closed captioning by closed captioning services,inc my first impression, i told my wife, i says that captain doesn't care about anybody but himself. a northern california couple is painting a critical picture of the captain one that is supported by new audio showing the captain refusing to return to his ship to help the passengers. good morning i'm cheryl jennings. >> and i'm kristen sze. the captain appeared in court this morning to face manslaughter charges while rescuers pulled five more

bodies from the wreckage, bringing the death toll to 11. terry mcsweeney is here with the latest developments. >> reporter: disturbing information about the captain of the costa concordia as well as new images painting a picture of terror off the coast of italy. we have infrared images. passengers scrambling to escape the ship. forming a human chain to reach lifeboats that were in short supply as many as the 4200 passengers tried to escape. this morning divers were blowing holes in the cruise ship to gain entry with the hope of finding survivors. all they found are five more bodies. underwater video shows amazing images of the damage sustained when the ship slammed into the rocks. >> people pushing and pushinging, people passing out, people were hysterical. >> reporter: among the missing two americans a couple from minnesota. now the recording of a conversation between the coast guard and the ship's captain, who was reluctant to

go back on his ship. the coast guard says to the captain, you tell me whether there are children, women or people needing assistance. the captain -- [ inaudible ] the captain replies commander please. the coast guard what are you doing captain? the captain says i'm here to coordinate rescues. the coast guard says what are you coordinating there, go onboard and coordinate rescues onboard. do you refuse? the cap says no i'm not refusing, i'm not going -- because is another boat stopped there. he never boarded and was arrested on land. the alleged cowardice comes as no surprise to james who returned last night. due to a last minute change of plans he got off the ship before the disaster. not before he visited with the captain. >> the captain's table was

next to ours at our dinner seating. i told my wife, i says that captain there doesn't care about anybody but himself. >> reporter: the captain has pleaded not guilty. his attorney is praising his client for bringing the damaged ship to shallow waters and saving the lives of many. a cruise ship executive said the captain trade from the course and took the vessel close to the island of giglio as a favor of the maitre d' who is from there. a spokesman says none of the fuel onboard has leaked and the tanks appear intact for now it could take two to four weeks to extract all that oil. san francisco's new sheriff ross mirkarimi is back to work after spending the weekend way from his family following a court order on domestic violence charges. amy hollyfield caught up with whim. >> reporter: he made it clear that it was -- not a good weekend that he's not about this stay away order. he is here at work.

he made it clear that he is determined to continue business as usual here at city hall. san francisco sheriff ross mirkarimi says, he is not only ready to address the charges against him in court. he willso deal with them when talking to his staff. >> i have a manager's meeting. through the managers of the department i absolutely will address the duties and the needs and the matters at hand of the department and of course i'll address my situation in the most professional way possible. >> reporter: what will with you tell your employees about how to handle this? >> that's for me and my employees. >> reporter: his first day in office since being charged with three counts, domestic violence battery, child endangerment and dissuading a witness. according to court documents he bruised his wife's arm on new year's eve. his neighbor ivory madison reported the incident to police saying mirkarimi's wife confided in her. police confiscated an iphone that has text messages

regarding the incident. lopez adamantly disagrees with the charges and the account of atwh happened. >> this is has been completely taken out of context this is a personal matter this is a private and family matter. >> reporter: the judge issued a stay away order friday to prevent him from seeing his wife and son. when we asked him the stay away order he made it quite clear the interview was over. any thoughts on that how was it being away from your family? >> crushing. that's all. >> reporter: mirkarimi plans to keep on working and says he wants to aggressively fight these charges. he's scheduled for arraignment thursday. >> if he's convicted of all three charges he could face up to a year in prison and three years probation. amy hollyfield, abc7 news. a fire this morning destroyed a martinez home known as the christmas house. the homeowners had just

changed the batteries in their smoke detector that helped the family of five get out safely. one person was treated for smoke inhalation. the house is well-known for its elaborate holiday displays. investigators think a wood stove may have caused that fire. frigidly cold this morning, temperatures reached near record lows and record lows in some places hovering near freezing this morning in sunnyvale residents woke to ice and frost on cars. >> in walnut creek every car at this dealership was covered in ice. workers say there is extra work do to get cars ready for buyers. an anonymous viewer from danville sent this picture. somebody in the neighborhood forgot to turn off the sprinklers overnight. the sidewalks and roads turned icy this morning. >> meteorologist mike nicco joins us to talk about what is coming next. >> what we had last night was our strongest cold push of air this season that's why the

