>> good afternoon, everyone, i'm layer combreel >> officials believe in san bruno something fishy has been going on there. >> so now, the city is suing the public utilities commission trying to get documents they believe regulators are trying to hide from the public >> vic lee is live with more on this story >> in is the lawsuit. officials say documents may show improper peddling by cpuc in oversight of pg&e. they say they requested documents four times, beginning in may, but that the response by the agency was that their staffers were too busy and they'd respond when they had free time. thus, this lawsuit.

pipeline explosion and fire ripped through the san bruno neighborhood, destroying 38 homes, damaging many more. eight people were killed. more than 60, injured. three and a half years later, san bruno city officials say they're still trying to get important and possibly damaging documents from california public utilities commission. >> we believe records may provide evidence of improper contact and cozy relationship was pacific gas and electric company. that threatened intig fwrity of the proceedings against pg&e. >> what the city wants are the e mails that the executive director may have sent to judges. >> he appears to have orders judges to rule in favor of pg&e and against the public >> city believes e mails will show he asked a judge to consider counting billions which

pg&e claims to have spent in improvements towards the ultimate fine and wants e mails and other communications that commission president may have had with wall street analysts regarding market reaction to any large fines against pg&e >> commissioners are not aloud to have contact with wall street analysts because they're considered interested persons. >> cpuc responded saying we've replied to several extensive records requests by the city and will continue to utilize our resources to evaluate and complete our responses. vic lee, abc7 news. a napa mother and her boyfriend have been charged in the death of her 3-year-old daughter, prosecutors filed two kounlts of murd scombrer assault on a child against the two. police found little kayleigh

slusher dead. police believe the body had been stored in a suitcase and stored in a freezer three days they face 25 years to life in prison. abc7 news covered today's court hearing and will join us live at 5:00 with the rest of the developments in this case. >> santa clara county supervisors hit the fire department with a fine today, withholding funds because of the slow response time to medical emergencies. fire crews can get the money back if paramedic arrive at 90% of the emergencies within eight minutes of being called response time slipped to 80% during the year the county says the contract requires a 90% success rate. >> another pedestrian hit and killed in san francisco today. just as the city transportation

agency was holding a meeting about pedestrian safety. carolyn tyler is more on the story tonight. carolyn? >> we're just getting into the new year, and according to walk sf, an advocacy group, what happened here is the second pedestrian fatality of the year. sky 7 hd above the skeeven the collision that happened just before 11:00 this morning. the victim was crossing sunset boulevard year yorba street, according to police landed on the windshield of a red toyota. they were injured but not seriously the death came just hours before the municipal transportation agency unanimously approved what is known as vision 0, a strategy designed to reduce the pedestrian fatalities to 0 by the year 2024. >> do you think vision 0 is

realistic? >> you know, i think it's the right goal to have we shouldn't accept in a great city like ours on one hand voted to be one of the most walkable cities in the count trich we should haven't people buy dyeing. >> last year, 21 pedestrians lost their lives a 6-year-old was hit on the last day of 2013 in the crosswalk of the tender loin street. >> so feea's death was touching and it was a, you know, um... a point where community came together and said, we need to do something about this. >> 6% of our street network is responsible for 60% of the pedestrian injuries. and sunset collision today at sunset is another example of that. >> her group walk san francisco is asking for one project each month for the next two years at the most-dangerous interseks.

including reduced speed limits, signal retiming, turn restrictions, curb extensions and enhanced street lights. the mta says if approved in the vehicle license fee, and bond measure, large-scale projects could be done. in san francisco, abc7 news. >> emeryville police arrested this man, gabriel weathersby accusing him of trying to kidnap a 7-year-old girl last night they say mother and daughter were leaving a store when weathersby walked up to the girl, picked her up and started to carry her away. the mother screamed and a security guard followed the man until police arrived to take him into custody. >> fire damaged at least one home in san francisco presidio heights neighborhood just before 1:30 just south of the presidio on walnut street. sky 7 shows

firefighters on the roof there. the side of the building damaged ask it appears the fire spread next door. no injuries were reported. >> pal yes alto police asking for help catching a purse snatcher on a bike and released this sketch today. police say' tacked twice wednesday night, both witnesses say he rode off on a dark-colored bicycle, so far no one has been injured >> today san francisco lawmakers introduced legislation to impose a $0.02 per ounce tax on soda and sports drinks. a tax that could generate nearly $30 million per year to fund nutrition program was healthy food services if the measure passes the board then will go on to voters in november >> u.s. senate just passed a $100 combrinl farm bill. california stands to benefit over the next five years. the bill includes money to improve air quality and also modernizing

