candle stick park. and antown bolden that was his debut. this afternoon, niners coach talking about the playoff game and dangerous aaron rogers >> our guys know what this challenge is. it's being in the playoffs a chance at the ultimate chance. guys have been in that position and understand that. the challenge. we'll be

playing next sunday and the time to play, you know, what date was, no control over that. you can control how you play. >> past 24 hours, five nfl coaches have been fired. need work on grammar there, despite back to back seasons the raiders have decided to bring allen back. now, who is going to play quarterback is anyone's guess. allen addressed that situation this afternoon. >> i'm not sure we have the quarterback of the future. in the building right now. but, think we'll go back and comb through everything. i think we have a better idea of what we have. >> a lot of fans are wondering but on owe it goes

he's going to get another chance. >> let's talk college football. >> shouldn't you be wearing your cardinal outfit? >> saving it. >> exactly. >> as you know doubt recall as an alum they both like smash mouth football and attack on defense, expectation is a low scoring game and a lot of this guy, tiller gaffney. >> they're a big, physical, strong defense and believe in playing team defense more than i have ever seen. any team we face you know? >> i'm going to be heading to pasadena tomorrow. >> look how happy you look. >> that is my happy face right there it takes me a day you can get

descriptions all have you to do is follow me on twitter. >> that will be great to have you there covering it all. >> it's going to be fun. >> something happening before the game during rose parade has some people upset. coming up next on abc # news at 4:00 the event some are not celebrating. >> high tides causing problems for some bay area residents >> have you made plans to ring in the new year? the list of the pricey, and cheap events and where you can get a hug for 2014. >> and what that is going to cost you. michael finney taking your questions here. you can contact michael on abc7 and on taking a look at traffic now looks hazy and backed up for drivers trying to make their way to the

to those who've encountered welcome to covered california.

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new item in las vegas coming up in january. >> wow. >> the dow closes at a record high today the president reveals his favorite shows. >> we're live with today's after the bell report. hi, cory. >> imagine how good we'd look on that tv. we'd be shaq-sized. how big can social media get? two thirds of users already active on social media. facebook still the king of social networks up 71% of adult users say they belong to facebook. hewlett-packard in talks with the u.s. justice department over allegations of bribery in foreign countries by hp. earning scrutiny for big contracts abroad. space x scheduled a rocket launch of the

year, planning to launch an upgraded rocket on friday carrying a satellite just weeks after delivering another commercial slight into space. dow helping index reach an all-time cheese -- closing high. a 1% drop in apple shares. president obama apparently still has time for television. one of his favorite shows "breaking bad" friends say the president is watching dvds he tries to catch up of the shows other shows topping his list include "homeland" "madmen" and sports center. back to you. whatever sized set you may be seen on. >> hopefully a small one, cory. thank you. >> first's first dogs had to

jump through hoops to hang in honolulu. hawaii is rain ease free that, means all dogs you must go through quarantine procedures. a military veterinarian inspected the dogs and paper work upon arrival instead of a civilian vet. dogs are all clear >> for years, many years ago it took months to get pets cleared for quarantine. and you're talking about 3 to 6 months for cats and dogs. >> you want to be careful. >> that is a big scare. the time frame narrowed since then. >> if you're the first dog, you sail through. >> it's that time of the year when those unusually high tides called king tides are back. >> yes. they're highest in morning. if you're at brandon

street wharf you can see the shift. watching the changes in these vertical >> michael bank has to wade through a lot of water to get to his house boat. >> what can you do? it's water. so you just wear high boots. >> it quickly filled this lot with water forcing to us move our van. 15 minutes later the same rot was underwater. we searched higher ground. >> electronics can get ruined. flooring can get ruined so it will be expensive. >> coastal commission says king

tides are a winter phenomenon, when the pull of the sun and moon under alignment. residents are checking their phones for schedules and know king tides stick around for final days of 2013. >> we park our vehicles on the other side here. and warn that high tides are coming. and kind of take care of each other here. it's no big deal. that is swlau to pay for living in utopia. >> monday's crested at six feet, nine ifrjz. new year's eve, it could rise to seven feet. in sausalito, abc7 news. >> one of the few places where we're dealing with excess amount of water. >> right. right. >> every place else is pretty much bone dry. >> now, nothing showing on live doppler seven hd. >> thinking about doing a rain dance, maybe later.

