good afternoon, everybody. i'm larry beil. >> and i'm ama daetz. it has been nearly four and a half years since morgan hill teenager sierra lamar disappeared on the way to school. the long delayed trial of the suspect torres has finally been scheduled. david louie is live in san jose outside of the courthouse. david? >> reporter: ama and larry, the family of lamar came to court for the first time today, expressing anger and frustration over the many delays, they finally have a date, september 19th, when jury selection will begin. patience and determination has been hallmarks for the search for the 15-year-old from morgan hill who disappeared in march of 2012. garcia torres has entered a plea

of not guilty to murder but his team of defense team has asked for the trial to be delayed going over data from her cell phone sent to the manufacturer in south korea. they asked the court to start the trial as soon as possible. >> the district attorney's office has been good about advising us that it is going to be a long haul. it is still frustrating for us. we want answers. we've wanted answered since 2012. >> lamar appeared the hearing with several aunts and uncles and the prosecutors and defense attorneys would not do interviews after court but they told the family there are many issues iron out, including what evidence might be disallowed and whether a change of venue could be granted. also on hand today, volunteers who organized the massive search operations for sierra lamar. >> i'm looking forward to the trial starting and for justice

for sierra lamar and the return -- the optimal is the return to her loving family. >> reporter: her body has never been recovered. in san jose, david louie, abc 7 news. there has been another freeway shooting in the east bay. this one happened this morning in emeryville. somebody fired into a car traveling eastbound on interstate 80 near the exit, the victim is a 27-year-old man shot in the head. he is now in critical condition. this is the 36th freeway-related shooting in the east bay just since november of last year and most of those had been gang-related. >> happening now in san francisco, janitors are rallying to push for a new contract after theirs expired at midnight. they are now taking to the streets. let's take a live look from sky 7 hd and the protest is heading up market near sutter. and union members voted to authorize a strike if

negotiations are stalled. they blocked traffic on market street and they want a pay increase and better medical coverage and more money contributed to pensions. local 87 of the scio represents 4,000 janitors who work in san francisco office buildings. contractors group negotiating the deal said that san francisco janitors are the highest paid union janitors in the country outside of new york and the marchers there are still going up market street. they are at market and second, i believe. we are keeping an eye on this. if anything develops we'll let you know on air and online at abc 7 news bay area. the cdc has issued a new advisory saying pregnant woman should not travel to the our in florida. >> we have the latest on the developing story. >> reporter: zika is in the sunshine state. and the latest outbreak is worryingly different because

these patients contracted it from local mosquitos. >> there is a one square mile radius north of downtown miami where we believe there is an active transmission of zika. that is what we know. >> reporter: in addition to the four cases from friday, there are now ten new cases of local transmission, those concentrated in miami. so for the first time people in the u.s. people have contracted zika right here at home, not by traveling, but in the continental u.s. the governor is vowing to move all resources to stem the spread. >> we've asked the cdc to send an emergency response team to the state. >> reporter: the cdc now issuing a travel warning to all pregnant women telling them to avoid travel to the hot zone but that is of little comfort to those living in the area. >> i would like to have another baby and we would like to see more action. >> reporter: and health responders are going door-to-door, spraying pesticides and testing for

floridians. >> once something starts, we nip it in the bid. >> reporter: the governor offering up his top suggestions for eliminating zika. >> so the biggest thing is no standing water. no standing water. no standing water. and then no standing water and then no standing water. >> they have been testing the mosquitos within the one-mile radius and none have come back with the case of the zika virus. lorna zack, abc news, washington. and if you are wondering whether the zika virus is having an effect on travel from the bay area, we'll have a closer look at the concerns here at homecoming up on abc 7 news at 5:00. a raging wildfire in big sur in monterey county has grown to 40,000 acres, the soberanes fire has destroyed 57 homes since it broke out july 22nd. 2,000 structures remain threatens. cal fire has ordered the evacuation of several communities in the fire zone. smoke from the fire has spread throughout the state. take a look. this image was taken from space by a nasa satellite and the fire

