he's the drug company big shot who raised the price of a lifesaving pill by five thousand percent. said he wished he'd raised it more. prop sixty-one targets drug company price-gouging to save lives. the drug price relief act will save californians nearly a billion dollars a year. join the california nurses association and aarp and vote yes on sixty-one. the drug giants won't like it. and he'll hate it. whmy doctor.houldn't hamy dentist.veryday? definitely my wife.

wait, i know what i want. make sparkling water at home. and drink 43% more water every day. sodastream. love your water. assault victim as its woman of the year. good afternoon. it's tues now at noon glamour magazine names brock turner's sexual assault victim as its woman of the year. good afternoon, it is tuesday, november 1. i'm kenny choi. >> i'm michelle griego. that story in just a moment. >> but first an overturned big rig on southbound highway 101 in san jose just north of interstate 880. as you can see, the truck flipped on its side and crews are working to lift it up. the right two lanes are closed. drivers are being routed around the big rig via the carpool lane and this is causing major backups. it's unclear if there are any

injuries related to the crash. as for other our other top story, a glamour magazine woman of the year is someone who has never been seen by the general public. as anne makovec reports, the magazine is honoring the victim in the brock turner sexual assault case. >> reporter: there's no name or picture of the woman who was sexually assaulted by former stanford swimmer brock turner on glamour magazine's website. just this image of a pink rose. and a brief essay is written by the woman who says, victims are not victims. not some fragile sorrowful aftermath. victims are survivors and survivors are going to be doing a hell of a lot more than surviving. on january18, 2015, emily doe was sexually assaulted by brock turner as she lay unconscious by a dumpster. after turner was convicted last spring he was sentenced to six months and he was released after one. but his victim wrote a powerful

impact statement as part of turner's trial, a statement that then went viral on buzzfeed and was read aloud on the floor of congress. >> you don't know me about you have been inside me and that's why we're here today. >> reporter: california has now closed the loophole that had allowed lighter sentences in cases where the victim is unconscious or severely drunk a move predicated by the turner case. >> it puts her face or representation out there for women who feel like they aren't comfortable about talking about their situation. >> reporter: if you think the answer is that women need to be more sober, she says, more civil, more upright, that girls must be better at exercising fear, must wear more layers with eyes open wider, we will go nowhere. that glamour article includes a link to the petition to recall judge aaron persky. it hits newsstands a week from today. on the stanford campus, anne makevoc, kpix 5. >> glamour's past women of the year honorees helped select

emily doe and 10 other 2016 women of the year. they include one man, bono, front man of the rock band u-2. new at noon, san francisco city attorney dennis herrera now declaring the state's current bail system unconstitutional and he won't defend it in a federal class action lawsuit. kpix 5's jackie ward on this latest twist in the case against san francisco's sheriff. >> reporter: kenny, he believes that this is a first time the government entity has refused to defend a state bail system in court. he said. this he says that people should remain in jail. no argument there. how much money a person has is not a measure of whether they pose a threat. he believes the current system is two tiered and allows people who aren't threats to society to be locked up for days because they can't make bail. others can be released because they can make bail. he says this is unconstitutional. >> a bail schedule that lifts

the price of freedom without any consideration of the individual circumstances does not serve the interests of the government or the public and it unfairly discriminates against the poor. >> reporter: this is a response to a lawsuit that was filed by a national civil rights group last year. it has support from both the sheriff and public defender offices. sheriff ross mirkarimi said 85% of inmates are jailed before trial because they can't post bail. it's been gotten rid of in several other states. jackie ward, kpix 5. >> as jackie said, san francisco public defender jeff adachi supports herrera's decision not to defend the bail system. in a statement, adachi said, quote, the practice of jailing the poor and people of color simply because they cannot afford bail is indefensible and violates the presumption of innocence and our country's commitment to equal justice for

all. in san francisco, the search is on for the next top cop. the list of candidates for police chief of candidates will be whittled down to three today. 61 people applied and the police commissioner road it to 10. among those who applied is interim chief toney chaplin. the goal today is to chutes final three during a closed- door session which starts at 5:30 this afternoon. once those three finalists are selected, it will be up to mayor lee to select a chief. "covered california" open enrollment is now under way. you can expect to pay for insurance this year but price surges will be smaller than the average national increase. new shopping tools and 300 new storefronts are launching to make it easier to shop. since the exchange opened in 2014, more than 2.8 million californians have purchased health insurance through "covered california." from health insurance to politics. with one week way from the ee also, donald trump is riding a

wave of momentum following the fbi's announcement that it is re-opening the investigation into hillary clinton's handling of classified material. the latest abc news-"washington post" poll has trump ahead by a point nationally. as craig boswell reports, clinton says that she has nothing to hide and says that the fbi should be more forthcoming. >> reporter: hillary clinton says the fbi won't find anything wrong in a batch of newly discovered emails. >> if they want to look at some more emails of one of my staffers, by all means, go ahead! look at them! >> reporter: the bureau is poring over thousands of emails it discovered on a laptop clinton's aide huma abedin shared wither husband anthony weiner. >> do you think right now that hillary clinton is happy with the services of huma? >> no! >> i don't think so. >> reporter: the clinton campaign accuses james comey of having a double standard for its revelation into clinton's emails and refusing to confirm the bureau may be investigating

