. >>> a long shot legal strategy in the brock turner sects assault case, his attorney says his case should be tossed out because he kept his clothes on. >>> one california dmv worker has been sleeping on the job, a three hour daily nap, will it cost taxpayers? you know when you're at ross shopping for backpacks... ...and mom also gets a back-to-school bag? that's yes for less. ross has the brands you want for back to school. and it feels even better when you find them for less. at ross. yes for less. ...and you suddenly realizes you're really into art? that's yes for less. every trend. every room. on any budget. it feels even better when you find it for less. at ross. yes for less. a lawyer for the former stanford student argues turner's conviction should be tossed in part because he >>> a new turn in the brock turner sects assault case, his lawyer says his conviction should be tossed out because, in part, he kept his close on. >> a warning, the lawyer use some graphic words. >> reporter: brock turner's lawyer walked out of court after trying to convince a three dud -- three-judge appeal p

brock turner back in his home state of ohio was not there at the hearing. he was convicted of sexually assaulting an unconscious woman back in 2015. his lawyer argued not evidence for the convictions and the jury had to speculate and fill in the blanks to reach their conclusion. a retired attorney not involved in the case explained to us how the court looked at an appeal. >> you may have gathered from a couple questions, they will not reweigh the evidence so long as there is some evidence in support of whatever the outcome was. . >> brock turner was sentenced to six months in jail and released after three months for credit of good behavior. critics say it's too lenient and they launched an effort to remove the judge. >>> the attorney general of massachusetts investigating san juul labs accusing the company of not preventing minors from buying the products. the company now controls more than two-thirds of the nation's market. the attorney general of massachusetts wants to see how the company is making sure no one under the anal of 21 can get its products. a

. >>> sentence for sexual assault, leading bay area judges recall, and brock turner's lawyers argue that his conviction should be overturned. hear why coming up. >>> what i view as an incredibly important meeting between president trump and president putin.>> administration officials wrap up meetings with australian officials, some of the major topics of discussion, including global security. >>> significant heat out west, we talked about it last night, it impacts the yosemite fires, and the central valley, and if you are traveling that way, and all the details. >>> secretary of state mike mampis just wrapped up in annual summit between the u.s. and australia discussing global security. officials spoke on several key issues, while some critics of president trump gathered outside.>> reporter: secretary of state mike pompeo calling australia one of america's friends and strongest allies. speaking alongside james mattis, and their australian counterparts at stanford.>> we have established a close working relationship with the trump administration, right from the outset. >> reporter: the sec

judge erin persky sentenced brock turner to six months in jail. rner ended up serving only three months. prosecutors wanted six years. the victim's impact statement read in court went viral around the world and sparked outrage. according to turner's attorney, the former stanford swimmer was deprived due process at trial and argues the court failed to instruct the jury on lesser included offenses that could have resulted in a different outcome. the district attorney received fair trial and was justly convicted. today, his hearing is being held in the sixth district court of appeal in san jose. matt keller, abc 7 news. >> matt, thank you. >>> billionaire tim draper giving up on his effort to split california into three states. the state supreme court yanked a california split measure from the november ballot last week. draper tells bloomberg that he won't appeal the ruling. he says, quote, the same six lawyers are going to make the decision. what would be the point? >>> now your morning money report, one of tech's prized perks, free company food, is

conviction should be tossed in part because he >>> a new turn in the brock turner sects assault case, his lawyer says his conviction should be tossed out because, in part, he kept his close on. >> a warning, the lawyer use some graphic words.brock turner the dud -- three-judge appeal panel. >> i don't have a comment about the proceedings. >> reporter: the attorney said the record lacks sufficient evidence to support the convictions, he said he had no intent to rape the woman the court calls emily doe outside ace -- a frat party, violently thrusting, but fully clothed, when 2 exchange students caught them, he said it was outer course, and he also said that she was ambulatory when she and turner left together, and the jury had to speculate that she was incapacitated at the time of the assault a half hour ater. a law professor says that questioning the ry's action is a risky tactic. >> we have a jury system, they will seldom give reasons for why they convict or acquit. >> reporter: arguing to uphold the conviction, saying the circumstances made it abundantly clear, wh