is 18% contained. >> and thanks in part to the fire, there is haze in the skies. a live look from the east bay hills camera. sandhya patel is here now with an accuweather update. >> hi there. there is definitely some haze as you look toward the east bay and the south bay. behind me, though, it is crystal clear. let me show you live doppler 7 hd and we'll talk about where that is coming from, obviously from the fire. fog from the marin county coast and most of the coast clearing out nicely. there is the soberanes fire near big sur. this is a nasa image and that smoke is moving northeast-ward and that is what is creating the smokey skies in the south bay and the parts of the east bay and this will continue into tomorrow. right now temperatures in the 60s to 80s range. real comfortable. a live look from the golden gate bridge cam and you're seeing blue skies with patchy fog at the coast and upper 50 toss low 70s and foggy tomorrow morning

with spotty drizzle and low 60s to low 90s with lingering fog and the haze in the sky. i'll be back with a look at the complete accuweather seven-day forecast coming up. >> thank you. and keep track of the ranging weather conditions with the abc 7 news app. download it for free and track live doppler 7 hd any time. attorneys for the man at the center of an excessive force investigation filed a federal civil rights lawsuit on his behave. >> it named eight alameda county sheriff's deputies. one of the deputies was fired, as we broke the story. melanie is in the newsroom with the new details. >> the sheriff's office said the five deputies did not do anything that rises to the level of being on paid administrative leave. in addition to the internal affairs investigation underway, a task force is also now investigating whether the deputy that was fired on friday should be charged criminally. in this november surveillance video, you could see alameda

county sheriffs santa maria and paul reeber hitting mr. petrov more than 40 times. now a federal civil rights lawsuit named eight deputies. >> it is important they measure up to what we expect of them. >> reporter: the dupeputies are facing criminal charges in connection to the beating and they remain on paid administrative leave but friday the department fired deputy sean osborne. in this video you could see him swinging a gold chain that he took from petrov and gave to witnesses to silence them. >> that misconduct allegation of the gold chain versus the use of force investigation are very different. >> reporter: the department will not say whether the alleged bribery is why the deputy no longer works for the department. >> i was wondering why did it take them so long. and when are the criminal charges going to fall? >> reporter: the san francisco d.a. said the city's public corruption task force is

investigating the bribery allegation. five other deputies named in the lawsuit are still working for the department. the lawsuit says deputies high fived each other after the incident and took a trophy photo of petrov on the ground and they are called that an evidence photo. >> they could characterize it however they want but my understanding is the deputy who took that trophy photo was not a evidence technician. >> and the d.a. is looking into other cases the deputy worked on. in san francisco, melanie woodrow, abc 7 news. and embattled judge aaron purseki is facing after a man pled no contest to domestic violence and the judge heard it on the same day he sentenced brock turner on june

2nd. the victim told the guardian newspaper that she feels that the system failed her and told the newspaper she felt the judge let her abuser off with a light punishment because of his job as a technology. we know the names of three of the four people killed in the medical flight that went down near the oregon border after the pilot reported smoke in the cockp cockpit. the pilot is larry mills. he he had 20 years experience. the last 12 as a volunteer first responder. also killed were flight nurse deborah cune and paramedic michelle tarwater. the name of the patient being transported hasn't been released. i think i made a lot of sacrifices. i work very, very hard. i've created thousands and thousands of jobs. >> donald trump fights back and the new fallout today over his comments about the death of a war hero. plus a close call for one

san jose family. a branch from a 200--year-old tree comes trashing down and sending residents rushing. and hoow much is too much. how much time we are all spending in front of the screen. >> how much time is spent in traffic. if you are on the 101 in san joseond going southbound, you are spending plenty of time in traffic. this is the back-up, northbound looking good as

