f0 now at 11:00. >> we're very devastated. this is a huge loss. >> an east bay family in mourning tonight when a fire tore through their home while three kids were sleeping. then after more than 30 years in prison, a bombshell announcement in the case of the menendez brothers. >> i believe they have paid their debt to society. >> how a former san francisco district attorney may have opened the door for the brothers to walk free. plus, how a massive e. coli outbreak at mcdonald's could be tied to a salinas-based company. and a man that stole a car over and over again but always made sure to return it.

from kpix, this is the late news with sara donchey on cbs news bay area. hi, i'm sara donchey. in the early hours of sunday morning, firefighters rushed to a san pablo apartment off of manchester avenue. a family at home in an upstairs unit was there, and by the time firefighters arrived it was too late. the family lost two people that night, including a child. a third family member is fighting for their lives in the hospital. andrea nakano talked to family and friends tonight about their tremendous loss. >> reporter: there's a growing memorial outside the apartment where two young men, a 22-year-old and a teen, lost their lives in a fire. family and friends are trying to process the tragedy, but they are in complete disbelief. >> it's just hard to wrap my head around. i can't even wrap my head around it. >> reporter: mariah martinez is

coming to the memorial to remember her friend, writing messages on the cards left by the candles and flowers. >> he was very much loved, and even though his outer body shell is no longer here, his spirit will live on forever. >> reporter: mykel died at the scene. his 15-year-old cousin and 11-year-old brother were taken to the hospital. omari didn't survive. >> we're very devastated. this is a huge loss. >> reporter: amy jackson is a cousin of the boys. she says most of the family spends hours at the hospital every day. malik is in critical condition with burns to 95% of his body. >> he's fighting. he's putting up a good fight, and we're just trying to stay strong and continue praying. >> reporter: it's been difficult as family members are also grieving the loss of two young men. >> we never thought that this

would happen to us, um, and we basically need support from community leaders. anybody. we need a lot of support. our family, we don't have anything to give them a proper burial. >> reporter: jackson says the family is grateful for the support they've received so far, first of all from the numbers such as mary luis who alerted firefighters there was three people in the apartment. >> i told them there was three kids upstairs. they got two out and found the other in the back room. >> reporter: contra costa county firefighters are still looking into the cause of the fire that was contained to just the upstairs unit. martinez says it's hard to look up and see the burned out windows where her friend lost his life. >> it's very heartbreaking and so sad, and this is, this has

really impacted the entire community. i feel like this is impacted everyone. mcdonald's says a deadly e. coli outbreak linked to quarter pounders was tied to a salinas company. the fast food chain says the outbreak is probably the result of tainted onions from taylor farms in salinas. the outbreak has sickened at least 49 people in 10 states. in san francisco, we were supposed to hear more testimony in the high profile bob lee murder trial today, but it, along with every other case at the courthouse had to be postponed due to a one-day strike of court employees who

say they need better training and more staffing. they even accused management of violating state labor laws. [ chanting ] >> the striking workers tell us they have to handle dozens of cases a day, and not having proper training leads to mistakes that can delay and extend trials. >> you need to be trained on how to make the court function properly to serve justice to the community. you know, we want to process defendants' cases as expediently as we can, but we have to be trained properly because the courtroom is a moving target. >> and while the clerks intended this to be only a one-day strike, that depends on response from management they say. they'll be back at the negotiation table at 10:00 a.m. tomorrow. as for the bob lee trial, at this point lawyers for both sides are expecting to resume monday morning. the menendez brothers became infamous household names back in

the 1990s. they're serving life terms for killing their parents in 1989 with no hope of being released until today thanks in part to a former san francisco da. >> what's the problem? >> someone killed my parents. >> excuse me? >> someone killed my parents. >> were they shot? >> a decades old murder case getting widespread new attention from netflix. >> they looked like a perfect family but something very wrong was happening. >> is now headed back to the room. erik and lyle menendez accuse of the murdering their parents more than three decades ago could not get a chance at freedom. >> we'll recommend to the court that life without the possibility of parole be removed.

