by sending her unwanted sexual text messages. the messages, according the lawsuit included sexual encounters and phrases like hey, sexy and a photo of monta ellis' gentles. >> she feared if she complained she would be astroicized. according to the lawsuit smith's job description changed a week later later and on august 5 she was fired. >> they offered her what i believe is a bribe. they said it would be best if you resign and we will give you some money. she rejected it. >> reporter: today we tracked down monta ellis in alameda where we asked him about the lawsuit. >> warriors. we responded already. i am just here to put a smile on this family's face.

it's a legal matter. it play as course. what happens what happens. >> rick denies the allegations in a prepared statement. >> when we were made aware of a concensional relationship between monta ellis and the plaintiff we did what an organization should do. we told both to stop promply, directly and fairly. >> treated unfairly. i was let go. for no reason. wasn't my fault i was let go. >> reporter: erika ross smith's attorney said she never had a sexual relationship with monta ellis. monta ellis and the warriors didn't practice today. mike mibach, ktvu channel 2 news. >> monta ellis began his career in 2005 after being drafted by the warriors. he didn't play college ball. he was drafted out of high school in jackson, mississippi. he was named the mvp.

and he has three years remaining on a contract with the warriors. >> developing news from richmond. police and shot a man and ktvu's john sasaki is live on the scene. >> reporter: it started that extended stay america and moved passed the social security building in front of it. pan to the right. that is the courtyard marriot. it ended when a officer shot the suspect to the right here. over here where all the officers are right now. that's where it ended. investigators got the call of a man with a gun at the extended stay america. by the time they got here he disappeared over a fence and past the social security building. next place he was spotted was in the courtyard marriot. one officer stopped his car. then armed with a shot gone,

the officer spotted the suspend behind the courtyard marriot and that's when the shooting happened. police explain what might have promped the incident. >> he grabbed the gun in a threatening manner. the people in the hotel felt threatened by him and that's when the officers arrived. >> reporter: [ inaudible question ] >> there was a dispute between him and the hotel. the man was crying before the shooting so he may have been desponded. he is now at the hospital in serious but stable condition but he is expected to survive. live, john sasaki, ktvu channel 2 news. oakland leaders announced they are bringing in an outsider in to review clashes between police and occupy protestors. eric rasmussen has a look what

he hopes to find out. i printed out a list of 10 topickics -- [no audio] some are questions whether he could can be impartial. >> two months after this class between police and occupy protestors put the city in the spotlight and jean quan on the hot seat. >> when i came back from washington and turned on my cell phone and -- what happened? >> reporter: she and the city administrator announced tom is the man to find out what happened. >> we are all experienced in this kind of work. these are no nonsense guys. our commitment is an honest and fair and straightforward investigation. >> reporter: she spent 28 years with san jose police department before taking over as police commissioner in baltimore and

starting his own consulting firm. looking at the video the moment scott olsen was injured. this new investigator insists there is more to it. including crowd parole policies. some protesters are already dismissing the outside investigation before it starts. >> what do you mean, retired policeman? that is hardly anybody to oversight a collective problem the community has. >> the city has $100,000 for this investigation which could take 90 days. the police department says it's internal investigation led to disciplines. live, eric rasmussen, ktvu channel 2 news. deadline for occupy berkeley. they have been told to move out

by 10:00 tonight. occupy protestors in martin luther king park were given the notice last night. city parks are closed to the public between 10:00 p.m. and 6:00 a.m. and no one has permission to camp on city property. the notice says, people who fail to remove their property will be subject to arrest. >> this is the police department. >> police in denver arrested 9 people when officers broke up that city's occupy encampment. the police told them they could not put ucstructures in parks and they ignored his warnings and that's when he orders officers to evict. scuffle ended with a police officer accidentally getting pepper sprayed. a muni inspector was checking

