>> building a better bay area, moving forward, finding solutions, this is abc 7 news. >> ■when i went out and told the gang, i had tears coming out of my eyes and i was fighting them back. >> a major development in our mobile investigation. the san mateo county district attorney has decided to drop criminal charges against the indiana man who loads replica batmobile's. >> thank you for joining us. what a story this has been ended as one we have been covering for months. >> garage under credits the abc 7 i team with turning the case around and dan noyes is back within update. >> you recall the sheriff sent forward investigators to raid the garage in indiana after receiving a call from a wealthy donor who had ordered a bat mobile. the criminal case against the only man licensed by dc comics to build replica batmobile's is ending.

he faced felony charges of obtaining money by false pretenses and diversion of construction funds. >> i am announcing we are going to dismiss the case. >> i broke the news on twitter after speaking with district attorney steve wagstaff this morning. >> it simply does not rise to the level of proof yonder a reasonable doubt. when you have cases not rising to the criminal level but who is right and who is wrong is not clear, we were those cases to civil or. >> the sheriff admits he launched the investigation after one of his donors called to complain that his $210,000 batmobile had been delayed. he sent a team of four investigators to raid the garage in logansport, indiana. >> i was horrified. they have never gone through anything like this before in my life. >> turns out the sheriff had never done anything like this before either. how level sources in his department say he has never sent

a team of investigators outside the state for a nonviolent crime except for the batmobile. has the sheriff ever sent a team out of state for a nonviolent crime besides the batmobile? > i would have to check but i will get back to you. >> allen now says he needs a week to find the information. the sheriff has refused my repeated request for an interview so last thursday i went to the retirement function for second in command thinking he had to attend. 10 alan told me the sheriff was on vacation. >> i am not in charge of his travel calendar. >> i also broke the news to the batmobile builder that his criminal case is over. >> holy cow. what a relief. this has been a 10 week nightmare and it is finally coming to a close. >> he is now free to concentrate on his business and his church were he is a minister. >> thank you so much for what

you have done. if you had not followed through on the whistleblowers, if you had not believed them, this case would have continued and i would have to be in san mateo on friday morning and i thank you so much. >> mark tells me he is not sure if he wants to file a lawsuit against the sheriff and the county. this case is already tax is already costing taxpayers the expense of sending the team to indiana. the county hired a personal lawyer and hired a retired judge to find out how all of this happened. we have at least one more story to do before we call this one a wrapped. >> we could not make this up. this is an unbelievable story. you have done such great work in the process. >> over the weekend, 47 alameda county sheriffs were stripped of their weapons in badges after an audit revealed they had gotten unsatisfactory scores on psychological exams.

abc 7 news reporter leslie brinkley got answers about the repercussions and what is next. >> 30 alameda county sheriffs deputies who worked at the santa rita jail and 17 elsewhere in the county were notified friday night they could no longer make arrests or carry a firearm following an audit of psychological exams dating back to 2016 in which the officers got unsatisfactory scores. what triggered the audit was a double homicide several weeks ago when a 24-year-old deputy was arrested for killing a husband and wife in their dublin home. it was later revealed he had a relationship with woman and failed his long psychological exam. >> you have the sheriff's department giving officers a free pass to carry a gun and a badge and do police work when they are completely unqualified. >> the alameda county sheriffs office said today psychological

testing standards have changed and the 47 officers who have been reassigned to desk jobs will undergo a new round of screening. they said the earlier scores were due primarily to immaturity. >> a lot of young people out of college don't do as well on a psychological exam as someone who has more life experience. this has nothing to do with substance use issues or any mental disorders or diagnosis. we believe that their testing scores will go up raced on the number of years of service. >> others believe this could call into question all of the testimony arrests and encounters these officers have had. >> this opens a pandora's box of promise -- of problems and issues for the sheriff's department. >> one officer has already been reinstated with a record of a leader exam. 46 others will be retested in the coming weeks. >> we are working hard to get them to the appointments and get the tests done and returned everybody back to full duty. >> a retired san francisco

police sergeant known for helping addicts get off the street pleaded no contest to robbing a drugstore for prescription painkillers. prosecutors say last november he had a gun when he demanded norco from a pharmacist at a drugstore in san mateo. >> new developments in the killing of a father and son in hayward. police announced they arrested the 22-year-old. yesterday morning police received a 91 one call about a fight inside a home in hayward. officers found a 49-year-old man and his 22-year-old son both stabbed to death. their names have not been released. >> caltrans continued clearing the homeless encampment on interstate 880 in oakland. the 40 people were impacted. so far 12 have accepted turn it's of housing.

