>> building a better bay area. moving forward. finding solutions. this is abc7 news. ♪ kristen: hi there. i'm kristen sze. you are watching "getting answers" on abc7. every day, we talk with experts

today we have the story of somehow high-profile marina residents in san francisco, including a 49ers legend, joe montana, filing a claim against the city over storm damage. plus find out how the oakland resident showed up to taylor swift concert with friday's tickets. and donald trump plead not guilty today in washington dc and hearing closed to cameras. so what's next? joining us now is abc7 news political analyst and former congresswoman jackie speier. thank you for your time today. >> good to be with you. kristen: former president trump plead not guilty to four charges related to what transpired between election day 2020 and january 6. you were in the capitol that day fearing for your life. what is your main emotion or

thought right now? >> as i think back to that day, i just remember having my cheek on that cold floor, being told by the capitol police, get your heads down, take your pins off, then hearing the shot ring out in the speaker's lobby. truly, i thought that i had survived the people's temple in jonestown back in 1978 but i was going to lose my life in the temple of democracy that we call the house of representatives. so had just absolutely -- so it was just absolutely a frightening experience. we are now at a point where he has been charged, not with inciting the riots at the capitol, but for his conspiring to overturn the

election and affect the voters' rights. and that's a very different set of circumstancess. kristen: right. of course part of the allegations are that those things eventually led to the terrible scene we saw play out in the video we showed. in terms of the charges specific to him, not exactly the insurrection. i want to show you what former president trump had to say about the hearing today afterwards. >> thank you very much. this is a very sad day for america. and it was also a very --it was also very sad driving through washington, d.c. and sing the filth and decay and all of the broken buildings and graffiti. this is a not a place that i left. it is a very sad thing to see it. this is a persecution of a political opponent. this was never supposed to happen in america. this is the persecution of the person that is leading by very substantial numbers in the

republican primary and leading biden by a lot. so if you can't beat him, you persecute more you prosecute him. we can't let this happen in america. thank you very much. kristen: there he is, saying these indictments, this one being his third, our political persecution of a strong rival. who do you think he is speaking to there? who is he trying to talk to and convince? >> he is speaking to that base of strong support that he has in the republican party, that 33% of the republicans that continue to contribute small dollars to him, and it has not been the source of all of the money he's using to be able to defend himself in these three cases. i agree with him, it is a sad day, when the former president of the united states has been indicted not once, not twice, but three times, and the

that he will say anything and do anything has been shown to be his modus operandi for a long period of time. he now has to make the case that he did not have a corrupt intent to overturn the election results. that's going to be a high bar for jack smith, the special prosecutor, to be able to make. i am presuming that once a discovery takes place, there are a lot of people that were very close to donald trump that have been able to corroborate that he indeed knew he lost the election but he intended to do everything he could to make sure that he could say in power. we will see whether that pans out. i think the documents case is truly the most successful case, in in terms of being able to show that he didn't return the documents, he kept them.

he may have transported some of those documents from one place to another. and we still don't know what he used those documents for. they were national security documents. one about iran. now we are in a situation where we've got potential problems in iran and may have to sps over there. all in all, it is a sad day, i would agree with him and that point. kristen: the documents case, the classified information case, is also jack smith, some say without that case, there wouldn't have been this case. for folks that don't understand the process, how independent was that process, this investigation, leading to the charges by jack smith? he, donald trump, says it is a prosecution, but how independent was this of the administration? >> bill barr had contemplated identifying a special prosecutor before he left office. but then he thought better of it.

