>> building a better bay area, moving forward, finding solutions. this is abc 7 news. >> arrested by the city of san francisco years later because of dna from her rape kit in what has already drawn controversy across the country. one woman is taking her case against sfpd to court. i am ama daetz. dan: i am dan ashley. our reporter leads us off with jane doe, now seeking damages. jr: there are a major privacy concerns here about once it is gathered when it should and should not be used in cases. a federal civil rights lawsuit has been filed against the city of san francisco. police chief bill scott and other city officials over the

use of dna taken from a 2016 rape kit. >> one of the things the police asked her to do was to have a sexual assault rape test performed on her so she did that with the express understanding that it would be used to bring the person who victimized her to justice. six years later, officers show up at her door, knocking with an arrest warrant. j.r.: an attorney represents a woman whose dna from that rape kit linked her to a burglary crime. in 2021, she was arrested on a warrant for the burglary after a neighbor called in to report a domestic disturbance. that burglary charge has since been dropped. in march, phil scott addressed the issue. >> this was something that should not have happened. as far as we know, it is an oops ie. the problems have been identified and policies put in place to not have this happen again. j.r.: he believes his victim is

not the only one here. he says dna from rape kits dating back to 2015 were placed into a general database. >> we do not need to compile this database or have a google database of everyone's dna. j.r.: he says all of us should be concerned about this, not just those who have been accused of a crime. >> this is not just about, well, if a person committed a crime, that is the only reason they need to be worried. i want to ask them about their own personal information, banking, financial. her medical history. do we treat that the same way? are we prepared to allow the government to access any of that information stored in a database and use it as they see fit? j.r.: san francisco has since passed an ordinance prohibiting the police department or other city departments from storing dna profiles from crime victim reference samples. i spoke with the city attorney's office this evening and at that

point, they had not yet received the complaint. dan, ama, back to you. dan: new developments tonight and the gruesome beheading of a woman in san carlos. the suspect in this case, raphael, did appear in san mateo county court today but his arraignment was delayed. his lawyers asked for a mental competency exam. this means everyone is scheduled to be back in court tomorrow, where they will discuss appointing two doctors to do the exam. the attorney says this is prolonging the preliminary hearing. >> we don't believe this will allow him to go free. it isn't like suddenly, if you are not competent to stand trial, that you get to go free. dan: the family of the victim, karina castro, showed up for the hearing and left the courthouse in tears. this was the first time they saw the suspect since the killer. ama: scary details in the south bay where three women were injured during a morning hike.

a large oak tree fell on the group. it happened in san jose. the trail was closed for several hours after the rescue but has since reopened. fellow hikers tell amanda del castillo, while they are shocked to learn about the injuries, they are not surprised to hear a tree came crashing down. >> oh my god, look at that. intelet's: -- amanda: the two ce across sawdust, tree debris, and a sea of branches on either side of the trail. evidence of this scary morning seen. santa clara county parks officials confirm a large oak tree fell on three women before 10:00 a.m. first responders checked out the group on scene and then the three were taken to santa clara valley medical center with nine or to moderate injuries. >> that is truly a shame but i don't know if i am surprised or not. we have had dry weather. a lot of the trees are in distress. amanda: cynthia and other hikers

point to the ongoing drought doing little to anchor down the parks many oaks. >> i have had trees fall on me at other parts. it hurts. i don't know how bad it fell on them. the bad if they are in the hospital. amanda: park staff closed the trails to inspect the area. it was accessible by late afternoon. mckiernan says he heard about the accident and had to check out the area. what can you say about that tree? >> that was definitely about the size that i would think it would be to fall on someone and then not get out of the way. pretty big. the debris on the others with the leaves in the branches was a good 20 feet. amanda: whatever caused that tree to come down is still under investigation. in san jose, i am amanda del castillo, abc 7 news. dan: developing news that could make inflation even worse.

