closed captioning by closed captioning services,inc what started as a raid at the balco drug lab eight years ago could send baseball's homerun to prison today. >> right now barry bonds is in court waiting to be sentenced. i'm katie marzullo. >> i'm eric thomas. cheryl jennings and kristen sze are off today. terry mcsweeney is live outside the federal courthouse that's the center of gravity today. >> reporter: just about an hour ago barry bonds ended the federal courthouse he's on the 19th floor in the judge's courtroom awaiting sentencing. take a look at the homerun

king coming into court today, looked very relaxed. i asked him how he was feeling. he took a moment to say good morning to the throng of reporters. unlike the many times he entered for his trial this time he comes to court a convicted felon for obstructing justice for evasive answers. prosecutors want him to spend 15 months in prison within sentencing guidelines. defense attorneys want just probation. the federal probation officials want house arrest and community service. they may hold the day. i asked the man who wrote the book on barry bonds and steroid accusations, about the sentencing. >> i mean i think obviously it has been a long time coming. bonds testified more than eight years ago now. it has been quite a saga to get to this point for him. >> reporter: another major

player of course victor county he ran the lab that produced the -- steroid at the center of this. he said whether they, meaning athletes told big lies or small lies most of the athletes told some kind of lie to the grand jury. i have no doubt that barry bonds was treated differently than other athletes involved, likely because he was the highest profile of all. based upon the evidence it appears that bonds was selectively prosecuted. right now bonds on the 19th floor waiting for his sentencing. he may be to the big house, one big house or another either federal prison or his own house for house arrest. he has a mansion in beverly hills he may be confined to that for six months or a year. terry mcsweeney, abc7 news. >> that what we are going to talk about now. >> legal analyst dean johnson joining us for some

perspective. >> thanks for joining us what do you think the judge is going to do? >> she has a number of options. i think she is going to sentence in this case as she has in similar cases. bonds is probably looking at six months to a year of house arrest, two years on probation, a small fine and community work service. >> that's on par with how she sentenced other high profile people what does this say to the average person? >> message that the judge wants to send, she has tried to send throughout this is equal justice under the law. she is not going to treat a barry bonds any better or worse than she would treat anybody else who came forward with this kind of charge. >> how unusual is it to have prosecutor recommending one sentence and probation recommending another in a case like this? >> quite unusual. the probation report the presentence report, is probably the most objective thing the judge will get.

it is very unusual for probation to recommend what we call a departure from the guidelines. the guidelines sentence minimum is 15 months which is what the prosecution is asking for. probation is asking for far, far less. probation officers, especially federal probation officers are really tough. their recommendation is often in line with the prosecutor's request. >> does it surprise you that the tough probation officers would recommend probation? >> not at all. they cited two factors in the federal code, one is, as cases like this go this is one of the least serious they've seen and also barry's long history of civic work in charities and so on. >> thank you dean. you want to keep it here for the latest developments. vic tweeting from inside the courtroom. for up to the minute dates you want to follow us at abc7 news bay area we are expecting the sentence to come down between

11:30 and noon. abc 7 will bring it to you on air and online as soon?tofm as t is announced. our other top story. a san jose police officer shot and killed a man last night and police are revealing new information about what that man was doing in the moments before the shooting. amy hollyfield is live in san jose with the latest. >> reporter: police just briefed me. now they are saying the man they shot was pointing a gun at the officer and refused to drop that gun. however, he was not the man they were originally chasing. the family this morning is very upset saying police shot the man unnecessarily. police were chasing a man who ran into a house. they ran after him. two other people were in the home. police say the man they were chasing pulled a gun from his waistband and threw night a bedroom. there was a man in that bedroom who picked up the gun. police say he pointed the gun

at officers and they say he refused to drop the weapon. one officer fired one shot and kill him. police in -- were in the neighborhood on a gang suppression patrol. they say east san jose is known for gang activity. >> initially what the individual was stopped for was walking down the street carrying an open container of alcohol. not uncommon for officers to contact people for that violation. we know that too much alcohol some of the circumstances we have is not a good mix. had the person to stay on the street and complied likely what would have occurred is a normal routine pedestrian contact which may or may not have resulted in arrest but it wouldn't have resulted in injury. >> reporter: police haven't released the name of the who was kill. they say he was in his 40s. family members tell us they don't think he deserved to be killed he was in his bed when this came into his home at 11:30 last night.

