and was not charged with murder d.a. said they didn't have enough evidence to indict him and the judge said it's in my court. so we did get him and when we first found out about the fact that she was abused and had been abused for three years we were stand up because domestic violence doesn't happen to people like us people college educations and this happens to poor people. this doesn't happen to two attorneys to doctors wives this type of thing kirk her comment on under massive violence would be. that it's a free. download the official location on the phone or my pod touch from the. life on the go. video on demand oxys mind costs and feeds now in the palm of your. questions on the dot com. we'll. bring you the latest in science and technology from around the russian. we dump the future of covered. wealthy british. markets. find out what's really happening to the global economy with max concert for a no holds barred look at the global financial headlines tune into kinds a report on r g.

the d.a. said she was put in a psych word for a week. >>> it is a split second decision for a police officer. so how do they train for that moment? well, we are going to take you inside the simulator. >>> a bombshell autism study deemed a fraud. but will it finally put to rest vaccination fears spread by celebrities. >>> some budget cut trivia for tonight. do you know what this is? owing a high speed chase [ bell rings ] what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be earning three times the national average. now, let's review. capital one interestplus savings... at three times more. go to capitalone.com. what's in your wallet? ended in richmond. it started in vallejo sometime >>> two people many custody tonight following a high speed change. we are seeing the ends of it in richmond here. started in vallejo before noon. two

d.a. office said there's no touching in either the two cases. a couch and official say because of the seriousness of these charges, he has been barred it from all tell train properties while the investigation into these allegations continued. >> the man whose murder conviction was overturned by a judge last month walked out of prison today. this was a scene as cure headed home. a jury convicted him in 1919 for for 1989 drive- by shooting in san francisco bayview district. two men were killed in the shooting, 11 others were wounded. he'd been serving a state prison sentence of life without possibility of parole. then in december a judge overturned the conviction saying that s.f. pd and prosecutors had withheld evidence from the defense attorneys. prosecutors say they will not retry the case. >> a live look aside from our roof cam over downtown san francisco, mostly sunny skies this afternoon but clouds will be increasing. temperatures warmer out there today by as much as 13 degrees over what was i yesterday. still 62 in hayward, 59 loss got those

the d.a. said in court papers that california lighter requires them to be conducted in their registration. a hearing to determine whether now he is confident is scheduled to start toward your 28. a judge has ordered another hearing before deciding whether not to suspend a law that inmates claim is as their terms. more on that to come. the lakers make it to of an arrow over the warriors had a lead late in the game kobe caught fire scoring 79 of 39 points. they rarely to repeat them. craig came to watch, scoring 38 for his 10th 30 point game of the season that pressing the two previous games. the warriors could not hold on to that lead against the defending nba champions. we'll take a break back with more in a minute. new details coming out, after rising as the announcement that will offer the iphone, keep slate has more. >> month of rice and officially will offer the i phone 4 many analysts predict and rising hopes that tons of current at&t i phone customers will switch. at&t customers interested in

d.a. and all of a sudden newsom said there was a realization, hey, the man in front of me, he'd make a good d.a. and now he is the d.a. he has a law degree from western state college of law in fullerton. he practiced civil law about a year and a half back in the ' '90s. never prosecuted a criminal case. no problem says gascon. >> same thing as driving a black and white. different skill sets and i believe i have the organizational skills. >> gascon replaces carmella harris who moves on to be the state attorney general and the new boss is not the same as the old boss. she opposed the death penalty. he says he will seek it in some cases. the police chief's job is going to be handled on at least an interim basis by assistant chief jeff godown. there's going to be police not crazy about the entire selection process. we're going to hear from them about a half hour from right now. from the hall of justice, terry mcsweeney, abc 7 news. >> terry, just under two hours from now, president obama will lead the nation in a moment of silence from the victims of a tucson, arizona, shooting rampage. hours l

. >> i'll be honest with you, he said, we have budget cuts and the d.a. doesn't want to see cases like this and unless the child has been killed, they aren't taking the cases. >> that's not the case. >> reporter: a spokesman for the sheriff's department insists it will be investigated but at this point it is just a misdemeanor because no injuries were reported. >> unless it is an ongoing incident with multiple occurrences, then it doesn't rise to a level of bullying. >> reporter: as bullying. >> if he hadn't covered his head, he may not been here right now and my child -- it may not be my child next. it could be someone else's child. >>> unanimously approving a building permit for a new mosque. the 14,000 square foot building will be built at the site of a former cement warehouse. construction on the new mosque will take 18 months which means it could be finished by the end of next year or early 2013. >>> other bay area headlines. a car crash injured two people and caused back ups this morning. one car drove off the road and into the bushes. no word yet o

