good afternoon and thank you for joining us, i'm ama daetz. >> and i'm dan ashley, larry beil has the day off. we begin with new developments in a horrific child abuse case. >> the 6-year-old daughter of matthew zabbala has died. it is said he beat her more than one. >> a judge set his bail at $1 million. david louie is live in san jose with the new developments today. >> reporter: dan and ama, this is a terrible case. we know the name of the six week old baby and her name was milla and she suffered nine broken ribs and a fractured left arm and multiple leg tract urz and it was ultimately a skull fracture that led to her death

today. it was the development no one wanted to hear. >> early this morning, baby mil milla succumbed to her injuries and we have charged her father with murder. >> reporter: last sunday at this upstairs apartment the deputies found the baby unconscious and not breathing. her mother called 911 after hearing what she said was a blood curdling scream from another room. zab ala agreed he was too rough and he forcibly ripped her from a car seat the previous day causing her to hit her head on the carry handle and the car seat fell to the ground and today he was in court charged with the murder. a public defender and others kept him out of range but he was briefly seen through a window. the bail was set at $1 million because of his prior conviction six years ago for injuries to

another daughter. for that he was sentenced to six months in jail. >> that is not enough. right now you do half of your time in jail. >> reporter: abc 7 news learned he never went to jail and was outfitted with a electronic monitoring and continued to be in contact with his children, including to a neighbor who didn't want to be identified. >> they had the oldest child living with them and i'm upset that is the case. if he had a prior, he shouldn't have had the kids living with them. >> reporter: in san jose, david louie, abc 7 news. the office of the sheriff of santa clara is raising funds to help pay for the funeral for the baby girl and so far it has raised more than $6,000. palo alto police have arrested 23-year-old lionel mccoy, suspected of shooting and killing christopher puckett on june 10th in east palo alto. sky 7 was over the san jose apartment on north second street where officers from both departments this morning took mccoy into custody during a

raid. investigators believe mccoy murdered puckett in relation to a ongoing personal dispute which could have involved other criminal activity. >> we considered him to been armed and dangerous and felt he was a threat to our community and any communities that he was visiting. >> police arrested another man during the raid for a parole violation. a photo of mccoy has not yet been released. we'll show it to you when we get it. additional witnesses may need to identify him. puckett's death marked east palo alto second homicide of the year. abc 7 news has learned the sheriff's office and perhaps the school district knew as far back as last year about the alleged inappropriate relationship between mill brae teacher and a girl. >> and we are live in millbrae with a story only on abc 7. vic? >> reporter: dan and ama, the point here is that the sheriff's office and the school district knew about this way back then, then why didn't the school district suspend the teacher and

the sheriff's department launch an investigation? instead the teacher continued teaching while still engaged in this relationship with this young vulnerable teenager so the question here is who dropped the ball? the teacher, 40-year-old haether butts was found in a parked car here on santa helena in san bruno. they are not releasing the girl's name or where she goes to school. she taught drama at taylor middle school in millbrae and apparently had a long relationship with a girl and abc 7 news learned that a parent went to millbrae police as far back as october, ten months ago, to file a police report after he discovered the illicit relationship. police interviewed the parent and his child and other students. during that interview, police got screen shots of text messages and exchanges on social

media sites between the teacher and the student. and the parent told us, police assured him that all of this would be turned over to the school district. the parent, who does not want to be identified, said that in february he also went to the school's dean of students about butt's inappropriate behavior and said the administrator told him the school district was aware of the police report. but were they? if so. why she was still teaching her and did the sheriff's office ever launch an investigation back in october when the police report was filed? we asked three retired educators what they thought. >> immediately act on it. that teacher should have been removed from the classroom. >> they definitely should have jumped on it, as soon as it was reported. something is going on there. they are covering it up for political reasons of some sort.