>> we'll post it on the web. >> that is a thought. we'll do anything at this point. doppler 7, temperatures above average out there you can see clouds around and setting sun at 5:00 this evening. so partly cloudy skies, chilly tonight but due to clover won't be as nippy in the morning. spare the air tomorrow, so getting set for hazy conditions and yes, no rain is in sight. looking towards first weekend of the new year. it's looking bone dry. double barrel high pressure now. this sunny day and high clouds, then, we'll look for more sunshine so temperatures again into low to

mid-60s around the bay. so we'll take you through hour by hour. going through afternoon, you'll notice clouds thinning out throughout the last day of the year. if you do have plans new year's eve it will be dry. don't have to worry about the rain. tomorrow morning chilly numbers, santa rosa 32 there. san francisco, about 46. 42 oech land. so cool but starting tomorrow looking for clouds in the south bay. redwood city with sun. san francisco, low 60s. perhaps a little bit of fog but by afternoon, once gerng out into 50s for 60s in daily city.

north bay numbers mid 60s in santa rosa and inland, low with brentwood at 62. so here is the accu-weather forecast tomorrow, new year's eve, dry night. first day nice, sunny. looking for temperatures to come up a little bit thursday, friday the weekend may be shaving a few degrees off. some models hinting at january 10th. >> so far way. you can't go that far. it's just getting old and worry some. >> yes. >> thank you, lisa. >> up next what beyonce used in a song that has people calling her insensitive. now, the pop diva is responding.

>> the country where sharks are

to those who've encountered welcome to covered california. new, affordable health plans so you can be ready for whatever comes your way. enroll today at coveredca.com.

beyonce is responding after using audio from the challenger tragedy, started when w.a short clip from when the shuttle crew up. family members argue using that clip in a pop song mocks the sacrifice and opens fresh wounds for them. beyonce said, quote, my heart goes out to the families lost in the challenger disaster and said the song was recorded with the intention to help heal those who have lost loved ones. >> first lady michelle obama took to twitter to show her support for robin roberts who came out on a face book page over the weekend. mrs. obama sent out this tweet, i am so happy for you and amber. you continue to make us proud. roberts battled a rare disease and thanked her long time girlfriend amber in her post. it

marks the first time they acknowledged their ten year relationship. >> coming up, an update on breaking news that is a ruling a judge issued moments ago concerning jahi mcmath's life support. >> m rusha, two deadly terrorist attacks in two days. what does it mean for winter olympics? >> new plan to rescue passengers and crew of that ship stuck in ice. plus. >> do you have plans for new year's eve? if you don't i've got last

to thoseworried...ited... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com. check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left.

[ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. and that wreak breaking news is this. a judge extended a temporary restraining order for 13-year-old jahi mcmath on life support. doctors now cannot take her off a vent later until january 7th at 5:00 p.m . doctors claim she's brain dead and will never recover following a tonsillectomy that went bad three weeks ago. her family insists there could be a miracle. they announced they have found a critical care facility in new york that will accept jahi. laura anthony will

rejoin us at 5:00 >> in the aftermath of two deadly bombings in rush yat white house says it would welcome the chance to play a greater role in security preparations for the winter olympics. vladimir putin promised the safest games in history. >> two days, two suicide bombings. yesterday, an attack in a train station. today a bus bombing there. more than 30 people, dead. with the winter olympics approaching, there are now increasing concerns about security. >> threats have been made against olympic games, our diplomatic security has been working with russians for many months. >> olympics will take place about 400 miles from today's incidents. five months ago the leader of an islamic nationalist

group stroud disrupt games. >> if games aren't attacked there will be attempts to attack routes into the games or convenient use into outlying areas. >> vents will be spread out and there will be a massive security presence. experts say soft targets present opportunities. >> small numbers of people can cause a lot of damage. >> the international olympic committee president call add tacks despicable but says he is certain everything will be done to ensure safety of all athletes and participants. >> a maryland family of a 72-year-old american believed to be held captive is speaking out on abc news the interview after a video showing a tireed and pale warren winestein calling on the president to negotiate for his freedom. he was abducted in 2011 sxez he feels forgotten. his

wife and two daughters say that could not be further from the truth. >> he has in idea how hard we have tried to get him back. but there is nothing to do to get him back. >> his grandchildren miss him. >> yes. ask their mother. i know he's coming home. i try to tell them. that but it's hard for them to be able to understand why this happened to him. >> winestein was working in pakistan on community projects when gunman stormed his apartment and took him captive. officials repeatedly said washington will not bargain with terrorists. >> an international rescue effort underway to evacuate a ship stuck in the ice near ant arctica. saying two ice breakers tried to free the vessel had you bu had to turn back. the a third ship turned back because of bad

weather. everyone is safe, and healthy and there is enough food to last another ten days >> britain's prince william may be the most famous college student to set foot on campus, ever, going back to school in january taking part in a ten week program in agricultural management at university of camebridge. he left his military duties after seven and a half years now considering a number of options in public service. >> how do you plan to spend new year's eve? we know larry will be, at the rose bowl >> yes. >> but there are options around the bay area. >> yes. we are live now with carolyn tiller along the water front. >> reporter: about 200,000 people are expected to gather and it is not the only show in town. the fire works along embarcadero are always an extraf

ganza. trip advisor says this is one of the greatest new year's eve events in the nation. for 28 years, asian heart art museum hosted japanese bell ringing. people take turn ringing the 16th senry bronze bell. >> bringing people together to honor ourselves as in this struggle of life together. >> plenty of time left to head over for a a.dult beverages at tommy's joivenlt family owned since 1947. suzy katsman says it's an excellent place to ring in the new year. >> you can get a great beer for $2.75, a martini for $four.

