closed captioning by closed captioning services,inc good morning i'm kristen sze. and i'm cheryl jennings. investigators trying to figure out what to do with a workplace accident. rescue teams worked for hours to free a 50-year-old man last night. amy hollyfield joins us with more on the investigation. >> reporter: good morning. look over here a cal osha investigator is here on the scene. he do here an hour ago. whether he should be here is not as obvious as you might think. a lot depends on the relationship between the man in the ditch and the homeowner. neighbors say the man who was pulled from a trench in the

frontyard of a brentwood home is more than just a contractor to the homeowner. >> contractor they highered is a family friend. he considers him an uncle known him for a couple decades. when they needed the work done he was a contractor, called him up and brought him out. >> reporter: the dirt collapsed in on the 50-year-old man 5:30 last night, trapping him for three to his chest, leaving his head free. neighbors say he was calm throughout the ordeal. >> i knelt into the pit that was already eight feet deep it collapsed around him he was conscious he was helping. >> reporter: friends say it was hard for the homeowner to watch. >> i'm sure they were in prayer, truly. just concerned about what was going on. >> reporter: a cal osha investigator stopped by this morning to talk to the homeowner. the relationship between the two men makes it tricky. a spokeswoman said if there is an employer-employee

relationship, osha gets involved. if it is a family project the agency does not investigate. the victim is still in the hospital. he's expected to be okay. a hospital spokesman said he was not feeling like talking to reporters this morning. >> i understand he's going to be fine. their only concern ever was about the person in the trench. all this other stuff is just stuff. >> reporter: the cal osha investigator just removed these boards. now you can get a better look it is dark in there hopefully you can get a sense of the depth of the hole. the homeowner has not responded to our calls for comment. neighbors tell us they had some sort of a blockage in their sewer pipe and that's ç trying to get to. amy hollyfield, abc7 news. oakland taco truck owner and his would be robber are both in the hospital after they do into a wild shootout overnight. terry mcsweeney is live at

fruitvale and foothill boulevard. the robber picked a man who was more than ready to fight back. >> reporter: he was ready, armed and ready. he also had a bulletproof vest with him which he did not have on. but he had that gun with him and he used it to defend the money he makes at this taco truck. take a look at pictures of this parking lot where this happened 1:30 this morning. according to oakland police, two or three males came up to the vendor who was cleaning up, outside his after a day of work again 1:30 in the morning. the victim is 32-year-old omar still last. he had a gun and the would be -- robber and he exchanged gunfire, bottle were hit numerous times according to police taken -- both were hit numerous times according to the police taken to the hospital. path as well as can be expected. police have adult and juvenile

possible accomplices. we talked to a co-worker about his preparation for just such an occurrence. >> we try to prepare because you don't know when it is going to happen. so it happened last night. hopefully, it won't happen again. >> reporter: police say there have been a number of attacks attempted robberies and violence around taco trucks the most famous late last year 55th and international boulevard fatal shooting of 5-year-old gabriel martinez, jr. in his father's arms at that taco truck a drive-by shooter took his life. police say the trucks are attackive to robbers because they are open late at night -- attractive to robbers because they are open late at night. and they deal in cash. perfect target for robbers. terry mcsweeney, abc7 news. within the last hour a federal appeals court ruled it will not unseal video recordings of the landmark

trial on the constitutionality of prop 8 california's same-sex marriage ban. the court ruled the public doesn't have the right to see the footage. the judge had the proceedings recorded to help him reach a verdict. several groups, including same-sex marriage supporters and media organizations demanded the recordings be released on first amendment grounds. prop 8 supporters argued it could subject witnesses to harassment. no word on whether today's ruling will be appealed. this morning the brother-in-law of accused triple murderer edwin ramos is testifying for the prosecution. abraham martinez a/k/a goofy is an admitted ms-13 gang member and government informant. he's expected that ramos was an enforcer who hunted for rival gang member. ramos' lawyers denies he's affiliated with ms-13.