>> reporter: well san bruno police, which is the agency investigating this case, since she was arrested in san bruno, tells us they now have the report from millbrae police department and it is part of their investigation. and the school district superintendent told us this afternoon he gave us a very short statement saying this is, quote, a complicated case, in that it is also a personnel case, so he can't talk about it. vic lee, abc 7 news. >> vic, i know you are waiting for a response from the sheriff's office. did you get one? >> reporter: yes, i did. just a little while ago and they confirmed now that they do have two police reports. they found two police reports. one dating back to october, that was when the parent filed the police report, and another supplemental one which dates back to january and that apparently is when the parent went to the dean of students, the school must have filed a police report then.

so they said that they don't know why these investigations did not -- were not completed in a, quote, timely fashion. but they say that they have now launched an internal investigation as a result of our in inquiries. back to you. >> okay. thank you very much,rick. a judge has rejected a request to suspend a new state law allowing terminally people to end their lives. the right to die law was inspired by brittany menard who moved to oregon to legally terminate her life due to brain cancer. and it will remain in effect as the positions claim they lack safeguards to protect against abuse. another judge won't block the california vaccine law. lawyers were seeking an in junction while a lawsuit trying to overturn the law works its way through the court system. law requires all children be vaccinated before attending private or public schools or day

care facilities. in monterey county, a fire could affect people in the south bay again this weekend. there is a warning for santa clara county. the impact from the soberanes fire are expected to be minor. the fire near big sur is now 91,000 acres and 60% contained. with that smoke moving into the bay area, here is a look at our air quality. santa clara valley, moderate air quality even with the presence of the approaching smoke. in north bay, coast and central bay and inland east bay, good air quality and that is good news. now to live doppler 7 hd showing the very familiar picture of low clouds at the coastline and still have sunny skies over the area and low clouds from the emeryville camera. 66 in san francisco. 72 in oakland. mountain view 76. 78 in san jose. 70 in morgan hill and half moon bay has a temperature of 63 degrees.

this is a view at the golden gate. you could see the low clouds beginning to get thicker and lower but traffic is flowing nicely now. 70 in santa rosa. 70 at napa, mid-70s for concord and livermore. a few coastal clouds and after sunset, partly cloudy and clouds will increase around the coast and bay. by 10:00 p.m. and by midnight mostly cloudy. turn on your lights. it will be -- if you are out at that hour, because you need them. >> thank you. officials with the golden gate bridge district have partnered with crisis text line to help suicidal people starting with a text. the number of people younger than 25 who contemplate suicide at the bridge has increased five-fold in the last 14 years. new signs are being installed informing those in crisis to text the letters ggb to the number 741741 for help and trained counselors will apply immediately an contact emergency services if needed.

>> we've had 94 conversations that were from the golden gate bridge on the crisis line so people are already messaging us and we want to bring more support to the bridge through having our number up on signs there. >> reporter: the district is moving forward with a $76 million suicide prevention project which includes a steal net. >> abc 7 news was in oakland as the mayor and u.s. transportation sect anthony box rg waited on the long awaited bus transit project bringing changes along lane. oakland has set aside $5 million for businesses that may suffer during the construction. minimum wage is about to go up in berkeley. today the city council voted to raise it to $15 an hour in two years. the special meeting was called for that vote. the current minimum wage is berkeley is $11 an hour. it will go up to $12.53 on october 1st and then rise to

$13.75 next october as it rises to $15 an hour again in two years. coming up on abc 7 news at 4:00 -- >> you little son of a -- >> what was behind this ex commitive tirade from the maine governor. >> and someone who stood up to a bully shares his message with bay area students. >> and the effort to slow down trucks on highways and the high-tech way it will be done. and take a look at what is going on along 680 in the walnut creek area. very busy at 4:12 in the afternoon in both directions. stay with us. abc

the oil companies pollute our air.

putting their... ...profits ahead of our kids' health. now they're trying to weaken california's clean air laws. i'm tom steyer. we've had a million kids get asthma. we need to send the oil companies a message. tell your legislator to stand up to the oil companies and protect our clean air laws. don't let the oil companies put their profits... ...ahead of our kids.

maine's governor is coming under fire today, paul lepage admitted to leaving an expletive filled message for a state representative. marcy gonzalez has the reporting and why this isn't the first time the governor's words have sparked controversy. >> maine's republican governor paul lepage once again defending himself, this time after leaving a profanity-laced message for a democratic legislator he claims called him a racist. >> i want you to prove that i'm a racist. i've spent my life helping black people and you little son of a -- socialist -- [ bleep ] -- i need you to -- i want you to record this and make it public. because i'm after you. thank you.