there's a lot of outrage, also a lot of grieve and the family did not want to talk on camera. police say it appears the officer was justified in shooting the man. for the man who they were originally pursuing, now in custody. he possibly couldresisting arren of a gun that is being sorted out now. amy hollyfield, abc7 news. right now in oakland, a memorial service is getting underway for the toddler who died from injuries he suffered in a mass street shooting. hiram lawrence was shot in the head a few weeks ago in west oakland and taken off life support last friday. he and six others were shot by gunmen who opened fire on a crowd outside a liquor store no one has been arrested. the service is being held on 66th avenue in oakland expected to go for a couple of hours it is open to the public. >> the man who triggered penn state sexual abuse scandal spoke publicly for the first

time about what he saw nine years ago. mike mcqueary testified in a preliminary hearing to determine whether two university officials will stand trial. mcqueary said he believes he saw jerry sandusky sexually molest a preteen boy in the shower and he told university officials about it. sandusky's lawyer says his client was showing kids how to shower. >> teaching a person to shower at the age of 12, 14 sounds strange but people work with troubled youth will tell you there are a lot of juvenile delinquents who have to be taught basic life skills. >> any time the defense attorney says it may sound strange to some people, it is going to sound strange to a lot of people. this guy has again from being a football coach to a shower coach? >> sandusky has pleaded not guilty to 52 counts of child abuse. several school officials are accused of lying to a grand jury about what mcqueary told them. we are on the barry bonds

sentencing watch. there's good news out about california's job market. >> plus, the company that brought you words with friends goes public. but, is the -- is it the blockbuster analysts were expecting? >> stark sign of the times holiday giveaway that has thousands waiting in line and dozens in line

california is one of nine stays to win a new large pool

of federal grant money to -- stimulate early childhood education par of the obama administration's high profile race to the top program in which states compete for funding. california has been turned down for the grand repeatedly in previous years. now the money will be doled out to childcare and preschool providers. nasdaq's opening bell rang from san francisco this morning to mark the ipo of zynga the san francisco social at gaming company went public with plenty of buzz. so far trade something lukewarm. initially the stock gained a few pennies over the $10 per share price then fell below $10. the company is expected to make one billion dollars today. zynga is best known for its farm will and words with friends social media game. six former top executives at freddie mac and fannie mae

are facing civil fraud charges include -- including the two former ceos who led the mortgage giants to the financial crisis accused of misleading the government and taxpayers about risky subprime mortgages. both say they are innocent. so farther the highest profile individuals to be charged in connection with the meltdown three years ago. good news today in our state's jobs market. california's unemployment rate fell to 11.3% in november the lowest since may of 2009 when it was 11.7%. employers added another 6600 jobs last month. still, there are more than two million people out of work in the state. the national unemployment rate is 8.6%. annual holiday food giveaway is in full swing at glide memorial church. as expected there is a huge turnout. thousands are lined up for

blocks around the church right now waiting in line for free groceries. they have only 5500 bags of food to hand out it appears some people will have to be turned away. glide officials say the bags are going fast and they will have to cap the line and noon today. people began lininging up last night. it began at 7:30 this morning. nice when we have decent weather for those folks standing in line. looks like this dry spell will hang around a while longer. we'll talk about a weekend without snow in the sierra also. and live to the sierra for a look at what you can expect if you are headed there this weekend for the holidays.