he's on trial for the 2008 shooting deaths of anthony bologna and his two sons. prosecutors say ramos mistook the family for rival gang member. he's also charged with trying to kill a third bologna son who survived the shooting. ramos remains in custody without bail. officials warn students after troubling spike in on campus robberies, eight were reported last month, six in the span of a week compared to january last year when the campus had just one robbery. officials say most of the robberies have taken place on the southside of campus during late night or early morning hours at least one happened in the middle of the day. investigators believe the increase may be due to a higher number of students in the area. campus police plan to step up their patrols. st. ignatius prep and san francisco's sunset district will stay closed until monday after a viral that sickened more than 30

students and staff this morning health officials confirmed norovirus let me correct that number more than 350 students and teachers to get sick earlier this week officials plan today to reopen today but changed their minds as a number of people getting sick got bigger. custodians are using bleach and steam to disinfect the school. norovirus spreads by touch, highly contagious the kitchen and water supply has been tested and ruled out as possible sources. surprising development in the race for the republican presidential nomination. donald trump has just confirmed he will endorse mitt romney. romney's right shall newt gingrich told his close advisers that he had -- expected to win the reality star's support. trump will make announcement this afternoon in las vegas. president obama says his christian faith and values guide his work on the most

urgent problems, including the economy. he made those comments at a national prayer breakfast in washington, d.c. this morning. he urged other leaders not to abandon their values or the moral glue that has divided the nation for centuries. >> the president: at a time when it is easy to lose ourselves in the rush and clamor of our own lives or get caught up in the noise and rancor that too often passes as politics today, these moments of prayer slow us down. they humble us. >> the president says while personal religious beliefs alone should not dictate a politician's decisions, leaders should not abandon their faith entirely. the prayer breakfast is an annual event hosted by lawmakers from both parties. images from out of this world. the moon like you have never seen it before. bay area researchers say sugar is as toxic as alcohol and tobacco. what they want the government

to do to honey...? [ mom ] yes. honey, i can'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. it's the fastest internet for the price. oooh. videos online? here? how much is that? nothing. at&t high speed internet at home includes access here. our invisible cord is really long, dad. oooh. [ female announcer ] get access to the entire national at&t wi-fi hot spot network for no extra charge. so call today to get high speed internet for just $14.95 a month for 12 months with a 1-year price guarantee. aren't you glad we switched to at&t? yes...but i want my own invisible cord. you already have one. oh. ♪

if you think partisan politics hat gotten bad here take a look at what is hatching in france. a woman ed flour on the leading candidate. the woman was -- immediately tackled by security and dragged off the stage. the candidate was not hurt. he has consistently led in the polls over the current french

president sarkozy. prince william is in the falkland islands today as part of the royal air force helicopter crew. his presence is stirring up controversy as argentina claims to be the owners of the island. majority of residents wish to remain british. prince william will spend six weeks from his wife. we know too much sugar is not good for our health is it so dangerous that the government should get involved and tax it? researchers say yes. katie marzullo takes a look at the issue. >> reporter: the study published in nature claims people eat and drink too much sugar and it is toxic and addictive, like alcohol and for your own good the government should tax and regulate it like alcohol. >> there have been other public health campaigns which seem to be very radical.

today they seem extremely mainstream. >> reporter: for example, having a designated driver or banning smoking indoors. the researchers say social change is needed in part because the healthier the population the less money everyone has to spend on health care. >> the fact of the matter is, we are talking about saving billions of dollars. potentially in terms of the amount of nine is spent on noncommunicable chronic metabolic disease. >> reporter: the sugar association disputes the findings saying to label a single food as the one and only problem misinforms, misleads and confuses consumers and adds to the problem. health expert dr. richard besser weighed in this morning encouraging people to take their health into their own hands. >> tax will cut down on it in some way. today you can get rid of the sodas, sports drinks and only one glass of fruit juice a day you do that you are not going

to have to worry about the sugar you are getting elsewhere. >> reporter: katie marzullo, abc7 news. that study is generating a lot of discussion on our facebook page. brandon: sugar consumption is a personal choice government needs to focus on education and infrastructure. jeff: we need to quit holding the food companies responsible and stop wasting money trying to regulate. the people need to take responsibility for their health. you can join the conversation at facebook.com/abc7news. this morning we are getting one of the first glimpses of the far side of the moon. nasa released video from one of the twin probes orbiting the moon. the or the bitter took this video pays passing over the moon from north to south poles. it shows new images of a 560 mile basin along the border of the near and far sides of the moon also visible a massive crater which has a star-shaped peak in the center that nasa said was made by a comet or

asteroid impact. meteorologist mike nicco has the forecast. it doesn't look very cool and it is not, warm weather on the way. did find another chance of rain i'll tell you when. >> aside from mike who the ultimate in our opinion in guy is the most famous weather predictor. what punxsuwney phil declared on this grounding who day. >> >> do you have a bored cat at home? keeping your pets entertained indoors oscar sunday february 26th, for videos, blogs and backstage buzz