>> reporter: the governor not stopping there. later telling reporters, quote, i wish it were 1825 and we would have a dual, saying he would point his gun right between the state representative's eyes. >> it sounded like somebody who was capable of -- of injuring me and violence. i'm going to be careful. >> everything i said to that man is less -- it is less -- it is less insulting than being called a racist. >> reporter: it is yet another controversy for lepage who faced backlash in january for saying this. >> these are guys with the name d-mon and smoothy and shifty, these type of guys that come from connecticut and new york, they come up here and they sell their heroin and go back home. incidentally, half of the time they impreg nate a young, white girl before they leave. >> and now sparking calls for his resignation. >> the question is whether there are legal ramifications. this goes beyond the pail of

blunt and blustery talk, this is a direct threat against the member of a legislature. >> and the governor did issue an apology saying he meant no physical harm against the representative. marcy gonzalez, abc 7 news, new york. former san francisco 49er defensive tackle jonathan martin is bringing his anti-bullying message to his classrooms throughout the south bay. we were at immediate mont middle school in san jose where he joined congressman mike honda to take a stand against bullying. he was harassed by three teammates when he played his rookie year for the miami dolphins in 2012 and he said it led to suicidal thoughts. >>er -- you are 6'5", 220 pounds and i was hurt and more sensitive that that. >> he suffers from major depressive disorder and anxiety and his mental health issues combined with the bullying led

to him contemplating suicide. golden gate bridge users may soon see a dramatic change in the way they pay tolls. bridge officials are considering a new type of collection structure. kristen zse is here to show us how it works. >> reporter: right now this is how drivers pay toll on the golden gate bridge. they go through the toll plaza which has equipment that reads fas track transponders and they are considering a bridge-like structure, and this is the artist rendering and lights and lasers and cameras will hang on the platform all above the roadway. >> the entries are going up around the nation and they are the way the selection is starting to be done more and more and certainly will be done in the future. >> reporter: bridge officials say one advantage is that drivers wouldn't crash into any equipment like they do now. plus the equipment maintenance could be done without closing lanes. here is another artist rendering commissioned by the bridge district which admits the new

technology will not not be able to count passengers to catch car pool cheaters. now let's show you using google earth where it would be. so let's go in close. so right now this is the toll plaza. it would be about a few hundred feet south of that, still going southbound. so right about there. the proposal has to go through an environmental and public process. the earliest it could happen would be the end of 2018. >> kristen zse, thank you. the federal government is seeking to see how fast trucks and buses could travel on the nation's highways. a new proposal would cap speeds with a device that would be placed on new vehicles that weigh more than 26,000 pounds. the government said capping speeds for large vehicles would reduce fatal crashes. today bay area leaders celebrated the anniversary of women's right to vote in san francisco. democratic leader nancy pelosi tweeted this out. women's equality day reminds us

that equality benefits everyone, daughters and granddaughters and sons and grandsons. jabar said gender equality is one of the most important issues facing society. >> men will have to realize that they made a very cushy situation for themselves and that can't continue like that. and it is going to be uncomfortable for them to give up some of that power and comfort. >> also today, apple, facebook and target and 26 other u.s. companies have signed on to the white house equal pay pledge. it includes a promise to conduct a yearly analysis of pay by gender and review hiring and the promotion process. >> and the weekend has arrived and it will be nice, it sounds like. >> spencer is here with the latest. >> i think it is fair to have a nice weekend. cooler than average but cooler days coming up in september and october.