>> reporter: george gascon recommending resentencing. prosecutors reviewed the case after the the defense came forward with new evidence, including a letter written by erik they say corroborates abuse allegations against their father, jose. >> there's no excuse for murder, and i will never imply that we're doing is excusing the behavior, but even if you're abused, the right path is to call police and seek help. but i understand how sometimes people get desperate. >> reporter: a judge will ultimately decide on the brothers' case. but for the menendez family it's already a victory. >> we can make sure they get the justice they deserve and finally come home. >> at least one family member is against the release, and while the defense attorney says they could be home for thanksgiving, legal experts say that's unlikely.

exactly 80 years to the day after they were wrongfully convicted, the port chicago 50 have a new tribute. a brand new monument marks the place where their trial occurred. here's how the family of one of the men is keeping his legacy alive. >> reporter: carol cherry and her sister deborah came to remember their father cyril who was wrongly convicted of mutiny. >> in a way it's a little somber because he's not here to see it. especially when i think about him living his life knowing he did the right thing. but being condemned for it. >> reporter: the navy convicted 50 black sailors of mutiny on october 24th, 1944. historians say the men were not properly trained to load munitions. >> i know in this moment he would feel vindicated, but i

wish he'd lived to see it. >> reporter: carol says her father didn't say much about his military service understandably. she started her journey of discovery only 15 years ago when another family member shared about his past. >> they said did you know your pop was a convicted criminal? and it put me on a journey to understand what it was all about. >> reporter: years of advocacy led to the navy issuing a full exoneration of the sailors with president biden saying the court marshals were fundamentally unfair, plagued by legal errors, and tainted by racial discrimination. advocates of the port chicago 50 reviewed the new installation. the treasure island museum helped find new evidence, including maps and plans from the naval archives, that pinpointed building 97 where the trial took place. >> it created an awareness of racism that led to the desegregation of the navy and eventually all the armed forces.

>> reporter: the national parks service has already commemorated the site of the explosions at port chicago, highlighting where the trial took place is another step toward helping descendants to heal and understand more of the past. >> here she is today able to talk about, able to reclaim their history, and be proud of their father and his service. >> reporter: the navy had a stronghold on his life. it limited some of his possibilities, but he still leaved a good life, and we loved him and we're proud of him. >> reporter: for darryl -- carol and her sister, there's a way to honor their father getting the recognition he deserves. >> carol cherry brought her half sister deborah for the first time. they met their cousin delano t and her son. >> it's a fantastic event. i'm

happy we were here to meet family and expose my young son to this important history growing up in the bay area. still ahead, is there such a thing as too many costcos? people in one south bay community say yeah. >> kids walk, bike, go to the school, and after school they come back home. so this is very dangerous. and we have a small chance of rain coming on sunday. we'll look at that, but first you have two days where you'll be under the influence of this. the wind is once again going offshore. did you notice how warm it was today? very dry, reaching for the chap stick? two more days of that, and then sunday the next weather maker comes in for fall. we'll talk about the chance of rain coming up.

for a lot of people, getting a new costco in town might be something to look forward to. the san jose city council just gave the company a green light for a new location at the west gate west shopping center on the corner of prospect and lawrence expressway. but there are a group of people that say this is one costco too many. we spoke to them about their concerns. >> reporter: san jose, the 13th most populated city in the country, is about to be the number one city nationwide for costcos. but it's this neighborhood, and others next door, saying no to the newly approved costco. mark doesn't expect this walk to be the same ever again. >> a square foot of costco is

not a square foot of a furniture or hardware store. it brings in for more people and traffic. my biggest worry is that it becomes an unlivable area and unsafe for the students in the area. >> reporter: he says this area is unfit for costco, which plans to build its next store where these vacant buildings are. >> every side is surrounded by other retail, hemmed in by an expressway, or literally homes 50 feet away. >> reporter: most of the neighboring homes have these signs making their stances clear. one of the residents. >> kids walk, bike, go to school, and then come back home. this is very dangerous. >> reporter: save west valley, a group of neighbors, recorded this neighborhood of prospect high school students walking out of class toward the the newly