a cpuc spokes american said commission is cooperating with investigators and blames the delays on the d.a office unwillingness to sign certain nondisclosure agreements. >> take a look at this picture behind us. we don't have fog so hopefully better for your travel and all future flight delays. >> reading over mike's shoulder. the winds are responsible. >> absolutely. northerly wind about 12 mph. taking away the fog and the westerly wind coming through the san bruno gap. that is keeping the fog away from sfo. that's unlimited visibility. we have some haze, fog trying to form along napa, hayward, san jose and half moon bay. it's going to have a hard time. those are a few areas where the winds are calmer. let's talk temperatures. 8:00 in the morning we're mainly 39 livermore, 42 napa. then we have mid to upper 40s throughout the rest of the inland valleys and along the bay to even san rafael and san francisco. by noon we'll all become a little more homogenized. mid to upper 50s around the bay and out to the coast keeping upper 50s to low 60s in our valleys. breezy at times today, especially

that will give him time he said to complete a few tasks as mayor. >> i've got to pick a new d.a. for san francisco '. there will be a choice for the new board of supervisors. i think it's only the right thing and that can happen after saturday. >> the mayor also said he's known jerry brown his whole life. instead it will be the first time in more than three decades that the state will have a governor and lieutenant governor who, quote, get along with one another. >>> california's new superintendent of public construction was sworn into office today on an east bay campus where he once worked as a teacher. >> upon which i am about to enter. >> congratulations! [ cheers and applause ] >> tom torlikson was a science teacher in concord before he entered politics. he thanked his supporters and promised he'd do his best to improve education here in california. >> and strengthen in unity, and use every ounce of power we have in ourselves and our own beliefs and our own home, combine that energy together to be a powerful team to improve education california, and bring us back to the top. >

d.a. should be. >> as i was listening to him, it became clear to me that he was the choice. >> reporter: within three hours, george gascone saide accepted the job, because he believes he can still work for public safety. >> we're going to have to figure out ways to bring the criminal justice together in a different manner than we have had in the past. and i believe that i can offer something through this role that will be somewhat unique in having the understanding of policing and the career that has been incredible to me, and one that i love and is really part of my identity. >> reporter: gascone is a lawyer. he passed the bar in 1996. he's only been chief for a year and a half. he leaves the post in the midst of some controversy. in the past few weeks, officers have been involved in the shootings of a wheelchair bound man and a mentally ill man in his home. in both cases, the suspects lunged at police with a knife. gascone right-hand man he brought with him from los angeles, jeff godown will now be the acting chief. >> i believe the command staff in place today is capable, and i believe that it will take the department to th

d.a. filed one felony count of involuntary manslaughter against dr. conrad murray. >> he saideath. >> there's no way dr. maury would pump michael jackson full probe with all, sufficient for major surgery and walk out at room. >> if ordered and convicted he faces a maximum four year prison sentence. prosecutors say they will call between 20 and 30 witnesses over eight days of court testimony. das are expected to focus on the theory that someone else perhaps even michael jackson himself administered the fatal dose of pro ball. casey reporting administered the fatal dose of pro ball. casey reporting from l.a.. @ the night's big stories in one big block of news, more crews more stories right now our top story. >> in san francisco police say they shot a man in a wheelchair after they say he's that officer. pleas for responding to the report of a man/in the tires of city vehicles during some sort of altercation the man in the wheelchair stabbed an officer with a knife. police fired in nonlethal beanbag bullets from a shotgun. then when he refused to surrender they fired a real bulle

d.a. should be. >> as i was listening to him, it became clear to me that he was the choice. >> reporter: within three hours george gascon said he send the job because he believes he can still work for public safety. >> we're going to have to figure out ways to bring the criminal justice together in a different manner than we have had in the past. and i believe that i can offer something to this role that will be somewhat unique and having the understanding of policing and the career that has been incredible to me and one that i love and is really part of my identity. >> reporter: gascon is a lawyer. he passed the bar in 1996. he's only been chief for a year and a half. he leaves the post in the midst of some controversy. in the past few weeks his officers have been involved in the shootings of a wheelchair bound man and a mentally ill man in his home. in both cases the suspect lunged at police with a knife. gascon's right hand man he brought with him from los angeles, jeff godown it will now be acting chief. >> i believe the command staff that is in place today is capable and i believe that they will take the department to t

d.a. has a different point of view. also, we do not get all of the facts. about four months ago, chief gascon had a conference. the gentleman had called his psychiatrist and said, "i am going to die by cop. i am going to die by cop." with a 24-inch knife, one swing -- if they and had a taser, maybe that man would not be dead. people, we have got to strike a balance here. just because you are mentally ill does not mean they cannot kill a police officers. thank you. president mazzucco: any more public comment? all right, we are moving to line item number one. please call it. secretary falvey: timelines for selecting nominees for chief of police or to take other action related to selecting others for chief of police. some portion of this item may be heard in close section -- session. this closed session option is provided so that if