and sky 7 hd and sunny skies over the usual areas with the clouds and fog at the coastline and over the next few hours we'll see the marine layer push over the bay and inland. and check out the view of blue sky looking in this direction from our rooftop camera here at abc 7, looking at the south-southeast and clouds thickening overnight and spotty morning drizzle as the last few mornings. mostly sunny skies will prevail tomorrow afternoon and we'll have below average temperatures continuing through the weekend and through most of next week. now, right now we've got temperatures ranging from 63 degrees at half moon bay, to low 70s mainly across the bay in the bay shoreline and the east bay and inland is warmer, 82 degrees at antioch. and overnight, we could expect widespread low clouds and fog once again. good chance of spotty drizzle near the coast and perhaps even around the bay. low temperatures will generally be in the upper 50s so mild during the overnight hours. here is our forecast animation starting at 11:00 tonight and notice the surge, the unusual

overnight surge of low clouds and fog well inland and across the bay and the lou clouds will still be with us 7:00 tomorrow morning but by mid morning and midday it pulls back to give us a sunny dand and sunny stretches along the coastline. high's tomorrow, half moon bay and low and mid-80s and 70s in the north and south bay and looking ahead to the beach forecast tomorrow, the water is a bit cool. mainly sunny skies after a cloudy start to the day and temperatures will be mainly in the 60s. upper 60s at santa cruz and monterey. looking farther ahead to sunday, we'll have limited warmth in the inland areas, mid to upper 80s and temperatures drop below average on monday. and remain below average on tuesday. a pretty cool afternoon then. so here is the complete picture in the accuweather seven-day forecast. we'll have mainly sunny days aum the way through the -- all the way through the forecast period and the coolest days will probably be wednesday and thursday when inland highs will

just barely reach 80 degrees. low 70s around the bay. upper 50s on the coast. and then temperatures bounce back a couple of degrees on friday and then there will be change during the seven-day period. >> thanks, spencer. well, coming up, days before the anniversary of the beatle's last performance here in the bay area, a new exhibit is set is open. the rare pictures could you catch a glimpse of. and celebrating the dog days of summer. how people are honoring man's

it is national dog day. a day to celebrate your pup and spread awareness about rescue dogs. check out some of the cute pups. abc 7 news viewers have within sharing their pictures using the #abc 7 knew. post yours and you might see them online on on air. and rescue dogs were brought to the animal shelter and they

performed tricks in support of pet adoptions. and protesters from peta were outside. the largest marine protected area off the coast of hawaii will create a monument created by george w. bush in 2006. it will cover more than twice the size of texas. the designation bans commercial fishing and new mining as is the case within the existing monument to help protect more than 7,000 species. a trip to a garage sale may provide the best ways to remember the beatles final public concert which will hit, believe it or not, the 50th anniversary next monday. abc 7 news was in san francisco bay view as workers hung pictures of that last concert held at candlestick park. these are never-before seen pictures of the performance. artists dave sea berry bought them for a dollar at a garage

sale 30 years ago and there are 72 close up of the fab-four taken by an unknown photograph. >> 14-a has the action going on. paul and john up close and you could see the emotion in them. >> he scanned the proof and blew up the pictures for the exhibit. pictures will be on display for two months in the reclaimed room gallery at 701 amador in san francisco. boy, that is a treat. >> well, coming up next on abc 7 news at 4:00, a situation that some say is dishonoring bay area veterans. >> there is a lot of garbage and human excrement. >> the growing homeless encampment around oakland and trying to get the city to clean up the act. and the blacklist for representers. a woman moving to stay off the blacklist. and a dramatic airport chase in nebraska and what happened

before a man

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and here is what is making headlines at 4:30. in san jose a six week old girl addaied from severe -- died from severe abuse. her father faced a judge after

prosecutors upped the charge from child abuse to murder. a man was attacked in san francisco an taking pictures of that taxi cab crash that injured three people on market street. coming up at 5:00, melanie woodrow has the video of the attack and what police are doing about it. federal reserve jarrier janet yellen suggested today an interest rate hike is coming but she didn't offer a time table. tonight on abc news at 5:30, how raising interest rates could boost the economy. and workers at the oakland v.a. health center are working with the city to get a homeless camp cleaned up outside of the clinic. laura anthony has the story. >> a homeless person sleeping on the mattress in the area. >> reporter: dr. ronald chan is the site manager for the v.a. hospital here in oakland. and he's increasingly concerned about the growing homeless encampment that merely circles his building. >> there is garbage and human