he actually applauded the fact that when president biden came into office, when merrick garland became the attorney general, that merrick garland chose to to create the special prosecutor function. so he asked completely independent of the department of justice, from the attorney general in making a decision as to whether or not to move forward with the case or not. so there is that level of independence. we often times use special prosecutors when we are concerned that there will be a charge of conflict of interest. and in this case, i think merrick garland did the right thing. kristen: let's talk about what pieces of evidence you think might be presented by to special prosecutor. could one piece be former vice president pence, who is running for the republican nomination and has already come out and said some i guess for him fairly strong things against

his former boss? >> it's kind of interesting, i think because he is lagging so far down in the polls, and now his testimony that he gave before the grand jury is going to become public, i think he is more open and speaking very specifically of what then president trump asked him to do. that may be very damaging. i think mark meadows is going to weigh very heavily in this presentation by the special prosecutor. mark meadows was at then president trump's side all the time, knows exactly what he was doing, what his intentions were, and would be in the best position to be able to describe whether or not donald trump knew he had lost the election but then continued to pursue his efforts to overturn it.

the free-speech argument doesn't play out when you then go beyond making that free-speech statement, like, it was a rigged election, but then you go forward with efforts to try and overturn that election, then you are part of a conspiracy, and that is a very different set of circumstances. kristen: we will see of the defense strategy going with free-speech carries weight going forward. jack smith does want to move along quickly, in terms of the timeline. what are we looking at? i think there's a hearing late august, is not to set a trial date? walk us through really quickly with the process is. >> august 28th, the judge will hear the recommendations by the parties, the defense and the prosecution, and she will make a decision then on whether to set a date -- on when to set a date for the trial. the defense is saying, we need to know how much discovery there is.

they are going to have a good and persuasive argument to say, hey, there are reams of material we have to go through and all these interviews that have taken place, and she is going to have to give the defense the opportunity to have a meaningful review of the documents the prosecution has. not all happen august 28. -- that will all happen august 20. there is great interest in wanting this child to take place before the election. i think time will tell whether or not that is realistic or not. kristen: so, i guess we have to end this, but i do want to know, this is all so unprecedented. let's say it doesn't end before the election and he is elected, a sitting president, then what? does the trial get to continue against a sitting president? >> no, i think if he is president of the united states, any further activity relative to a trial against a president would be stated until after his

timers over. he already -- his time is over. he already said he would pardon himself and all who have been charged and convicted. i think that, too, is problematic. there is great interest in seeing this happen before the election. but how close to the election? that's also going to be a question that we are going to have to resolve. kristen: these are chaotic times. jackie speier, thank you so much. >> good to be with you. kristen: we will take a short break and next we will tell you why nfl hall of famer joe montana is ready to toss a challenge flag at the city of san francisco. thousands of women with metastatic breast cancer, are living in the moment and taking ibrance. ibrance with an aromatase inhibitor is for adults with hr+/her2- metastatic breast cancer as the first hormonal based therapy.

ibrance plus letrozole significantly delayed disease progression versus letrozole. ibrance may cause low white blood cell counts that may lead to serious infections. ibrance may cause severe inflammation of the lungs. both of these can lead to death. tell your doctor if you have new or worsening chest pain, cough, or trouble breathing. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are or plan to become pregnant, or are breastfeeding. for more information about side effects talk to your doctor. be in your moment. ask your doctor about ibrance.

kristen: a hype of -- kristen: a group of high-profile residents in san francisco have filed a claim against the city after the atmospheric river that hit in 2022 last year. the sf standard is reporting that group of residents includes 49ers legend and nfl hall of famer joe montana. joining us live now is from the standard, hi, liz. >> thanks for having me. kristen: fascinating story. tell us about this claim joe montana is a part of. >> yeah, there's residents that live right next to the north shore of san francisco, and over the last two years or so, there have been two major floods as a result of pretty extreme weather. the flooding. brother -- the flooding brought -- the claim alleges it damaged homes and basements and garages

and the like. kristen: we are looking at pictures of some of the damage on marina boulevard. in terms of sewage wastewater, rainwater, we know what you talked about were severe rain weather events that are not typical. so, are they saying that this is freak weather and there was something more that the city did or didn't do that caused this? >> yeah, city attorney in particular have maintained the position that it was mostly just really extreme weather, which was in many ways very historic. with the atmospheric river's and in 2021 during the first major flood. the claimants are saying they actually think this to were infrastructure is to blame, they are particularly looking at the closure of what's called a sewer outfall. kind of like this pipe that leads into the north shore ocean. there's one that was called the pier street outfall that close in 2021. the claimants are saying city

