g blurred vision, joint aches and pain, or a parasitic infection. don't change or stop asthma medicines without talking to your doctor. show off to the world. ask your child's eczema specialist about dupixent. for the murder of a san francisco tech mogul hasn't even begun yet to now. defense attorneys in the case may have violated the first amendment by excluding the public and media from timely filings. good evening. i'm ama daetz. and i'm dan ashley. >> thanks for joining us. we're talking about the high profile

murder of bob lee, the founder of cash app. >> now, the judge in the case is blasting the defense attorneys for not properly filing documents and in essence, keeping them from the public and journalists. >> abc seven news i-team reporter melanie woodrow questioned attorneys and court staff about the issue. in the next day, there was an unscheduled hearing and she is here with the latest now, dan and ama. >> these documents have since been filed after the judge ordered the defense to do so. an attorney i spoke to said this is a first amendment rights violation for journalists and the public. prosecutors and defense attorneys met wednesday at san francisco superior court for a hearing to make arguments about what evidence they say should be allowed or excluded in the bob lee murder trial. he is accused of stabbing and killing the tech executive in april of last year. several of those motions were heard in private. the judge cleared the courtroom after both sides agreed the discussion could taint a potential jury pool. prosecutors had filed their motions with the clerk's office, but defense attorneys did not, instead saying they had emailed them to the judge and prosecutors. yeah,

we emailed everything to the parties and the judge in a timely fashion. david snyder is executive director of the first amendment coalition. >> it's a violation of the first amendment to exclude the public and the press. how about the filings? >> why aren't your filings at the clerk's office? i got to talk to the clerk. we filed them. did you file with the clerk's office? i haven't. can you tell were they filed today? no. what do you know? the date offhand? i don't. i'm sorry. snyder says there are reasons records can be filed under seal, but that didn't happen here. what? it appears to have happened here is the lawyers just did an end run around all of that and simply didn't file the papers in a public place. >> and if that's what happened, it's deeply troubling. >> in addition to asking his defense attorneys about the missing filings on wednesday, i asked the court public information officer, the clerk's office supervisor, and the courtroom manager. the following day, an unscheduled hearing was held where the judge blasted defense attorneys for not following court rules and filing

their documents on the public docket. the i-team obtained the court transcript, in which the judge ordered the defense to file by noon that day. i was going to ask you what happened, but to be perfectly honest, i'm not interested in the answer, said the judge. she later said, this won't happen again. follow the rules if you don't. that puts us into a universe that i don't want to be in, and i'm sure you don't want to be in, so just do things the right way. attorney tony brass told the judge he was responsible. his florida based defense attorney, sam zanganeh, told the judge, we were under the impression these were fillled. i apologize, this is unacceptable. this is not how we practice. >> this is a federal constitutional issue. it's a first amendment issue. and depriving the public of access to records that are filed in court is a violation, whether you're in florida or in california. >> the documents ultimately filed publicly thursday include the defense's trial, brief motions in limine and response to the people's motions in limine. >> delayed access is denied access. >> they assert he acted in self defense. we also learned what

evidence his attorneys want excluded from the trial. this includes surveillance video of momeni speaking with a private investigator, in which prosecutors allege he made three distinct stabbing gestures and an overhead throwing gesture, video and pictures from the execution of a search warrant at his home, allegations he engaged in activities involving sex workers, allegations of drug use, evidence that he didn't turn himself in to authorities after lee's death. statements that the knife used came from his sister's apartment, and text message evidence from his family regarding his state of mind or character in open court wednesday, the judge denied the defense's motion to exclude circumstantial evidence about where the knife came from. it's not clear how or if the judge ruled on the motions that were discussed in private. i reached out to mckinney's defense attorneys by email and phone today for their response. i have not yet heard back. according to the transcript from the hearing, defense attorney sam zanganeh asked the court to seal a portion of the transcript. the judge told him that he could file a written motion explaining why he meets the legal criteria.

it doesn't appear that was filed before i obtained the transcript, though. many yes. momeni is back in court on monday. >> okay. all right. thank you. melanie. >> in the south bay, a santa clara man has been charged with the murder of someone he may have known almost 40 years after the crime. joseph anthony abeyta faces 25 years to life if convicted of killing jesus ibarra of san jose. abc seven news south bay reporter dustin dorsey explains how detectives linked abeyta to the case. after all of these years. >> a cold case in the south bay dating back to 1987. now back in the spotlight. the murder of then 46 year old jesus ibarra went unsolved until now. >> that's one of the challenges in a cold case. but we're we're happy and eager to overcome those challenges and obtain justice for the victim's family. they were present here in court today, and they just want justice. >> 37 years have passed since the time of ibarra's death.