links between donald trump and russia. >> he won't say what he is doing with donald trump. but what we are hearing from nominee leaks is they are investigating donald trump's ex- campaign manager over his connections to russia. >> reporter: the "new york times" reports the fbi did look into possible trump ties to russia. they found absolutely no link. donald trump is focusing on his other favorite topic today, obamacare. trump's tying clinton to the president's healthcare plan with announced premiums going up at least 25% this year. >> if we don't repeal and replace obamacare, we'll destroy american healthcare forever. >> reporter: tuesday clinton will try to shift the attention back to trump when she campaigns with an overweight beauty pageant winner. craig boswell, kpix 5, the white house. >> trump has gained double- digit leads with women in every poll. with election a week away today is the deadline for

registered california voters to apply for vote by mail ballots. at this point, people will have to apply in person at their county's registrar of voters office. california voters will also died whether to legalize recreational marijuana. the golden state is the largest out of five states making that decision this year. the measure is expected to pass here in california but in states like massachusetts and arizona and nevada, the polls are closer. if the measure passes, nearly a quarter of the united states population would live in a state where marijuana is legal. >> marijuana is now at the forefront of mainstream american politics. if we win big, we have a chance to end federal marijuana prohibition. >> this is a david and goliath fight for us on the no on legalization side. we are fighting against massive corporate interests with tens of millions of dollars. it outspent us 15:1. >> both sides of the debate are using colorado and washington's experience with legal pot to

support their arguments. colorado did it four years ago but their governor says it hasn't been easy. with polls showing proposition 64 leading in california, san jose and several other cities are scrambling to set up local regulation for recreational marijuana. today the san jose city council will consider a temporary ban on the industry. it would give the city some time to prepare guidelines for local recreational pot businesses. berkeley has already approved a similar plan. campbell, palo alto, hayward, foster parents and martinez are among other cities trying to get some marijuana controls in place before election day. bill cosby will go to trial next summer. the 79-year-old entertainer is charged with drugging and molesting a former temple university employee in 2004. the judge will decide whether 13 women who accuse cosby of similar assaults can testify to show a pattern of behavior that

dates back decades. attorney gloria allred represents some of the women. >> their testimony would tend to show a common scheme or plan by mr. cosby and, therefore, it is relevant. >> defense attorneys question the other women's memories say the events they described happened decades ago and may have been influenced by the media coverage of the case. cosby faces up to 10 years in prison if convicted. a school bus and commuter bus crashed into each other early this morning killing several people. next, the investigation under way into what went wrong. >> plus, showing support. the south bay city planning to back the north dakota protestors opposing a pipeline project. >> good afternoon from our kpix 5 studios where we have been monitoring exiting of one storm and now we'll talk about the next rain event and how it will affect your weekend. stay with us. the news will continue. we'll be right back.

they prey on our children, spending billions. addicting 17,000 california kids each year. eventually killing one-third of them. now tobacco companies are spending millions to... defeat prop 56. because in every state that's raised tobacco taxes, smoking rates go down. so who are you going to trust? pediatricians, cancer groups and the califronia pta who all...

support prop 56. or the tobacco companies trying to kill it.

a commuter bus this morning. at least six people have died - ten more have been r al. developing news out of maryland where a school bus crashed into a commuter bus this morning. six dead, 10 more in the hospital. no children were yet aboard the

school bus. the driver died as well as at least five more aboard the mta bus. the impact destroyed parts of both buses, shearing off the side of the mta bus, crumble the front end of the school bus and scat early debris all over theed. >> in literally looks a bomb exploded in the bus. it's catastrophic damage. >> still no word what went wrong. but investigators say the school bus struck the back of a mustang, then hit a concrete pillar before veering into oncoming traffic right into the path of the mta bus. right now, fire continues to burn at the scene of a gasoline pipeline explosion in eastern alabama. at least one person was killed and several others were injured yesterday during the blast in shelby county. there were evacuations in the area. it happened when crews using heavy equipment hit a petroleum pipeline. today san jose city council is expected to officially support the north dakota

protestors opposing a pipeline project. council members will reveal a letter that emphasizes the environmental consequences of pipeline construction. the standing rock sioux opposing the plan say it will damage their tribal areas. sam liccardo says the federal government should engage with indians and respect their rights and concerns. today's the start of the cold weather "spare the air" season in the nine county bay area. on days of increased air pollution, the air quality management district will call for a "spare the air" alert banning wood burning on those days. starting today, bonfires are banned in san francisco's ocean beach because of a no burn season. the area expects the ban on recreational fires will significantly improve air quality. the no burn season is until february 28. it will give crews time to carry out a beach clean-up and fire pits along the sand time for a check of weather with roberta. >> kenny and michelle, earlier