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an 8-year-old southern california boy with a rare genetic disease has died only a day after being made an honorary u.s. marine. we told you about wyatt gillette last week. on saturday he was given the title during a ceremony at camp pendleton where his dad is a drill sergeant. more than 4,000 people signed an online petition asking the commandant of the corp to give wyatt the title and it came through just in time. yesterday he summocked to the disease. his dad believes if he had been given long tore live he would have enlisted as a marine. a south bay family had a frightening close call. a massive branch broke without warning, sending the limb crashing down on a home on fullerton street in san jose. as abc 7 news reporter tiffany wilson explains, it left the homeowner with a lot of debris in his yard. >> came into the bedroom and this is where the branch fell, right here. >> reporter: part conversation piece -- >> the neighbors love the tree.

everybody talks about the tree. >> reporter: part landmark. >> there was a plaque in the tree that came out. >> reporter: part natural habitat. >> there is a screech owl family for a couple of years in the tree. >> reporter: now this massive 200 year valley oak tree is history. >> we like the tree, but obviously it is unsafe now. time to come out. >> reporter: last night dave was in his san jose bedroom when he heard a roar, a branch collapsed and punching through the wall and narrowly missing his window. >> if it would have caught us in the right spot in the bedroom, we might have been hurt. >> and it also took out his fence. >> several tons is what hit the house and came into the house. >> reporter: his neighbor was in the living room when the branch broke. >> i thought it was a plane crash because i heard a roar and i started -- it starts to get worse and then all of a sudden it was a big boom and it scared me. >> reporter: this morning clean-up crews are out in force before more damage can be done.

>> it is devastating. there is a lot of history. >> reporter: and speaking of history, the arborist said it is the heat that took down the 200-year-old oak tree and this morning neighbors stopping by because they don't want what had a -- had happened here to happen to them. abc 7 news. san francisco police are looking for burglars who stole tens of thousands of dollars worth of merchandise overnight. they broke into daniel stein antiques on jackson and smashed a glass cabinet and made off with an 18th century tea set and reselling the antiques would be risky. officers are worried they will melt it down and then sell the silver. >> it would be horrible if they were destroyed in any way. because it is a piece of history. and to lose something like that, it is horrifying. >> these are photos of the

stolen antiques. the burglars made off with more than $40,000 worth of inventory and the shop did not have security cameras installed. we are getting word that apple shuttle drivers have voted overwhelmingly in favor of a new contract. teamsters local 853 said the deal provides for several improvements, including health benefits and pension and holiday time and vacation and overtime. the agreement runs through march of 2018. the union represents shuttle drivers at several bay area companies including facebook, google and yahoo. >> it is no secret people spend hours on mobile devices, watching cat videos and the abc news app but you might be surprised and how much time we spend glued to the screens. there is a new nielson study that shows adults spend 10 hours per day on media consumption alone. they could not get enough of ama daetz. >> and larry beil. >> i think they've had plenty of

me. we're talking about all of the devices. tablets and smartphones and this could just be a pokemon go thing. it is a one-hour increase over last year. a large number of californians don't have broadband internet access. the new emerging technology fund finds 32% of low income residents can't con tect to -- connect to high speed at home. the elderly are also lagging behind. it is a huge disadvantage for those studying for school or looking for a job. >> there are things that those of us who have access to the internet may take for granted. they enable us to transact our lives more efficiently and more easily, but we forget that those who don't have hardships that we don't recognize. >> researchers say smartphones are a poor substitute for those who don't have broadband access. the summer fog can make for some rather gloomy mornings but also make for some beautiful

pictures. we'll show you some time lapse video from the east bay hills camera. look at the clouds floating by. this is at mt. diablo off in the distance as could you see when the clouds go by. with the fog and the clouds move past the camera. >> neat. >> that is captivating. >> yeah, it certainly is. well spencer christian is off. we have sandhya patel in today and she's here with our accuweather forecast. >> hi there. ama and larry, it is neat to see the fog rolling in. right now there is no fog behind me, looking across the bay, but that will all change. let's check out live doppler 7 hd and talk about your morning commute and how it will be like the time lapse you just saw. the fog is confined to parts of the coast on live doppler 7 hd. the wind is coming off the ocean to 20 miles per hour at the northwest at sfo and the on shore breeze will be with us for the rest of the week which means temperatures are moderated. not too hot this weekend, especially in the inland valleys like last week. a shaky camera from the sutro