>> at other end of the spectrum, the fairmont. the chef is busy prepping for guests paying up to $429 per person for salmon, lobster, caviar and truffles. >> fairmont has been in the city so many years if you want to celebrate in style is there no better place to do it. >> muni buss and trains are free. if your sad or lonely consider getting a free hug the founder of the hug he brings hugs to golden gate bridge at 11:30 tomorrow night. >> if you haven't made plans we have a list of new year's eve fire works and events around the bay area for you on our web

site. >> i'm going to be in southern california so i'm going to miss the hug guy.. >> i know you'd be there. >> yes. yes. no. let's move on. >> yes. >> supreme court justice somom wrchlt or will ring in the new year in new york city. >> she will push the button to start the times square ball drop the ball was tested to make sure it is ready to go for the big celebration. the nearly 12,000 pound ball will be lit and sent up and then, dropped. have you ever done that? >> never have. >> i'd rather just watch it on tv. >> it's freezing cold. >> ring in 2014 on dick clark's new year's rocking eve from times square. you make a lot of new friends.

>> i'm sure you can get a lot of hugs >> still ahead at 4:00 what is on al qaeda's grocery list? >> this may be the coolest baby yet. his ride is a big hit online. >> i'm still taking your questions on twitter and facebook. and... on twitter at m finny. i'll answer questions here live in just a little by. >> and despite this picture, high clouds but can we bring new weather to this old picture for the new year, perhaps? i'll be back with answers. >> taking a look at traffic at 4:38. interstate eight is slow going in both

>> this is a viral video of the day. mom and dad put their 7-month-old on this vacuuming robot thing. off he goes. that is the 2005 hit "riding dirty".

quite appropriate. junior has no idea what is going on but you're it, kid. >> do not try this at home. >> you can fall and bang your head. >> then, you saw michael finney. >> we'll be getting to him in just a moment. >> first an unusual twist to a night visit at the museum. >> yes. the natural history museum opening doors for an adult sleep over.. >> i love that. >> lots of hugs there, too. if you hug a dinosaur. 120 people paid almost 300ss today sleep among dinosaurs. >> guests treated to a dinner, comedy and a horror movie marathon as well as insect tasting session >> yum. >> the general public came up with this idea. >> entrance is usually free but

these events help fund research projects. there will be another opportunity in january.. >> i don't understand why you find that appealing. >> i think that is cool. >> i was down at at and t park. insect tasting? i don't know. >> leasea, would you go for that? >> not so much. >> yes. >> carolyn can tell us how it s we're looking at high clouds around the bay making for a pretty sunset. but want to get you up to date on a snow pack state wide just 20% of normal. last year, boy, do you remember we got rain in december? 143% a year ago, northern sierra just 11%. and southland, only 32%. nationwide for new year's eve chilly in maine, vermont and new hampshire. elsewhere, moving off and high temperatures very

cold. 70s in southern california. so locally a chilly start. high clouds and by afternoon, low 60s towards concord, mid 60s in livermore. 66 in santa cruz. so he can evening going to be dry. >> thank you, lisa. >> still ahead why great white sharks are now tweeting from down under. >> also a moment takes place in this year's rose parade and some people aren't happy about it. >> we're gift card soon, californians from sacramento to salinas to san diego will have equal access to quality health insurance. those who need financial assistance will get it. and nobody will be denied

because of a pre-existing condition. welcome to a new state of health. welcome to covered california. we are your health insurance marketplace. enroll today at coveredca.com.