freeze morning until 11:00 this morning. temperatures dropping into the 20s and staying there for several hours which is a hard killing freeze why we wanted you to bring the pets and plants in. we did set a couple of records, three. san jose dropped to 29 to set a record low. oakland at the airport 28. downtown 34. some of these other areas peninsula in the 20s, 20s east bay valley and north bay valleys. we will not have a repeat warmer weather that going to lead to rain. we have a new warning san francisco city college students and employees return to campus today officials are urging them to change their computer passwords. avoid using school computers for banking or buying things and check their home computers

for viruses many hackers overseas had been tapping into city college servers for over a decade. college officials are urging anyone who think their information may have been stolen to contact campus police. gossipping usually gets a bad rap. now local researchers say it is not all bad. >> pulling the plug, bat at our nation's capital that will have dozens of websites going dark. >> the story of her he wouldism finally being -- heroism finally being recognized. honey...? [ mom ] yes. honey, i canan't find my internet cord. oh, i'll borrow hailey's. you're downloading movies. fast! from here? where is her cord?! we switched to at&t high speed internet and got wireless access. no more cords. wireless, okay, honestly, can i just get a cord, please? dad, the cord's invisible. [ female announcer ] call at&t today to get high speed internet for just $14.95 a month for 12 months with a 1-year price guarantee.

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pushing and shoving on the steps of the u.s. capitol this morning as occupy activists scuffled with police. one person was arrested. today's protest was timed to take place as congress reconvened after its winter break. participants hope it will be the largest gathering. >> president obama says his administration has made substantial progress in new ideas to drive america's economic recovery. he spoke to his jobs council today. the group is made up of business leaders who advise the administration on economic issues. today the president highlighted his efforts in streamlining the business permitting process cutting regulations as well as efforts to shrink the size of government. ' sured councilmembers he will

continue to -- he assured councilmembers he will continue to consider their proposals. wikipedia is joining several tech companies to oppose an anti-piracy bill under consideration in congress. the supporters say the legislation is needed to protect intellectual property and jobs. many in the tech field say the legislation would give courts the power to take down a site for associating or linking to foreign websites or companies under suspicion. effectively limiting their first amendment rights. >> this could interfere with the free speech rights of like k to websites that are accused of copyright violation. even though google may not have done anything wrong linking to it could be a violation of this law. >> i have a message to wikipedia, 25 million a day in america alone do your homework before midnight. >> several sites like reddit

are taking part in the shutdown. wikipedia says the blackout could last from 24 to 48 hours. a 95-year-old world war ii hero is finally getting the recognition he deserves. the secretary of the navy to coming to acknowledge carl clark's actions while under attack. it hasn't happened until now because clark is african-american. >> reporter: this interview with carl clark was recorded as part of a project at foothill college that began in the year 2000. he describes what it was like to be a black sail already in the early 40s. >> these men were -- were sweg gated aboard ships, they were used and abused. >> reporter: clark and his men served with win y and bravery they were tested. -- with win y and bravery. the ship was hit by multiple come cost plans.

>> i was blown up again the overhead, breaking my collarbone. i was the only survivor of an -- [ inaudible ] two minutes later the second plane came in. by that time the last plane had slammed into our ship. we had lost power and were dead in the water. i carried at least six wounded shipmates up to the first-aid station. >> reporter: clark single-handedly manned a hose which usually took four men to operate and put out a fire before it reached the ammunition locker the explosion would have cracked the ship in half. despite everything the navy would not honor his acts because of the color of his skin. >> they wouldn't even give me a letter. they wouldn't give me anything. >> reporter: that is, until today. this afternoon at moffett field more than 60 years after the fact, the secretary of the

navy will present carl clark with the navy and marine corps commendation medal. katie marzullo, abc7 news. meteorologist mike nicco ahead with the forecast. the rain comes with the warmer weather. we not have to worry about overnight lows being cold or freezing. here's some of those high clouds coming ahead of the next system we'll talk how much warmer it will get before the heavy rain rolls through. you can skip the pizza delivery guy. were burgers and fries could be a phone call away. do you want free tickets and field passes for the 49ers game? all you need is a twitter account and one brilliant tweet.