aircraft to help fight forest fires the bill now heads to the white house. the house already passed this bill last week. >> california farmers learn today that an additional $20 million in aid will be coming their way. the money helping farmers and ranchers conserve water including money for improving irrigation and finding better ways to provide water for livestock. farmers can use the money to learn how to prevent soil erosion. and priority will go to farmers whose allocations have been cut by 85%. >> and it does appear there is more rain in the forecast. >> that is the good news. here is spencer christian with the accu-weather forecast. >> here is live doppler 7 hd. we've had grayer skies and brighter skies and now, they're getting grayer, again. rainfall gets closer to us. here is a live view from our roof top camera. it's a pleasant afternoon. 50 degrees now in san

francisco. 54 oakland, mid-50s redwood city. and flat 50 degrees in half moon bay. sheer -- here snoerj view of the clouds. mid-50s not much of a range here. one more live view from our high-definition emeryville camera looking west across the bay giving you a look at the forecast, partly cloudy late this evening. chilly with temperatures from 40s to 50s overnight. and we'll have a mix of sun, clouds in the morning and showers will be approaching north bay. by afternoon, showers moving from north bay and beginning to sweep south ward so first arrival of showers occurring tomorrow and in just a moment we'll take a look at what will follow because there is more rain on the way. >> spencer, thank you. >> a group of bay train passengers enjoying winter scenery now. first reno snow train departed this morning. and

the train's theme is motown. there are onboard entertainers and this two day trip returns on thursday. >> still ahead at 4:00 education push. why the president toured a school today with an ipad. >> and we're doing a throw back tuesday on facebook's 10th birth day. a look at mark zuckerberg before he became famous. >> the silicon valley economy is sizzling with jobs being createed and more people coming n but there is a still a struggle for the middle class we'll have the story still to come. >> at 4:ten a check of traffic this afternoon. live look at the san mateo bridge. traffic is gloomy out there. a winter feel to it. back

this is the scene today, police with guns for housing project for a man who stole a car and tried to run over a police officer. it began with a chase in the bay view district. officer as approached police say the man dove at them. one officer started shooting at that point the man abandoned the car and police searched the car and they did not find him. >> police are looking at a fleed last night's double shooting that left a man and woman

injured that happened late last night on heatherwood drive. >> they're not another pop, pop, pop. so i >> keith moore didn't know what to do. he heard gunfire around 10:40 last night. he wanted to go outside but worried the shooter might not be finished. >> i didn't know what to think. and if he was frightening or something like that. >> outside, he discovered a 19-year-old woman in his flower bed who had been shot in the back. a 22-year-old man shot in the arm. >> he shot my wife's car.

>> the gunman got away. >> the shooter described as male driving a red to maroon type vehicle. >> police believe these people had possibly just come from a scene of an armed robbery. >> we believe based on information received that our victims were involved in an incident earlier. a pizza delivery person robbed in antioch and we're looking to see if they. james moore told us he didn't recognize victims and says all the woman told him is take me to the hospital. >> i'm okay. you know? i'm okay. but just upset my wife. >> the victims are okay. police won't say why they're looking into a possible connection with the pizza robbery and shootings they want to protect the investigation. they say they

have a lot of good information and good leads. >> major changes at microsoft. say they announced the third ceo, serving in some of the microsoft fastest growing businesses including office and server and tools business. he replaces steve balmer, who is retiring. founder bill gates is leaving his chairman role serving as a technology advisor. >> president obama visited a maryland middle school today the president said he had $750 million in commitments from u.s. companies to start wiring up classrooms including a $100 million pledge from apple to provide ipads and other tools the president tried to make his point by borrowing an ipad. he

did not press record. >> oh. >> i haven't been recording this whole thing? i thought you had it on record, kevin. >> the president connected initiative is to get high speed internet to 99% of students within five years >> check out this video today that shows children birthday parties and celebration of facebook's 10th anniversary. hard to believe >> a time line to ill trait, he launched february 4, 2004, from his harvard dorm room this, is what it looked like back then this, is what he looked like. in the beginning it was called the facebook. >> you had to have a.edue mail. but by 2006 registration expanded to everyone. >> then, the mobile app in 2008,

then, 2009 the symbol was launched, thumbs up. >> like button. >> 2012 facebook went public, you'll recall a somewhat controversial ipo. >> and the price has gone up since then, today, facebook making money for shareholder was mobile ads. mark zuckerberg says founders are focused on connecting the world and hopes if you have a brilliant ceo. >> it does. >> we found video from 2005. back then, facebook looked like a frat house with kegs of beer. here is zuckerberg talking about his vision back then. >> i think facebook is an online directory for colleges and it's kind of a directive. i just want to see everyone focus on college and a cool college directory product that is very relevant for students.