can help your kids' school get extra stuff. they're the only cereals with box tops for education. you can raise money for your kids' school. look for this logo. only on big g cereals. you can make a difference. every cereal box counts. [ female announcer ] hey, ladies. you love it. you've gotta have it. 'cause that cinnamon and sugar is so irresistible. cinnamon toast crunch. crave those crazy squares.® new documents revealed terrorists document the most minute of expenses experts say the group run just like a business with a fighter subordinate expense reports and

receipts. more than 100, many hand written on scraps of paper discovered by associated press. here are the items. 20 barrels of beesel fuel, pack of mack roen year, $eight, bar of soap, 1.80s sxdz cake, $0.60. >> great white sharks in australia going to be tweeting locations in an attempt to prevent shark attacks they've seen six deaths in two years in wefltern australia. state officials have decided to kill sharks coming within half a mile of the beach. but scientists are telling people beaches they should avoid in realtime. so far they've linked about 320 sharks to locations. >> that is frightening. >> yes. >> a first for 125th rose parade. >> this year a same-sex couple

will be married on a float in that parade. not everyone is happy about this wedding. >> save california.com supporting the ban on same-sex marriage is calling on a boycott for what it calls a pro -- promotion for homosexual marriage to children. >> we're grateful that we can be part of this conversation and really educate people. >> and you can watch the rose parade on new year's day with coverage 8:00 a.m wednesday morning. >> now, michael finney is here now to answer questions first one from daisy le mailed i used a target gift card during three weeks that credit and debit cards were compromised. have gift cards been compromised? >> no. that is one thing that

wasn't. gift cards go through a different system. so keep using it the way you normally would. >> delaney writes to get a writoff do i need to make a contribution before december 31st? >> great question. we're going to talk about this more at 5:00 but the, if your work based retirement programs in nonprofit corporations has been before end of the year. ira accounts you can do it until deadline or until you file, whichever comes first have you time to put knit. >> oh, good. >> this from facebook. i don't expect delivery services to way. just let me know they're dropping off a package and it's there. which do that?

>> oh, my. most companies have a service you can sign up for alerting you when they drop off a package. ups has ups my choishgs once you sign up for this they will eñr mail you or text you every time a package has been delivered . fed-ex you have to call when r., you have to ask the sender to request a delivery confirmation and retell them to put that on that confirmation. i'm so glad i can clear this up. >> that is free, right? >> yes. none cost anything. they're free. >> up next, city college launched an expensive campaign

to save its image. >> i'm cheryl jennings. coming up a family getting more time in a fight to keep young jahi mcmath on life support. also, some may consider women the weaker sex, science says otherwise. whe

tomato florentine soup, it took a little time to get it just right. [ ding ] at first, it wasn't the perfect amount of tomatoes.

not ready. [ male announcer ] later, it wouldn't be the perfect amount of spinach. not ready. [ male announcer ] then the sausage and pasta. ♪ not ready. [ male announcer ] but finally it happened. perfection. yes! [ male announcer ] at progresso, we've got a passion for quality. because you've got a passion for taste. at 8:00 it's happy new year, charlie brown, then, rudolph's shiny new year, use watch abc to watch the shows live on the go. just visit watch abc.com for details or down load the free app. >> there is yet another court hearing over fight to keep city college open. despite the budget

the college is spending $250 a year on a marketing campaign to counter negative news surrounding the college. >> it's one of the bill boards to promote the embattled city college the marketing campaign includes tv ask radio ads. some question whether it makes sense to spend now when the college is trying to put finances in order the vice chancellor says it's a small investment to boost enrollment. >> we need to get out this message. the college is open. >> accreditation commission has given until july to meet requirements or lose accreditation. today in court that same commission asked a judge to abstain from ruling on

this matter but the city attorney wants the college open >> to give them comfort knowing nudging is going to happen until the court considered merits of the case. >> this teacher says enrollment is down because of the perception the college will not prevail. >> next year, funding will be based on enrollment this year. and our enrollment is plummeting. some think we're not even in business now. >> in san francisco, abc7 news >> thanks for joining us at 4:00 >> thank you. when every moment

matters a family gets more time. breaking news on the decision to keep young jahi mcmath on life support past today's deadline. >> nearly everyone is enjoying weather, it's having an impact on >> can the new year shake up the weather pattern? coming up. >> and that is about the 13-year-old girl on life support in oakland. >> we have several reporters covering all angles of the fight to keep jahi mcmath on life support. >> now, our coverage begins with abc7 news in oakland. >> this family has gotten

another reprieve. the family has been through so much a judge ordered jahi mcmath be kept on a vent later until january 7th. that is a one week stay. they hope for a miracle this, is the order from the judge came down just minutes ago. today we heard from family members that jahi was moving and even responding to words from her mother. her uncle texted us this photo showing him holding her hand. she has been on a vent later since december 12th. the independent doctor has declared her deceased. the family has been successful in keeping her

breathing maintained by that vent later. >> she's moving and i'm excited >> does she respond to voice? >> yes. i touched her foot, she put it back. >> yes. people on vent laters can show signs of moving but not a sign of life. that is a sign that a muscle reflex occurred. >> that is sam singer, the hospital spokesperson. he gave another update, a reaction, if you will to this order to keep jahi mcmath on the vent later another week. saying at this point that the hospital really has no reaction. they weren't surprised when the judge ordered this extension. but their position has not