it is estimated some 200 people lived at the site before a judge allowed caltrans to clear it. it is expected to be fully closed by the beginning of november. caltrans began cleaning up other locations in valeo. this comes during a year after valeo's on house to struggle. ra wng witity officials to make residents aware and offer potential relocation options. >> your details today about the forfeit of a football game between galileo and richman high school. the superintendent of the west contra costa school district said he is disappointed galileo forfeited over concerned about the -- over parents concerns about safety. ryan curry has the story. >> it is a new week of school for richmond high but students are going to class disappointed over the actions of parents from another school. galileo academy of science and technology forfeited its game against richmond on friday because the roster was to lean

after their parents of seven football players refused to let their kids play citing concerns for safety. it is something students do not agree with. >> they think this is the ghetto area. they think something bad is going to happen. >> stephen goes to richman high school. he says rumor started circulating about school being unsafe which he says are not true. >> they said richman was dangerous with potential bombings or shootings. that is kind of dumb. the >> superintendent of the west contra costa school district says the forfeit was not based on any actual data. >> it was uncalled for the do not have their facts right and i would like to see their data when they say we have a lot of crime and violence over here. i would like to know exactly what data they are looking at. >> wichman high school will play their next football game on friday evening but as the football season goes on, students here feel people will look at their high school in not so positive light. >> i want people to think it is a good school. the popularity has always -- i

went to see it as a good school to come and learn . >> they tell me the team did not have enough players for number of players. they did not tell me whether safety was a reason. superintendent hearst tells me they put a lot of effort into keeping athletic events safe. he says they have had no issues of violence this year and he wants other schools to understand that. >> they look forward to these games. so to have a community decide based on faulty information or inaccurate information they are just going to forfeit the game, it is heartbreaking. >> a firefighter disciplined for a t-shirt with a statement known to be disparaging president biden. some airport workers walked off the job. what you will need to know if you are heading to sfo. a new bill signed into law that could stop catalytic converter thefts.

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i'm okay. >> a photo for -- a photograph of a san francisco firefighter wearing a let's go brandon teacher on the job is sparking reaction. we want to know what you think.

is the firefighter have a right to wear whatever he wants at work? now to abc 7 news reporter suzanne phone with the latest on this still developing story. suzanne? >> kind of like disheartening to see. >> a passerby spotted the firefighter working with others on a hydrant in the castro district and shared this message on twitter tweeting is this the new uniform of s f fd? we headed over to the fire station at washington and sampson today where fire crews were hard at work coming and going. think about this tweet? >> i don't like it. they should not be wearing that type of shirt especially degrading our current president. >> the fire department says that does not reflect us but what you think when you see this tweet? >> i understand how people are upset about it. >> sf fire says the firefighter

violated the uniform policy and the immediately took action. a spokesman says the department cannot talk about what disciplinary measures were taken because it is a personnel matter. we heard from the san francisco firefighters union local 798. i am >> all for freedom >> of speech but it is a job and we have rules and regulations. >> any people argue what we wear is protected by the first amendment. that is the case to a certain degree according to a constitutional law professor. >> if the employer has a requirement that you simply wear that uniform and nothing else and that is uniformly applied, then that might a factor which would weigh against the protection for free speech. >> back to the streets of san francisco. is there a time and a place for freedom of speech? >> yes, but not on your job. not when you're doing your job.

>> so what do you think? should political statements be allowed in the workplace? >> looks like most people, 84% -- say no, not in the workplace. it is interesting question especially when you work for a city agency. keep those votes coming. heads up to anyone coming to sfo. finding something to eat could be difficult another hundreds of food service workers have walked off the job. as lena howland explains, the workers are demanding more money and better health benefits. >> outside of every terminal at sfo, passengers were greeted with protests. >> we are fighting for our wages and health care benefits. >> that is margaret. the single mom of two has worked at sfo as allowed lounge attendant for nearly eight years

but she says the cost of living has not kept up with her paycheck and she has not seen a raise in three years. >> prices are going up right now and are wage is still the same. we need to provide for our family. she >> is one of 1000 food surface workers from more than 30 different employers and 80 locations on strike at sfo on monday. union president says the are making 1705 an hour. a number which workers say is less than the price of one meal at the airport. >> $17 is not enough to raise a family in the bay area. it is not and i have to put food on the table. these employers know that. these workers are working two, sometimes three jobs. >> the san francisco board of supervisors will be holding a special meeting about the strike involving the airport director, union representatives and the special bargaining group.