an attorney for the former stanford swimmer -- tried to convince an appell >>> brock turner is back in the headlines. an attorney for the former stanford swimmer tried to convince an appellate court to overturn his sexual assault conviction from a couple years ago. turner's case received national attention where erin persky sentenced him to six months in jail for sexually assaulting an unconscious woman on the stanford campus. that sentence triggered a national debate and led to that judge being recalled in june. turner's attorney argues there wasn't enough evidence for the jury to find him guilty beyond a reasonable doubt. so what does turner have to gain from this appeal? >> if he wins this appeal he will no longer have a conviction, so he won't have a criminal record, and most importantly he won't be required to register as a sex offender. >> a deputy attorney general argued today there was ample amount of evidence to support the jury's guilty verdict. >>> a south bay teacher will not face charges after being accused of making a racist gesture towards a black student. a black studen

judge aaron persky only gave brock turner six months in jail. turner serves three months of the sentence. prosecutors wanted six years. the victim read a statement in court before the sentences that went viral, sparking outrage, and changes to the law. today, the appellate court is scheduled to hear arguments on both sides. the former stanford swimmer was deprived due process because they didn't have sufficient evidence that he knew ms. dough passed intoxication at the time the incident occurred. that could have resulted in a different outcome. santa clara district attorney jeff rossen said turner received a fair trial and was justly convicted. today's hearing starts at 10:00 a.m. in san jose. reporting live at stanford university, matt keller. >> thank you, matt. >> happening today, secretary of state mike pompeo will continue his two-day summit with australian leaders. abc 7 news was at hoover institution as pompeo and australian minister of foreign affairs julia bishop posed for the cameras. they focused on trade with china, national security

brock turner did not attend that hearing.convicted of sexually assaulting an unconscious woman on the stanford campus in 2015. his lawyer argued there was not enough evidence for the convictions and the jury had to speculate and fill in the blanks to reach a verdict. a retired attorney explained how the court looks at appeals. >> you tell the court you may have gathered from a couple questions, they will not rewaig the evidence so lange as there is some evidence in support of whatever the outcome was. . >> brock turner was sentenced to six months in jail and released after three months with credit for good behavior. critics said it was too lenient and the bases launched a successful recall effort to remove the trial judge from the bench. >>> the attorney general of massachusetts is investigating san francisco east cigarette maker juul labs saying it's not doing enough to prevent minors from buying their cigarettes. now the company controls more than two-thirds of the mafshth in the country. the massachusetts attorney general

today broke tuck t tried to convince a three-judge panel that there wasn't enough evidence to find brock turner guilty of sexual assault. what does turner have to gain from an appeal? >> he will no longer have a conviction so he won't have a criminal record. and most importantly, he won't be required to register as a sex offender. >> reporter: if the appeal is granted, brock turner could face aectria but that isn't a deterrent, because turner has served his time and cannot face a longer sentence if convicted a second time. turner's case received national attention when judge aaron persky sentenced him to six months in jail. many felt in a sentence was too lenient. in fact that sentence led to judge persky being recalled from the bench. today michelle dauber, who spearheaded the recall, said he was duly convicted by a jury. his appeal appears to be yet another opportunity for him to blame the victim. the state attorney general would only say they believe the state proved brock was guilty. the appellate court now has 90 days to rule on the appeal. in san jose, marianne favro, nbc bay area news. >

the brock turner sexual assault trial is back in headlines. we are live to explain why this case is going before another judge. good morning. >> reporter: good morning to you. in a few hours from now an attorney for brock turner will argue why his client did not receive a fair trial. he will also try to argue that his conviction should be overturned. he is the former stanford swimmer sentenced for sexually assaulting an unconscious woman. a number of people not only in the bay area but throughout the country were outraged turner receive that had sentence of which he only served three months pause of good behavior and jail. voters responded and they he presided over that case. >>> arguments are not expected to make a decision. we did hear from his attorney. they expected them to take less than an hour. >> all right. notwithstandings. >>> they will introduce the marijuana ordnance far vote. here is what some of the rates could be, up to $7 per canopy square foot for cultivation. up to 4% of gross receipts for all other businesses including retai

found in open space and the implication that she was located behind a dumpster was not fair to brock turner. turner spent three months in jail for that crime. >>> the san francisco board of supervisors is on an ordinance to ban marijuana retailers from chinatown. since california legalized recreational cannabis, people in chinatown have overwhelmingly opposed a dispensary. they worry about the precedent it could set for other neighborhoods. the board of supervisors may decide on whether to ban plastic straws. 1million plastic straws are used in san francisco every day. and environmentalists say in a contributes to the tons of plastic that ends up as litter on the ground and in the ocean. advocates for disabled and some restaurants say there needs to be exceptions made. >>> supervisors are expected to vote on speeding up the permit process for the so called granny flats as a way to help out with the housing unit. there are proposals to make it easier for people to build new units or convert an existing garage or storage unit. mayor london breed has expressed support for speeding up the proce