extrament, and it has a bad smell in the area. >> i got complaints about employees where they are concerned about the safety. >> reporter: a social worker and president of the union that represents the employees who work here and ten other v.a. facilities. she said conditions in oakland have become intolerable. >> just overall appearance of the building cosmetically, it is just -- it presents a picture that is, you know, in my view disparage treatment of this population than the other ten facilities that we have throughout northern california. >> reporter: the city owns the building and the property around it. in a statement, a spokesperson told us, that encampment has been on a residential block an the issues associated with it were really impacting neighbors. we felt that it might migrate to an area with no homes and only minimal impact on businesses was the lesser of two bad

situations. some clean up the neighborhood and needles and -- >> but within hours they moved in and put tents back up. >> reporter: they hope to meet with the mayor soon to come up with a better situation for everyone involved. in oakland, laura anthony, abc 7 news. let's go to italy where the mayor of the quake devastated amatrice said damage from the aftershocks is threatening to isolate the hilltop town and the death toll has now risen to 280. entire villages have been flattened. rescue workers are using dozens of dogs to search the rubble for any survivors. that is as thousands of quake survivors are living in make-shift tents. and more camps will be built to accommodate those in need. a new perspective on the north carolina police pursuit that ended with a officer fatally shooting a deaf man. authorities have released

details about the video but new video reveals some of what happened. lauren lister has more. >> reporter: this cell phone video appears to show a portion of the pursuit end that ended with a officer shooting 29-year-old daniel harris. in this video you could see what appears to be the blue volvo stopped perpendicular to the road and a trooper is standing outside of the car and the driver reverses and pulls away and the trooper following. the trace ends after seven miles in all, just feet from harris's charlotte, north carolina, home. >> and he stopped over here and then a few seconds later i heard a gunshot. >> police we trying to pull him over for speeding saying he didn't stop until making it home and getting out of his car. authorities say there was a brief encounter and harris, a husband and father, is killed by a single gunshot fired by trooper jermaine saunders. >> highway patrol has been involved in a shooting. >> reporter: residents suggest

he may have been using sign language with officers. his brother also deaf said police aren't trained enough in dealing with the hearing-impaired. >> if the officer had known that he was deaf, it would have ended differently. >> reporter: residents holding a vigil writing justice for daniel on his street and demanding answers. >> i can't understand, you know, why it happened the way it happened. why did you have to kill him? >> reporter: investigators have been searching through police dashboard and body camera video to find out why the deaf man was shot to death. the charlotte affiliate plan to review the latest cell phone video as potential evidence. abc news, los angeles. there was a scary security breach at the airport in omaha, nesk, when a plan -- nebraska when a man slammed a truck into a plane. he ran off and jumped a fence and started running on the taxiway and took off his clothes and get into an unlocked

vehicle. the head-on crash happened as passengers were boarding. the suspect was taken into custody. we are learning more today about an arizona aide worker who was kidnapped and killed by isis. she was kidnapped in 2013 and three weeks later her parents received this video. >> my name is taylor mueller and i've been here very long and i've been very sick and it is terrifying here. >> tonight on 20/20 the attempted and failed efforts to free her and including her parent's frustration with the government. you could watch that right here on abc 7. powerful story. france's top court has overturned a burkini ban amid shock and anger after muslim women were ordered to reveal garments on french riviera beaches.

it is expected to set a legal precedent for the 30 or so french resort municipalities that have issued similar decrees. the mayor cited concern about public order after deadly islamic extremist attack this is summer. if you are looking for a job, check out the airline industry. a lot of people in that field are getting raises. american saairline pilots receid a 23% pay hike and united got a 16% raise and 30,000 ground workers will get a 30% wage increase over five years. the hefty pay raises are coming after employees at all major u.s. carriers endured years of pay cuts an layoffs and bankruptcies. three u.s. airlines were fined for providing inaccurate information. alaska and united and american did not tell flyers about how much money they could receive for being bumping off a flight against their rule. under government rules they are eligible for lost, damaged or

delayed flights or luggage. and still to come, an image of a baby and a state troop ser going viral. the trooper explains why he felt he to go above and beyond the call of duty. >> i'm spencer christian from the exploratorium camera -- that is the downtown camera and you could see southward and the bay area and it will bring us clouds overnight. i'll have the forecast coming up. let's go out to marin now. you are looking at what it looks like on 101 in san rafael. it is busy but moving along with no problems at all there. stay with us. abc 7 news at 4:00 continues in i know what we can do. what if papa tells us some stories? oh i don't think so...