>> it's grown to more than that. facebook has one and a quarter billion users and worth more than $150 billion. >> i don't think we should be showing. that >> how to guzzle beer >> he's trying to create a college directory. everybody is on facebook, including spencer christian here now with the accu-weather forecast. >> just left facebook long enough to take a look at what is going on with our weather. here is a live look of the clouds looking eastward and south forecasting partly to mostly cloudy skies overnight. showers developing and continuing into thursday, more rain this weekend and certainly much needed.

showers arrive tomorrow, clouds ahead of this rain-producing system. and by mid day first batch of showers in the north bay. you can see showers becoming more wide spread and reaching south ward on to peninsula. into san francisco and by 7:00 showers will be quite wide spread. shower activity continuing overnight into thursday morning and we'll have areas of showers at the beginning of thursday morn's rush hour. so wet overnight period. showers continuing during the day and taper off thursday evening. what kind of rainfall totals will we be looking at by 7:00? about 4 to 8-tenths of an inch in the north bay. 3 to 6 inches in the east bay. quarter inch in south bay. so this is a nice wet

weather cloudy skies and peninsula, mid to upper 50s as well. about 57 in palo alto. low 50s on the coast. and 54 downtown in the north bay. and high temperatures about 50s on the coast. 56 union city. inland east bay, highs mid to upper 50s. here is the accu-weather forecast. so showers arriving tomorrow, north bay first, sweeping south ward continuing overnight. and we'll have scattered showers during

the day thursday. friday mainly a dry day. looks like a big drencher but there is a steady flow of rainfall. >> that is good it didn't devastate us in another ways >> it's good to get knit little doses >> thank you. >> up next a stranger gives three waitresses the tip of a lifetime. >> then, at 4:30 a father's secret weapon for a perfect pony tail. it's not that brush. >> that is dreary

jammed up in both directions on th don't. i want you to be kind.ff i want you to be smart. super smart. i want one thing in a doctor.tk to speak my language. i don't want you to look at the chart before you say hi...david. quiero que me hagas sentir segura. i want you to be aweso that's the doctor i want. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive.

that millions of red california is that millions of people will qualify for financial assistance. it's important to remember that the lower your annual income, the greater financial assistance you will receive. enroll today at coveredca.com.

>> in chick a curious coyote goes to check it out. across that there is a helicopter helping shoo it back. he looked fine. just hanging around. >> people in china have been glued to the internet to watch adorable live antics of a group of giant panda cubs you can see they're tumbling around. and taking part in play

fights inside what is a giant panda kindergarten the active stage is usually between ages of 1 and 3. that is when they spend a third of the time moving around. female pandas more aggressive than male counter parts. >> that is often the scene in the sports department. >> including sleeping. >> yes. >> and tumbling over. yes. >> workers in a tiny town in illinois are buzzing over a big tip. >> young women working saturday. in a boon county family restaurant in caledonia. a customer heard them talking about efforts to make ends meet she decided to hand each a check for $5,000. >> i have a little boy at home. i work two jobs maybe do more things with him z get ahead of

myself. i hope one day i have the amount to do the same thing for someone else. >> the restaurant is keeping the name of the tipper a secret. population of caledonia is just 199. >> great story. >> still to come a report about the affordable health care act that has republicans licking their chops >> new campaign to get teenagers to stop smoking but this is all about vanity. >> and a new twist in the ♪ ♪ turn around ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing really good around ♪ ♪ turn around ♪ every now and then i get a little bit tired ♪ ♪ of living off the taste of the air ♪ ♪ turn around, barry ♪ finally, i have a manly chocolatey snack ♪ ♪ and fiber so my wife won't give me any more flack ♪ ♪ i finally found the right snack ♪