police did not identify a suspect then, but dna evidence tested this year just linked santa clara native joseph anthony abeyta to the crime. abeyta is already in jail for gun possession and identity theft, but is now charged with murder and faces 25 years to life in prison. >> his dna was collected as a part of his arrest in that existing case, and we had the codis hit. so the codis is the database for dna. and then we went ahead and did a confirmation to confirm the dna that was collected upon his arrest for the other case and confirmed it was a match. >> the investigation into ibarra's death began in april 1987 here on nordale avenue in san jose. san jose police say he was strangled with a power cord inside his apartment. evidence obtained by the santa clara county district attorney's office suggests the two men knew each other. ibarra's car was located a day before he was found dead, burned from the inside out on peach court, just three miles away from ybarra's home. this is less than a block from where county records showed abeyta was living. one month after the murder. abeyta is newly tested, dna matched dna

found on multiple items, including the power cord and the blanket that was covering the victim. >> we were able to use crime lab technology through the santa clara district attorney's office to really lock down dna as proof that the suspect was there was present in that apartment, and was was one responsible for the murder. >> this is the third cold case homicide charge filed by the da's office in the ninth cold case solved by sfpd in 2020 for a beta. refused to attend a court appearance friday. his next scheduled appearance is september 24th in san jose. dustin dorsey, abc seven news. >> a judge is delaying his decision on whether to dismiss charges against three alameda police officers in the 2021 death of mario gonzalez. the judge says he will issue a written ruling next month on whether to dismiss manslaughter charges against the officers. gonzalez died three years ago while being taken into custody. he was 26. the officer's attorneys argued this morning that the da's office didn't file all the necessary paperwork in time to meet the three year statute of limitations.

prosecutors say they did meet the necessary requirements outside of court. gonzalez's family and other community members gathered to protest bogus a sham investigation cleared these cops. >> it's only because the people demanded that a new da be elected that we even have a shot at justice. >> reviews by the previous da, the sheriff's office and the city of alameda all found the officers were not criminally liable. the alameda county coroner's office later ruled gonzalez's death a homicide caused in part by the stress of the altercation. >> more to come here. still ahead. we already know that several key 40 niners players are out for this sunday's game against the rams, but could there be more on the sidelines? sports director larry beil will join us with the latest. >> plus, it's the final homestand for the oakland a's. we're going to hear from some diehard fans ahead of the team's last six games at the oakland coliseum

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where the a's will host the yankees in just over an hour. tonight's game marks the beginning of the team's last home stand in oakland, and as the a's wrap up their 57 year run in the town, longtime fans are coming to the coliseum to say goodbye one last time, right? abc seven news reporter suzanne fawn caught up with some of them. >> i mean, i'm 61 years old. i've been going to those games

for quite some time. >> stu cleary has been a diehard oakland a's fan for more than 40 years. he's gone to so many games, he's lost count hundreds easily. >> you know, thousands, perhaps with the team's imminent departure for sacramento and eventually las vegas. >> cleary says he's feeling so many emotions right now. >> numb, i guess. sad. melancholy. i mean, my kids are in their late 20s. they grew up going to the coliseum. you know, think of all the memories we've had over the years. >> here's cleary and his son in the 1989 world series trophy. here's former a's scott hatteberg and cleary's son, gordie. 22 years ago, cleary, a baseball coach and teacher at vacaville high school, came up with a reverse boycott event. that's when thousands of fans rather than staying away from the coliseum, showed up in huge numbers last june, urging owner john fisher to sell the team to allow the a's to stay in oakland. while many fans are heartbroken or even angry about the a's move, patrick and

patricia campbell of new jersey are marking an incredible milestone. >> i'd love to watch baseball. >> how many ballparks have you been to? >> every one of them. i think. what are they? 30, 26, 26, 26. all of them. >> people would say, how many settings do you have left? >> and we'd say, oh, we got 12. what are they? oh, we got eight or we got six and then two. >> baseball is a huge part of many families. our kids love it. our grandchildren love it as much as his family loves baseball. cleary says seeing the oakland a's leave town hurts this week. >> it's certainly going to be bittersweet for everyone. >> the very last a's game at oakland coliseum is next thursday. >> i'm going to leave my house about seven in the morning and get there. hope to get there as soon as the gates open and we'll cook up some breakfast. i'll be there on next thursday for the last game for sure. >> suzanne phan. abc seven news. >> sad to see that. >> yeah. of course. abc seven will be there for the last game as well, with coverage including