oh come on dad you have great stories, come on. well okay. you kids know how your grandmother and i met? not that one, skip. what? just next. swipe. i used to collect marbles when i was... next haha. thanks. swipe. get high speed internet from at&t with over 99% reliability. at an everyday price with no extra monthly fees. keep calm, you internet's on.

the oil companies pollute our air. putting their... ...profits ahead of our kids' health. now they're trying to weaken california's clean air laws. i'm tom steyer. we've had a million kids get asthma. we need to send the oil companies a message. tell your legislator to stand up to the oil companies and protect our clean air laws. don't let the oil companies put their profits... ...ahead of our kids.

the noints is going nuts over trooper who responded to a traffic stop and found a baby covered in vomit. we told you about the trooper who took the 1-year-old baby back to the station and once there the trooper cleaned up the baby and wrapped him in a towel and watched him until child protective services could arrive. today we're hearing from that trooper. >> as a father myself, i couldn't let it just sit in its ownurine and feces and vomit and draw a bath in the sink at the detachment and able to clean him up a little bit and get him feeling better. >> look at that sweet picture and the smile on both faces.

the baby's mother faces drunk driving and the child is with a legal guardian. colonel sanders secret recipe was revealed this week but today kfc is saying not so fast. the recipe published in the chicago tribune is not authentic. the colonel's methu accidentally revealed what you thought was the secret blend the herbs and spices in the chicken. the kfc said the original hand-written recipe from 1940 by sanders is locked up in a digital safe. it is in cased in two feet of concrete and monitored by surveillance 24 hours a day. now your accuweather forecast. >> my forecast is no secret. let's start with live doppler 7 hd. we have sunny skies over the bay and inland. we have the advancing low clouds and fog at the coastline. tomorrow statewide, mild to warm conditions in interior sections of the state. look for highs of 91 at chico. 88 in yosemite. 96 in chico, in palm springs,

101 and showers may fall in the desert tomorrow. in the bay area, mainly sunny skies in the afternoon after partly cloudy start in the morning. highs from 61 at half moon bay to low 70s right across the bay on the east bay shoreline. inland east bay is the mildest region of the bay area with highs in the low to mid-80s. we'll see mid-70s in the north bay and upper 70s down south, san jose a high of 77. here is the accuweather seven-day forecast. and we'll have a nice and pleasant stretch of weather over the next seven days. mainly sunny afternoons with partly cloudy mornings and overnight. a bit cooler than average for this time of the year than waiting for warmth, you don't have long to wait and september is around the corner. >> thanks, spencer. and still ahead at 4:00, new rules about zika and the changes for u.s. blood banks. plus -- >> the thing so remember with noise exposure is it is cumulative. >> why making some noise could do more long-term damage

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so, stop taking victoza® and call your doctor right away if you have severe pain in your stomach area. tell your doctor your medical history. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are headache, nausea, diarrhea, and vomiting. side effects can lead to dehydration, which may cause kidney problems. now's the time for a better moment of proof. ask your doctor about victoza®. now to your voice, your vote, the nominees are taking a break from the campaign trail and a rest from the escalating rhetoric of personal attacks. abc news reporter lorna zack has

the latest. >> reporter: the vice president pick warned against the nasty tone on the trail. >> when you start dividing people up, either blame game or name-calling, then all of a sudden you find you can't solve your problems because you are not letting everything be all it could be. >> in the last few days hillary clinton and donald trump are competing for minority voters and trying to paint the other as more racist. >> hillary clinton is a bigot. who sees people of color only as votes. >> this is someone who re-tweets white supremacists online, like the user who goes by the name white genocide tm. >> and they are fighting against the xenophobic narrative and this week trump changing his language around narrative. >> you can't just say boom, you're gone. >> and trump posed a bath for legalization but the trump campaign added a build the wall