that is expected to happen tomorrow at 3:00. >> president biden is proposing new rules for airlines requiring them to provide a more complete price on airline tickets including fees. the white house says that change will prevent airlines from hiding the true cost of tickets. all this week we are celebrating the retirement of a bay area broadcasting legend. >> this week, abc 7 news reporter david lui is retiring after more than five decades on television. david was one of the first asian-american journalists on tv and after more than 50 years here, he does deserve -- so happy for him but we are still in denial about the fact he wants to travel and spend more time on photography. >> we are celebrating his contribution to our community and station. we hope you will join us tomorrow for his last day on the air. david is a great journalist, a

wonderful human being. i'm sorry he is calling it quits so early. 50 years is kind of an early retirement but we are going to let him do it. join us as we celebrate truly a wonderful guy. >> we love you, david. when you say san francisco journalism, it is david lui. >> just amazing should >> >> he is a great reporter but he is such a sweet guy. lovely human being. quitting early. >> he could go 60. . >> good for him. >> interesting weather coming our way. a cooldown begin yesterday and continued today. pretty breezy right now. you can see 27 mile-per-hour winds in san francisco. 23 mile per hour ends in sfo to -- mile-per-hour winds in sfo. you can see on the 24 hour temperature change, most locations are one to four degrees cooler than this time

yesterday. here is a live view from emeryville. 60 degrees in san francisco. 70 at palo alto. 59 at half moon bay. a nice view of the golden gate as clouds get thicker. 74, both at santa rosa and napa. 72, fairfield. mid 80's in concord. the view from -- a lovely view onto the bay. low clouds and fog expanding overnight with a chance of coastal morning drizzle should breezy her and cooler tomorrow. a brief warm-up thursday and friday before cooling down over the weekend. flicks of greed offshore indicating patches of spotty drizzle. some of it may produce a few damp spots for morning commuters on the roadway. on we go to overnight lows

mainly in the mid-50's. a few upper 50's as you move closer to the inland east bay. generally a range of 55 to 58 degrees. 78, san jose. on the peninsula under partly cloudy skies mainly mid to upper 70's. warm spot will be redwood city with a high of 78. mid 60's will be the highs on the coast. 68 degrees tomorrow with a few lingering clouds. the north bay, partly cloudy. highs will reach into thloto d 80's. over on the east bay, highs of 73 in oakland. 76, castro valley. our warmest region but not very warm. 83 to 85 degrees in most locations. here is the accuweather 7 day forecast. not much change expected on wednesday. highs around 90 degrees and low

90's and lent on friday. saturday, temperatures drop again and will have a more typical autumn pattern in terms of high temperatures from saturday through monday. lovely fall weather coming our way once weekend arrives. >> this is such a great time of year for us for whether. -- for the weather. >> just minutes ago, nasa conducted its first attempt to move in asteroid off course. we'll have our live report later this hour. >> it is not just about policing. what is being done to help stop traffic

>> gas prices reach another high in california. california's nearly two dollars more than the national average of three dollars and $.72.

in the bay aan francisco is over lon making ie of t avag state >> in the south bay, the search for solutions in the recent rise in traffic fatalities on san jose city streets. >> last week we showed you how police are using enforcement to change driving behavior. dustin dorsey explains how education engineering complete the city's three-pronged approach. >> on city streets in san jose this year, we have suffered one death every five days in the city. while a city department survey says most people believe distracted driving is to blame, the dot says it is the number >> plate on our streets right now. >> saw the dangers speeding can cause as sgp posed as decoys. police hopenf change that behavior but the dot

hopes education can be a solution >> get into a crash. the faster you are driving, the narrower your field of vision become so you are less likely to notice things in your periphery. if you get in crash, the faster you are going, the more likely that crash is to be fatal or severe. >> the dot says another approach comes from a different e, engineering. this is along a priority safety corridor highlighted by a lot of lanes and fast speeds. what of the engineering has come from quick build projects that can be rolled out faster to create solutions on the roads. these barrows -- these barriers are an example of road narrowing to create a shorter path for pedestrians. >> you feel encouraged to speed when there is a lot of room on the street. when there are not a lot of objects in your periphery live trees or buildings, that subliminally tells people it is ok to speed here.

