david lewis was gunned down at the hillsdale shopping mall in 2010. police said his killer was gregory elarm of pittsburgh. yesterday the judge in the case threw out the charges. >> at one point when mr. elarm's was talking aboutmenting an attorney, whether the questioning should have stopped and the judge said it should have. it is something we don't agree with. >> the da says he was not under arrest when he talked about the murder to police and there was no obligation to read his miranda rights. other bay area headlines, a morgan hill woman is expected to enter a plea to face charges including abandoning her young daughter. marcy erico attempted to shoplift and then abandoned her daughter to face security guards and police. >>> a fatal accident sent a man's truck plunging into the

her son, david lewis, was shot and killed while walking in theç hilsdale shopping center parking lot.rrested lewis' friend and charged him with murder. >> i would like to see justice down. i would likeç to see him spend his time in prison. >> but that is all up in the air now after a çsanmateo police violated by continuing to question him and ignoring his requests for an attorney. the officersç say he eventuall confessed to the crime. >> we're quite surprised and obviously disappointed. it's a person we consider to be very dangerous. we're going to do everything that we can toç make sure that he's ultimately held sponszble. >> the district attorney's office says it does not agree with the judge's decision. prosecutors believed police officers followed the law.ç >> we believe it was done correctly by the police officers and we are at this time in discussion with the california attorney general to determine what the best path is going to be. for us to take.ç >> we reached ilam's attorney by phone tonight who claims it's clear it was a violation. >> we're repeatedly askedç for leg

david lewis was gunned down while getting out of his car. and in front of family and members of his community rehab center, police announced his killer was childhood friend gregory of pittsburgh. now a judge has thrown out the murder charges, saying that police, they never read him his miranda rights. >> the real question is at one point when he was talking about wanting an attorney, whether or not the questioning should have stopped. the judge said it should have. it is something we don't agree with and that they conducted themselves properly. >> is it possible that police made a critical error here that they should have given him an attorney when he asked for it? >> police acted properly. >> he stunned police when he told them that he had information about lewis' murder. >> and not only did he have information, but he was the one who did it. the one who murdered david lewis in cold blood. >> reporter: the district attorney said that he was not under arrest when he talked, and according to the u.s. supreme court, there was no obligation to

>>> last but not least, david elliott lewis. i knew almost everyone you honored today and almost every, every person was well deserved to receive that acknowledgment so i wanted to thank you for acknowledging these people and mental health awareness month. mental health often gets edv brushed under the carpet with so many other pressing issues, but we see the consequences when we ignore it. the cost of behavior sort of unrespond to can be costly to society. i'm thankful we have proposition 63 that lets services upon being provided. and thank you as a board of supervisors for acknowledging this important issue. thank you. my name is david elliott lewis. thanks. >> thank you. any other members of the public want to speak? seeing none, public comment is closed. let's go to the adoption counter. >> item 20 to 24 is being considered without committee reference. these items will be acted upon by a single roll call vote. a discussion can occur, the matter will be separated and considered separately. >> colleagues, would anyone like to

east palo alto david lewis was gunned down. his killer was a childhood friend gregory elarms. >> at one point when he was talking about wanting an attorney whether the questioning should have stopped, the judge said he should have. >> the da says elarms was not arrest under when he talked about the murder to police and there was no obligation to read his miranda rights and there may be an appeal or filing of charges. >>> chevron says it will repair equipment damaged in the richmond refinery fire in august. repairing the equipment rather than replacing it means chevron will not have to stall the latest clean air technologies. federal law says the new technology has to be installed when major changes are made. >>> it's a successful opening for the mall in livermore. officials say they had 355,000 visitors during the opening weekend. police are working on ways to ease traffic problems around the mall. >>> 5:39 now. don't be surprised if some of your employees or coworkers call in sick today. that's because there is a phrensy going