♪

the rebounding economy is raising incomes but not for everyone. >> those are the key findings of the silicon valley index. >> good news and the bad. david? >> bad news is that people under $99,000 a year are facing stag nation them can't afford to keep up with rising costs of housing and food. >> economy is sizzling. anyway you slice it. >> numbers are good. compiled by joint venture silicon valley and

silicon valley community foundation. valley added 46,000 jobs in the past year. and is $23,000 higher than the state. there are signs middle class is shrink asking failing to rise to the come back. marianne considers herself middle class oochl we have three children and i'm a stay at home mom. my husband works full time. so i believe it's by god's grace we're able to make ends meet. >> would you say it's a struggle? >> i would say it's getting harder. >> close to half of silicon valley households earn over $100,000 but one third of the households making between 35,000 and $99,000 is down 2%. that is challenging the notion rising economy benefits everyone. >> so no longer say if we keep

this going they're going get benefits. it's it hasn't happened. >> middle class family says they just have to find ways to stretch their budgets >> shopping at walmart, doing everything in >> also, traffic conscombregs not enough new housing to absorb people moving in last year to work. in san jose, abc7 news. >> a new report by nonpartisan congressional budget office is drawing mixed conclusions about the affordable care act ask says 2 million people will leave jobs or reduce hours to stay eligible for medicaid. estimates figured 800,000 people would do so. republicans pounced on the

projections >> this number is a lot worse than anyone thought. just like insurance costs and access to coverage are turning out to be worse than anyone anticipated >> white house saying any job reductions would be due to voluntary steps by workers. and authors say the law is boosting the economy >> cbo says in important ways affordable care act today right now is helping labor markets and businesses. and jobs >> also says w woe that's plagued government web sites have been cleared up and expected to pick up and top $20 million in 2016. >> fda wants to stop young people from smoking and hoping new ads targeting teen vanity

will do the dragged outside by a bully. >> we tried to develop messages that would mean something to kids >> the fda commissioner found what matters most is how they look. why this new $115 comblinl ad campaign highlights physical side affects of smoking cigarettes like gum disease and wrinkled skin. >> what does a pack of smokes cost? smooth skin. >> 90% after dult smokers started using cigarettes by the time they turned 18. and the agency says they're trying to reach young smokers before they

pucker up. >> the thought is that you put this where kids are watching immediate yashg they're never going to want to try cigarettes. >> who is paying for this? tobacco companies are footing the bill for fees charged by fda. world health organization is sounding a warning about cancer saying number of cases surge years. the projected increase is being blamed on a surge in aging populations world wide. on the positive side sh officials say half of the cancers are preventible and could be avoided if current knowledge were acted upon >> one of the toys hollow cast victim ann frank played with will be on display shechl gave

these marbles into a friend when forced into hiding. ann frank house will have them on display in a new exhibit opening frank also gave away a toy tea set and a family cat. her father published her family direry. she died in a concentration camp at age 15 in 1945. >> still ahead a kool aid drink sparking a protest. >> one father's unique technique in getting the perfect pony tail for his daughter. >> from our camera look towards tower, clouds thickening and rain is on the way. the accu-weather forecast is coming up. >> and this is interstate 80.

it's gridlocked there right now. very slow going. stay with us. very slow going. stay with us. abc7 news at 4:00 worst morning ever. [ angelic music plays ] ♪ toaster strudel! best morning ever! [ hans ] warm, flaky, gooey. toaster strudel! [ female announcer ] try new pillsbury heat-n-go mini pancakes. ♪ [ male announcer ] don't wait for awesome... totino's pizza rolls gets you there in just 60 seconds. ♪ don't.no's pizza rolls gets you there in just 60 seconds. i want you to be kind.ff i want you to be smart. super smart. i want one thing in a doctor.tk to speak my language. i don't want you to look at the chart before you say hi...david. quiero que me hagas sentir segura. i want you to be aweso that's the doctor i want. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org

and thrive.

one of the best things about is that millions of people will qualify for financial assistance. for example, if you're a single person making less than $46,000 a year, or a family of four, earning up to $94,200, you may be eligible for premium assistance. the lower your annual income, the greater financial assistance you will receive. get answers, and get covered. find out if you're eligible and enroll today. call 800-752-6603. we're using bay area instagram page to commemorate rosa parks. >> one dad found a unique way to make the perfect pony tail for his daughter. you're going have to advice. >> very to check this out.

>> that is cool. using a vacuum cleaner nozzle to avoid a mess. i don't know. you can see he's sucking it into the nozzle there >> then, he's rolling the scrunchy into the end of it. >> i think it's ingenious i don't think my daughters will let me try. that they don't trust me that much. >> other is to brush it that way. >> i got it. i'm so intrigued by that. >> you know they've had many snow days this year in kentucky one principal decided to be

creative to phone parents. >> yes. >> >> that is the principal on the left alongside the drama teacher who wrote this clever did itty. >> he hit a high vote. >> spencer take it away.