our sports director, larry beil, who joins us now. >> but we are going to switch gears from baseball to football and some concerns about the health of some key players. they've got a number of injuries. >> 40 niners are all banged up. it's been a rough go for the niners after only two weeks of the season thus far. and you've got a bunch of guys hurt. they were dealt with the blow of the christian mccaffrey achilles news. that was before week one. but now the injury bug is spreading throughout the team. deebo samuel has already been ruled out with a calf injury that he suffered in the fourth quarter last week against minnesota. and now tight end george kittle is listed as doubtful, with a lingering hamstring injury. that would be a big loss this week against the rams. now in addition, defensive back charvarius ward best cover corner, questionable hamstring and knee nick bosa injured his ribs at practice this week during one on one drills. he is questionable as well. in short, this is a mess and it all ties into the man who has to quarterback the offense. brock purdy. already without mccaffrey and debo and not many preseason reps with brandon aiyuk because of his contract situation. purdy has been placed behind the eight ball early on, especially if a

security blanket kittle doesn't play on sunday. the pressure is going to be on the brock star to be better than he was last week. if the niners are going to get a win in l.a. you know, for me, i just wasn't on top of my progressions and getting off certain reads and holding on to uh- to the ball a little bit in certain situations and plays. >> and so that's where, you know, i had to be better and, you know, it's football. you're not always going to be perfect. there's some, some plays like that that are going to happen. but for me i think it happened more than i wanted it to. and so, you know, i had to learn from it and grow from it. so, so this will be a test that a lot of people will be watching for brock purdy because, you know, last pick in the draft, everybody says he's a system quarterback. >> it's all kyle shanahan. he doesn't do that much. and now he has all these stars. well now he won't have all these stars. we'll see. what can he do on his own. i mean he's got brandon aiyuk. they've got some other talented players. and jordan mason. but this is different than anything he's dealt with before. >> it just worries me. he's only

two games into the season right? >> yeah. it's happening all throughout the league. the rams are even having more injuries. yeah okay. >> thanks. >> all right coming up. they are lifesavers for some. but did you know they can emit as much greenhouse gas as the average car driven for 60 miles. we are talking about asthma inhalers. and we're going to tell you about grow the system, exploit the system. take mark farrell's record. after receiving the largest ethics fine in city history for breaking campaign laws. mark authorized a commission

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june. this year. the city brought in nearly $900,000. the meters replaced free time limited parking spaces around the lake. the decision was controversial at the time. opponents said parking fees and fines can be cost prohibitive for some, meaning the park would not be accessible for all. >> a traffic alert to warn you about this weekend. part of 680 southbound will be closed for construction work starting at 9:00 tonight. the stretch from acosta boulevard in san ramon to i-580 in pleasanton will be shut down. it will not reopen until 4 a.m. on monday in time for the commute, but all 580 and 680 connectors will be open along the right lane. northbound 680 will remain open throughout the weekend. >> bay area researchers are shedding new light on a form of air pollution that's tied to a critical medical device. ironically its purpose is to help patients breathe easier. abc seven news anchor karina nova has more. >> they're a lifeline to millions of asthma patients, but a new study from stanford health suggests that some asthma

inhalers are also taking a startling toll on the environment. doctor jose tirumalasetti says research is zeroing in on propellants known as hfcs or hydrofluorocarbons. they push the medicine out of the inhaler in measured doses, but can also escape into the atmosphere at alarming rates, which now we know. >> trap heat in the atmosphere thousands of times more powerfully than carbon dioxide and increase, you know, worsen global warming. >> she says some inhalers can emit as much greenhouse gas as the average car driven for 60 miles. to better understand those levels, doctor tirumalasetti and her colleagues used safety data and prescription records for inhalers in the u.s. they found traditional devices known as metered dose inhalers released the most hfcs. about 98% of the total, but also vary widely from brand to brand. >> there's a range within the metered dose inhalers. some of