>> the dot says a six-month review showed deaths were less likely to occur at these locations on center road but further study is needed to create prolonged solutions. >> it is important to keep and i on these projects and decide whether we want to move forward with a more permanent iteration. >> the approach is one combined solution but leaders say it comes down to all of us. >> from kindergarten tech catalytic converters, the bills governor newsom has signed and the ones he has vetoed. >> and it is like something out of a movie but did nasa's attempt to move in asteroid off course work? we will have a

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>> building a better bay area, moving forward, finding solutions, this is abc 7 news. >> moments ago, nasa executed a first of its kind mission. a spacecraft named dart took aim at a small asteroid linda miles away to nudge it into a tighter orbit. goal is to see if such a mission could one day divert a killer asteroid heading toward earth. reena roy is live in new york

with this historic and fascinating effort. >> really just incredible stuff. the collision was calling camera and it felt like watching something out of a movie. this is the first experiment of its kind and experts say it has the potential to help save a lot of lives in the future so it is very important and you can hear scientists at nasa cheering as the spacecraft successfully made impact. it is a revolutionary experiment about 7 million miles away that could one day help save our planet. >> it is the first test of planetary defense technique. >> a spacecraft named dart launched last year slamming head-on into an asteroid at 14,000 miles per hour. the impact meant to nudge the asteroid into a tighter orbit around its companion space rock, a method that could be used to divert a killer asteroid heading for earth. >> it is>> exciting because to

do it with a real asteroid and spacecraft will give us confidence if we ever had to do this for an actual asteroid threat, we would have done this before. we have a tool in the toolbox. >> it is not considered a threat toa small aste but it is still over 500 feet wide, about the size of a large football stadium. >> a rock of that size hitting the earth would level a small state, small country. >> asteroids have struck earth. in 1908, a nester hitting a forested area in siberia in 2014 in russia. >> we had a smaller asteroid street above a city in russia. missed the city but did come close and put about 1500 people in the hospital. broke nearly every window in the city. >> a direct hit would have leveled the city. >> thankfully so far, nothing recent enough that has a large impact on her civilization it could happen to -- but it could

happen. >> it will take weeks session will take days or weeks to find out if the crash was successful in changing the orbit. a tiny change in velocity is all it would take to protect the earth from most. impacts. >> this is so fascinating. we understand only half the battle is protecting earth from asteroids. tracking asteroids is the first up and is key. what is being done about that? >> experts say the vast majority of asteroids that are large enough to destroy a city are untracked but that may soon be changing with a new observatory under construction in chile. it will be able to track asteroids at a rate 10 times more than all other telescopes combined which scientists say will be a huge help in the so-called planetary defense. >> one day we may need this so thank you for the report. the artemis lunch has been

delayed once more tiered this time due to tropical storm ian. two previous lunches were delayed due to technical glitches. this is the first mission for the moon to mars program. it is a debut test flight for its next generation test rocket. >> that -- the clock is ticking for governor newsom who has to sign some 550 bills in the next five days. one would hope farm workers unionize and another would make wide ranging to solitary confinement. liz kreutz has more peered >> governor newsom has a busy week ahead. roughly 550 bills still sitting on his desk and he has until friday at midnight to sign them or veto. >> roughly the need to do about 100 10 per day which is a high-volume. >> chris michaela is a longtime sacramento lobbyist and adjunct law professor closely tracking contia form wo awaitingrovais

unionize a bill that would expand union organizing rights for agricultural workers. farmworkers have been capital te awareness and both president biden and speaker pelosi have urged the governor to sign it. >> we don't know for certain what the governor is going to do although we know that one of his press persons in august indicated the governor still had the same concerns he did when he vetoed last year's measure. >> other outstanding bills include one authored by san francisco assembly member phil ting that would allow jaywalking on empty streets. the governor vetoed a similar bill last year and a bill that would drastically change solitary confinement in california raisins and jails by limiting the use to consecutive days and no more than 45 days out of 180. so far, governor newsom has vetoed 60 of the 1100 those sent to him.

