brock linda macdonald is captioning for you in real time. now at noon, out of jail and into the public eye. former stanford swimmer brock released early after being convicted for sexual assault. >> meanwhile, the judge in the case faces a firestorm of his own. protestors demanding that he be removed from the bench.

good afternoon, i'm kenny choi. >> i'm michelle griego. kpix 5's maria medina is outside the santa clara county jail where protestors gathered after turner's release. maria. >> reporter: well, a much quieter scene than just a couple of hours ago when there was a huge media presence and some protestors. it was just after 6 a.m. that brock turner walked out of the main jail. the sheriff said he would not get any special treatment and she kept her word. brock turner left his jail cell and walked out of the front doors of the santa clara county main jail. [ reporters yelling ] >> reporter: right into a gauntlet of reporters. he didn't answer questions. deputies cleared the way for him to get into a waiting vehicle. hours later -- [ chanting ] >> reporter: -- protestors gathered at the steps of the jail to voice their disagreement with turner's six- month sentence. >> i'm disgusted by it. it's absolutely disgusting. >> reporter: and across the street another group of

protestors who want the judge who sentenced turner removed from the bench. >> are you ready to give persky the early release that he deserves? >> yeah. >> is it time to release judge persky? >> yes. >> i hope judge persky knows that he is as much part of the problem as brock turner is. >> reporter: in the end, turner served 90 days for sexual assaulting an unconscious drunk woman outside a frat party last year. the sheriff spoke out after his release saying, she believes the former stanford swimmer belonged in prison all along. >> we're done with him. he should be in prison right now but he is not in our custody. >> reporter: and turner will have to register as a sex offender. as for persky, he says he has received death threats and he is has asked to be reassigned to civil cases instead of criminal cases. maria medina, kpix 5. >> did the sheriff say anything about turner's time in jail? >> reporter: yeah. you know, the only thing that the sheriff would say is that he was under protective custody

like any other inmate who is convicted of a crime that he was convicted of. but she did say that he was receiving hate mail at the jail while he was there. back to you. >> thank you. meanwhile, the santa clara county d.a.'s office issued this statement on turner's release saying, if we had our way, brock turner would be in state prison serving a six-year sentence not going home. however, our focus today is on a bill that will require a state prison sentence, not probation, for anyone convicted of sexual assaulting an unconscious person. with the governor's signature, the next brock turner will go to prison. that's contrary from the assistant d.a. who prosecuted the case. kpix 5 learned that weeks ago [indiscernible name] sent an email in support of aaron persky saying i'm sorry for any negativity or personal attacks that you're enduring. i disagreed with the sentence but i have the out respect

utmost respect for you as a judge. >> he was taken to a motel in mountain view. our crew at the scene never saw him leave again but the hotel staff says he was gone. he is expected to return to his hometown near dayton, ohio. sheriff's investigators are looking for a potentially armed and dangerous inmate mistakenly released from a san francisco jail. 20-year-old victor rodriguez was arrested last november accused of robbery, battery and resisting arrest. investigators say that he made criminal threats to deputies while still in custody a couple of months ago. wednesday after his cases were heard before a judge, officials say that a clerical error led to his release. the mayors of two bay area cities are joining forces in support of november ballot measures that would tax sugary drinks. kpix 5's anne makovec has the latest on an election issue. >> reporter: this measure would

charge soda distributors a penny per ounce of soda they sell. so for a bottle this size, it would cost an extra 20 cents. >> we're going to win this battle. >> reporter: doctors and politicians lining up outside of san francisco city hall framing the sugary drinks debate as the people versus big soda. it's a war on sugar-sweetened drinks like soda, iced tea and sports drinks. the goal? fighting obesity and diabetes. >> no longer can sit back and let the big soda industry target and hurt our community. >> reporter: those against the measure say charging the distributors is basically a tax on their businesses. they are calling it a grocery tax saying they would spread that extra cost throughout the rest of the merchandise. they have been running tv ads against it. >> the grocery tax is going to hurt my customers. there's a limit to how much they can spend. it doesn't help the people who are suffering the most, the