engineers and folks involved with the city infrastructure knew closing the outfall might actually increase the risk of flooding in the area by a couple of inches. and so, for that reason, they are saying the city is liable for the damages that happened to their homes. kristen: we saw some pictures of the damage. we may have more. i don't know if you have any. have they put any monetary value on it? how much of the asking for? >> i spoke with someone representing many of the residents living along marina boulevard and they are mostly requesting in his words to get their residence back to where they were, compensating them for any of the damages. i spoke with pretty much all the residents that lived in the stretch involved with the claims, and most of them said they had to pay for pretty hefty fees, including ripping up the carpets or mold remediation. one couple said to have an elevator in their home that was flooded twice both in 2021 and

2022. kristen: has the city already done something infrastructure wise to prevent this kind of thing from happening again? i'm not implying anybody was at fault. i'm not sure what they are saying in terms of culpability. but have they done anything? >> so, it seems like an issue that's just happening in marina boulevard. there have been a handful of claims against the city of a similar nature that point to changes and issues with infrastructure and the sewage system that many different claimants are saying was the fault of the city, not really maintaining its aging infrastructure. examples of this were claims filed over the last 10 or so years. there have been a number of residents involved with organizations and their goal is to get the city to become more aware of these infrastructure issues. we know the original waterboard

which kind of regulates what the city infrastructure can do about its sewage in which water relief -- we know the waterboard has communicated to the city of san francisco it needs to look into the issues along marina boulevard as a result of the flooding. kristen: no doubt, when we look at the city's long-term plan, they probably anticipate more such storms, as we talk about global warming and the changes that will come, more severity. does it seem like there is a pressing plan or an urgent plan? >> i think there's also federal support. biden's infrastructure plan, the city cited they received some money from it in order to improve upon their different sewage systems and utility structures in san francisco. it's not just a thing the city is addressing and actively looking at, it seems, but at the state and national level. kristen: i'm going to just end this with asking, if knocking on

doors, he happened to come across the montanans? >> i actually did meet joe montana and said hide him -- hi to him, but he could not talk, he was in a conference call. kristen: that's more than most of us can say. thank you for sharing your story and keep us posted on what happens with this claim. you can check out more of the san francisco standard's other original reporting on their website, sfstandard.com. we will continue to bring you more segments featuring the the san francisco standard's taylor journalism. coming up, what happens if you got taylor swift tickets but showed up on the wrong date?

kristen: imagine you won the taylor swift ticket jackpot on ticketmaster, you got

tickets for the concert, you take your excited significant other to lead by stadium in swiftie clara, only to find out it's not for the right date -- what are you talking about? and it was yesterday? ok, what do you do? joining us now with the sad story is bear, he joins us but it does have a happy ending so we can all shake it off, right? >> [laughter] yeah. absolutely. it was very unfortunate. but i do think we came to an ok resolution, as long as this happens without a hitch. let's go to the -- kristen: let's go to the beginning of the story, you are happily married, you've got your wife, you want to go to taylor swift, you get the tickets, how much did you pay for them initially? >> $250 each initially. what happened was the first time, ticketmaster kind of had a big problem the first time, we

were not able to get at that time, the second time, they issued you tickets, and i guess i just never checked the dates. kristen: so which state did you go and which date did you have tickets for? >> we went on saturday the but it turned out our tickets were friday the 28th and we didn't realize until we actually went in to scan the tickets to get an. kristen: so you walk in. i assume you dress up nicely, your wife dressed up nicely, it's a whole thing, you get there, tell us what happened. >> she got her nails done, we had the bracelets and everything. we parked in the parking zone, $150. three quarters in a mile away, $60, walked there. super exciting. we got through security, we go to scan the ticket, it doesn't work. kristen: what did they say to you? >> they didn't really know why it wasn't working. it was sort of up to me to figure out what was going on because it is sort of just the levi admission staff. but my heart sank pretty quickly. kristen: how did you figure it

