karaok right now on "america this morning," jury seated. the landmark trial of three men charged in the killing of ahmaud arbery about to begin. but this morning, questions about the nearly all white jury. the judge finding intentional discrimination. what arbery's family is saying about their chance for justice. democrats hold on to the new jersey's governor's seat barely. the victory speech overnight despite growing fallout for democrats after huge losses tuesday night. what speaker nancy pelosi is now saying about paid family and medical leave. sidelined, packers star quarterback aaron rodgers tests positive for covid amid how he described his vaccination status and claimed he received special treatment

when it came to safety protocols. how the packers are responding. plus, a cancer patient attacked by a bear in her own home describes her terrifying kitchen encounter. are sick days a thing of the past? how pandemic has changed the culture of calling out. the battle over prosecco to the survey revealing america's number one take-out food to the question about tony soprano answered. did he end up sleeping with the fishes? ♪ woke up this morning ♪ good thursday morning, everyone. we begin with a murder trial about to begin in georgia. it's being called a major test for racial justice in the deep south. >> three white men are going on trial for the killing of ahmaud arbery, an unarmed black man shot while jogging near his home last year. a jury has now been selected. >> questions are raised because nearly all of the jurors chosen

are white. here's abc's andrea fujii. >> reporter: this morning, a jury has now been seated to decide the fate of the three white men accused of killing ahmaud arbery. after more than two weeks and heated debate, the final jury will include 11 white people, most of them women and one black man. arbery's aunt upset with the racial makeup of the jury. >> i wasn't surprised. that's just some of what we've already been facing in this case, just another part of the injustices that we see here in glen county. >> reporter: race a key issue in jury selection after the prosecution accused the defense of purposely blocking black jurors. of the 48 potential jurors, one-fourth were black but the defense claimed some of the poe pension black jurors had already formed opinions on the case. the judge acknowledging there appears to be intentional discrimination in the jury selection process, but he added that since the defense's arguments were reasonable, he couldn't discredit them.

the case sparked national outrage last year after arbery was killed while jogging unarmed near his home. >> ahmaud was not committing a crime the day that he was killed, you know, i mean, he wasn't doing anything wrong. >> reporter: prosecutors say gregory mcmichael and his son in his truck when travis started chasing him and william brian joined in and started recording allegedly showing travis shooting arbery three times after a brief altercation. they say they were trying to make a citizen's arrest. arbery's father says whatever the racial makeup, that cell phone video is all they need for a conviction. >> i don't care who they chose. that's why i'm leaving it in god's hands. >> reporter: all three men face multiple charges including felony murder and all have pleaded not guilty. opening statements are expected tomorrow. mona, andrew.

>> andrea, thank you. new overnight democrat phil murphy took a victory lap after barely squeaking out a win to hold on to his job as new jersey's governor. his race just one of the many wake-up calls for democrats tuesday night including that big win for republicans in virginia. so, what's the fallout, and how will democrats and president biden respond? abc's ike ejiochi is here now with more. ike, good morning. >> reporter: good morning, andrew. president biden says this defeat sends a clear message to democrats that people want the party to get things done. this morning, a slim victory in new jersey. >> thank you, new jersey. >> reporter: incumbent democrat phil murphy narrowly beating republican challenger jack ciattarelli. murphy renewing a promise to new jersey residents. >> whether you voted for me or not to work every single day of the next four years to keep moving us forward. >> reporter: but now a democratic victory overshadowed by the stunning democratic loss in virginia. voters now choosing businessman glenn youngkin as their next governor, a man who tapped into the frustration with covid

regulations and the relationship between parents and schools vowing to ban critical race theory, a subject not taught in virginia or any other public school. youngkin on a victory tour thanking former president trump on fox news. >> the president made a call and asked everybody to get out and vote. >> reporter: the republican victories reverberating through democratically controlled washington where democrats are self-reflecting on their inability to pass president biden's build back better agenda. >> we have to just produce results for them to change their standard of living and give them a little more breathing room. >> reporter: democratic lawmakerses are racing to finalize the details of the $1.75 trillion spending package. speaker pelosi confirming paid family and medical leave are now back in the bill setting up another clash with moderate senator joe manchin. >> now we're talking about expanding something we can't pay for now. >> reporter: senate democrats blaming themselves. >> only in washington could people think that it is a smart

strategy to take a once in a generation investment in infrastructure and prevent your president from signing that bill into law. >> reporter: now as of right now speaker pelosi is pushing a vote on both the bipartisan infrastructure and the social spending package by the end of the week. andrew. >> all right, a lot more to come. ike, thank you. president biden is denying reports that the government plans to give families forcibly separated during the trump administration at the border $450,000. during an event yesterday he called reports about the individual payouts, quote, garbage. he did not go into any details about possible financial settlements. authorities are sounding the alarm about the threats that drones could pose. a new intelligence bulletin reveals a modified drone was found next to an electrical substation. homeland security says it was likely meant to damage transformers or even power lines. abc's gio benitez reports