to see if passengers paid. when one man refused to cooperate they called in police and he assaulted a officer. >> officers got involved. pepper spray was about to be used. he was pepper sprayed and so was i. it worked. it definitely worked. it burns. >> paramedalings plushed the eyes with water and he recovered. the suspect faces charges of assaulting a police officer, resisting arrest. >> the man accused of master minding a murder plot is sentence -- is to be sentenced tomorrow. he plans to file a motion seeking a new trial for his client. he was shot outside his house. authorities say he paid to have

him killed because he was assessed with the woman he was dating. >> ing for the publics help in finding the five most wanted criminals. they are each wanted for murder. he is also wanted for two sexual assault charges. he is suspected of raping a 14- year-old girl. they are also searching for this man on auto left it. and him for false imprisonment. bank of america agreed pay $335 million to setting discrimination charges. the bank's country wide unit was accused between 2004 and 2008. bank of america bought country wide in 2008. the settlement covers a range

of wrong doing. an investigation found a pattern of discrimination against 200,000 people across 41 states. stocks closed mixed today after a big day yesterday. continued worried over european debt put a damper on the blue chip. the dow edged up 4 points to close at 12,107. oracle helped push the nasdaq down 25. the parents of a soldier who the army said committed suicide say they want justice for their son. >> two months of agonizing over the loss. to learn the army is taking this seriously. >> that was a translator speaking on behalf of the mother. he died in afghanistan last october. 8 fellow soldiers have been

charged in connection with his death. his family and friends accused them of racial insults. gay activists say this kiss was historic. this is the first time two lesbian have been able to share a kiss. at 5:30, hear from the women themselves. memorial service for warren hellman. it was also open to the public. he died sunday at the sage of 77. he is best known for founding the blue congress music festival and he also gave millions of dollars to charities in the bay area. >> san francisco and golden gate park are finer today

because of warren hellman's commitment. >> last week super visors recognizes him by remaiming the meadow as warren hellman hollow. >> they didn't learn of kim jong il's death till a day after he died. a sign of how restrictive north cra is. -- north korea is. despite worries of instability the transition of power appears to be going smoothly. we find out if a singer has enough of the x factor to win the big prize. why for many people he is already a winner. a freeze warning goes into effect tonight. it will be another cold one. you knew that. plenty of frost and valley fog. i will have the five-day forecast as well.

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the first of a two part finale of the x factor and one is from santa cruz and he has quite a story. ktvu's robert handa is live at a party already underway. the party has started and the x factor and chris renee are the main reasons for the crowds. >> reporter: she was the first to get in line for the x factor show, three hours before the broadcast. for everyone it's all about chris renee. >> i want to be the first one to get the better seats. >> reporter: what are you hoping for today? >> i hope he does really well and i hope he picked a good job. >> for so many it is his story of overcoming hardship and drug

addiction. >> i love to see him grow with the show and as a human. i think that that allows us to connect with him. >> reporter: that is no surprise to his friends. >> all the distractions he had through his life, his addictions or whatever, he overcome it. mazing. -- amazing. what an adventure. >> for him to got to this point, he won in so many ways. to myself, his friends, he already won. >> reporter: we spoke to his sister, she said her bright and family feel the love. >> chris feels the support and i believe it helps him. because he is coming from a authentic place. >> reporter: we will find out soon enough if his story will

be enough for him to win. coming up at 6:00 we will have more and his chances on the show-live, robert handa, ktvu channel 2 news. >> police are looking for a person who ostole electronics. several boxes of apple electronics products were stolen. it happened around 11:30 yesterday morning. christmas is coming early for thousands of children in the south bay. 5600 kids will be getting new bikes, 73 books from -- bikes, and books. the gifts come from donations from bay area companies, schools and churches and individuals. >> we are short of what we need, especially things like bikes and books. but we are looking good and we are hopeful we will get

everything. >> they will also be distributing 3,000 food boxes this christmas. >> spare the air day is in effect. officials say pollution levels are unhealthy this evening. exemps are available for people with no other means of heating their homes. as we have been telling you the forecast is not good news. it will remain dry and mild till after the new year. resorts scrambling to manufacturing snow. the slopes at heavenly and other resorts are bear for this time of year but the big resorts, you see here, making as much snow as they can so there are some runs that are open. smaller resorts may not be able to open till later in the winter.