lowest income earners. >> reporter: the pro-soda tax side is running its own multi- million dollar campaign. >> we have to be smart. we have to be smarter than those that sell to us this disease, we have to conquer it. >> reporter: the soda tax measure is on the ballot in oakland, albany and san francisco, where voters rejected a similar tax in 2014 and will make the decision again in november. the difference this year is the tax only needs a simple majority to pass. last time around, it was two- thirds. in san francisco, anne makevoc, kpix 5. there's controversy about the educational background of the acting police chief of the san francisco. "the examiner" reports toney chaplin said he graduated from colorado state university. but the paper checked and couldn't find any records of it. chaplin is among 60 people who have applied to be san francisco's permanent chief. the 49ers wrapped up their

preseason under unusual circumstances in san diego. the reason? quarterback colin kaepernick's vow to keep protesting the national anthem. kaepernick was loudly booed by charger fans, then continued his protest with a slight difference. instead of sitting during the star-spangled banner, he crouched on one knee. he said he understands the criticism but is not backing down from his stand. >> the message is that we have a lot of issues in this country that we need to deal with. we have a lot of people that are oppressed. >> kaepernick also says he plans to donate a million dollars to charities supporting his causes. right now, what was once hurricane hermine is moving into the carolinas and weakening as she moves north. but in the storm's wake, florida's gulf coast dealing with the aftermath of strong winds and rain. entire coastal communities are under water. reporter kenneth craig looks at the storm that's expected to ruin a lot of labor day weekend plans. >> reporter: waves lashed the

bulb head along charleston's waterfront while shopkeepers sandbagged storefronts ahead of tropical storm hermine. the storm made landfall overnight near the florida panhandle as a category 1 hurricane. the first for florida in more than a decade. a seven-foot storm surge and several inches of rain flooded streets and downed trees, knocked out power to more than 100,000 residents. >> we'll spend the coming days assessing the damage and responding to the needs of our communities and florida families. >> reporter: hermine is now bringing heavy rain and 60-mile- per-hour winds to georgia and south carolina. >> we're taking this storm very seriously. >> reporter: charleston's mayor reminded residents that just because hermine is no longer a hurricane, it is still a threat. >> we are expecting serious winds, serious rainfall, that can lead to flash flooding. >> reporter: here along charleston's waterfront, hermine is more of a spectacle than a threat at least for now. >> we're enjoying getting out

right now. and, um, not really, um, prepping or anything, i guess. >> i love it. >> reporter: love it? >> i absolutely adore it. >> reporter: benjamin moore has lived here all of his life. he is taking this storm in stride. >> i'm afraid it's going to veer inward. >> reporter: here hermine is expected to move off the northeast and stall off the coast of new jersey for labor day weekend. kent kraig, cbs news, charlton, south carolina. >> there are fears it might stall the war on the zika virus. cities in hot zones have been busy eliminating all standing water but in flooded communities that could take days. forecasters say that the good into us is that heavy rain can also wash away mosquito populations. meanwhile. the fight has come to california now. the cdc has awarded los angeles county more than $700,000. the money is to help identify cases of microcephaly. that's a serious birth defect probably accused by the zika virus infection. a new york mother is

demanding a federal investigation after her 5-year- old son was put on the wrong flight home. andy mer accardo was flying from the dominican republic to jfk as an unaccompanied minor. his family paid jetblue $100 to have him escorted by a flight attendant. but when the flight landed, the boy wasn't on board. >> when i went to pick up my son, he wasn't there. i was given another boy! >> andy ended up in boston. apparently switched with another child. he was wearing a wristband with his name on it but the other child had his passport. jetblue has given the family a full refund. but andy's mother is considering suing. still ahead, taking a breathalyzer test to attend a high school dance at a northern california school making it a requirement. >> plus a rouge recall from a smartphone -- a huge recall from a smartphone maker, samsung recalling 2 million phones just released. >> live from the alameda county