tower and the fog rolling in toward the golden gate. 66 in san francisco. 70 in oakland. 77 in san jose and 63 in half moon bay. from the east bay hills camera, some of the smoke from the soberanes fire near big sur. 77 in santa rosa. 74 in napa. in the mid-80s for fairfield and concord and 87 in livermore and a live look from the sfo camera, seeing the sun and enjoying the bright skies. foggy coast and bay and patchy morni morning drizzle and a cooler pattern late this week. so tomorrow morning, when you get going, expect it to be quite comfortable. numbers in the 50s with the fog widespread like it was this morning. and don't be surprised if you have to turn on wipers briefly. there will be spotty drizzle. tomorrow morning, the fog is around at 7:00 a.m. and still there around the coast and the bay. you notice down toward the peninsula and into the south bay and the east bay and the north bay, as we head into the latter part of the morning, the fog

pulls away from the bay but lingers near the coastline. hazy skies like i mentioned in the south and east bay due to the smoke from the wildfire down south. sunshine and bright skies in the north bay and along the coast, we'll hang on to the fog for those of you who love it. 64 in san francisco. 62 in half moon bay. 77 in san rafael. up into the low 80s for santa rosa, napa, san jose, 70 in oakland. 84 fairfield. low 90s around places like antioch. accuweather seven-day forecast, we'll have our summer spread. typical for our area, 60 toss 90s around this time of year but notice how much the team temperature -- temperatures drop, thursday through saturday, 80s and low 60s coast side and slightly warmer for the second half of the weekend into early next week. but it is nice for a change not to have that extreme heat that we are dealing with parts of last week. larry and ama. >> welcome relief. >> thanks. up next, major moves in

major league baseballs and one

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happening now in san francisco, take a look. janitors are rallying to push for a new contract and they are blocking traffic right now at market and kerney streets. this is a live look from sky 7 hd. you see a big crowd of them there marching. union members voted last week to authorize the strike if the negotiations stalled. the contract expired at midnight but the two sides are continuing to try to at least work out a deal. the janitors work in various office buildings throughout the city. we are keeping a close watch on this protest. we'll bring you any new developments as it happens. and be sure to download our abc 7 news app to get the latest information any time but again from sky 7 hd you could see now all of the janitors out there and they are blocking traffic at market and kerney streets. big day in baseball. frantic day, in fact, with both

the a's and the giants busy as the trade deadline came and went. the a's unloaded their best and most popular player, they traded josh reddick who wanted a long-term deal that the a's didn't want to give him with pitcher rich hill to the dodgers for three minor league prospects. giants are trying to bolster the pitching staff and trading will smith and they got catcher andrew susac and phil bigford. he is a former number one draft pick so the giants gave up a lot to get will smith. and then they acquired starter matt moore from tampa bay but had to give up third baseman matt duffy so it looks like they gave up a king's ransom for thoses who were not considered top line pitchers but we'll see how it works out. steph curry, the warriors star holding the second annual tour in china and holding select

clinics in four cities and he is excited about sharing his passion with the next generation of players in asia. adele is spending time in the bay area between concerts. the 28-year-old posted this picture on twitter and wrote, found this in golden gate park this morning. she performed in san jose on saturday and sunday night and will be at oracle in oakland tomorrow. the concert, though, is sold out. >> she has an amazing voice. >> she does. abc 7 news at 4:00 continues. >> as commander-in-chief, i'm tired of some folks trash talking the america's military and troops. >> more backlash as president obama and families who lost loved ones during military service slammed trump over his comment to the family of a fallen soldier. and a hot air balloon crash killed 16 people over the weekend. and inside of the hawaii erupting