the drone was apparently modified on purpose. >> reporter: federal officials say whoever was behind this removed the camera, the memory card and all markings in an effort to hide their identity. >> the drone did not cause any power disruptions. a new pentagon report, meanwhile, says china is rapidly expanding its nuclear arsenal and could have 1,000 warheads by 2030. that's much faster than the u.s. had anticipated. just last month china tested a nuclear capable hypersonic weapon. joint chiefs chairman mark milley's calls their efforts, one of the largest shifts in power the world has ever seen. turning to the pandemic, there's growing controversy now that green bay packers aaron rodgers has tested positive. they say he was given special treatment and allowed to ignore safety protocols. this morning, new fallout for the nfl now that one of the league's top stars has been sidelined by covid. >> aaron rodgers is inside the pylon. >> reporter: aaron rodgers testing positive for coronavirus after indicating that he was

immune to the virus. >> yeah, i've been immunized. there's guys on the team that haven't been vaccinated. i think it's a personal decision. i'm not going to judge those guys. >> reporter: before the start of the season, espn sources say rodgers underwent an alternative treatment in liu of getting a shot. despite his treatment the league reportedly denied his petition to be treated like a fully vaccinated player and according to the nfl protocol, unvaccinated players are tested daily and must wear a mask all times inside club facilities, and it's up to teams to enforce the rules but sources tell espn the packers gave rodgers special treatment allowing him to go maskless during news conferences despite barring other players because they didn't have their shot. the packers head coach insists the team followed all the rules. >> it's unfortunate and it's not like this thing can't happen to anybody. it's happened to a lot of people outside of this building. >> reporter: rodgers is now in quarantine forced to sit out sunday's game against the chiefs. >> i'm just hoping that he's healthy and he can get through

it. i mean, covid is a scary deal. >> reporter: it comes as the u.s. now marks more than 750,000 deaths from the virus. in colorado a covid resurgence has hospitals nearing capacity. the governor now allowing them to turn away patients if necessary and in arizona -- >> right now a very small percentage of people are actually wearing the mask. >> reporter: this elementary school without a mask mandate has been forced to shut down after an outbreak infected more than 40 students and teachers. as for the vaccination of young children, cvs will begin accepting appointments for pediatric vaccines on sunday, and by the end of this week the white house website will list locations providing shots for kids. time now for a look at your thursday weather. northern michigan gets a break from the snow today. some areas got 11 inches this week. a single day record for november but there will be lake-effect snow today across western new york and parts of pennsylvania. on the radar the rain and snow continues today in the pacific

northwest. the stormy conditions will stretch into the northern rockies. and checking today's high temperatures, nearly 70 in denver but only in the low 50s in atlanta. chilly in the northeast this morning but 83 in miami today. coming up, finally some good news about gas prices, sort of. also ahead, what we're learning about the husband of the woman killed in the alec baldwin movie set shooting. and later, the legal battle bubbling up over prosecco.

back now with a beautiful sight. a welcome home sign for a 4-year-old girl, cleo smith who was returned to her family nearly 19 days after police say she was abducted from a campsite in australia.

people in her hometown are celebrating with signs and balloons. a 36-year-old man living nearby who was not known to the family has been arrested. he reportedly raised spng while buying diapers even though he wasn't known to have children. back in this country some encouraging news about gas prices. analysts say prices appear to have stabilized and they should remain steady as long as the cost of oil remains in check. oil prices fell yesterday. right now american drivers are paying an average of $3.40 per gallon for gas. the husband of the woman killed on the set of alec baldwin's movie "rust" has hired a lawyer specializing in wrongful death cases. it comes as investigators work to determine how live bullets ended up in the prop gun that killed halyna hutchins. crew members are fiercely denying that it may have been sabotage, a claim made by a lawyer for hannah gutierrez reed, the armorer on set. >> we're afraid that could have been what happened here, that somebody intended to sabotage this set with a live round intentionally placed in a box of

dummies. >> can you even imagine that this was an act of sabotage? >> no, god no. nobody would do that, especially in the crew. we're all friends and we all have become so close, it's absurd to think of that. >> the lawyer did not provide any evidence to support his sabotage theory. police say former nfl wide receiver henry ruggs iii was driving 156 miles per hour before a deadly crash in las vegas this week. they say his corvette slammed into an suv killing a 23-year-old woman. he's charged with dui and reckless driving and was released by the raiders just hours after the trash. alaska airlines is eliminating all plastic water bottles and cups on its flights. it will now serve boxed water and will use paper cups. the company says the change will save nearly 2 million pounds of plastic per year. a battle over prosecco bubbling up in the italian of trieste. some croatians want to expand the market for their wine named prosekar.

italian makers are trying to block that move saying prosecco is a protected brand name linked to a special area kind of like champagne linked to france. >> all right, coming up, a new problem when it comes to online shopping this holiday season. also ahead, we hear from the cancer patient who survived a bear attack inside her home. why hide your skin if dupixent has your moderate-to-severe eczema, or atopic dermatitis under control? hide our skin? not us. because dupixent targets a root cause of eczema, it helps heal your skin from within, keeping you one step ahead of it. and for kids ages 6 and up, that means clearer skin, and noticeably less itch. hide my skin? not me. by helping to control eczema with dupixent, you can change how their skin looks and feels. and that's the kind of change you notice. hide my skin? not me. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe.

