announcer: now from abc 7, live breaking news. >> after seven full days of deliberations, the verdict is in for the federal case against former theranos ceo elizabeth holmes. in the past hour, the jury convicted her on four counts. the four accounts she was found gifted -- guilty of involve defrauding investors, but she was found not guilty on four other counts involving fraud against patients and they were deadlocked on three counts. >> here's a look at the breakdown. count one, guilty of conspiracy to commit wire fraud against investors. count two, not guilty of conspiracy to commit wire fraud against patients. count three through eight were wire fraud against investors. of those counts, 3, 4 and five, the jury could not reach a verdict. counts 6, 7 and eight, found

guilty. count 10, not guilty of wire fraud against patients. count 11, not guilty of wire fraud. good evening and thank you for joining us. i'm, days. >> i'm dan ashley. stephanie sierra was covering the trial and was in the courtroom as the verdict was read. she is live. reporter: there was a hug was as of relief as the judge was reading off the verdict, convicting elizabeth holmes of four counts of fraud, including one count of conspiracy. three of those pertaining to specifically investors. these jurors were closing in in more than 50 hours of deliberations, most of the 12 jurors were staring directly at elizabeth as the verdict was being read, many of them with no expression and we have seen the fallout throughout the trial.

jurors are required to wear masks, so it is often hard to get a read, but today felt different. today you could feel a sense of relief. elizabeth's family was present as they have been throughout the trial including her partner, billy evans. i was sitting right behind them. they were holding onto as this . you could see behind me, they are closing the courthouse as we are just after 5:00 now. i want to talk a little bit about what happens next. elizabeth is about to walk out a federal court any moment now. you can see the group of press behind us as we are awaiting her leave. i want to point out she will not be immediately taken into custody. at this point, the next battle will be sentencing at the probate court will have to interview holmes, be recommendations to the judge for the terms of her probation

before holmes is sentenced. she faces up to 20 years in prison for each four counts, at that point, we do know the average sentence for wire fraud cases is around 21 months. so it is still unclear at this point what her sentence will be. we are not going to know that for a while given the sentencing hearing could be two months from now. as far as other penalties she could face, there's a $250,000 fine for each count and also a requirement for forfeiture. this means holmes will be required to forfeit any money she obtained engaging in this fraudulent activity with those investors back to the government. finally, there will be three years of supervised release, which means elizabeth holmes will need permission to leave the state. at this point, i want to talk a little bit about that feeling i

mentioned earlier in the courtroom, that sense of relief. it really spoke to the work of the prosecutors throughout this four month trial. they have deliberately made a very strong case that elizabeth holmes made a choice, and that her choice was to lie to investors, patients, and companies. what we learned today is the jury certainly found that to be true for the investors. all of the not guilty counts pertained to patients. dan: yes. i think that's very interesting and in some ways, telling, the not guilty verdicts all pertaining to the counts that involve defrauding patients, but the ones involving investors, she was found guilty of. is there any sense at all -- i know it is very early -- as to whether the prosecution will

want to retry or take her to court again on some of these charges where there was either a not guilty verdict or no verdict at all? reporter: it is a great question and it is very possible. i do want to bring in our legal analyst michelle hagan, who is joining us now. michelle has been in the courtroom every day of this trial. dan and i were just discussing the possibility of elizabeth holmes getting retried on some of the counts she was found not guilty of. government to decide whether or not they will retry, but given the amount of guilty verdicts and the exposure she is facing, they may not further -- pursue trying those counts where they were undecided. reporter: and you pointed out that it would have to be at least seven or more of the jurors? >> if they evaluate there's enough evidence to retry her, it is up to the government to make that call. reporter: i want to talk briefly about the investor counts,

specifically the counts she was found not guilty on, those three investors, four counts in total. from all the evidence you have seen revealed throughout the trial, and you described as a mountain of evidence, did any of that surprise you for those specific counts where she was found not guilty? >> i don't know why they found that, but generally when a jury decides and come back not guilty, they think there's not enough evidence to show. they have reasonable doubt. in federal court, the jury has to be firmly convinced of her guilt. if they are not firmly convinced, in other words, was there enough evidence to support those elements? that was their decision. they found her not guilty on three of those. reporter:reporter: we talked about the average wire fraud sentence being around 21 months. she faces up to 20 years. what are your thoughts? >> we will call it enhancement or aggravation, the exposure she's looking at is the amount

of money that was defrauded. if you add up the investor, the amount of money the investors were defrauded, it's about $144 million. that's a significant amount of money and that will increase to give her more time in 21 months. reporter: thank you for your time. i do want to point out again, that 150 $5 million was the amount of all the money lost pertaining to the six investor counts. and we learned four of those, the jury certainly believed throughout the trial. much more for you coming up tonight at 6:00. in san jose, stephanie sierra,-. abc 7 news. dan: thank you. four months of trial in seven days of deliberation has come down to this. get caught up on the entire case with the podcast called "the dropout," hosted by abc news chief business and economics