a potential rail workers strike could make the already slow supply even slower. tim johns with trouble on the tracks. tim: in just a few days time, many of the nation trains could be coming to an abrupt stop. it is due to a strike by freight rail road workers are tens of thousands of employees would walk off the job friday, a move that could have detrimental impact on the nation's economy. >> time is money so the delays and disruptions to supply chains can have a ripple on effect throughout these industries and related industries. tim: negotiations have been ongoing for weeks but a few sticking points remain. if workers end up striking, economists say both consumers and businesses will feel the pinch. 30% of all goods transported around the country are on freight rail. >> they have had to deal with

one thing after another. supply chain disruptions, inflation coming on the heels of pandemic and lockdowns, so this will be costly for them. it's estimated it will cost $2 billion a day. tim: it's not just supply chains. amtrak commuters could feel the impact. if train tracks like these continue to stay empty. even though amtrak is not going on strike. -- 21,000 miles of their tracks are owned by the state railroads so if the strike happens, those journeys would have to be canceled. chelsea shepard takes one of those to the bay every week. >> not at all. i had no idea. doesn't seem like anybody else around me. tim: without it, sheppard does not know what she will do. she says the inconvenience will be bad not just for her but her entire family. >> i don't have the type of vehicle where i can just drive 100 miles across. i rely on public transportation.

tim: in san francisco, tim johns, abc 7 news. ama: a crucial part of building a better bay area is improving our travel. today, a more connected transit network is now in service, from extending hours to adding trips. bart, caltrans, with new schedules. they will only have to wait nine to 16 minutes to catch a connection at the mulberry station. bart's changes will mean trains are better spaced apart to serve late-night workers and those trains earlier in the morning and adjusts for track maintenance. we have a full library of bart coverage to stream on-demand demand including our 50 year special right now through the abc 7 bay area streaming tv app, available on demand in the new and popular section. find the app wherever you stream abc 7 news. dan: san francisco's public works apartments will begin

shutting down street vendors who do not have permits. it is a story abc 7 news has been following for several months. street vending has increased in the mission district in the last 2.5 years. many of them raised concerns over what some say are stolen goods and drugs being sold. for months, residents and owners of businesses in the area have complained about blocked access. >> if you are selling goods on the sidewalk and street inspectors come up to you, we will ask to see one of the new vending permits. if they don't have one, they will have an opportunity to pick up their goods and leave. dan: the city has been processing vendor applications for several months. starting tomorrow, vendors who have not received a permit will have to prove they are in the process of getting one to prevent any further action. ama: a person died from monkeypox in los angeles county, the first confirmed deaths in california from the virus. few details are available but the person had been hospitalized

and was severely immunocompromised. there is only one other known death because of monkeypox in the united states. a person died in texas at the end of august. that person was also immunocompromised. dan: as santa clara county health officers rescinded their remaining health orders on covid-19, rolled back orders include vaccination requirements for workers in high-risk settings such as jails and the requirement for large health care system to provide covid-19 testing. even with these changes, health officers are still encouraging everyone to protect others by masking up and staying up-to-date on vaccinations and boosters. ama: offering school help online. california's sweeping plan for free tutoring up and down the state. dan: a vote to verify elon musk. the early signs are already in. ama: big wins across the board for abbott elementary. what one of its stars did after they won that is getting all the

buzz online. >> the possibility of showers. i am meteorologist sandhya patel . i will have the forecast, coming up. dan: a look at what is coming up tonight on jimmy kimmel live right after abc 7 news at 11:00. jimmy: i am back, like polio. >> you have the schedule of a kindergarten teacher but 1000 times easier and you get paid 2.5 million times more. [laughter] another busy day? of course - you're a cio in 2022.