welcome back. time to check in with the weather. for that we turn to meteorologist mike nicco. >> everybody happy today it is friday. >> it is >> some are off next week. probably wondering what they are going to do. won't have to worry about the umbrellas or snow shovels. looking down interest sutro tower, also looking at gorgeous sunshine. a little hazy from time to time but no need to worry about a spare the air. we have a little moisture left from yesterday. look at that snow in the sierra, heavenly mountain resort winds are blowing a little fast some of the snow cascading down the mountain. they are going to continue to make snow temperatures in the teens the next couple of nights that's the best way you are going to get sking in. natural snow around the mountains of l.a. into

san diego now you can see on live doppler as we zoom down there is some mixture of wintry precipitation, especially in the higher elevations around pine valley. otherwise quiet across the state compared to yesterday. 61 santa rosa right now everybody else in the 50s low to mid 50s for the most part 59 fairfield gusty winds especially above 3,000 feet still gusting to 60 on top of mount diablo oakland hills 15 to 20 miles per hour winds tapering as we thought they would. mid to upper 40s gilroy, santa cruz. sunshine, tapering breezes not as cool today as it was yesterday. it will be colder tonight watch out for thick frost in our inland valleys while the rest of us will be in the 30s and 40s. lengthy drive pattern we talked about that speed bump yesterday another 8 to 14 days of dry weather still looks like that is going to happen.

head down to the monterey bay 58 everybody else around the bay and inland in the low 60s. tonight especially the north bay all the 20s cloverdale, santa rosa, clear lake, napa fairfield. the only 40s around oakland, san mateo, half moon bay and san francisco. high pressure over the eastern pacific, high pressure over the great basin dominating our weather pushing the jet stream well north taking the storm track into canada once again. right now the driest seattle ever for december. driest december in seattle ever that give you an idea how far north the storm track has been bushing. for us offshore breeze, cool and dry not too bad when you are talking about 50s and 60s. sierra teens the couple of nights low to mid 40s at lake level. they will be making snow on the higher elevations, yosemite upper 40s during the

afternoon after being in the upper 20s. one last stop, i guess that's all. we head down south a chance of showers today and saturday, sunday in san diego if you are heading that way. heading to l.a. they will not make that it far north mid to upper 60s. at home mid to upper 50s along the coast, low 60s around our bay and then upper 50s to near 60 inland with no rain, not even wednesday when astronomical winter begins. have a great and safe weekend traveling to the sierra won't be difficult not a lot of snow when you get there. your generous donations have so far raised nearly $22,000 for the share the holiday food drive. we are still counting. the demand for assistance continues to increase. food banks are serving the needs of more than 600,000 each month to help meet their needs they look to the community for support if would you like to donate text the word "feed" to 80077.

you give $10 that way or call the number on your screen: 1-800-515 - 1719. remember, every little bit counts. next, friday's perfect pet. mike will be back to introduce us to lana >> >> are following the barry bonds' sentencing hearing going on now.

vic lee is tweeting from inside the courtroom. his latest tweet looks like judge not give prison time. hinting through statements from the bench. that's -- bonds' attorney says whatever happens here appealing conviction. that's his appeals attorney is dennis riordan, a good attorney. more coming up. today at 3:00, keeping your skin glowing through the winter. then at , san francisco majorals say mayor lee is announcement today on the america's cup, one day after the event passed a major hurdle. at 5:00 the federal crackdown on a medical marijuana dispensary results in a pot giveaway those stories and more at 4:00 and 5:00. >> right now time for friday's perfect pet. >> lana and krista from the san francisco spca nice to see

you. >> nice to see you a that s for having us. >> always happy to have you guys. let's talk about lana, a beagle naturally curious. >> she is 5-years-old, doesn't have that typical beagle personality she likes to explore, go on walks and sniff around and color her world. >> -- and explore her world. >> just wanted everybody to see her face. >> she is gorgeous. >> she just had puppies. >> yeah november 1st. she came to the shelter with a litter of four. wonderful mom did a great job of raising them the puppies are up for adoption now and she is looking for a home as well. >> tell us how macy's is going this year? >> really well. we are up in terms of adoptions which is wonderful. it is our best year so far. we'll be there through new year's.