technology editor rebecca jarvis. ama: big development about covid-19. french scientists report a new variant traced to cameroon. booster shots for kids ages 12 to 15 could be available on thursday. the fda authorized them today. ac/dc advisory panel will consider the issue on wednesday. we are being urged to ditch the cloth masks for surgical models that health officials say are more effective against omicron. doctors say surgical masks like n95's include a filter layer made from plastic that can trap small particles. dan: in the bay area, counties are reporting an increase of cases after the holidays. . that was the fear and expectation. luz pena is part of our vaccine team and spoke with medical experts about what the increase means compared to last winter. she's in the newsroom. reporter: this is a winter surge and the numbers we see reflect the concern medical experts have

anticipated for weeks. we are seeing more people get tested, but according to experts, the number of infections could be higher since many are getting tested at home. california is in the middle of a winter surge. the last time we saw numbers this high was a year ago. >> it's alarming having rising case numbers, it is not good. but having not rising hospitalization rates is good. what that speaks to is a decoupling between cases and hospitalizations. the omicron variant is milder, it causes less severe disease. reporter: a covid testing company is seeing an influx of testing across the bay and reporting and 90% cut -- positivity rate in multiple cities across the bay including in san francisco's mission site. >> we are seeing numbers doubling per week. reporter:reporter: more than a thousand people are getting tested a day at this site. >> at those numbers, the latin

community is testing positive at 31%, which is higher than the 19% average in other places. reporter: as covid cases increase, epidemiologist dr. george rutherford leaves we need to focus attention on hospitalizations to understand the real impact this surge could have. >> for right now, we are well within our capacity. reporter: state data shows over 7000 people hospitalized in california with covid-19. in san francisco, the chief of the emergency department at san francisco general hospital is starting to see the increase firsthand. >> we are up considerably. we were down to five or six in the hospital and now we are up to 20 in the hospital with five in the icu. reporter: nationwide, more than 100,000 are hospitalized with covid-19. the first time in nearly four months, some testing positive after being treated for other medical reasons and not necessarily getting admitted for covid-19.

according to the latest state data, the majority of cases are among the unvaccinated population. california's department of public health reporting those who are unvaccinated are over five times more likely to get covid-19 and 15 times more likely to die from covid. in the newsroom, luz pena, abc 7 . ama: thank you. getting a covid test at kaiser's facility in south san jose is proving to be anything but easy. we noticed a short left-hand turn signal leading to the drive-through testing area contributed to the gridlock. a family of seven told our videographer that they had been in line for three and a half in line for three and a half hours and that was before they after my car accident, in line for three and a half hours and that was before they i wondered what my case was worth. so i called the barnes firm. when that car hit my motorcycle, insurance wasn't fair. so i called the barnes firm. it was the best call i could've made. atat t bararnefirmrm, our r inry a attneysys wk hahard i could've made.

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ama: a new year's outlook on interest rates. new protections for medical patients and changes to tracking your credit score. dan: michael finney is here with the latest on consumer headlines. reporter: there's a lot going on. the new year brings with it a new year to track your credit. equifax says by the end of next month, it will be including in its reports the popular by now, pay later plans. small loans have been excluded from credit reports. now those who pay each month will get good marks on their credit report and those who missed payments will have their scores changed -- dinged. these plants have become extremely popular and took off this past holiday season. although they are offered in brick-and-mortar retailers, you probably most often see them when you are shopping online. this year also comes with new patient protections. if you have a medical emergency, out of network hospitals and doctors will no longer be allowed legally to charge you the higher out-of-network rate.

millions of americans who suffered medical emergencies also suffered a financial one went out-of-network providers would send along another set of bills for the out-of-network citizens -- services. studies found as much as 20% of emergency room bills are being treated with these. i new bill from congress will save consumers billions of dollars a year. finally, this is the time of year bank rate.com makes predictions on how much credit will cost us this year. the news is not good, but it's not all that bad either. bankrate.com says mortgage rates will rise during the first half of the year. they expect it to reach 3.75%. then fall back to around 3.5 percent in the second half of the year. . those are still great rates by historical standards. credit cards will cost us more, but not a lot more.

rates are expected to fall just shy of 17%. what will banks pay you for your money, you might be asking? not much. the chief financial analyst says don't bet on it. a one-year cd will on average earn just more than one third of a point. savings accounts, one third of that. so about we will need to look somewhere else. dan: funny how much more proud they are of their money. [laughter] ama: thank you, michael. dan: coming up next, increase activity on the statewide system known as ca notified. what you receive -- should know if you receive a notification about possible covid exposure. ama: after more than two and a half years, there's a new return half years, there's a new return family is just very important. she's my sister and we depend on each other a lot. s rock of the fami. she's the person who holds everything together.