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no way! no! didn't see that coming, did you? porter ale cheese sauce, grilled onions, and bacon on a artisan potato bun. jack's new brewhouse bacon burger, new from jack in the box. hey, where did jack go? he was just here. here are your headlines at 4:30. a judge today denied a trial delay for the man suspected of killing teenager sierra lamar. the attorneys for garcia torres wanted to push back his trial until october the 10th and the judge decided his three

attorneys should be able to get ready for jury selection by september 19th. ten more cases of the zika virus are believed to have originated in florida and that makes 14 cases total transmitted from a mosquito in the state. a reporter tweeted that the cdc has issued a travel warning for the state of florida. coming up at 5:00, we look at the risk you might face if you are traveling there. one of san francisco's most exclusive luxury buildings is sinking. the millennium towers is home to celebrities like joe montana and hunter pence. and jonathan bloom treated he is meeting with owners who are worried about investment and jonathan will be live coming up at 5:00. and donald trump continues to discuss the controversy involving a fallen soldier's family who challenged him at the democratic national convention. leaders from both sides of the aisle have condemned trumps response but that is not stopping him. lorna zack has the latest from

washington. >> reporter: at his latest campaign event, donald trump did not address the controversy with the khans, instead he spoke of his love for veterans. >> i think i have tremendous support with the vets. raised a lot of money and gave a lot of money to the vets. >> the khans, a muslim couple, that appeared at the democratic convection speaking about their sacrifice after their son died protecting his troops in iraq. >> you have sacrificed nothing and no one. >> reporter: but over the weekend, trump made some of his most couldn't versal comments to -- controversial comments to date. >> i think i have made a lot of sacrifices. i've worked hard. i've created thousands and thousands of jobs. >> and trump questions the silence from mr. khan suggesting she was suppressed by her religion. and this morning she answered, saying she was overcome seeing her deceased son's photo on stage. >> anybody could see how difficult that time was when i was standing there in front of america.

>> president obama speaking before wounded veterans said he is sick of people disparaging the u.s. military. >> no one has given more for our freedom and our security than our gold tstar families. as commander-in-chief i'm tired of folks trash talking our american troops. >> john mccain and other gold star families and the head of the vfw have demanded that donald trump apologize to the khans and other gold star families. abc 7 news. some pundits are trying to draw comparisons between khan and sheen, a mother who become an activist after her son was killed. she staged a week's long protest outside of president bush's texas ranch in 2005 demanding to meet with him and now she is weighing in on the attacks on khan and in a statement she said i've been through this and been attacked, it is not fun but i

know the khan's have the strength to with stand these attacks as i did. a new poll show many americans think the country will remain politically divided after the election. three of four think donald trump will further divide the country but doubts remain about hillary clinton. 85% of people think the u.s. is more politically divided than in the past. 80% view americans as greatly divided on the most important values. a deadly hot air balloon disaster is prompting new safety concerns over the popular passtime. over the weekend 16 people died when a balloon hit power lines in texas. the worst balloon accident in u.s. history. elizabeth hur is in texas with more. >> reporter: the final journey for the 16 people on this hot air balloon caught on this video obtained by abc news. the balloon took off outside of austin texas and traveled eight miles before bursting into flames. >> you could see they were stuck. the flames that go into the

balloon, they were coming on and going off. >> reporter: according to investigators, the balloon hit the high tension wires while descending and crashed into an open field. for a newly wed couple seen in this facebook picture, this was sunday's gift for her army medic husband. the two married just six months ago and shared the snap chat pi pictures the morning of the disaster. >> when i heard there were no survivors, i knew we lost her and matt. >> and on the balloon, a couple who enjoyed spending time with their grandchildren and skip nichols, the owner, is said to be experienced and spoke about his passion for flying to our abc station ksat. >> are you through being a pilot or a passenger and crew and i would like to be a pilot. >> authorities say all 16 bodies were found near the basket of the balloon and so far investigators have recovered 18 cell phones and cameras and

ipads which they hope will help put together a timeline. >> and that is one of the very questions we want to find out is was there any particular reason why this flight was delayed. >> the flight was delayed 20 minutes with clouds and fog in the area and as part of the investigation officials will be looking into weather conditions. elizabeth hur, abc 7 news. texas. clean-up is underway in a baltimore suburb after deadly flooding over the weekend. a torrent of water swept through ellicott city sweeping cars away and damaging building and prompting 120 water rescues, including this one, bystanders who were able to pull a woman to safety and the two others didn't make it and they were swept away after six inches of rainfall in just a few hours. a driver in florida is in the hospital but miraculously alive following a spectacular rollover crash. take a look at this. the car rolls over eight times before it finally came to rest