tonight we are talking about freezing temperatures as we turning. >> announcer: over to bill martin. >> the winter spare the air day -- nights, saying it's a spare the air day. it's not. spare the air nights. it's a winter time thing. night time thing when the air gets cold and settles into the valleys and the snaginant air sits there. -- stagnant air sits there. it can cause problems and that's the main concern. spare the 8 night. i think they can get mixed up with the summer time spare the air day. which is about carpooling. it's for wood burning. cooler than yesterday. the forecast tomorrow, looks like another really, really, really, really nice day. there are changes coming.

i looked that long-range models, perhaps next week -- perhaps next week we might get into some rain. in the mean time, you got the big dome of high pressure and see it sends that weather system, that's a nice one, see it? sends it to the north of us. high pressure extends into the rockies to the date line. that's how it's been. that should change but tomorrow like today. freeze warning in effect. fairfield and napa 47 degrees. we are just an hour from winner, the shortest day of the year, longest night and after that the days get longer. official beginning of winter. freeze warning in effect. not a hard freeze warning. there is one to the north and south of us.

freeze warning for the napa valley, temperatures could gelt into the mid-20s. easily into the mid-20s. when i come back we will look at your holiday weekend and i will see if i can dig up the rain for you. see you back here in a bit. an international crew on their way to the international space station tonight. an american, russian blasted off today. it will join the three member crew on board the space station and they will be together till next march. conduct roth of experiments, including several on the effects of weightlessness. new rules when it comes to fighting pilot fatigue. plus looking live at the airport, the new service that is coming to the south bay that

will give the airport one more further national destination.

the airport will soon have new arrivals from japan. they announced it will offer nontop surface. it's the first time flights have been available between japan and san jose.

it will begin next year or 2013. they plan to use the 797 dream liner for the flights. the airline will offer flights between tokyo and seattle also. new rules to fight pilot fatigue and he admits it has been a long time coming. >> it's a big deal because for 25 years people have been talking about this and haven't done anything about it. and we have. >> the changes come three years after a plane crashed and killed 50 people in new york. the investigation blamed pilot airer and found the captain and co-pilot had little sleep before the flight. under the new rules pilots must have a 10 hour rest break and 30 connective hours off each

week. they also must sign a pledge stating they are fit for duty. family members members of victims say they fought hard for this. >> i can't tell you how many times we walked the halls of congress and pleaded our case. >> airlines have two years to comply to give them time to work out new schedules. the airline industry fought the changes claimic costs will go up. later, tom vacar will tell us how it effects airfares. back in court in maryland for the final stages of his pretrial hearing. his defense team arrested today after call on two witnesses. an officer will recommend if he should be court-martialed. he is charged with providing

documents to wikileaks. victims of a large apartment fire may have to wait to receive an insurance payout. the fire displaced 70 residents. 5 victims will not receive payments till it is determined who is possible for the fire. investigators say it started in the buildings' elevator panel. the owners and pg&e could all be held libel. it is a long standing navy tradition. a ship returns to dock, one sailor gets the first kiss. what made today historic. and heavy consequences are at stake tonight, where lawmakers stand now over the tax cut hike.

complete bay area news coverage continues. this is ktvu channel 2 news at 5:00. sometimes a kiss is not just a kiss. which was the case today. that kiss between two gay military members is making history. ktvu's ken pritchett is live with the bay area woman at the heart of the headline. ken? >> reporter: it is a long standee navy tradition. a ship returns to dock and he or she gets the first kiss from their loved one. what makes today different is it a first and comes a year to the day of when president obama signed a relegal of "don't ask, don't tell." -- repeal of "don't ask, don't tell." >> reporter: it was historic. >> i feel good about it.