today we were talking about the fact that halloween is behind us, it's all holiday from here on out and nothing says the holidays better than a post cashed from the greater lake tahoe area. this is the snow that has fallen in the past 24 hours at "sierra at tahoe." several inches of snow. in fact, we just took a look at 4 different resorts in fact area opening up on november 11th just 10 days away opening up early due to all the snow that has accumulated in the month of october. in fact, when it's snowing there, it generally is raining here! and your october rainfall, this is how much has accumulated. nearly 7.5" in santa rosa. that's about 346% above average. santa cruz over 4." livermore over 3. 300% of average for this time of the year. we have cloud left over from this morning's rain. temperatures currently in the 60s. so winds have been generally up to 10 to 12 miles per hour at the estuary of oakland at 7,

san francisco 10. around the peninsula, 7 to 10- mile-per-hour winds. calm to the north. winds will rotate to the west, increasing 5 to 15 during the afternoon hours. satellite-radar, this is a system bringing us snow to the high sierra. this is out of here. we have a clear slot here. it will be mostly clear tonight. then behind it, yet another system. we'll track that momentarily. but that's what you're looking at rainfall from our weather watchers up to about a quarter inch so says peggy in petaluma thank you very much. futurecast. tonight clear skies we enter your wednesday, clear skies and then look what happens behind it. this is low pressure and it will flirt with the coastline but what it will do is it will churn up our surf. that's why the national weather service issued a beach hazard statement swells up to 27 feet on thursday. so here we go. temperatures across the bay area under 70 everywhere, that breeze kicks in later. after it sets, temperatures

overnight 40s, 50s. you can get out that extra blanket. that's some good sleeping weather temperatures warm, thursday, friday. a little bit of light rain in the friday sunday morning no interference with that broncos and raiders game on sunday evening. >> oh, that is good. we'll be watching closely. >> great football weather. >> thank you. more bay area headlines now. today marin county supervisors are considering a new living wage ordinance. the proposal would amend the county's living wage. it would also pave the way for automatic increases of the minimum wage to $15 an hour. starting next year, british columbia will offer flights from all three of the bay area's international airports. the airline announced today it will have flights between oakland international airport and london's gatwick airport beginning in march 2017. british airways also has flights in and out of san jose and san francisco. ♪[ music ] samsung shaking a billion- dollar investment. still ahead the product that the tech giant is banking on to become its next big moneymaker. ,,

when legalizing safe, responsible adult use of marijuana, the most important question is how? by voting yes on prop 64: adults 21 and over could only purchase marijuana at licensed marijuana businesses. and prop 64 bans advertising directed at kids... requires strict product labeling... child-proof packaging... and bans edibles that appeal to children. smart provisions to safeguard our families. learn more about the safeguards at yeson64.org.

the tech giant plans to do that by the end o new at noon, samsung electronics is investing more than $1 billion into u.s. chip production. the tech giant plans to do that

by the end of june. in a statement, the company says its investment would boost output of chips for mobile and other electronic devices from the existing facilities in austin, texas. new rumors are swirling about the next version of apple's iphone of the cupertino- based company is not expected to unveil a new iphone until next year. but there's already speculation that apple will switch to curve oled displays, organizic light- emitting diodes. among the benefits are brighter colors and more efficient battery consumption. the speculation is fueled by sharp, an apple supplier. let's check the big board and see the dow is down about 143 points. forget just one day. still ahead, how many days amazon is giving you to shop its black friday deals. >> and the magic harry potter coming to your smartphone? coming up late today on kpix 5 news at 5:00, how you may be

able to cast spells and how your phone will respond. ,,,,,,,,,,,,,,

the mae gave her top executive managed aa huge pay raiseet, and a lavish car allowance, run up a deficit, then cut jos for local teenagers, and cut after-school program. no wonder tchronicle called mae torlakson "flat-out unprepared" for the assembly. they endorse tim grayson. as mayor of concord, grayson balanced the budget every yer while doing more for kids. tim grayson for assembly. amazon is killing off black friday by making it into an event that halloween is over which means the focus is now on christmas shopping. >> that's right. amazon is killing off black friday by making it into an event that lasts 2 months. get ready. >> oh. >> the retailing giant launched it today. the deals last through thursday, december 22, 52 days of deals. that's not all.

the company is also expanding their app's features which will allow users to take a photo of an object and search for it on the amazon website. so shopping made a lot easier. >> i have to start shopping now. i'm always shopping. but for other people now. >> constantly. >> i know. >> i shop all year long for people. then i just put it in the closet. but if you want to feel the holiday spirit take a look at the tahoe weather shots. boy. >> look at that. >> 7" of snow in the past 24 hours. captions by: caption colorado comments@captioncolorado.com

>> quinn: look at you! out of bed and downstairs. >> eric: look at me. >> quinn: mmm. there you go. [ sighs ] yeah, it's so good to see you out and about. >> eric: almost, huh? >> quinn: you know what, you got a ways to go, but you, mister, are improving. i'm gonna get you a glass of water. i'm telling you, this is a day that i have been praying for. i know you're probably laughing. quinn, praying? but, yeah, i do. i pray. and i've been praying for you to get better and just -- [ piano plays ] oh! eric! it's wonderful! come on. come on. [ music stops ] no! what? >> eric: this is terrible.