them have less propellant, some of them have more. so it can be anywhere as low as nine for one inhaler and 48 for another, depending on how much propellant and which propellant is in there. >> she says other types, including dry powder inhalers and soft mist inhalers, are typically far less polluting, but depending on insurance and other factors, they can be significantly more expensive. researchers say a goal of the study is to help doctors and patients to better understand the trade offs, possibly influencing the future evolution of a medical device. millions of people rely on to breathe freely. at stanford. karina nova abc seven news. >> and researchers say there could be improvements on the way with at least one manufacturer working on a low polluting version of the traditional inhaler. >> all right, let's turn now to the weather forecast. warming u. >> yes. abc7 news meteorologist sandhya patel is here with our weekend weather. sandhya. >> yeah, we're going to bump those temperatures up from the 80s to the 90s this weekend. let

me show you some live pictures right now. today's highs so far have been in the low 60s to mid 80s. uh- seeing a lot of sun, but we're also seeing a lot of fog. golden gate bridge, santa cruz from vollmer. and okay, you can certainly see that marine layer has been stubborn and it's sticking around near the coastline. high pressure is going to take control of our weather. and as it does, we're going to notice those temperatures rise enough so that there is a moderate risk of heat illnesses. on monday around the bay and in our inland communities. so be aware of that. right now i want to show you that upper level low that brought us those spotty showers a few days ago is still producing wet weather down in southern california. our situation is much more stable with the fog along the coast right now. those temperatures ranging from the 50s in san francisco to the 80s, while inland. here's a live view from. okay. and if you are getting away, it's aloha friday travel forecast time. okay, 76 degrees after the morning fog, there will be sun, scattered showers and sun. honolulu 86 kona will

be 68 degrees. you will notice that it's not only breezy in kahului, but also expecting some showers. and same story for lihue from santa cruz. camera. it is overcast skies. tomorrow is the last full day of summer. fall arrives on sunday and we're expecting sunshine and it will be heating up early next week. sizzling inland, it will be warm along the coast. let's go hour by hour, 7:00 tonight the fog is in along the coastline and parts of the bay. you will notice it branches out just a little bit more towards tomorrow morning. don't be surprised if you see a little bit of mist and drizzle. and then it pulls back to the coastline. it will hold in some areas, so not completely clearing the coast, which is why it's not going to warm up much near the beaches. your temperatures will be in the 50s and 60s to start the day tomorrow afternoon. it's going to be a nice day. 85 and sunny in san jose and gilroy, 87, los gatos on the peninsula. you're looking at 83, in redwood city, 65 in pacifica, downtown san francisco, 70 degrees the sunset

district, 68 north bay. numbers mid 80s from san rafael to novato. 60s right here near the coast. 87 in santa rosa, heading into the east bay. 76 oakland 80, in newark 86. castro valley inland areas. it is going to feel like summer warm 90 degrees in concord, 91 in livermore, 92 in brentwood and just as we flip over to fall, it's going to feel like summer. how ironic. accuweather seven day forecast. you know, we get the heat in september and in october. so we have the summer warmth for you tomorrow on the accuweather seven day. fall begins at 5:43 a.m. and we're going to bring the heat on monday with triple digits inland 70s coast side before it cools off the middle of the workweek. now ama and dan will be right back after the break, but here's a look at your

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you can tell after the drink is said to have originated in oakland at the original hinky dinks on san pablo at 65th street. that bar became trader vic's, which is a tiki style restaurant on the emeryville waterfront today. >> victor bergeron opened locations around the world, and the mai-tai was brought to hotel bars in hawaii and beyond. >> he was just whipping up some random cocktails because he was a very creative guy and, you know, he just whipped up something, handed it to his friends, and she said, mai tai royale. which means out of this world, the best in tahitian. >> the restaurant group just

celebrated its 90th anniversary, and the official cocktail is set to be declared by the city council on october 1st. all right. >> thirsty now? all right. don't forget, we have much more news ahead at 530 on abc seven, bay area streaming tv. >> and if you're watching us on tv, world news tonight with david muir is next. for sandhya patel, all of us here, we appreciate your time. i'm dan ashley and i'm ama daetz. >> we will see you again at 6:00.

>> david: tonight, breaking news in the race for president with just 46 days to the election. also tonight, the judge shot and killed in court. authorities now say it was the sheriff who killed him. the drone used to find a little girl missing in the woods. you'll see the dramatic video. tracking deadly storms on the move across several states tonight. first tonight, vice president kamala harris in georgia. her emotio