nice to be myself. >> reporter: she was greeted by her partner who is also in the navy. >> open about our relationship since we are in the military. >> reporter: she was selected for the first kiss, a kiss that would not have happened a year ago. she was the only openly gay service member before the repeal of "don't ask, don't tell." she remembers dock side reunions before it changed. >> we would quietly go and join our families because we didn't want anyone to see alcohol wars we were getting into it. >> she was at president obama's sign when he signed "don't ask, don't tell." it come as day before the signing anniversary. >> i spoke with many, since the

repeal of "don't ask, don't tell" took place, it's been a nonevent. >> reporter: this kiss seems timed with the ranversery of the repeal of "don't ask, don't tell." but this was a raffle among crew members and she bought 50 $1 tickets. ken pritchett, ktvu channel 2 news. . newt gingrich was hounded on the campaign trail today. >> first of all -- >> newt gingrich was interrupted by occupy protestors. security guards escorted them out. newt gingrich acknowledged them and then continued his remarks. he asked how he plans to engage gay voters when he opposes same-

sex marriage. >> thank you. >> also today newt gingrich said he was endorsed by the state speaks of the house in iowa and new hampshire. newt gingrich has been criticizing mitt romney for airing political attack ads. today mitt romney responded. >> i am sure i could say please don't do anything negative. but this is politics. if you can't stand the heat, wait till president obama turns up the heat. >> reporter: h marvin rice campaigned in new hampshire today. he set a action -- said an action committee is producing his ads. mitt romney says this is the time for him to defend himself. police are warning residents to lock their doors

after burglaries. there were 11 break ins in the past two months. most happened while no one was at home. they usually ring the door bell first. if no one answers they find a way in. two suspects were arrested during a robbery last week. police are investigating whether they are responsible for the burglaries. with 10 days to go before payroll tax cut expires the fight is getting uglier. ktvu's scot scott has a look. >> reporter: here tonight both parties say they are trying to softball the problem. late today lots of political theattics. a small group of republicans

gathered. >> people are scratching their heads wondering what washington is doing. >> reporter: the meeting broke up as soon as the cameras left. >> mr. speaker? >> reporter: one democrat appeared unexpectedly and yelled at an empty chair. >> you are walking away just as many have done. >> reporter: most of congress is now home for the holidays. no more debate scheduled. we found people upset writing $40 will cover the co-pay for my medications. $40 can buy you 400 packs of rommen noodles. >> there are a lot of people working over the holidays. i used to work through christmas and new years. >> reporter: so frustrated by another washington stand off. >> the public looks and say --

this seems like an easy thing to solve. why are they still fighting. >> reporter: he says we have entered a hole in the payroll tax cut debate. the house or the senate doesn't have anything scheduled. there is no end game. ktvu channel 2 news. many people are trying to get their shopping done, including the president of the united states. where he was spotted today and what president obama snapped up and the last minute move maceys is taking. and these pictures are of a dream. there you go. no kidding. scientists figured out thew record your dreams from your head.

just dance for the wii. >> president obama went christmas shopping at a best buy today. chosed just dance three. president obama said the girls beat him every time they play. right now they are in hawaii with michelle obama. he will join the family once the payroll tax cut extension is passed. macy's is hoping to lure shoppers with extended hours. they plan to keep 14 of its stores open for 83 straight

hours starting today, closing at 6:00 p.m. on christmas eve. however none of the stores are here in the bay area. neither are any of the other 27 stores that will stay open till 2:00 a.m. the next three nights. january 1 it will no longer be legal to by alcohol at self service check out stands. it is designed to prevent minors from buying alcohol. she wrote the legislation. and had the backing of mothers against drunk driving. all children under 8 years old must ride in a car seat and must be in the back seat of the vehicle. children 8 and older who are not tall enough must be in a booster seat. right now it requires children

ride in booster seats till they are 6 or weigh 60 pounds. a group came out with its own iphone app. the group says its app will inform people about their activities and it will help users get information about medical marijuana. it is available on their website. >> reporter: scientists say they have found a way to read brain waves and recreate the images that people see. they showed people movie clips and recorded their brain waves and then they took that information and put it into a computer model that can work the other direction. translating the brain activity into images. they hope the research will someday allow handicapped people to community better and lead to computers people can control with their minds. new rules for pilots to

keep nemfrom getting tired on the job. what it could mean for your pocket book. >> i am bill martin, we got cold temperatures tonight. frost and freeze issues in the north bay.