looking for volunteers as well. >> nice seeing you, thank you. >> thanks for having us. within moments, we are expecting a judge to sentence barry opinions for his role in the balco steroids scandal. he could be sent to prison on obstruction of justice conviction. >> we are extending the midday show as we wait for barry bonds' sentencing. live team coverage beginning with terry mcsweeney outside of the federal courthouse. >> reporter: a lot of people are waiting the sentencing of barry bonds. just take a look at the crowd of reporter, photographers, in front of the federal courthouse here in san francisco waiting for barry bonds to come back out, maybe a comment from him, expecting a comment from his attorney or one of his several attorneys no doubt. tick a -- take a look at the scene as bonds arrived today and walked into court. he was charged in april with four counts three of perjury,

one obstruction of justice. he was convicted on obstruction of justice because he was giving nonspecific and meandering responses to questions that were being asked of him in front of a federal grand jury. prosecutors want bonds in prison for 15 months forgiving those evasive answers that grand jury testimony in 2003. federal probation department has a different idea. they would like house arrest and probation. bonds' attorneys not surprisingly want the least sentence, which would be just probation. the judge has sentenced others convicted of similar charges in the same scandal to house arrest her policy seems to be she is not about to sentence the people who purchased the drugs to a harsher sentence than the folks who sold the drugs and they spent a minimum amount of time in prison did the people who sold the drugs through balco.

coming out here live we can look at a picture of the media waiting for bonds and/or his attorney or attorneys to make a statement. again, as vic lee has been reporting from the courtroom it is looking he's not going to be sentenced to prison time that was where the smart money has been. smart money in the world of law, i'm talking about whatever dean johnson says. terry mcsweeney, abc7 news. >> which we'll have more on in a minute. >> thank you terry. as terry mentioned our vic lee is tweeting from inside the courtroom. this is his latest tweet. you can read it there he writes: prosecution says bonds' behavior breached core of system. honesty. >> bonds' attorney says whatever happens they will be appealing. his appeals attorney is a very good one, dennis riordan, one of the best in the country. you can track vic's tweets by following abc7 bay area.

dean johnson is here and has been following the trial since the beginning. the judge is presiding over this case she has options, she also has history with balco, right? >> yeah she has tried two cases in this balco affair, tammy thomas and trevor graham and sentenced in both cases. thomas got six months of house arrest. graham got one year. the reason was that people felt that graham being the track coach actually influenced so many people in his dealings in steroids, that the higher sentence was justified. >> as we move forward, it looks like probation. all signs point to probation at this point? >> right. i would be surprised if there were anything else. often times people think probation versus jail or probation versus confinement.

probation always comes with conditions. those conditions can and probably will include something like electronic home monitoring, some restriction on barry's freedom for and you specified period of time. >> what we don't discuss much is barry going to be a con fix -- convicted fell:that brings life changes, right? >> it does. that hurts the most when you are a convicted felon you lose a lot of civil rights the right to own a firearm. the right to serve on a jury. when that happens, that lives with you for the rest of your life. in state court, you can clear your record and get some of those civil rights restored. in federal court there is no what we call expungement propose to clear the record. barry will reman a convicted felon unless he gets a presidential pardon. >> people wonder about home arrest process.

does that mean you never get to heave home? >> no. that means it is at the discretion of your probation officer. the probation officer becomes god. anything you do has to go through that officer. barry could leave to do his community service work for example if there were a funeral he had to attend he could with his probation officer's approval. >> it is a just punishment if he's under house arrest when his house is a mansion? >> i always smile when i think about the 8th amendment which talks about cruel and unusual punishment. living in a six bedroom mansion on two acres in beverly hills qualifies there are certainly worse fates. >> we discussed the statement from victor conti who ran the balco company at the center of this storm. that statement at the end says he wonders this was the best use of government money and resources.

three year investigation and finally barry bonds probably getting house arrest. was that worth it? >> i don't think so. i call this a pyrrhic victory. i've heard fixes of upwards of 52 million dollars to prosecute this entire balco affair. because of that, a couple of people got house arrest. tammy thomas can't practice law. which was her ambition. i'm just not sure that the benefits outweigh the cost. in some ways this was cops and the irs and investigators gone wild. it went from two presidents, four united states attorneys and nobody could stop this runaway train. >> dean johnson our legal analyst thank you. we'll take this break we'll be back and let you know what the latest is.