phil proclaim as i look at the crowd on gobblers nob, many shadows do i see. six more weeks of winter it must be. [ booing ] >> thousands watched in pennsylvania as punxsutawney phil came out of his lair this morning with his weather prediction. the event is all scripted. the prediction is determined ahead of time by the inner circle, which dons top hats and tuxedos for the show. the celebration is rooted in a

german superstition. phil has seen his shadow 100 times and hasn't seen it 16 times since 1886. we are going to check in with mike to find out whether phil was right, what's his percentage. >> is there a record? >> of course. there's a lot of us out there that are tired of taking the arrows from rodents. 39%. >> okay. mike is 99%. >> you can never be 100%. >> we have warm weather on the way this time i think we'll be 100% right. some of the other ones, willow the wood chuck in winnipeg, general lee, buckeye chuck, wharton willie of ontario, staten island chuck, the armadillo from amarillo and aqua freddie from arizona the rattlesnake. >> all quacks.

>> everybody is in on that now. >> everybody wants a piece of the weatherman's pie, back off. we are looking northbound from sutro tower, a few high clouds that's we it high pressure in control has brought a calming influence to our weather. we do not have any spare the air. you can see the winds coming from the north to northeast tule fog up again the mountains and some of the snow on the mountains now hopefully when we get that rain next week they will get more snow. 60 fairfield, santa rosa, san jose, los gatos, 62 half moon bay and livermore everybody else mid to upper 50s four to five degrees warmer and this time yesterday mid 50s santa cruz gilroy and salinas, 60 watsonville, 62 monterey sunny and warm they are afternoon dry and mile through the weekend chance of rain next week. everybody on the positive side oakland and san francisco

three degrees warmer concord hour san jose and santa cruz five, 63 fremont, six degree jump over yesterday. sun sets at 5:34. mid 60s in the south bay, 64 san jose, santa clara and sunnyvale, peninsula low to mid 60s beaches 60 half moon bay upper 50s elsewhere near 60 downtown south san francisco, near 60 north bay beaches mid to upper 60s valleys east bay shore low to mid 60s, slight warmer mid 60s east bay valleys danville and concord, pleasanton fairfield 65 warm around monterey bay low to mid 60s even more so inland neighborhoods mid to you upper 60s. 70 l.a., 75 palm springs, 45 in tahoe where they were making snow this morning even when the sun came up. 30s will dominate most neighborhoods tonight 40s around san rafael, richmond, oakland san mateo,

half moon bay and san francisco area of high pressure pushing all of our storms to the north. one will get close enough on that storm track to bring's chance of rain monday and tuesday. until then being mid to upper 60s with sunshine throughout the weekend. some say it is the purrfect playmate or loan any cats. an australian college student has develop add ipad app to keep your feline from getting bored when you are not the home. three games, one for the cat to keep the mice from getting the cheese. the apps are designed to stimulate and entertain. >> this -- it will shuffle through games so the cat will remain interested. >> it is going to scratch up the ipad screen a little. the app was designed as part of a charity project continue courage owners to keep cats indoors for safety. the download is free. you may want to take the can is to the oakland zoo to

meet total cuteness. maggie the first female giraffe born at the zoo in a decade is making her public decade today. she measures six feet tall, a lot of growing ahead of her. the zoo is hosting experts from all over the world next week to talk about how to improve the lives of captive and wild giraffes. what's hot, next. >> stay with us. ?ippúú??g?g?n?ñ

today distancing from the i could machine -- komen race for the cure that story and more later today. starting at 4 and 5. music legend performs. don san has what's hot. [ inaudible ]

>> stay home and catch hugh jack man fighting robots on blu-ray. don sanchez, abc7 news. that going to do it for

us. ...with a two-year-old at home. i have two daughters. we have five boys and a large family. i couldn't imagine not having at&t u-verse. like, if we're watching a movie in mom's room, and mom doesn't want us in her room, we just go in the living room and continue watching it. [ female announcer ] call to get u-verse -- now with free hd -- for only 25 a month for six months -- that's our lowest price ever! plus get hbo and cinemax free

for three months. if i need to pause something as it happens. diaper. he can start screaming. i can stop the show and then pick it up on a different tv somewhere else in the house. we can record sesame street for her, boring sports for him and for me the real housewives of anything. [ female announcer ] call to get u-verse with free hd for only 25 a month for six months -- with a total home dvr included. plus get hbo and cinemax free for three months. u-verse tv ranks "highest in residential television service satisfaction" by j.d. power and associates four years in a row! without u-verse i think we'd be just a big mess. ♪