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american airlines lost its fight against europe's carbon pollution program. flights to and from europe will be aligated. if they go over they can buy

permits from other airlines. they argue it amounts to a tax. but a european court dismissed their claim. they estimate the program could cost 1-$15 per passenger per flight. the government ordered new rest hours for pilots. ktvu's consumer editor tom vacar is live today. >> reporter: the pilots say with the new rules we will all be safer but it will take two years to implement the new rules. >> reporter: three years ago two pilots made errors that killed all on board near new york. fatigue contributes to 30% of all transportation accidents. >> they won't be alert.

if they -- incidence of an emergency they won't react as quickly. >> reporter: even if a fipilet is commuting as a passenger, that's considered duty time. duty time can't exceed 14 hours. flight time is limited to 8-9 hours. pilots must get 10 hours arrest between flights and during any week must get 30 hours arrest. >> they are human and as we are driving cars we become exhausted. i feel that pilots have the lives of so many people in their hands so we should respect that and give them the rest they need. >> i think it's a terrific idea. the more rest the bester for the passengers. >> reporter: the industry will pay $300 million a year to implement the rules. ticket prices are likely to rise. >> getting there in one piece

is the primary factor. >> reporter: the pilots association says though this is an improvement, pilots on cargo planes are not covered by them. reporting live, consumer editor tom vacar, ktvu channel 2 news. officials are, pressing concern over a new weed that could clog water ways. the south american sponge plant and they are looking for ways to control it. if they don't it could make rivers impossible to navigate and fill state pumps. right now they are removing the weed but say they might have to use urb sides on it. >> our first look at astroid 2 billion miles from earth.

nasa released new photos. it spiraled down to a low attitude, details such as small impact craters. it is on a 10 year mission to explore a asteroid belt. okay. this next story is remarkable. a utah man just learned the meaning of the phrase easy come, easy go and he learned it the hard way. >> what are you going to do now? >> that was him last month after he just learned he won a brand new $380,000 lamborghini. he got it last weekend and six hours later he crashed. he was driving up hill, hit loose gravel and went into a spin. >> my heart fell out. you know, that feeling where

your heart drops. >> it's going to be nice and pretty again in a couple months. >> he says when he crashed it he was afraid to tell his wife so he asked a buddy to her for him. a punctured pire, oil pan and scrapes. >> there is a lesson there. >> i think so. let's talk about our weather now. a beautiful day. >> yes. no, it was a beautiful day. mid-60s. it was wild. and warm in some places today. dense fog advisory last night. freeze warning tonight in the north bay valley. we are in a repeat of the weather pattern and that's why i was talking about the car story. i have been saying the same thing for a few weeks. we had a dry december. these temperatures, the observed highs today. very similar to what we saw yesterday and the day before

that. the cool in the central valley is because of the fog. oakland, 64. 64 redwood city. why? away from the fog and the ocean waters are relatively warmer than the inland valley temperatures. frost back in the forecast. a freeze warning for the north bay. you have had frost this morning. i had reports of frost in the darnedest places. frost showing up in -- little away from the bay. you got it again tomorrow for thursday. forecast highs tomorrow, like today, patchy frost to start off. sunny and dry. subtle changes. that's how goes. we have changes next week. this high pressure stays put. rain stays north. tomorrow, cold. overnight lowes, temperatures

in santa rosa, napa, mid-20s. that's cold. not a hard freeze but close. if you got pvc, especially in the north bay, that stuff breaks easily. if you have exposed pvc, cover it because it will blow up. it will be that kind of cold where pipes could break. especially the pvc. other pipes harder to do. 58 concord. these are the highs for tomorrow. five-day forecast, bay area weekend in view. i got no rain to talk about. the latest models represent a chance for decent rain next week. we need it. >> decent? >> yeah. yeah. might be -- yeah, maybe an inch of rain.