it includes his decision over the weekend to reject a bill that would have made kindergarten mandatory. the number one reason is cost. >> there= in all= of the bills sent to if you added up all of the cost, they would exceed 20 billion dollars in either one-time or ongoing spending. >> in recent days the governor has signed a number of bills into law. on friday which she proclaimed native american day, he signed a bill that would remove the ethnic swear word squaw from futures on the state -- from futures on the state. over the weekend he signed two bills to crack down on catalytic converter thefts. both would restrict how and where people and recycling companies can purchase catalytic converters. >> you take away the market for stolen goods, you can help cut down on stealing. it is not much more complicated than that.

>> decades old tradition is changing. we now know who is taking center stage during the super bowl

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>> in honor of monday nights football game you will see shortly, it is in all football kosher at 4:00 today. we will start with a big change for the probable. instead of the usual full contact showcase, there will be a week long skills competition at a flag football game renamed the pro bowl games and will be held in february in las vegas. peyton manning will help plan the week long event. chris, let's start with you. i say it is a full contact deal. they go easy on each other so nobody gets hurt. it has always been a bit of a lukewarm event anyway. do you think this is a good idea to reinvent it? >> we took the words out of my mouth. i understand why they don't do

that so much on the line. no one wants to get hurt in game that does not count. it is a fan experience. i like that they are changing it. the other thing you have to remember is these players get clauses in their contract if they are a pro bowler, you get extra money. it is something they strive to be come a pro bowler or all-pro. we will wait to see how this lays out -- this plays out. i'm glad they are doing that. no one wanted to play in it anyways. >> it used to give them a trip to hawaii but it was always such a mediocre game. >> they are so banged up by that point. >> it is never generated excitement of major league baseball's all-star game or nba all-star game. >> at least they play a competitive game. to some degree. >> you have probably heard rihanna will play the super bowl halftime show. rihanna confirmed she turned

down the cake in 2019 in solidarity with former 49ers quarterback colin kaepernick. fans have expressed excitement to see rihanna perform on stage again for the first time since 2018. an exciting choice and interesting she changed her mind. >> there were rumors that taylor swift was going to do it so when this came out a couple days ago the swift decent everybody salt taylor swift and rihanna. i think rihanna is going to do a great job. it will be interesting to see. you always wonder what the surprises, well she will bring out. >> i kind of hope they don't bring out too many surprises because it has gotten so jumbled. i know they're trying to get as many people interested as possible. >> could this surprise be taylor swift joining her? with the beyond? >> a buffalo bills coach could be fined for destroying a tablet during yesterday's game. ken dorsey was seen slamming his

microsoft tablet on the table. the league sent out a memo to teams not to damage the equipment. tom brady was seen slamming his tablet after a day. he is a former 49ers qb who grew up in orinda. a little anger management. we have these tablets on the set. i have seen spencer do that in the weather office. [laughter] >> the only tablets i do that you are the cold tablets. >> it is funny to watch but not a representation. >> i don't want to make the guy feel worse but we teach our kids to exercise more self-control so we need to do that. >> exactly. mike gatto plays on a tennis team and there was an opponent once who got so mad, broke the racket and the rest of us are looking at him going, come on. you are a professional. you make a lot of money there

there is a camera and you know it should >> sometimes you see pro tennis players do that and kids pay attention. it is one thing to slam it once. he went nuts. > he was clearly frustrated. a lot of something had built up. it is unfortunate. he did not want to do that. it is over and you move on. >> that incident came at the end of the bills lost to the miami dolphins, a game which will also be known for the punch. a fourth quarter punch hit trent sure field's rear end. the nfl fitted a photo and sharman responded saying those cheeks are going to need something soft. he says he is commercial ready whenever sharman is. let's see yet again. >> i don't think i have ever seen that in a game. >> gives new meaning to the old expression got a kick in the book.

oh my gosh had >> i'm sure that has happened before. look at that. >>. >> that game had a lot of viral moments. a couple minutes later the other tablet moment. >> how was the game itself? >> it was actually a great game. went down to the wire and the bills lost. the game was really great. it had some other viral moments we are talking about today. >> the game that just keeps on giving. >> monday night football can be seen on abc 7. coverage begins at 5:00 p.m. we will be right back. my name is douglas. i'm a writer/director