aÑos y residente en pittsburg, fue interrogado por la policia de san mateo en torno a la muerte de david lewisn la presencia de un abogado... lo que vulnero la quinta enmienda de la constitucion. ---ante esto el juez "stephen hall" del condado de san mateo desestimo los cargos. ---los fiscales mostraron su desacuerdo y apelarn la decision del juez. cesar ---el departamento de policia de oakland informo que busca a los sospechosos de intentar raptar a una menor de edad. take vo ---el lunes por la tarde, la adolescente de 14 aÑos de edad caminaba sobre la avenida 103, cuando uno de los sospechosos se le acerco por detra e intento jalarla hacia una camioneta donde esperaba el segundo sospechoso. ---la menor logro zafarse y corrio hacia su casa para informar a sus padres. ---los sujetos andan en una camioneta estilo "pickup" de color rojo aproximadame nte modelo 2 mil y tiene una caja larga de 2 puertas y el interior de color gris. blanca ---una tormenta invernal que azota el noreste del pais ha dejado a esta hora sin energia electrica varias viviendas y negocios en la misma costa que fuera afecta

he killed david lewis back in june of 2010. the judge now says police violated his fifth amendment rights by ignoring his repeated request for an attorney. investigators say he eventually confessed to the crime. lewis' mother says she doesn't know why they killed her son. they were actually childhood friends. >> i would like to see justice done. i would like to see him spend his time in prison. >> he remains in jail on an unrelated charge. the d.a. will decide whether to refile the murder charge or appeal the judge's decision. >>> a man accused of killing a hercules schoolteacher inside her home is expected to enter a plea this morning. darnell washington and his wife tania are charged with the murder of susie ko. they stole her car and then fled to washington state. darnell washington was extradited to conat that costa county and his wife is still being held in a washington jail. >>> san francisco police want you to look at three men charged with vandalizing a muni bus. the first suspect was wearing a black giants sweatshirt a

police say he killed david lewis outside the hillside shopping center back in june of 2010. the judge says police violated elarms' fifth amendment rights by ignoring his repeated requests for an attorneys. investigators say he eventually confessed to the crime. lewis' mother says she doesn't know why elarms killed her son, that the two were actually childhood friends. >> i would like to see him spend his time in prison. >> elarms is still in jail this morning on an unrelated charge. the san mateo county d.a. will determine whether to appeal the judge's decision. >>> a hotel evacuated overnight. the alarm sounded early this morning at the embassy suites in burlingame. 400 to 500 people had to wait outside in the cold until the gas dissipated. >> handicap rooms where they talk to you, get out of bed, very, very startling. and so i got up thinking it was a prank. and looked around for some hoodlums to stir up and give them some grief. and then i looked outside and saw that there were first responders flashing flashlights to tell us to get out the building. >> people were let ba

. >>> a judge dismissed a murder charge against a man accused of gunning down david lewis. he said police violated his fifth amendment rights and ignored his request for a lawyer. he faced the possibility of life in prison without parole. >>> police are looking for two men who tried to kidnap a 14- year-old girl. it happened monday afternoon. police say a man grabbed the girl and then tried to drag her to a red truck parked nearby. fortunately the girl escaped. >> she did the right thing. she started to fight and struggle and she was able to break free. >> police are working on a sketch of the suspects. crime stoppers is offering a $2,500 reward for information leading to an arrest. >>> two refineries are back in operation today. filings with health officials say shell restarted a unit that was shut down for two months and they also restarted, they have been offline for repairs. chevron also plans to restart a processing unit next year. that unit was knocked offline by that fire in august. >>> a major earthquake struck off the coast of guatemala today killing 39 people. 7.4

judge says police ignored elarms request for an attorney the day he reportedly confessed to killing david lewisn a parking garage at the hillsdale mall. >>> in news of the world tonight in the middle east, israeli tanks fired into. israeli military officials said the tanks scored a direct hit on a mobile artillery launcher which was the source of the syrian fire. >>> in london, lawmakers accused officials of starbucks, google and amazon of not paying british taxes. the lawmakers said they could not believe starbucks lost money for 14 out of 15 years. starbucks, google and amazon all denied wrong doing. one uk official said he wasn't accusing them of doing anything illegal. instead the official called it immoral. >>> a cargo ship came to the rescue of two injured sailors. their 30-foot yacht was overtamen by waves. they now say they're going to try their hand at farming. >>> los angeles armstrong is cutting ties to live strong which he founded. the disgraced cyclist stepped down to the board of directors and had already resigned as chairman. the charity has been able to thrive despite the doping