fairgrounds, home of the scottish gathering and games. i'm roberta gonzales. currently it's 83 degrees. there's no wind so we decided to seek out the wind instruments. it's the bagpiping play-offs and we have it for you live and your local forecast for the holiday as the news continues. we'll be right back. ,,hihihi's mimi- - - ititititmit] lois prices from grocery outlet. - hi, it's... the rest of us! - hey there. - hi! - hey. loifor over 60 years now, grocery outlet has been selling the brands you know and love,

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osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! (children giggle) symbicort. breathe better starting within 5 minutes. call or go online to learn more about a free trial offer. if you can't afford your medication, astrazeneca may be able to help. smartphones. cbs reporter marlie hall -- on the problem -- and what the recall could mean for the global technology market. its galaxy note samsung is recalling millions of new high-end smartphones. marlie hall on the problem and what it could mean for the global technology market. >> reporter: samsung launched its galaxy note 7 just two weeks ago. but already, dozens of

consumers have reported fires prompting the company to recall 2.5 million devices. at a press conference in south korea, the president of samsung's mobile business said, the recall will cost so much, it makes his heartache but that safety comes first. he said the company has identified a glitch in a battery cell which has caused at least 35 phones to explode or catch fire while charging. >> other phones have caught on fire but this is a flagship phone. they have the run of the phone, millions of phones recalled right after release. i can't think of anything that has been as big as this. >> reporter: the recall comes at a crucial moment in the smartphone race. the supersized note 7 was scoring strong reviews and better-than-expected sales. samsung was counting on its success to challenge apple, which is expected to announce its newest iphone next week. >> this is the worst possible timing for samsung. they had a hit and it looks like they were going to

outmatch apple. and look what happened. >> reporter: samsung says its replacement phones will be available in about two weeks. marlie hall, cbs news, new york. >> so far, no injuries have been reported from the phones. new at noon, delta says it took a big financial hit when its computer system went down recently. the carrier announced today it lost $100 million in revenue. last month's outage forced the cancellation of 2300 flights and caused countless delays. the outage was blamed on a fire and failure of equipment in delta's georgia headquarters. checking in on your money now, live look at the big board on wall street shows the dow is up about 61 points. tonight's back-to-school dance will mean blowing into breathalizers in one california community. students at one high school in loomis will be required to pass a sobriety test if they want to attend. it's a practice that's been in place in other districts and a

handful of events. the principal says that they don't want a single violation. >> it's not designed to do a gotcha. it's designed to say hey, come here the right way without any alcohol. hopefully no drugs or anything like that. and have a good time. >> it's like more of an encouragement not to do it because we're not about that here. we shouldn't be doing stuff like that. >> students who do test positive for alcohol would be dealt with by a school resource officer. parents have been 100% behind the program. more americans are getting away from home this labor day weekend which starts today. a survey by trip adviser suggests a 10% increase in holiday travel compared with last year. most people will be driving but air travel is also expected to be up 6%. the most common plans this weekend are beach trips, city getaways, lake escapes and national park visits. and for me, it's a "stay- cation." i'm staying home. [ laughter ] >> that's a good way to spend the weekend. >> it's not bad, you know, a little rest and relaxation.