>> any indication about january? >> it has to be better than this. >> nice to hear rain. >> thank you. >> santa clause roared in today on a motorcycle. the police motorcycle santa greeted people outside target this morning. the police department wanted to help the city get into the holiday spirit r spirit. >> we are -- holiday spirit. >> we are part of the community so we are just trying to bring smiles to people. >> they are just spreading cheer and that's phenomenal i think. i mean, just out here handing out smiles. >> priceless. >> along with the candy they gave kids a stuffed toys. >> reporter: polar bears at the san francisco zoo enjoyed a

winter play day today. they turned 10-tons of ice into snow for the polar bear enclosure. this picture shows a female romping in the no. you might notice she has green stripes, that's not part of a decoration, polar bear fur can pick up color from plants and other items. new numbers are out. which states saw a decrease in population and you might call it a spare the air day for the entire country. what is going on to keep the air clearer every day. state farm. this is jessica.

hey, jessica, jerry neumann with a policy question. jerry, how are you doing? fine, i just got a little fender bender. oh, jerry, i'm so sorry. i would love to help but remember, you dropped us last month. yeah, you know it's funny. it only took 15 minutes to sign up for that new auto insurance company but it's taken a lot longer to hear back. is your car up a pole again? [ crying ] i miss you, jessica! jerry, are you crying? no, i just, i bit my tongue. [ male announcer ] get to a better state. state farm.

[ male announcer ] get to a better state. so, open your eyes and check out your new living room! [ gasps ] honey, the tv's over there! yep, we got you the new at&t u-verse wireless receiver so you can put your tv pretty much anywhere you want. and that stand... anywhere? like, we can put it over there? and that coffee... or we could t it on the patio for watching the game with the guys. or in the kitchen? but, these curtains are... i can't believe you moved the tv. it's like a whole new living room. it actually is a whole new living room. [ male announcer ] the new wireless receiver, only from at&t. now get u-verse with dvr at the lowest price ever. at&t. you can put a force field on him and be invisible! [ child 2 ] i call first player. no. i already called it. [ dad ] nobody's playing anything until after we get our homework done. thank you. hello? test drive's not over yet. [ male announcer ] it's practically yours. [ louder ] hello? but we still need your signature. right now during sign then drive, it's never been easier to get the all-new passat,

the 2012 motor trend car of the year, for practically just your signature. that's the power of german engineering. visit vwdealer.com. the census bureau released the new state numbers since 2010 and many states that posted big population gains are now saying those numbers fall. the population grew by 3 million. that's the lowest since 1940. 38 states showed lower growth and three states, railroad, michigan and maine saw their populations decrease. california is the post populated state in the nation. >> a count down for the dirtiest power plants to clean up or shut down.

the fda set stricter standards. it will mostly effect older coal plants. president obama is praising the new rules that call on coal and oil fired operator to limit their emissions. cleaner air will reduce asthma, bronchitis and heart attacks. >> this is a great victory for public health. >> power plant operators are likely to challenge the rules in court. they say it's too expensive and will force the premature closing of plants. coming up in 90 seconds, armed with wheelchairs and walkers, the call for help from residents facing an unsure future and this man may be responsible for a string of arson fires. the damage they say he is

behind in several cities. 8@

we watch up with the golden state warriors guard monta ellis on the day he is accused of sexual harassment and police

at hotel where a man was shot by officers. the threat that led to the shooting. this is ktvu channel 2 news at 6:00. i am julie haener. >> i am frank somerville. a star player on the golden state warriors is now at the center of a sexual harassment lawsuit filed by a former team employee. we spoke to monta ellis today and ktvu's mike mibach is live with the player's reaction. >> monta ellis spoke to ktvu, it was a quick line but he said whatever happens, happens. what he is talking about is the lawsuit. in it is filled with accusations of sexual harassment, retaliation and a cover up and this all comes days before the team is