t-shirt to their online store. >> we need the kind of leadership -- >> and in just 73 days, one of the two candidates will be elected president. the white house saying that president obama is already focused on the transition, taking his cues from president bush. >> president obama and his team is determined to live up to and over the course of the year you have seen a steady pace of preparation already underway. >> reporter: and it was announced today that president obama will be campaigning for clinton in pennsylvania and vice president biden will be campaigning for her in ohio. both major swing states and both states that were won by obama and biden in the last two elections. lorna zack, abc 7 news, washington. trump campaign has now hassize own mobile app. it has unveiled the america first application but they are concerned with the data collection techniques. the main issue is the app gives them your personal data and your contact info.

the privacy policy in hillary clinton's app said it only collects your personal data. tonight is the 49ers third preseason game and we'll finally see colin kaepernick back. he's dealing with a shoulder injury and now competing for the starting job. this week head coach chip kelly was asked if kaepernick still has a chance to earn that spot. well, he didn't like hypotheticals and would not comment. tonight's game is at 7:00 p.m. and you could watch the 49ers take on the rams for the tickoff of monday night football and watch the espn production here on monday september 12th at 7:00 p.m. as we gear up for football season, it is exciting to hear the loud cheers of the crowd. it is all fun but experts worn that noise could seriously damage your hearing. fans will get an earful when the vikings kick off at a brand-new stadium this weekend. metallica played in that stadium last week with nearly 50,000 screaming fans and some

complained about the noise level. but it is not necessarily the music. the stadium has acoustic reflective material on its roof. a hearing expert said this means noise levels during a game or concert could be ten times louder. >> the thing to remember with noise exposure is it is cumulative. so after several decades of any concerts, football games, you could wind up with permanent noise i induced hearing loss. >> doctors say a normal conversation is around 60 decibels and more could reach around 90 and anything over 85 is potentially harmful. all u.s. blood banks are required to screen for the zika virus. today the food and drug administration order is intended to protect the blood supply from the mosquito-borne disease. it was limited to blood centers in areas with active zika transmission like puerto rico and two florida counties. u.s. pharmacy sell cigarettes for less than in

other stores. >> and exercising first thing in the morning may help kids focus in the morning at school. >> cigarettes are cheaper for the very place to fill prescriptions. pharmacy are 7% of the 380,000 tobacco retailers nationwide and convenience stores sell more cigarettes but pharmacies offer them at cheaper prices. cash may convince smokers to quit. researchers in switzerland paid people $100 if they quit smoking for week. some got as much as $1,600, which is the maximum amount in the study. they did find that it reduced smoking rates. baby simulator programs may make team girls more likely to become pregnant. a study said it is one thing for a program to not work but this one had total opposite effect. the researchers sum mize that the teens became attached to the fake babies since they participated in the simulator program, teen girls who were

more likely to get pregnant and keep the pregnancies. >> and exercise before school could help kids focus on class. when young children took physical education as their first class of the day they followed instructions better and quietly at desks for on-task behavior. from nasdaq, i'm jane king, here's to your health. hundreds will lace up their walking shoes tomorrow for a very good cause. it is the friends of faith walk and run. this is the video from last year. it was named after faith, a former reporter at ktvu. she died in 2003 after a long battle with breast cancer. carolyn tyler was her good friend and is one of the founders of this organization. money raised at the event helps uninsured or under-insured breast cancer patients in the bay area. join the walk tomorrow or just donate, we have a link at abc7news.com. i've done that for me years and it is a fabulous day. the weather will be perfect. >> and abc 7 news at 4:00 does

continue. coming up, a scary new twist in the fight against eviction. >> told me i had to be out in 60 days. >> but instead of fighting, one woman said she's avoiding the blacklist and is simply moving away. her story and how it could effect you. >> and kristen is here with what is coming up at 5:00. >> twitter comes up with a plan to combat online harassment and find out what it is. >> and plus this devil captured in northern california. and a castle coming back to life in berkeley. these

well at least he's wearing shoes. well done champ. get gooey, flaky, happy. toaster strudel. ♪ ♪