upside down. we'll show it to you again here. the driver owes his life to the good samaritans who came to help him. >> people came over with fire extinguishers to put out the fire and we flipped the car back over and pulled the guy out, so he didn't burn alive. >> i started pulling him out and another guy probably about my age helped me, we pulled him out of the car. >> and then cops and parms did their job and they took over the rest, really. >> the driver was airlifted to the hospital. officials say he hit a mailbox and atvs parked outside of a schooler dealership, three blocks before the crash. the cause of the crash is under investigation. amazing he survived that. rolling over that many times. >> that is amazing. still to come on abc 7 news at 4:00, a change is coming for the security robots at the shopping center after one ran over a child. i'm michael finney. ask finney is just ahead. so i'm still taking your questions on twitter and facebook. post them with the hashtag ask finney. i'll answer your questions right

here live a little later. i'm abc 7 news meteorologist sandhya patel. you are seeing blue skies from the south beach camera right now. the sun will continue to shine the sun will continue to shine but we'll the sun will continue to shine but we'll at at&t, we believe in access. the opportunity for everyone to explore a digital world. connecting with the things that matter most. and because nothing keeps us more connected than the internet, we've created access from at&t. california households with at least one resident who receives snap or ssi benefits may qualify for home internet at a discounted rate of $10 a month. no commitment, deposit, or installation fee. visit att.com/accessnow to learn more.

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♪ i'm gonna see ya ♪ (inhales cigarette) happening now in san francisco, traffic slow in the city's financial district as janitors rallying to push for a new contract have a sembled and they are -- have assembled and

marching through the streets. protester on kerney and california. you could see they are forming a large group as we look live from sky 7 hd. earlier in the afternoon they had blocked traffic at market and kerney, but the march is progressing. there is a large group out there for sure. not certain the traffic situation at this point. but we'll keep you posted throughout this newscast and abc 7 news at 5:00 and online at abc 7 news bay area. a silicon valley company made good on their promise to a local family. knight scope welcomed harlan and his family to the headquarters last week. here is a photo of them with company officials. har win received the tour after one of the knight scopes 300 pound robots ran over his right foot at the shopping center in stanford causing his foot to swell and he suffered a scrape to his leg. they called the accident

horrifying and promised the family a new version of the robot will be rolled out. well, a bizarre and somewhat humorous sight in a volcano in hawaii. a smiley face inside the volcano crater on the big island of hawaii. last week during an ongoing eruption. when i saw that online, i thought somebody must have doctored the photo, but it is really there. the helicopter tour company noticed paradise helicopters captured the spectacular shot. and you just got back from there. how close were you to the lava? >> oh, literally feet. i could have touched it if i wanted to. but it is just so hot. it wasn't flowing into the ocean just yet but being able to walk up it is incredible. >> isn't that amazing. >> it is so happy, it is spewing out lava. >> it is happy. it is happy for about 20 years now actually. >> it is cool. >> let's get a check of our weather here, abc 7 news meteorologist sandhya patel with our accuweather forecast. >> hi there. it is cool to watch the volcanos spewing out. larry and ama, right now it is

bright out here. let me show you live doppler 7 hd, fog closing in along the coastline so tomorrow morning during the commute you'll see more of it. smoke of the fire from big sur is impacting air quality in the central valley. there is an air quality alert until tuesday afternoon. so places like fresno, hazy kawhis tomorrow. 103 degrees. the desert will continue to see the triple-digit. vegas 102. 76 in san diego. 81 in tahoe. here in the bay area, low 60s along the coast with the clouds and fog lingering. to the low 90s inland. haze from the smoke in the south and east bay for the tuesday. and the temperature trend for livermore will spell out what you could expect. a lit bill above average for the next few days in livermore. and then notice how much cooler it gets toward thursday. low 80s in livermore. mid-80s friday, saturday, sunday. it will take a few days before we recover. closer to average as we head into early next week. i'll be back at 5:00 with the