judge says police ignored elarms request for an attorney the day he reportedly confessed to killing david lewis in a parking garage at the hillsdale mall. >>> in news of the world tonight in the middle east, israeli tanks fired into. israeli military officials said the tanks scored a direct hit on a mobile artillery launcher which was the source of the syrian fire. >>> in london, lawmakers accused officials of starbucks, google and amazon of not paying british taxes. the lawmakers said they could not believe starbucks lost money for 14 out of 15 years. starbucks, google and amazon all denied wrong doing. one uk official said he wasn't accusing them of doing anything illegal. instead the official called it immoral. >>> a cargo ship came to the rescue of two injured sailors. their 30-foot yacht was overtamen by waves. they now say they're going to try their hand at farming. >>> los angeles armstrong is cutting ties to live strong which he founded. the disgraced cyclist stepped down to the board of directors and had already resigned as chairman. the charity has been able to thrive despite the dopi

he confessed to the fatal shooting of activist david lewis but the judge dismissed the case saying that elarms wasn't given his miranda rights. prosecutors say they'll appeal the dismissal to the state attorney generals office. >> he's the winningest football coach in cal history. thousand he's looking for a new job. why the university says they fired coach tedford. >> why store owners say they have more than crime concerns about what's happening. w >>> the man pulling in millions as the state's highest paid employee is fired. cal's football coach jeff tedford is out after 11 years. how it was more than athletics that figured into the decision. >> reporter: about two hours ago leaders here made it official that jeff tedford is out as head football coach. he's the winningest football coach in cal history. jeff tedford led the team for 11 seasons. >> his legacy is unquestioned. the current state of our program is not what our student athletes, fans and campus community deserve. >> reporter: coach tedford released this statement. >> i love coach tedford. coach tedford is the reason i'm her

he confessed to killing 54-year-old david lewis in the parking lot of hillsdale shopping center in june of 2010. the d.a. will now decide whether to refile the murder charge or repeal the judge's decision. he remains behind bars tonight on an unrelated charge. >>> a second suspect has been accused of setting a muni bus on fire following the giants' win. he is charged with three felonies, including arson. police are looking for three other suspects who vandalized muni buses that same night. the other suspects you see here are wearing a black t-shirt and black baseball hat. the third one is a black male wearing a red shirt. police previously arrested gregory gannis for smashing a muni bus window. anyone connected with the vandal will have to pay for the bus or replace it. >>> a legal claim blamed a sex abuse victim for being partially responsible for the attack on her. that accusation was directed at 30-year-old kristin cunan who said she was sexually abused by two teachers back in the 199 0s. the allegation was in court papers in connection with filing her lawsuit. the district has now w

david lewis was gunned down at the hillsdale shopping mall in 2010.olice said his killer was childhood friend gregory elarms of pittsburgh. the judge in the case threw out the charges. >> the real question was at one point when mr. e elarms was talking about wanting an attorney, whether or not the questioning all should have stopped. and the judge said it should have. it is something we don't agree with. >> the da says elarms was not under arrest when he talked about the murder to police and there was no obligation o to read his miranda rights now there may be an appeal or a refiling of charges. >>> chevron says it will repair equipment damage in the richmond refinery charges in august. repairing it rather than replacing it means they will not have to install the latest clean air technology. the new technology has to be installed when major changes are made. >>> it's been a successful opening of the paragon outlet maul in livermore. several merchants report sales records and they are trying to ease traffic problems around the mall. >>> the release of