there may be benefits to gossip, at least from those who are doing the talking. a study has found gossip can be therapeutic focused on pro social gossip warns about untrust worthy or dishonest people many a person's bad behavior tends to make others feel better. researchers say you shouldn't feel guilty for gossip going

it protections others. >> we deal in fact. the fact is storm, snow, rain, finally coming. >> door is opening, as you said creeking open. >> we are waiting for it to break wide open, right? >> i think it is a little rusty because of the rain it hasn't been used much. good analogy i wanted to make sure everybody got to hear. tahoe still brown and green and slightly white. by the time we get to this day next week that will be covered in white. the dumping is coming for the rear . back home high clouds, -- little bit more moisture in the air today that will keep temperatures up clouds increase tonight and that will keep temperatures up too below freezing inland valleys won't be as dangerous as it was this morning. 29 san jose, beat the old record of 30 in 1943. 28 at the airport in oakland old temperature 32, 2001, 34,

beat the old record of 36 in 1997 i saw 18 in fairfield this morning. 20 in napa. right now all temperatures in the mid to upper 40s. it is definitely cooler today even with all that sunshine. high clouds tonight, almost as cold as this morning. you will fan a little frost out there wet pattern looks like it -- starts thursday for all of us windows or the door open for about 10 days. today's temperatures 47 clear lake everybody else in the low 50s. we may get up to 53 oakland and palo alto and santa rosa technically the mid 50s most of us still around that 50 to 52 range. mid to upper 50s monterey bay and inland low to mid 50s, affect cali, yeah low to mid 50s there -- 36 tahoe, rain around eureka mountain snow showers and 49 sunshine down south 60 l.a., san diego, 67

palm springs. tonight lower 30s, lower 30s around fremont, palo alto, 33 san jose, 44 san francisco the air is coming from the arctic circle this front coming through the area of high pressure to the west from the west to the east that means it going towáç be warmer and havea lot of moisture with it. wednesday mainly in the north bay. thursday morning we are all dealing with wet weather. heaviest thursday morning to thursday evening then we get a break heavy rain will begin friday morning to friday evening break saturday morning all the way through saturday evening. saturday evening to sunday morning another push of wet weather. 3:00 sunday when the game starts, it should be getting dry that will last through at least monday morning. monday afternoon, another cans of rain. it is going to be in inches when we finish measuring it. p testing a

new plan to let you have it your way without leaving the house. the chain is testing home delivery at a few restaurants in the washington, d.c. area. the restaurant has developed new packaging technology to keep burgers and fries warp. there is a two dollar charge. burger king will expand to more stores if testing goes well. new study finds americans are holding on to their cars longer. the average age of a car last july was 11.1-years-old. the truck average was 10.4-years-old. experts say unemployment and the sour economy has caused more to put off buying new cars. the average vehicle age has been rising since 2008. rebounding sale last year are likely to slow that aging rate. 49er fans are counting the hours and minutes until tickets go on sale for sunday's game. someone is about to get four special tickets.

49er president is offering up four tickets and pregame field passes to the person who tweets him the most convincing reason why they deserve to win. the deadline is 5 p.m. today. all you need to do is post on tweus twitter and include his twitter handle, jed york. does it count if you have never been to a super bowl? >> i'm sure that is a good one. good luck. still ahead, two giant pandas making themselves very comfortable.

>> today at 4:00. are bargain air favor deals all they are cracked up to be? -- shrinking breast cancel tumors. there's stories and more at 4:00 and 5:00. >> how do you say too cute in french? >> i don't know but two giant pandas are hearing a lot of that this morning. >> they just arrived at their new home on a 10 year loan from china. more than 1,000 people waited to catch a glimpse. >> these are the first giant pandas france has seen in more than a decade. the main mission is to reproduce. >> do i hear the pitter-patter of panda feet? it is just the rain coming. >> hopefully it will be here soon so we can get the skiers

up in the sierra. getting -- let's take about the rain, a couple of inches of rain we'll all have rain thursday with the heaviest thursday morning into friday maybe just don't come back, just stay up there. >> i suppose they would like you to stay and spend money. >> thanks for joining us on abc7 news. >> who wants to be a millionaire is next. >> keep track of the latest breaking news on twitter and talk about our stories at facebook.com/abc7news. >> have a great day. bye-bye. closed captioning by closed captioning services,inc now's a great time to get at&t u-verse tv. make the switch! [ female announcer ] call to get u-verse -- now with free hd -- only 25 a month for six months -- our lowest price ever. plus get up to 182 channels

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