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>> michael finney is in the newsroom with a look at today's headlines. >> the three major credit reporting agencies are going to do their part to help you fight inflation. they are extending free credit reports through the the of next year. you may remember the agency started offering free reports program to help workers dealing with the covid lockdown. the deadline for free reports kept being pushed back and now it will be available until the end of 2023. consumers have for years been allowed one free credit report per agency per year cared now consumers can get a free credit report every week.

costco is doing its part to fight inflation. the big box retailer says there are no plans to increase the price of its membership. it warns there will be an increase eventually. a membership number goes for $60 a year. choppers often prices have been going up like everywhere else because of costs and transportation issues. amazon is chipping in to help your budget. amazon said today to month at will hold a second prime day shopping event. this will occur october 11 and 12th. prime members will get access to heavily discounted items. the sale follows amazon's annual prime day which was held in july. these preholiday cells are becoming a with retailers and is expected to really grow this year as consumers struggle with tighter budgets caused by inflation. stores think they need to reach into your pocket first if they

are going to come ok -- to come out ok. >> a new study says acquaintances appear to be more helpful than close friends when it comes to finding a new job. the study is based on information gathered from 20 million linkedin users over five years. privacy advocates say users may be unhappy their data was used without consent. linkedin insists it did not violate its user agreement. >> you guys already are such close friends. too close for stepping up on the job world. is that what they are saying? >> you guys. have the jobs are when that is why go to acquaintances. >> we are going to have a deeper marine layer developing tonight. it will be a little bit cooler. it will bring this layer. spotty offshore drizzle. producing a few areas of damp roadway for the morning commute of will not be widespread.

on we go to overnight lows. tomorrow, look for high temperatures in the mid 60's on the coast. up to mid 80's in the warmest inland areas. how did that happen again? let me skip down to the seven-day forecast and here it is. on wednesday, very much like tomorrow. that much change in the temperature range. a two day warm-up and leaned down again for tomorrow. autumn light levels over the weekend. >> now it is officially fall, it is time for pumpkin patches and a south favorite is now open. the spina farms pumpkin patch in morgan hill will be open every day through november 6. it is at a new location. visitors can enjoy all the fun things -- all the fall things. there will be educational information about the protected land the on in partnership with the santa clara valley open-space authority.

>> that is great jimmy kimmel comes home to brooklyn. >> it always feels great to be back in brooklyn but it feels especially great. >> what makes this trip especially great?

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of abc7news. at 10:00, watch will of fortune jeopardy. don't miss abc7news at 11:00. >> in january, jimmy kimmel will celebrate 20 years as host of jimmy kimmel live. it is the longest running late-night show currently on the air. >> jimmy went back to his roots in brooklyn for a week's worth of shows. >> jimmy kimmel live is comingon

time years jimmy kimmel has been here. >> it always feels great to be back in brooklyn but it feels especially great because we have been trapped. it feels like the world is getting back to everyone on my staff still has a mask on. the e keyway. recruiting the right haute bodega manager to explain who will be on. jimmy moved away from brooklyn when he was nine years old has ties to the old neighborhood remained strong which is one reason he first came here a decade ago in the midst of superstorm sandy. >> tonight i returned to save my people from the storm. >> this time we caught up with jimmy between rehearsals days after jimmy kimmel live got renewed. >> they came to me and said we would like you to stay. we would like you to say as long as you want to pick looked

around my office. i thought i don't want to clean the stuff up. >> he never expected his show to last two decades. >> there were many times it felt like the plane was headed toward the earth. and somehow we pulled it out. i did not know i was -- i did know i was going to get everything i had and i do think that is important to always do the. -- do that. >> you can watch jimmy kimmel live weeknights at 11: 35 right here on abc 7 immediately after abc7news at 11:00. abc7news is streaming 24/7. you can get the streaming tv app and join us whatever -- join us wherever you want. that is going to do it for abc7news at 4:00. time flies when you're having fun. >> we appreciate your time. monday night football is next. enjoy the ballgame. we will see you later this

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♪ ♪ let's go, let's go, let's go. it is a beautiful night in the meadowlands for the giants and the cowboys. as we wrap up week three around the nfl. good one on "monday night football." >> the giants and the cowboys to continue this roll.