>> let me compose myself there. this is great. clouds are thickening now. first a look at national weather picture, snowing into new england. and cold interior west. looking for highs tomorrow of eight. cold but things are going normal in palm springs. showers on to the north coast tomorrow. showers arriving in the north bay first tomorrow and high temperatures mid-50s foremost of the bay area. here is the accu-weather forecast, oops,

we're go to go to sandhya. we'll have a next batch of rainfall after tomorrow. coming in over the weekend sox we're getting into a pattern now. of more frequent rainfall. that is a good thing. >> coming up progress a teenager is making after falling in a sky-diving accident. >> finding an answer. learning >> finding an answer. learning more about hack tack against [ male announcer ] this is jim. a man who doesn't stand still. but jim has afib, atrial fibrillation, an irregular heartbeat not caused by a heart valve problem. that puts jim at a greater risk of stroke. for years, jim's medicine tied him to a monthly trip to the clinic to get his blood tested. but now, with once-a-day xarelto jim's on the move. jim's doctor recommended xarelto. like warfarin, xarelto is proven effective to reduce afib-related stroke risk. but xarelto is the first

and only once-a-day prescription blood thinner for patients with afib not caused by a heart valve problem that doesn't require routine blood monitoring. so jim's not tied to that monitoring routine. [ gps ] proceed to the designated route. not today. [ male announcer ] for patients currently well managed on warfarin there is limited information on how xarelto and warfarin compare in reducing the risk of stroke. xarelto is just one pill a day taken with the evening meal. plus, with no known dietary restrictions, jim can eat the healthy foods he likes. do not stop taking xarelto, rivaroxaban, without talking to the doctor who prescribes it as this may increase the risk of having a stroke. get help right away if you develop any symptoms like bleeding, unusual bruising, or tingling. you may have a higher risk of bleeding if you take xarelto with aspirin products, nsaids, or blood thinners. talk to your doctor before taking xarelto if you have abnormal bleeding. xarelto can cause bleeding, which can be serious and rarely may lead to death. you are likely to bruise more easily on xarelto and it may take longer for bleeding to stop.

tell your doctors you are taking xarelto before any planned medical or dental procedures. before starting xarelto, tell your doctor about any conditions such as kidney, liver, or bleeding problems. xarelto is not for patients with artificial heart valves. jim changed his routine. ask your doctor about xarelto. once-a-day xarelto means no regular blood monitoring -- no known dietary restrictions. for more information and savings options, call 1-888-xarelto or visit goxarelto.com.

banks and stores are braming each other in the target data breech. >> yes. by now we've heard about or were affected by the credit card security breech that target last year but who is to blame? target chief financial officer in the hot seat starting with an apology for the data breech.

>> we know this breech has taken their confidence in target. we're determined to earn it back. >> sitting beside him, the chief information officer for neiman marcus. the accounts had been compromised in a cyber attack. their personal information. >> the senator says this hearing is less about finger pointing and more finding a solution. one ochgs is a move to more secure cards. with microchips overseas. >> half of the fraud occurs in the united states but only a quarter of the credit card charges. >> everyone agrees it boils down to better security. which industry is responsible for protecting consumers?

is it up to bank that provide cards? or retailers that process them? target's sfo kez sez >> none of us can go it alone. a credit union already sued target because of the breech. notice there is no ceo or president there.? in this cfo and a spokesperson. interesting. >> why won't they? they don't want to be grilled. >> i would have preferred they were there. i would have liked to hear from the top. >> they've used it in europe a long time, europe had more problems than we had back in the day. now, you can see they've got almost no problem. >> thank you >> the owner of a bar in spokane is dismissing public outrage.