out? when did you figure it out? >> i knew the tickets were legitimate. i had purchased them through ticketmaster. so i didn't have issues about the scan or not -- i looked at my phone and that is when i saw friday. oh, this is not going to be a fun night. kristen: oh my gosh. until that moment, you did not see friday, the 28th did not jump out. you just had your ticket, good to go. oh my goodness. then what? >> we have these tickets since december. i just put it in for saturday and never thought twice about it in the calendar. we had to take a very somber quiet drive back to oakland. what happened is i posted the story to read it -- to reddit. there was like 300 comments and i was reading them and that is when people was like, you shouldn't just buy tickets and go to another show. that's a lot of money. i was thinking about it, i

realized, for the rest of my life or at least our marriage, i'm going to have to live with this, and i just couldn't have the guilt of that, so i figured, you know what, i just have to drop the money and figure out a way to get to l.a. kristen: so on the resale ticket value, the market, you purchase two tickets for the l.a. shows coming up next week? >> each ticket was $1300. kristen: they are just printing money. >> was crazy. i can't go but one of her best friends is going with her in l.a. kristen: so you can even go? you shelled out $2600 and you're not even going? >> yeah, unfortunately, but it's for a good cause. kristen: yeah, like your marriage. what other expenses are there now having to go to l.a. instead of just driving down to santa clara from oakland? >> there's the flight. that was $600 less a minute on

southwest. other than that -- last minute on southwest. other than that, her friend is picking her up from the airport, she's sleeping in her house. so no more expenses hopefully. kristen: i don't mean to torture you anymore, but, i'm married and i can see how these things can go, can you talk about the degree of wringing, what you want to do during those initial hours after she realized what happened and what you did to her? >> you know, i think it was mostly self-inflicted, in that my wife, bless her heart, she didn't show outwardly any anger, but definitely disappointment. i could feel the disappointment and the regret, even through her mind going, why didn't i look at the tickets? why did i let this happen? she was fairly sweet about the will situation all things considered. kristen: then she definitely deserved those tickets because

she's a better woman than a lot of us would've been in that situation. sounds like you have a happy ending so i'm happy for her and of course she will send you clips and selfies with her friend and you can enjoy it that way. >> exactly. hopefully others will make the same mistake. kristen: note to self, always check the dateswith your concert ticket s. thank you so much. a reminder -- you can get our live newscast, breaking news, weather and more with our abc7 bay area streaming tv app. it's available on apple tv, google tv, fire tv, and roku. just search "abc 7 bay area" well well well, what have we here? a magical place... that's lookin' to get scared! with bats...and ghouls... and cars in disguise. i've cast quite a spell now... you won't believe your eyes! [laughter] the spell is cast. halloween time is back with spook-tacular experiences in disneyland and disney california adventure parks!

[laughter] ♪ thousands of women with metastatic breast cancer, are living in the moment and taking ibrance. ibrance with an aromatase inhibitor is for adults with hr+/her2- metastatic breast cancer as the first hormonal based therapy. ibrance plus letrozole significantly delayed disease progression versus letrozole. ibrance may cause low white blood cell counts

that may lead to serious infections. ibrance may cause severe inflammation of the lungs. both of these can lead to death. tell your doctor if you have new or worsening chest pain, cough, or trouble breathing. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are or plan to become pregnant, or are breastfeeding. for more information about side effects talk to your doctor. be in your moment. ask your doctor about ibrance. kristen: we have some breaking news -- you are looking at live footage

of a 40 acre fire so far in san jose. firefighters are on the scene of a tier 3 vegetation fire. crews are making good progress. we apologize for the video going in and out. firefighters are asking people to avoid the area. we have it back here -- you can see there is a helicopter involved, an aircraft writing this fire in san jose. a vegetation fire near clayton road. we will have updates for you on our streaming platform and on the 4:00 p.m. news. i will see you then. tonight, breaking news. former president trump brought back to washington to face federal criminal charges. the scene inside that courtroom. also, two u.s. navy sailors under arrest tonight. what they're accused of doing for china. in the northeast, a massive explosion at a home in