basically what the judge effectively did is said, jury, i don't like your decision. >> reporter: the d.a. released this angry statement, saying the judge's dismissal, quote, diminishes the problem of prescription drug abuse facilitated by irresponsible caretakers and unscrupulous medical professionals. adding, parts of the case could still be retried. and the judge's decision, appealed. smith's lawyer and psychiatrist could have both lost their professional licenses to practice had they been convicted of these felonies, so the reduction and dismissal is a huge relief for them. in fact, the psychiatrist said, look. i can live with this misdemeanor because everyone makes mistakes. robin? >> it's one way of putting it. ashleigh, thank you. have a great weekend. appreciate it. >> you, too. >> okay. let's go back outside to sam for another check of the weather. sam? >> hey, good morning, robin. you know it's new york city because of that sound. [ sirens ] of course. let's get to the boards. one or two things we want to tell you about. as we watch that snow spread from albany, probably upstate

d.a. will use in the case. >> it was leaked, the toxicology reports. and the medical examiner saider the limit. and you also had an independent exam about that. and what did they find? >> they confirmed. it was a split sample. it was confirmed. more importantly that the autopsy revealed that d.j. had not drank anything for between an hour and an hour and a half before the incident. that was taken from his digestive tract where they were able to determine the quantity of fluid in his digestive tract. and in that, the trace of alcohol, that demonstrated to the scientists we showed it to, that for the period he was in the bar, for instance, he wasn't drinking at all. we don't believe he was impaired. we don't believe criminality was afoot. we don't believe any of that has any bearing on this. every eyewitness we've spoken to has told us basically the same thing. >> what charges do you want to see? >> murder. >> murder? >> yes. we believe what occurred was that d.j. was driving at a slow rate of speed. this officer, without warning, jumped out in front, giving him no time to stop. and

d.a. is to police the police. and follow up on misconduct. he thinks it may be a conflict of interest for the men who worked alongside him in the force. he said while police only seek enough evidence for probable cause for an arrest, a prosecutor needs enough for a conviction. an entirely different mindset that requires experience. >> if he is making those determinations, then you can assume there's going to be a lot of lost cases. >> reporter: he brought his colleague to oversee a new computer system. delana said seeing a chief come down and become interim police chief is something they're not happy about. they want to see someone within the department take the reins. would you consider someone from the inside? >> no. >> reporter: he actually says that godown's leadership style is at a time when the department was starting to stabilize will be a bad move. the brand-new mayor of san francisco has held many positions in the city. but none of them have included any interaction with the san francisco police department. yet he is now the one in charge of overseeing the process of finding candidates. and ultimately picking the next chief of police

d.a. is a mess eating the shooting. >> microsoft fix the server problems that caused the mel's lose. users saidappearing on sunday microsoft said it had identified the problem and restore the deleted the mills. some users were still missing messages. hot mail is the most used web based e-mail client in the world. >> apple's ipad is getting strong competition at the consumer electronic arts in electronic school event. tablet computers was front facing cameras and bigger screens. rivals are making this a bigger push at this week's consumer electronics show in las vegas. analysts say there is about a hundred tabla models and development noncallable will actually reach the store shelves. >> video from port canaveral fla. the newest crew ship arriving. this is the disney dream. people in this morning 130,000 t, 4000 passengers in the first of two disney ships costing 1.8 billion. the big attraction option and putting its trademark touch on the cruise ship experience, high atop the ship, a water coaster called the aqua-duck which takes passengers down a four-deck drop and out over the edge of the shi

said to be cooperating with law enforcement right now. we don't know of any charges pending against them. the police say there will be three investigations, one by them. bun by the d.a.'s office and one into the -- one by the d.a.'s office and one by the sheriff i 's office. there is another business across the street and i'm going to try to find more people who saw this last night. reporting live in san pablo, kraig debro, ktvu channel 2 n ews. >> okay, kraig. thank you. >>> 7:05. an oakland man is being investigated for animal cruelty investigations after more than two dozen dogs were found locked in crates at his home. animal control officers went to his home on capistrano drive after getting complaints of noise and foul orders. inside, dog crates were found stacked on each other and 33 d ogs were living in their own waist waste -- own waste. >> some of them were cramped or confined that probably they couldn't walk. >> many of those dogs were just too sick to be saved. others were described as too aggressive. now, the ones that survived, t oe, are living in new homes. officials say the suspect identified as yancy could have more charges timed against h im -- file