complete accuweather seven-day forecast. >> see you then. still ahead on abc 7 news at 4:00, speed city is back. >> and i say, my god, who would have thought that san jose would push san francisco off the map. >> well maybe not off the map but a big day for today as the olympics greats honor the return of the track and field program. i'm michael finney. your doctor could charge you for missing an appointment. so can you charge your doctor? i'll have the answer

dozens witnessed the rebirth of one of the nation's top track and field programs today. >> san jose state university announced it is bringing back the men's program after it was terminated 28 years ago. that program has seen so many great figures including tommy smith and john carlos. lyanne melendez is live in san jose. >> the program ended in 1988. the victim of budget cuts and a struggling economy. but even though it was considered one of the best in the nation, if not the world, now today two legends came back

home to make sure that the university is back on track. the date for reinstated mens track and field at san jose state has been set. october 16th, 2018. that is 50 years after tommy smith and john carlos made one of the most political statements in the history of the olympics by raising their fists during the medal ceremony in mexico city. tommy smith, who won gold in the 200 meter race has said it was not a black power salute, but a fight for human rights. that historic moment is captured in this 22-foot high statue at san jose state. >> look at the face of that young man up there. that is a cry for freedom. >> at the time the nation was still struggling to end racial segregation and discrimination. john carlos, who won the bronze medal, said that effort for equality has shifted to a new phase. >> of course, all lives matter. but i have a right to say i'm

concerned about a number of young black kids dying throughout this nation. it needs to stop. >> reporter: well-known socialist and san jose state grad harry edwards said it is time to turn the page and never for getting the contributions of these athletes. from 1941 to 1970 san jose state produced 27 olympians in track and field. >> and the reporter said, is there something in the water there? yeah, there is. they call it the spartan spirit. they call it the spartan courage. >> reporter: the campaign to fund the $5 million track and field facility was launched today. next to the statue that continues to ask the nation to take a stand. in san jose, leen lyanne melendez, abc 7 news. >> they reinstated the women's track and once the new program is completed they could practice

there as well. comments came today after a study found severe viral contamination in all out door venues. reno dumps half of its untreated sewage into the water surrounding the city. time now for ask finney. seven on your side michael finney answering questions. lydia asks would you advise buying or leasing a nissan leaf. the salesperson told us we get a $10,000 tax credit. >> you do. nearly. you get $7,500 from the federal government and when you file your taxes and you could get as much as $2,500 from state of california, it all depends on your income. so check before you get it. but it gets close to $10,000. now the nissan leaf has received some good reviews. 3 and a half stars from car and driver. not too bad. go online and check out other

sources and see the ones you trust. see how they rate the car. now whether to lease or to buy, it is always better to buy and hold onto it for a very long time. that is how you get ahead in life. you have to be able to afford it and have a down payment but when it comes to a leaf, all of the rebates are coming your way so it should be easier. >> and alameda e-mailed, i would like to know the best laptop for a college student. my daughter is going to uc berkeley. >> okay. now berkeley, i'm not sure. so here is what it is. the very first thing to check is does the college maintain apples or do they do microsoft or do they offer support for all of the operating systems. this is very, very important. because if you go to a college that doesn't support your operating system, it may be very difficult to get notes, to get tests, because on and on, i know. i took some online college courses and i had the wrong operating system, it would have been a mess. i almost it had, i thought to

call at the last minute. make sure to call. i'm sure berkeley probably does both. and that case is it a stem kid or a english major. if it is a stem kid, you need operator power in the computer. if you are looking at an english major, you don't need that power and you could get by with a cheaper and lighter computer. steven b. from castro valley said businesses often charge a cancelation fee if you don't give 24 hour notice. as a consumer, can i charge the professional for canceling without nrts. my time is just as valuable. >> let's talk about the guy coming to your house, those kind of of professionals, the law calls for it and the company has more than 25 employees, you are allowed to bill them your true costs. now what does that mean? if you take time off work. if you are just irritated, they won't give you that. most companies will say no and you have to go to small claims court and that is the same for