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dan: happening now, a moving scene taking place in edinburgh, scotland. mourners are streaming into pay

their respects to queen elizabeth. tomorrow, queen elizabeth's casket will be flown to buckingham palace. nina p has more on the queen's to london. >> a full day of events ended with the royal family keeping vigil over the queens body. this after she was transferred in a somber procession with king charles and his siblings following the coffin on foot. >> stuff like that. just to say thank you. pay their respects. nina: this morning, his majesty made history, appearing before parliament for the first time. lawmakers on both sides of the coming together to pay tribute to the queen. >> she set an example of selfless duty which with gods help and your counsel's, i am resolved faithfully to follow. nina: king charles iii

officially welcomed to scotland with a ritual known as the ceremony of keys followed by a 21 gun salute. today, prince harry may the first statement since the death of his grandmother, celebrating her life, including the said when the queen met his wife and hugged her great grandchildren for the first time. he and his brother, william, along with catherine and megan, greeted mourners together outside windsor castle, a sign for some of reconciliation. >> i think it will bring them closer. nina: the queens coffin will be flown to london and then adorned with a crown and a wreath. abc7eyewitness news. dan: queen elizabeth's coffin will be taken by royal air force to buckingham palace tomorrow afternoon. abc news will air a special report with david muir sometime around 12:30 when the casket arrives. you can watch it on abc 7 and wherever you stream. ama: kamala harris met with

civil rights and reproductive rights leaders today toisthe coo overturn roe v. wade was the central topic of today's meeting. a coalition of civil rights groups sent a letter to president biden urging him to address the impacts on the high court's june decision. pres. biden: we know that --vp harris: we know that with the supreme court having made the decision to take a constitutional right that had been recognized from the people of america, from the women of america, has created a health care crisis in america. ama: president biden signed executive orders and at expanding abortion acts. 16 states have already moved to ban abortion. dan: california will offer free online tutoring through a new initiative. homework help will be available 24/7 through a state website or through public library websites all around the state. while we are talking about libraries, governor newsom

announced a $254 million grant that will help improve and renovate the state's public libraries. multiple libraries throughout the bay area are slated to get some of that money. an early tally shows the majority of twitter's stockholders will vote in favor of elon musk's take her over of the company -- takeover of the company. reuters is reporting that really votes show shareholder approval appears to be certain. the vote comes in the middle of a legal battle between mosque and twitter -- musk and twitter. he claims twitter misled him about the number of spam and fake accounts. he said -- scheduled to testify tomorrow. ama: the battle between cal and stanford is always fierce but this latest chapter is a good battle to have. u.s. news and world report released its esteemed list of top universities for the 2022-

2023 school year. stanford tied for third for top overall university in the country. princeton and m.i.t. finished first and second. the top public university in the u.s. belongs to cal berkeley and ucla. they tied. dan: we beating them by just a little bit. [laughter] i can tell you, the 80's sure beat the 100s. sandhya: absolutely beautiful today. most areas were in the 60's to 80's and fairfield managed to get up to 90 degrees but we will not see those tomorrow. that may show you a sunset from earlier tonight. the sun going down at 7:21. from our south beach camera, if you saw it, you know how spectacular it looks. that is courtesy of leftovers from what was once tropical storm kay. it got such a colorful sunset. tropical storm kay moisture came into the senate -- sierra nevada. that is why there were

thunderstorms. fortunately, there was rain falling with those thunderstorms so we did not have to worry about any fires today. we want to take a look at what is ahead and that is the average high from livermore, 86 degrees. we will be below average the next seven days even though temperatures bounce back next monday. it will be cooler than average. cooler than average sea surface temperatures near the equatorial pacific. we are talking la niña right now. it is expected to continue this winter, and that is the latest from the climate prediction center. they issued it last week, which usually favors wetter than average conditions across the pacific northwest and drier across the southern tier states. with that air pressure blocking the storms, it's not very good for us. here is the way it is looking. 91% chance that nonunion continues -- la niña continues. this would be the third consecutive la niña winter. we are talking about the greatest chance of below average precip across thstates which inf

california. 40% to 50% chance in the bay area of below average rainfall during our rainy season which is not good. greatest chance of above average temperatures across the southern tier states, the eastern u.s. and of course that includes us, so just keep that in mind. this is just an outlook. we will see what happens. hopefully, winter brings us a lot of rain. 50's and 60's in terms of the temperatures as we look at the wind gusting to 28 miles per hour and that breeze is pushing in the marine layer. below average temperatures this week with the possibility of showers on sunday. sounds good, doesn't it? the air quality goes from moderate to good wednesday through friday. morning starts out with drizzle and overcast skies as we head into the afternoon. it will be brighter but cooler than where you were today so be prepared for the cooler conditions. morning temperatures, 50's and 60's. watch out for the little bit of drizzle we have out there. no 80's inland and low 60's co-side and if you want to see

the possibility of rain, this model is bringing a hint of it on sunday. stay tuned. you are looking at a break from the heat tomorrow. pretty much the next seven days. still below average going into the weekend with a slight chance of showers and windy conditions on sunday with the warmth returning for those of you who like it. ama: thank you. dan: what's it like having xfinity internet with supersonic wifi?