he was charged with the murder for the shooting death of david lewis outside the hillsdale shopping center back in 2010. >>> the south bay mom accused of using her daughter to help her rob a grocery store is expected to enter a plea today. marcia rico was arrested last month. police say he left her then 10 yaurld daughter with a cartful of stolen groceries in morgan hill. she said she did it because she had financial trouble. she is expected to be in court this afternoon entering her plea. >>> 49ers quarterback alex smith may remain on the sideline during monday night's game against the bears. smith got a concussion on sunday and he was feeling reportedly less woozy yesterday, but he still needs to be cleared by a neurologist before he can even practice. even if he does practice, that doesn't guarantee he can play. smith must be completely symptom-free during a contact practice before he's even cleared by doctors. >> niners hoping to have him back soon but got to make sure he is healthy. >>> to the ball yard where major league baseball is all set to anoun the managers of the year. both the

he's accused of shooting and killing david lewis in the parking lot a hillsdale shopping center back16-year-old -- 8:51. a 16-year-old girl, very lucky to be alive after being bit by six rattle snacks. she showed reporters the shot where she was bitten. she's still moving around on crutches. she was walking up a hill looking for a cell phone signal when she accidently stepped on a -- stenned on rattlesnakes. if you are in the desert, wear boots and two, don't bring your cell phone or go search for reception because you won't find it yeah ways and you might -- anyways and you might step into a pack of rattlesnakes. >> she spent about four days in icu and she was given vials of anti-venom. >>> a piglet named chuck was taken in by the santa rosa animal center. >>> we're looking out live at your traffic. there's the toll plaza. sal's coming back one more commute for you. ♪ ♪ we were skipping stones ♪ and letting go ♪ over the river and down the road ♪ [ female announcer ] at nature valley, we know nature comes together in amazing ways. that's why we bring together natural ingredients, li

lewis, wgn news. >> and there are more questions than answers tonight about the resignation of general david petraeus as head of the c.i.a. citing an extramarital affair for reason for quitting, petraeus handed in his resignation to president obama on thursday. petraeus' affair reportedly with his biographer came to light after possible hacking of the general's personal email account. that investigation reportedly started after broadwell sent threatening emails to another woman. former c.i.a. director general michael hayden says the resignation is sad but the c.i.a. is in good hands. >> it's a tragedy it's a tragedy for the nation, it's a tragedy for the agency, and clearly a tragedy for the petraeus' family. now, they'll move on and wish them all the best but this is very sad. the agency is healthy.

. >> yes, it is, actor daniel day-lewis took the leading role, apparently, he turned into him even when the cameras weren't rolling. more from abc's david a british actor embodying an american icon. >> i like how he does. >> reporter: according to the experts, daniel day-lewis nailed it. >> for this moment now, now, now! >> i've seen a lot of performances, and i've never seen anyone delve as deeply into lincoln's soul. >> reporter: daniel day-lewis immerses himself into it. while filming "my left foot" he remained in a wheelchair during takes. while filming in the last of the mow keek hands." and he got in just as deeply as the 16th president. >> i had a feeling for him in a way i've never had a feel for. >> reporter: on set, steven spielberg addresseded him as mr. president. >> i try not to dismember a character and wife into components. work on one area and then another. >> reporter: spielberg purposely waited until after the election to release this movie, recognizing that lincoln is still politically relevant. ♪ lincoln, lincoln, lincoln >> reporter: from lincoln cd on "snl." to this punch line. >> romney announces he has won most o

daniel day-lewis didn't just perform the part of lincoln,ly became him. abc's davidains how. >> it's done. >> reporter: a british actor embodying an american icon. >> i look our chances now. >> reporter: according to the experts. daniel day-lewis nailed it. >> now, now, now! >> i have seen a lot of performances. i have never seen any one delve as deeply. >> reporter: daniel day-lewis immerses himself in his roles. in fill temperatuming my left f remand in a wheelchair between takes. in playing hawk eye in last of the mohicans he lived in the wilderness, killing and skinning his own din ter. as the actor recently told time mag zazine he got just as deepl into the president. >> i had a feeling for him i have never been able to feel from him i never met. >> reporter: on set, steven spielberg addressed him as mr. president. day lewis did send text messages to other cast members but signed them a for abe lincoln. >> i try not to dismember a character, a life into its component parts and work on one area and then another. >> reporter: spielberg purposely waited until after