doctor or dentist. and people say they will charge me if i'm 24 hours -- if i don't give them 24 hours notice. they told you that in advance. did you tell them that in advance, you'll end in small claims. but give it a shot. >> i'll be sending out bills later today. thank you, michael. abc 7 news at 4:00 continues. >> my brother was a former marine. there is no ex marine. former marine. >> big turnout to honor local war veterans who have gone unheralded. the memorial waiting to happen. >> and one tower who is sinking and the woman leading the charge in a slurry of lawsuits. >> and thinking about going solar. why you need time

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today was the dedication. here is reporter wayne freedman. >> reporter: if you are or care about a korean war veteran, you know what happened in the presidio today did not come easily. today's formalities are a product of pain and suffering and heroism in what veterans call the forgotten war. it is forgotten no more. in black betters, in -- black letters in photo on stone. >> it brings back a lot of memories. some good, some bad. >> so here it is. the korean war memorial. lisa has memories of father in that box, veterans who never lived to see the day and whose families carried them the last few steps in their hearts and their hands. >> he would just -- he would be happy i'm here representing. >> if you haven't been here lately, it might seem like the memorial just appeared, but that is hardly the case.

it is here due to the dedication mostly of one man. >> there was no a doubt in your mind this would be built, was there? >> no. none. >> marine lieutenant colonel john black stevens began this project in 2009 when he was 88 years old. how could the presidio not have a memorial to the action that killed 33,000 americans and 1 million koreans, and with help he raised more than $3.5 million. >> this is a real war and people were getting killed and we were killing them. >> and among them, lopez, this photo of him cresting and serving as the memorial centerpiece and moments after this photo was taken. he died. her is his nephew, mike lopez, from ft. lauderdale. >> what would he say about this. >> i did what i was trying to do. >> they never gave up. not then and not now.

>> it took a long time to get here. >> reporter: in san francisco, wayne freedman, abc 7 news. thanks for joining us for abc 7 news at 4:00. abc 7 news at 5:00 begins right now. had the building been built to bedrock, it would not tilt and not be sinking. >> ever have that sinking feeling. a skyscraper home to the rich and famous is having a serious problem and everyone is pointing fingers. >> also ahead, another freeway shooting. this one has a 27-year-old man in critical condition. >> and the disappearance of sierra lamar, four years later his family may start to see justice. >> it is still frustrating for us. i'm abc 7 news meteorologist sandhya patel. temperatures have slipped a few degrees in some areas and spread to all areas and i'll let you know how much cooler this week coming up. call it the leaning tower of san francisco. the building that currently offers the most expensive

one-bedroom in the city, is sinking into the ground. good evening. and thank you for joining us. i'm ama daetz in for kristen zse. >> and i'm dan ashley. high-profile locals like joe montana and hunter pence live in the millennium tower and it has sunk six inches and it is leaning toward the sales force tower next door and all say this is from the excavation of the transit bay center. jonathan bloom is there live with more on a remarkable story. >> reporter: it is one of the top ten residential buildings in the world according to people who rate such things, home to professional athletes and politicians including mayor willie brown who could look out the window and see the bridge named after him and the san francisco tallest residential building but it is slowly getting shorter and the fact that it is getting shorter is the contention of a legal battle that could end up being one of the costliest in city history. in a spot where towers are

spouting up out of the ground, one of the tallest is sinking down into it. >> there is cracks in the walls in the parking garage and settling on the club level floor. >> in this high priced tower, one noticed window and a dishwasher harder to open. last month the homeowner's association brought in an engineer. >> why the building is sinking and tilting and it is clear after listening to him and doing research, which my husband and i have done, that the partners did not build to bedrock and that is the cause of the problem. >> engineers say the millennium tower is built differently from others, instead of steel anchors on bedrock, it is concrete sitting on a slab with piling 80 feet into the soil and that foundation is inadequate with the weight of the tower. the partners poor design decision is the cause of the tilt and the ex