approved costco. >> kids walk through the neighborhood. >> reporter: costco declined our request for comment, but a representative for the company spoke at a recent council meeting along with the mayor. >> we acknowledge that every time we add jobs and housing, there are impacts, particularly for the people right next to them. that's what makes it so hard. >> many neighbors have significant concerns. we've listened and made changes. >> reporter: that includes costco pledging $2.5 million to go towards pedestrian and bike safety along lawrence expressway. the changes were enough for the city council to approve construction. it's estimated to bring more than 50 jobs and $2 million in took revenue. >> it just doesn't feed into this location period. they can spend the money to fix certain things, but it isn't going to fix the problem. >> is it really over or what else can we do? there are

possibilities, but remains to be scene how it plays out. >> reporter: costco expects to open in about two years. but many neighbors believe that the benefits will be for members only. let's talk weather. we were saying earlier in the day, it's hard to complain when it's so beautiful outside. >> i know. if you like sunny and warm, we get two more days. 80 for some inland spots tomorrow. did it today, do it again tomorrow. look at the wind. offshore winds coming through the golden gate moving that way through the north bay. we're not under a red flag warning because the winds are not strong enough for that. but they are strong enough to dry things out. look down the peninsula. you can't miss that. wind coming over the mountains and working their way down slope, down the santa cruz mountains, and towards the coastline. when that happens, things, they warm up. those are down slope winds, so

you'll be warmer, but also drier. this is the kinds of scenario where you might be inclined to reach for the chap stick more often. but if you haven't noticed that aspect of it, you've certainly noticed the temperature aspect. i'll remove the relative humidities in the mid-20s, we'd like to see them in the 30s and 40s. dry air does something else. it also allows the temperatures at night to really cool down. so if you take a look at what's coming tomorrow morning, just for the north bay, we'll spotlight you because on situations like this, offshore wind events, you can start getting colder in the mornings because the offshore winds have dried out the air. humidity in the air is usually an insulator. you clear out the humidity, you lose the blanket, and it gets colder. let's do the lows for the entire bay. the wide view, morning lows in the mid-50s for many of the warmer

inland spots. and certainly if the south bay. fremont going to be 58 degrees, so you have a little more access to the bay, little more humidity in the air. daytime highs in the low 08s for some of the warmer spots. livermore, concord, san jose, that's 81-degrees for you. 72 in the city. that's how you know you have a warm day coming. so this is that side of fall. supposed to be our warmest time of the year, city and coast, and we're doing it. but there's another side of fall. it's supposed to start raining this time of year. we do see the leading edge of the next system. so we'll i'm out the rain from two different scales. the first uses the high resolution forecast model showing a weak cold front arriving saturday night into sunday. we'll watch the progression along the far north coast and then trails a

weak cold front towards us. so we're losing the rapid refresh model for the best detail and resolution, and because it's so good, it only goes out three days. that means it stops as the the leading edge is about to move towards the bay. so we have to leave that behind. it's good to look at it and get an idea as it's approaching. but let's step it down another scale. coming back home to the bay, we'll look at the time afternoon. this is from sunday morning on. the model is a little lower resolution. we'll do it in high resolution tomorrow because we'll be within the the range. so today we have the the low resolution forecast from midnight sunday through the afternoon. not a lot to this, but how much rain could it mean sunday? if the you're like from this line that way, pretty much nothing. but if you

take a look at san francisco's number here you have 0.01-inches of rain. and let's go to the north bay. i'll get out of the way and go in for a close up look. you could get 0.05 inches of rain as the system comes through early sunday morning. seven-day forecast now. let's see how it plays out. the inland microclimate, look at the two 80-degree days. then the rain shows up sunday and the temperatures cool down. and we stay cool. once the temperatures drop, they're not coming back up from this pattern. that's why i was saying earlier, enjoy this the next two days if you like the side of fall that's sunny and relatively warm. coming up in sports, the nfc west standings just got a little tighter, but the niners just worry about getting a win over the cowboys. and spea

catherine depalma: in my lifetime, i did not come to know the lord until i was 43 years old,

so i had an entire childhood and adulthood apart from the lord, knowing of god, but not knowing christ, not having a relationship with jesus. there's a lesson that i learned from dr. charles stanley. we think something's too small to bother asking god about, but every little detail of your life you should be checking with him on. so, don't only pray in the dark times, but pray when things are going good. pray to think him, pray to worship him. okay, listen, viewer discretion is advised for this next story. some of the images you'll see may be disturbing. especially if you have rooted for the golden state warriors