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a blow to the global supply chain in crisis mode. warehouses in the u.s. are running out of room. some of the shipping containers are being offloaded at the nation's ports but there's nowhere to store the merchandise. many warehouses say they are at or over capacity. that could mean more delays for consumers. the white house says it has a dashboard. it shows the number of containers at specific sports. the white house says more consumer spending will shift back to services and travel and away from goods, which should ease the crunch. a trial date has been set for mario batali. he is accused of forcibly kigsz and groping a woman. he will go on trial in april. a woman battling cancer is describing her ordeal after being attacked by a bear. it happened inside her own home. a california woman says she is lucky to be alive, after being mauled by a bear.

>> i should be dead, the way the bear swiped at my face. >> reporter: the 66-year-old is fighting stage 4 lymphoma. she was at her home on early saturday, when she heard loud noises in the kitchen. when she went to investigate, she found a large bear by her refrigerator. >> must have come straight at me. i have only a vision of the paw. it was dark. and then, i'm getting torn up. >> reporter: she suffered puncture wounds, cuts and bruises all over her body. the deep laceration on her face required stitches. she said she fought back, l throwing a quilt at the bear he left through the front door. she shared pictures of this bear on her property. this is the first time one has come inside her home. that's the third bear attack this year in the lake tahoe area. officials have set traps and are warning people to lock their doors and keep food covered. >> anything with the strong od

is the number one thing that attracts bears on to people's properties. >> reporter: luckily no one was injured when this bear broke into a home to ychow down onnnnn chicken. and a bear broke into this car, tearing the interior to shreds looking for food. recent wildfires and the drought have pushed more bears to search for food in populated areas. coming up, the number one takeout food in america and you might be surprised. ahead, a history surrounding ahead, a history surrounding the fate of one people today... they could spend half their lives over 50. so, it helps to have a wise friend and fierce defender like aarp. to help you take control of your health along the way. what's in it? i don't know. but it's green. green's good. whether it's your wellness... what are you in for? cholesterol check. cool. your brain health. or your endurance.

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answered. >> myself included. was tony killed at the end of the series. the creator david chase tells "the hollywood reporter" that he saw a little restaurant two years before the finale and thought, quote, tony should get it in a place like that suggesting, yes, tony was killed. >> ah, chase also said he had no idea the show's cut to black ending would cause such an uproar. yeah, yeah, yeah. well, next is the term sick day a thing of the past? >> website axios says sick days are disappearing from remote workers because people working from home say they feel more obligated to keep working even when sick because they don't have to go into the office or worry about getting others sick. >> one poll finds two-thirds of remote workers are less likely to take a sick day for a cold and 70% have recently worked while sick. next the new survey from uber eats revealing america's number one take-out food. >> it might surprise you because even though they often show up soggy and cold, french fries are number one. pad thai was number two.

>> the take-out website declared americans simply love ordering cold, soggy fries and orders for cheese fries are up 1200% since the pandemic. oh, come on. those are rookie numbers. going got to pump those numbers up. next three kids who made us smile and proved halloween isn't all about taking. >> look at this video from rhode island. the boys were trick-or-treating when they came across a bowl outside the house. it was empty. picked clean. that's when they decided it was their turn to give back. >> we should put some candy in pthere. >> no. >> yes. >> for other trick-or-treaters. >> look at that. >> one of the boys says he hopes the videos inspires others to do the same thing next year. and finally the hills have eyes. >> look at this sight. back in 2011 a lumber company planted a smiley face emoji made of trees known for their distinct autumn colors. >> they say the emoji tree will come back every fall for the next 30 to 50 years. >> emoji tree. >> emoji tree. shouldn't we just call

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here's a live look outside. mike is going to tell us how long the wet weather lasts. kumasi: a sweeping plan to require vaccines were testing for millions of americans. the new rules we are expecting president biden to reveal today. >> the death of an alameda county supervisor. while we have learned about the crash and how she being remember this morning. kumasi: and it is the end of an era for giants fans. buster posey expected to announce his retirement today. the tribute in one local paper. >> good morning. you're watching abc 7 mornings. >> we want to start with a check about rainy forecast. mike: wet commute this morning, that's for sure. the entire way for me. that steady rain you can see right now is moving into the eastern parts of contra costa and alameda counties.