in glorious infidelity that's been a general david petraeus his career as the cia's boss is over as lewis well there's more behind his resignation in the fed with his biographer. next to a long list or explores why dozens of well known companies they collected to warn investors about their impending bankruptcy and that more in capital account. good afternoon welcome to capital account i'm lauren lyster here in washington d.c. these are your headlines for friday nov ninth two thousand and twelve bloomberg reports u.k. prosecutors are ready to arrest traders and rate setters within a month for questioning over their role in the library scandal these are folks that u.b.s. r.b.s. and barclays so will we see bankers in costs for their war against a price mechanism will discuss and resulting the fiscal cliff. i outlined a responsible parent forward to avert the fiscal cliff without raising tax rates were serious about reducing develops. to combine them to grow its with revenue. that sounds pretty opposed to good luck with that grand bargain guys so maybe we'll go off the cliff and without reall

lewis, but he's taken on these kinds of roles before. so, what does he do between taktake s? how does he communicate with his fellow actors? here's abc's david >> slavery, sir? it's done. >> reporter: he's a british actor embodying an american icon. >> i like our chances now. >> reporter: according to the experts, daniel day lewis nailed it. >> blood's been spilled to afford us this moment. now, now, now. >> i've seen a lot of performances and i've never seen anyone delve as deeply into lincoln's soul. >> reporter: daniel day lewis famously immerses himself in his roles. while filming, "my levft foot," in which he plays a character with cerebral palsy, he remaineded in a wheelchair between takes. while playing hawkeye in "last of the mohicans," he reportedly lived in the wilderness, killing and skinning his own dinner. >> stay alive, no matter what occurs. >> reporter: as the actor recently told "time" magazine, he got just as deeply into the 16th president. >> i had a feeling for him in a way i've never been able to feel for a man that i never met. >> reporter: on set, steven spielberg addressed him as mr. president. day lewis did send text

. >> that exchange between daniel day lewis as abraham lincoln and david strathern as william seward,rks the plot of "lincoln." playing now in theaters across the country, garnering critical acclaim, big box office numbers and a rush to hand lewis for best actor before anyone even announces next year's nominees. the most remarkable thing about the movie is to me, to focus not on the drama of war, but the understudied legislative battle. the one kicked off by that scene in which lincoln attempts to beg, borrow, and steal enough votes ending slavery through a skeptical and recalcitrant house of representatives during a lame-duck session. the film is a legislative caper, chronicle of counting votes in a pursuit of a great moral cause through degraded means. it's a movie about what is most elevated and most corrupt about democratic politics. the perfect and the good and the inescapable logic of compromise. it is to my mind the greatest sustained artistic meditation on these themes in the context of american politics i have ever seen. one with some very obvious resonance to our current pol

lewis laughed and pointed up and said come i'm sorry, david, i have orders we're not going to cooperate. if what we get is a similar phenomenon, a public presentation of the willingness to work with drawing lines in the dust, we get a different phenomenon. mitch mcconnell took a much harder line, and it really was he has a mandate for his failed policies. that is not what this election was about. anything that happens now asked to meet the approval of the house republicans, or it is not going anywhere. that i think is in many ways also a false bluster, because what we see going on in the senate is riling change that mcconnell does not necessarily control, which is 48 senators from across the board working with the fix that debt coalition and the business community to come up with a simpson-bowles template. there will not be a plan. >> what you see is the scenario for the link up? >> especially on the fiscal cliff? >> you will not see much difference between this on this. mort, i think it is impossible to write serious law during a lame duck that would constitute an agreement with any su