club called dabbingry -- they're urging people to boycott the bar. one protestor created a facebook page demanding a name change. >> i don't want to shut these guys down. i just want to point out they're handling a is hes tiff subject badly. >> the bar owner used facebook that he's not going to change the name he posted date grape is selling out. >> a new medical device could be the difference between scomplief death on the battlefield. it's design toed help save gunshot wound victims from bleeding to death containing sponges coated with an agent to help to help stop bleeding. the company that makes it says it's inspired foam used to fix flat tires. it's

experimental and not has yet been approved. >> another chapter in the story of a texas girl surviving a 3500 foot fall. the 15-year-old took her steps in a rehab center that came just a week and a half after the fall. she broke several vertebrae and suffered internal bleeding. her doctors and parents call her recovery incredible. >> they expect her to come out that have at all. and that is now she's walking >> there is a reason >> this was a present for her 16th birthday. she says she doesn't remember anything about the accident. the center is

providing the care free of charge because her family does not have health insurance. >> that was tough she was free deefing on her own. >> yes. she chose that, is what they're saying is that they're blaming her. >> when abc7 news at 4:00 continues there is no dancing around and a controversy brewing with raideretts >> allegations made by another member of the squad today. >> coming up, ruckus over recycling. environmentalists say one waste company has dirt on its hands. plus, robo calls. do they make you crazy? what you can do to stop them. those stories and more

hales corners, wisconsin. nice pass by alyson dudek. and she does! e does! [ male announcer ] with the u-verse wireless receiver, your tv goes where you take it, allowing inspiration to follow. ♪ [ dad ] looks pretty good, right? [ girl ] yeah. [ male announcer ] add a u-verse wireless receiver today.

♪ [ male announcer ] add a u-verse wireless receiver today. a good that comes in 25 flavors. from whole natural to wasabi and soy sauce. and once good gets going, there's no stopping it. get your good going. blue diamond. snack nut of the u.s. ski team. prime time line up tonight at 8:00.

a second member of the oakland raiders cheer leading squad is suing the team for violating laws about minimum wage. >> abc7 news here to tell us how this law sult is gaining momentum. >> just yesterday attorney representing the first plaintiff told mae she was talking to other raideretts about joining the class action suit and today, she produced another. the attorney told me there are clause that's go against california law, including one says they can't sue the raiders organization. two raideretts named as lacy t and sarah g. sarah filed this morning both say money paid by raiders doesn't cover the hours they put in. >> i felt used i felt betrayed by an

organization that i gave my heart soul. all of the girls worked hard. >> this is a promotional video of lacy t. both women are still on the web site. lacy claims she didn't seat contract until after she joined and filed in late january. >> to bring wareness and bring the media to kind of put pressure on the teams in the nfl to make changes >> her attorney says the members are paid $125. they get paid for performing and nothing for hours rehearsing or participating in promotional events. >> it's not tloel pay less than minimum wage. >> sharon told us she is talking to others about those same claims. >> i do believe it helped my career >> maureen lee told us most women join knowing it will boost

their career. she owns a personal training business. she says there are other ways to get paid. >> there are other twiez make money. calendar signings we make a profit. >> the raiders have yet to comment. >> they're more out there and in the end i just want everyone to be paid fairly. >> and here is the rub. the raideretts get paid at the end of the season so they have to wait several months to see that paycheck. coming up at 6:00 we're going to tell what you other cheerleaders make and then we're going to compare. i promise you'll be surprised. >> interesting yes. thanks for joining us for this edition of abc7 news 4:00 >> coming up tonight shocking

details about how a 3-year-old girl's body was hidden for days >> what prompted a search in san francisco. plus... sxh z.it happened in the middle of a shopping center. what the mother did to get her daughter back. >> i'm sandhya patel. two storms headed our way this week. what commutes look like coming up. >> disturbing information about the death of a little girl in nap yachl the mother and boyfriend are now charged with the murder. thanks for joining us i'm cheryl jennings >> what police say they admit they did makes the case more horrifying. prosecutors are waiting for a key piece of information. wayne freedman is

live in napa tonight. wayne? >> that information came >> she stood before a judge she looked brightened barely able to contain her emotions she saw the charges against her. murder, felony sought on a child. another charge includes special circumstances ruling out the death penalty for now the skr district attorney told reporters that could change if the autopsy reveals evidence of sexual assault. >> there is not evidence to bring charges in that regard. if that charge that's is an avenue that is open. >> the nightmare began last saturday. police found the 3-year-old kayleigh slusher dead in the apartment. the report says she was beaten to death and of ak rested the couple admitted

to stuffing the little ghirl a suitcase and putting her in a freezer. >> all i can tell you is that both did initially make statements. >> among questions how could this have happened? the director could not comment about specifics in this case. not yet, anyway. it's on top of the list. >> is there a feeling you missed it? or the system failed? >> we have a child who died i don't know. everything i know at this point tells me that there was nothing done incorrectly. that doesn't mean the system didn't fail. >> strong statement. >> we have a dead child. >> the two suspects will return to court with public defenders to