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ama: if you have received an alert on your smart phone letting you know you are exposed to covid, you are not alone. the alert system has been around for more than a year, but experts say with the omicron surge, and edification's have increased. set point tests x -- zach fuentes explains what to do if you get one. voluntary smartphone tool that lets you know if you spent time there someone who tested positive for covid. >> this fall, particular during the holidays come on average, every positive exposures generated eight to 10 anonymous notifications. reporter: dr. chris longhurst is the chief medical officer at uc san diego health. the state contracted them to help develop ca notified. >> many people have forgotten that they have it turned on on their phone but more and more people are receiving them. reporter: youreporter: have to add ca notified to your phone. if you have an iphone, it's a matter of activating it. if you have android, you have to download the app. your phone shares anonymous codes with other people who have ca notified within 16 feet of

you within 15 minutes. if one of those people test positive and share the result with the app, you will get step-by-step instructions on what to do next. along with first getting a test, it may tell you to quarantine for five days if you think the exposure it is alerting you to israel. >> getting that alert on your phone does not always mean you had a true exposure. you may have been in a setting with a mask or you knew the other individual was already positive and you knew this. reporter: ca notified is not gather information like your name, contact information, location or identity of people you meet. >> we don't have the ability to track metrics at the individual level, only population level. however, we are getting lots of stories from individuals who received a positive exposure alert, did not have a known exposure, but when tested, lo and behold they found out they were positive. if they had not tested, they would have continued the cycle of transmission. reporter: in the south bay, zach flynt has, abc 7. dan: new details, a federal judge in san francisco

overseeing probation saying the utilities killing people every year with wildfires. the u.s. district judge today presided over a hearing into potential probation violations by pg&e. pg&e is defending itself against charges in connection with wildfires in 2019 and 2020. the utility's five-year crime -- criminal probation for the deadly san bruno explosion is set to expire this month. he says he will consider extending the probation if he is legally allowed to do so. ama: happening now, the wet weather has returned. this is a live look at the conditions in downtown san francisco from our camera at the exploratorium. dan: here we go again. . for details, let's go to spencer christian. spencer: light rain so far but heavy enough to complicate the evening commute. here's a look at live doppler seven. you can see it is not widespread at the moment. there are spots that are pretty wet.

across the bay to berkeley and emeryville, pretty wet. further east, wet weather along highway 24 through lafayette. we went in some spots and not so wet in others. currently 53 degrees in san francisco and all the other locations, about 52 degrees. a light traffic flow, a good thing. temperature readings, 53 degrees, not much of a range. here's the view from emeryville where you can see traffic is moving along pretty well even with wet road conditions. brief period of afternoon and then another round of wet weather wednesday.

light intensity through tonight,. so of light showers, breezy conditions. the highest amounts of rain through the north. notice how showers taper off in the early overnight -- overnight and early morning hours. by late morning and mid-day, probably no more rain at all. there will be snow in the sierra. a winter weather advisory :00 a.m. three to 10 inches above 8000 feet. milder overnight period then we had over the weekend. . highs tomorrow mainly in the mid to upper 50's. we will resume the forecast 5:00 tomorrow morning and then by wednesday, a north bay event. another period of drying thursday before a little more vigorous storm, a more robust one comes in friday which will produce more rainfall and snow in the sierra. here's the accuweather 7 day forecast.

level 1 storm on wednesday. that gives way to a little bit of a drying break thursday, although it might not be very sunny. light rain again on friday and saturday with scattered showers and a period of drying likely over the weekend as well. it will be pretty mild and a couple days temperature wise, getting cooler toward the end of the week. dan: new details tonight about the highly anticipated return of warriors star klay thompson. espn is reporting tonight there is optimism fans can see him as soon as sunday. that's when the warriors are scheduled to host the cleveland cavaliers. a final decision is expected once the warriors returned from a road trip friday. we have not seen thompson play in more than two and a half years when he tore his acl during the 2019 nba finals and then tore his right achilles in november of 2020 during a workout, a double whammy.

dan: a reminder you can get our live newscast, breaking news, weather and more with our new bay area app on apple tv, android tv, fire tv and roku. search abc 7 bay area and downloaded as soon as you have a

moment. tonight, the ama: to $540 million. person could choose between a lump sum of $384 million or get the entire $540 million in 30 payments. thoughts of winning are not great come about one in 292 million, but folks at a 7-eleven in daly city say they are hopeful and if in, they will share. >> if i get lucky, we might be risch -- rich. >> help my family out, probably help a lot of people out with that kind of money. i'm not trying to keep it for myself. >> find what i need and help a lot of other people. ama: you have to love hearing that. the last time someone won the powerball jackpot was on october 4. tonight's drawing is 7:59 and don't forget to download the app to get a push alert notification. dan: good luck. "world news tonight" his next. dan ansley. ama: i'm ama daetz.

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tonight, several breaking headlines as we come on the air in the west. a verdict just in in the elizabeth holmes trial. also on the pandemic tonight, the fda with news on boosters for teens and for adults, too. how soon should you now get boosters? the fda today authorizing those booster shots for children 12 to 15, just as millions of students return to school. the fda now also saying teens and adults who got the pfizer vaccine should get the pfizer booster after five months, not waiting six months. tonight, schools in new york city remaining open, with a new mayor vowing to keep them open. several major cities, though, including atlanta and cleveland starting the new year by returning to remote learning, at least temporarily. so, what is the answer? with the u.s. now averaging 400,000 new cases per day. dr. jha standing by to answer your quest