lewis with the water cooler. >> time to gather around the water cooler to watch more exciting details about the david general petraeusndal. >> petraeus wouldn't turn over the plans on the microfiche, perhaps there was a chase with a mini cooper with saws for hands. >> law enforcement and multiple u.s. officials tell nbc news that e-mails between him and paula broadwell, his biographer, were indicative of an extramarital affair. >> really? e-mail? all they had to do to have america's spy master general was to logon to his e-mail? any way we can intrigue that little sound bite up a bit? ♪ >> law enforcement and multiple u.s. officials tell nbc news that e-mails between him and paula broadwell, his biographer, were indicative of an extramarital affair. >> how exciting! >> little roger moore action there. steven colbert fesses up to an inappropriate relationship of his own. >> it's time for me to come clean. i had an improper relationship with my biographer. spent a lot of time alone with the author of these books. there was a connection, and let's just say he got a little handsy. and i did things i never thought i would

lewis laughed, and pointed up and said, "i'm sorry, david, i have orders we're not going to cooperatewhat we get is a similar phenomenon, a public presentation of the willingness to work with drawing lines in the dust, we get a different phenomenon. mitch mcconnell took a much harder line, and it really was he has a mandate for his failed policies. that is not what this election was about. anything that happens now has to meet the approval of the house republicans or it is not going anywhere. that i think is in many ways also a false bluster, because what we see going on in the senate is roiling change that mcconnell does not necessarily control, which is 48 senators from across the board working with the fix-the-debt coalition, and the business community to come up with a simpson-bowles template. there will not be a plan. >> what you see is the scenario? >> especially on the fiscal cliff? >> you will not see much difference between this on this. mort, i think it is impossible to write serious law during a lame duck that would constitute an agreement with any substance other than, and

host: ok, that is david calling from roanoke, virginia. matt lewishas posted on the daily caller, the website round white trucker carlso -- run by tucker carlson, "the gop needs modernization, and not moderation." "if mitt romney had lost the election solely because of ohio, i would be limited in his lack of a populist appeal. or if he had lost florida narrowly, i might be writing about how gary johnson played spoiler. instead, i am writing about an identity crisis. make no mistake, the gop faces serious challenges going forward. this wasn't just a loss. this does not mean that the party should sellout its core values, either. in many cases, reinvention means drawing a clear contrast with liberals. the gop probably needs to reaffirm some values. it would make no sense for the gop to abandon its role as the party of life. it would make no sense for the gop to abandon its role as the party of individual liberty. but there must be some revaluation. it is time to rethink, who are we, what we believe, why do we believe it? as i have written before, republ

lewis' portrayal? >> i think he was great and sally field stole the show. some critics say davidtelling me she was over the top but mary todd lincoln was over the top. she if anything was a little subdued. i thought she was brilliant. the nuance. the richness of the portrayal of each of these characters including robert todd lincoln was very impressive. >> in your book you describe lincoln as a man of many contradictions. what do you mean? >> everyone saw something different in lincoln. some people said he was the most willful man in the world, others said he lacked the will. some people would come and say he's the funniest guy other people said he was the saddest man who ever lived. i think that's closer to accurate. so, he would be -- he would reflect to people sort of what they were looking for almost. >> if he was sad, why was he so sad? >> he lost his mother when he was 9 years old, was abandoned in the wilderness by his father. his closest friend in the world was his sister two years older, she died when he was a teenager. his whole life was a story of loss. >> david you ra

lewis. >> mika -- >> susan, count the money. >> you put in a "5" along with larry. we're on our way to $1 million. you can help, too, at home. cure epilepsy. it really is obviously davids re-elected. but this has been, and always will be the cause of his life and susan axelrod's life. cure epilepsy. go there. or also go to slashthestash.com. we're raising a million dollars for epilepsy and the cure. david axelrod, thank you so much. we appreciate your friendship as well. >>> coming up next, do we have too much faith in our military generals? best selling author tom ricks is on today. he'll tell us why he says today's military leaders don't stack up to america's greatest generals. he's up next talking about his book on "morning joe." ♪ these are... [ male announcer ] marie callender's puts everything you've grown to love about sunday dinner into each of her pot pies. tender white meat chicken and vegetables in a crust made from scratch. marie callender's. it's time to savor. if you're a man with low testosterone, you should know that axiron is here. the only underarm treatment for low t. that's right, the one you apply to the underarm. axiron is not for use in women or