speaking of the weekend, roberta gonzales is live with the mobile weather lab in pleasanton with our labor day forecast. >> reporter: and the train. laugh [ train horn ] >> reporter: just as we get on television here we have a train going by. high of here at the alameda county fair. take a look at this. see this right there? those are real live bagpipers. not imitation. these guys have the game faces on right now. i'm going to tell you exactly -- we don't want to bother them. they are in the zone right now. they are focusing. i'm focusing on this right now. it's 83 degrees out here in pleasanton. our satellite-radar map does show that we have the clouds now beginning to filter back into the coast after starting off clear this morning. you can anticipate across the bay area today is warmer weather. high temperatures expected from the coast today's highs in the 60s at the beaches, 70s around

the bay. inland into the high 80s. outside number today 88 degrees in livermore. 89 in the brentwood area. meanwhile, your sun goes down tonight and as it does, well, this will be the warmest day of the next couple coming up. as we look at the seven-day forecast we are calling for cooler weather saturday and sunday all due to an upper level trough enhancing our marine layer so we wake up with some drizzle along the coast and the bay on saturday morning. then sunshine 60s at the beaches. low 80s inland areas. [ bagpiping in the background ] >> slightly warmer for the holiday. big doings going on, we have the -- [ no audio ] [ please stand by ] >> we're in the process of finishing the setup for the games and we have food vendors out here, piping contests,

dancing contests. you can sample single malt whiskey all weekend. tickets are various prices. one day tickets $25. come out and see us over the weekend. >> well, yeah. usually every, single year, how many years has this been going on in pleasanton? this is the 23rd year in pleasanton. >> and so 30 to 40,000 people come out here for the weekend include today. today isn't for the audience. it's for the bagpipers big play- off showdown. we have individuals being judged like rubin here. how long did it take you to learn how to play the bagpipe? >> many, many years, ma'am. >> let me here a little ditty here. you have your air supply and reeds? >> you do it the. >> let me here something here. ♪[ music ] >> again, it's the scottish gathering and games taking place at the alameda county fairgrounds this weekend 20

bucks will give you lots of food and entertainment. if you want more information you can visit us online at cbssf.com. kenny and michelle? >> roberta, we love the bagpipes. we know you're having fun out there. thanks so much. ♪[ music ] >> she is definitely orchestrating. >> reporter: it's a lot of fun but loud. >> thank you. still ahead, a high price for a throwback music player. how much you'll pay for the new sony walkman. ,, ,,,, ,, ,,

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sony is selling a new walkman on old school music player is making a comeback but it will be expensive. sony is now selling a new walkman for $3,200! yes. it's meant for high-tech junkies who prefer a super clean sound. a lot of wiring on the inside of the device is gold and copper. the updated walkman has over 250 gigs of storage and a gold plating on the outside. >> they used to be 30 bucks in the '80s. it's a sweet snack. tony tantillo has a tip on seedless grapes. >> reporter: well today's tip of the day is seedless grapes. it's grape season now especially in august peak in

the season in august. this is the muscato long green grape. flavor profile, crunchy, delicious and very, very sweet. when you buy them, stem nice and green all the -- by the way, look how big that bunch is, it's beautiful! -- all the grapes nice and large. very important. and if you shake it like this they don't fall off, they're fresh. when you bring them home, simply store them in the refrigerator right away. and enjoy them within three to four days so they stay nice and sweet that way. if you leave them in the refrigerator for too long, you know what happens? they lose the flavor. one more thing. they are great for us. grapes are a natural energy snack. you just can't beat it. seedless, you got to try these. i'm tony tantillo, your fresh grocer. and always remember to eat fresh and stay healthy. you ,,,,,,,,,,,,,,,,,,,,

allen and liz will see you at that's it for us at noon. captions by: caption colorado comments@captioncolorado.com ,,

the wolf was huffing and puffing. like you do sometimes, grandpa? well, when you have copd, it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said... symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! (children giggle) symbicort. breathe better starting within 5 minutes. call or go online to learn more about a free trial offer. if you can't afford your medication, astrazeneca may be able to help.

>> bill: we're not waiting. >> brooke: you only just signed divorce papers. we shouldn't be rushing into this. >> bill: ending a marriage that was dead a long time ago. and -- and haven't i been the poster boy for -- for patience, i mean, counting the days until this moment? well, no more. we have nothing to hide, no one to protect, no fears. our life together starts now. ♪