from 2011 to now. don't say we didn't warn you as it sits right there. klay thompson in dallas mavericks gear. he's getting some shots up before the game. must have been a good warm up because he caught fire in the opener against the spurs knocking down threes from everywhere. he finished 6 of 10 from deep, a dallas franchise record for the most threes in a dallas debut. he's quickly becoming a fan favorite. of course. luka a big fan. splash. second look. luka knew it was going in before klay even released the shot. we'll miss that in golden state. the mavericks win the opener, and the klay returns to chase center in two and a half weeks on november 12th. and no hockey. sturm showing off crafty footwork with the sharks in la taking on the kings. can they get a win? san

jose down 2 in the first period. sharks fought back in the third, but kings win 3-2. every player in the nfl has their welcome to the league moment. for mustafa it was here with this viral moment. >> it was crazy as soon as it happened, but it's never happening again, i can promise you. >> he's usually the one dishing out the big hits with a career high 12 tackles last week. he's hoping for a similar performance sunday against dallas, especially because this is a rivalry that he knows too well. he brew up a niners fan in a cowboys household. >> mom going to be feeling some kind of way.

>> so she's not breaking out the jersey. >> she be not or she's not getting a ticket. she has to support the 49ers now. that's the plan going into sunday. the rams have been in the trade rumor headlines, but they have their two best receivers back and looking to rejoin the nfc race. here's another touchdown pass giving la a 28-21 lead. darnold sacked for a safety. but controversy, you can see, should have been a face mask. it's a no call, rams win. the trade rumors probably dead. the niners officially in last place after you sort out the tie breakers in the nfc west. cal is regarded as the number one ranked public university in the country. aaron rodgers put that education to

use this week. >> every year presents its own challenges, and thankfully we're not to the end denoument of the season. >> can i have the definition please? >> confidently optimistic. >> we stick together and get one and start to build off that. >> okay can you spell denoument? >> no, and i'm traumatized watch losing the spelling bee as a young child. i misspelled linen. af

a man in virginia had the misfortune of having his car stolen again and again and again. but it was also brought back. matthew torres has the story that will make you go huh? >> crazy. i mean, just can't explain it any other way. >> reporter: david can laugh about it now, but the past few weeks haven't just been crazy. throw in confusing and bizarre. >> to find out it was taken night after night without my knowledge was wild. >> reporter: he's talking about someone stealing his honda from

his townhouse parking lot in stafford. but the thief would bring it back a couple of times. >> the fact they returned it each time. >> reporter: what does that say to you? >> they could have at least put gas in it. >> reporter: he noticed the car was stolen the again the following night. about an hour later, he says the thief returned the car again. >> i saw it brought back because i was sitting in the living room and i proceeded to chase him down the road. i screamed at him, told him to come here, and they ran. >> reporter: he eventually installed his own home surveillance cameras. last wednesday the vehicle was captured leaving again. this time county deputies caught the driver in the act. they arrested a 22-year-old from stafford who also left a trail of fentanyl pills. >> they were using it for a

joyride. >> reporter: while bizarre, other neighbors say it's still scary. >> we got a lot of guns around here, so if you feel like creeping, go ahead. >> i hear a bumper sticker in the making. yeah, i mean, i would be very mad, but also be like thank you for coming back? >> brought the car back. >> as someone who had their car stolen, it would be nice to have the car come back. >> that one didn't come back. >> it did, but not in a condition i could drive it again. >> sorry about that. thanks for watching. the late show with stephen colbert is next. i really am sorry. >> you didn't steal it. >> you think! >> yeah, where were you that night?

tell me if describes your day. you wake up, you try to move, and your joints are already giving you trouble, even taking it slow. your knees are popping. they're creaking as you try to get out of bed and then it's off to the kitchen for some coffee. but while you're reaching into the cabinet for a mug, you realize your shoulder feels achy. it's stiff and you're making breakfast at the stove. you're only standing there for 5 minutes and your back is getting stiff, your neck is getting achy, and you realize your morning is already filled with aches. it's not even 8:00 and you're already starting to get bummed out because your joints hurt. and if you think this only applies to old people, well, think again. young athletes get this. middle aged construction workers