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ama: abbott elementary won big at tonight's and he awards. -- emmy awards. >> to anyone who has ever had a dream and thought your dream wasn't, wouldn't, couldn't come true, i am here to tell you that this is what believing looks like. this is what's driving looks like. and don't you ever, -- what striving looks like, and don't you ever give up on you. ama: she became the first black woman of this century to win the award for best supporting actress in a comedy. brunson took home the award for best writing for a comedy series. she stars in the show about schoolteachers in philadelphia.

season two of abbott elementary is set to premiere next wednesday at 9:00 p.m. tune in right here on abc 7. dan: the nfl's week one finale this evening and ohio finished in seattle. ama: chris alvarez is here with sports. chris: we will have more from that broncos/seahawks game. the niners are on to seattle. how trey lance hopes to lea

i believe prop 27 is the right thing to do. i had experienced being in shelters at a young age. having nothing. prostituting. we don't choose this life. i never knew what safe was until i came to city of refugee. people that's coming through these doors are trying to break the cycle. prop 27 will help provide more funding for places like this and help people get off the streets. it feels good to have a place to call home. support prop 27.

>> abc 7 sports, sponsored by river rock casino. chris: elijah mitchell suffered a sprain in yesterday's loss to chicago. he will not need surgery but he is expected to miss six to eight

weeks. he is hopeful george kittle will be able to practice after missing yesterday with a groin injury. trey lance had mixed results in his first opened a start. lance missed a wide open tyler. looks like an easy touchdown and was intercepted and sacked twice. he reflected on the missed opportunities and mistakes he made that led to a niners's loss. >> i made too many mistakes. the defense kept us in the game. tyler crompton the end zone. trying to throw a perfect ball and put it right on him and he was wide open. too many mistakes on the field. it is much easier to turn the page. when we lose, it is much tougher. frustrated with myself a little bit. i feel like i'm a lot better than that. chris: see hosting russell wilson in the broncos. booing their former quarterback. smith finds kobe parkinson. 17-10, seattle.

denver had so many chances, fumbling and losing the ball twice at the goal line. look at pete carroll. think he is fired up? broncos down one after some really odd clock management. denver goes with rendon mcmanus in a field goal attempt and it is no good. the seahawks win 17-16. seattle was the only team to win in week one. giants hosting the defending champion braves. wilmer flores signed a two year extension. willie calhoun making his giant debut. in his first at-bat come off the wall and right. 1-0, giants, top of the eighth. dancy swanson, base hit with the bases loaded. one-run scores and then another run scores at. -- scores. that is as close as atlanta get. scott alexander, the saved in the ninth. giants win 3-2. they have won three in a row. l.a. angels superstar mike trout

has homered in his seventh straight game. that is one short of the major league record. ken griffey jr., don mattingly, and another share the record of eight straight games. the angels lost the game 5-4. sp

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for the most important part of you... your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life. dan: a reminder. disney plus day specials continue through the month. new subscribers can get their first month for one dollar.99 through -- $1.99 through september 19. so check it out. ama: thank you so much for watching tonight. i am amadeus.

dan: and i am dan ashley. we appreciate your time. on jimmy kimmel, will arnett tonight. >> lou: from hollywood, it's "jimmy kimmel live!" tonight, will arnett, chef chris bianco, and music from goo goo dolls. with cleto and the cletones. and now, he's back -- jimmy kimmel! ♪ [ cheers and applause ] >> jimmy: very nice. thank you. very kind. hi, everyone. [ cheers and applause ]

muchas gracias.