7. shark tank at 8:00, that is followed by what would you do at 9:00. then a special 20/20 on at 10:00 and be sure to join us for abc 7 news at 11:00. if getting evicted from your apartment isn't bad enough, in the bay area, and across the state, fighting eviction could

ruin your credit and put you on a tenant blacklist and that is if you win. abc 7 news anchor eric thomas has the story. >> reporter: denise and her daughters live in el cerrito hills. it is nice but not as close to work as her old apartment here in outer richmond, the one she was revicted from a year ago. >> told me i had to be out in 60 days and then that notice they threatened that if i did not leave, they would file an unlawful detainer action against me. >> reporter: that is a legal first step toward forcing a renter out but denise is an attorney and thought she had a good case for blocking the eviction. she found out otherwise. >> if i didn't prevail in 60 days, my name would go on this blacklist. and i would basically be barred from renting again or my credit would be destroyed for seven years. >> reporter: that is right n. california you could challenge the eviction in court but if there is no resolution within 60 days, your name goes on a list maintained by companies with

list like the registry and rent check. landlords check these sites before they rent and often refuse to rent to people on them. and it doesn't matter whether you win or lose your lawsuit. assemblyman david chew of san francisco has introduced a bill to change that. >> our bill said that your name can't be placed on one of the lists until the end of the resolution of the case. >> reporter: the bill squeaked through the legislator by one vote in each house. it is now on the governor's desk. landlords are lobbying hard for a veto. the president of the small property owners of san francisco sent us an e-mail reading in part, many offous members have only one rental, often in the same building where we live. we need to be able to access full credit information as any other business. but for denise barton, the experience has been so painful, she's moving out of the bay area. eric thomas, abc 7 news. well that is going to do it for this edition of the abc 7 news at 4:00 on this friday. we thank you for joining us today. i'm ama daetz.

abc 7 news at 5:00 begins right now with dan and kristen. a man beaten after taking cell phone pictures on market street. only on abc 7 news, the story behind this violent confrontation over something millions do every day. and a father charged with murdering his baby and tonight the detail that are almost too much to bear. and due guard versus the government and a judge decides the question of accountability. and the fire devil captured in northern california. i'm meteorologist sandhya patel. a mild day around the bay. but much cooler weather is on the way. i'll have the wrk foreca-- the forecast coming up. a man said he was beaten up for taking pictures of this san francisco accident and we have the video to prove it. this crash on tuesday happened when a crab driver jumps the curb on market street at sutter. good evening. i'm dan ashley. >> and i'm kristen zse. thank you for joining us.

one man who was hit is in critical condition. the other a shoe shine man recovered enough to talk with abc 7 news reporter melanie woodrow from the hospital bed yesterday. today melanie, you spoke exclusively with another man who was injured right after the crash? >> reporter: kristen and dan, peter mueller was doing what a lot of us do these days when we see something, he was taking a picture with his cell phone. three people nearby for some reason didn't like that and now all three of those individuals could be facing misdemeanor battery charges. moments after a cab jumped the curb on tuesday, you could see dozens of people on the corner taking pictures and video. >> i was curious and i wanted to check it out. >> reporter: peter mueller was one of them. >> i think it was just two pictures and all of a sudden i had this girl in my face yelling and screaming at me and honestly my first reaction was, excuse me, what? >> reporter: initially mueller

said he walked away and then walked back. that is where this video picks up. could you see a heated verbal argument. at first the man pulls the women back and that is when mueller said one last sentence turning away again. >> to get his girlfriend out of my face. >> when he did, the man punched the back of his head. >> i'm still in shock about it. at what point does it become okay to attack someone for taking a photo. >> reporter: a shoe shine man whose hip was broken spoke to abc 7 news from his hospital bed. >> it could have been worse. >> as police responded to the cab accident, other people were responding to the fight. one of the women continued kicking mueller, even as he pinned the man to the ground. as mueller called for help, the person taking this video went downstairs. >> and i hear someone say, i have a video and i said, oh, my god, thank you. >> reporter: muleir took this picture of the three people cuffed. san francisco police say they were cited for misdemeanor battery and released. mueller has scrapes on his arm and he said he has