police believe these two knew one another. >>> two years ago, former stanford student brock turner was convicted of sexual assault. now his attorney is back this court, trying to get that verdict overturned. abc 7 news reporter david louie was in court to hear firsthand the argument that turner wasn't given a fair trial. >> the attorney for brock turner used a new word he hopes will ultimately overturner broadcastinger's sexual assault conviction. the word is outercourse and stumped the panel of three appellate justices who asked for an explanation. attorney eric multhaup said it was gratification with clothes on. the defendant was discovered with his clothes on in 2015 while his victim who goes by emily doe was partially nude. the attorney says there was no intent to rape emily doe. the three justices allowed 15 minutes for turner's attorney to speak and the same time for deputy attorney general elisa carlisle who said that sufficient evidence had been presented to jury. turner was sentenced to six months in county jail and given three months' probation. however, he was released in se

brock turner's attorney was in court yesterday. gued that turner never intended to rape anyone... because turner had his clothes on when he was found on top of an intoxicated woman. turner was sentenced to 6-months in jail back in march of 2016. that sentence led to outrage and the judge in the case was recalled. the court now has 90 days to respond to the appeal. ( darya ) a south san francisco man is convicted of molesting an 11-year-old girl. anthony miron approached the girl at a laundromat last summer. he told the girl he wanted to have sex with her... but didn't want to get her pregnant. miron then kissed the little girl's hand and cheek. when the victim's 15-year-old sister found her... the two went home told their parents and called police. miron is a already registered as a sex offender. he faces 37 years in prison. he'll be sentenced in september. ( james ) a billion dollars worth of water is in the pipeline... and headed for the bay area. water managers have been looking for a way to store more water without building new

brock turner's attorney was in court yesterday. never intended to rape anyone... because turner had his clothes on when he was found on top of an intoxicated woman. turner was sentenced to 6-months in jail back in march of 2016. that sentence led to outrage and the judge in the case was recalled. the court now has 90 days to respond to the appeal. ( darya ) a south san francisco man is convicted of molesting an 11-year-old girl. anthony miron approached the girl at a laundromat last summer. he told the girl he wanted to have sex with her... but didn't want to get her pregnant. miron then kissed the little girl's hand and cheek. when the victim's 15-year-old sister found her... the two went home ld their parents and called police. miron is a already registered as a sex offender. he faces 37 years in prison. he'll be sentenced in september. ( darya ) a man is killed while surfing in san mateo county. state park officials identified him as 20-year-old malcom felix. the off-duty lifeguard was surfing at pomponio state beach and was pul

brock turner is appealing his sexual assault conviction. a san jose court will hear the case this morning. the former stanford swimmer was sentenced to just 6 months in jail back in march of 2016. the judge in the case -- aaron persky -- was later recalled by santa clara county voters. persky said he was only following the law when he issued the sentence. ( james ) still ahead on the kron 4 morning news... san francisco has become known for it's 'rainbow crew" type of thefts. we'll explain what that is and how police are trying to stop ( james ) plus... the mega millions jackpot grows larger for tonight's drawing. ( james ) and after the break... the latest on the wildfire burning west of yosemite national park. ( john ) and i am tracking your bay area forecast. ♪ ice cream inspired iced coffee is here at dunkin' in the flavors you love, cookie dough, pistachio and butter pecan. and now, enjoy any medium iced coffee for $1.50. america runs on dunkin'. ♪ protect your pet with the #1 name in flea and tick protection. frontline plus. trusted b

so far no arrests and no motive. >>> the attorney for brock turner will be in court.ee months behind bars for sexually assaulting an unconscious woman. >>> the white house is threatening to strip security clearances from six former obama-era officials who have been critical of president trump, including former fbi director james comey and former cia director john brennan. >>> in greece, at least pedead ter two tearing through resorts near athens. >>> the yosemite fire is now 16% contained. the ferguson fire burned more than 36,000 acres since it broke out is 1 days 11 days ago. >>> 40 minutes to get to the maze this morning, an additional 20 minutes to get into san francisco. we have an accident at the toll plaza there. and we have muni rerouting buses due to the police activity. neda? >>> check this view out. it's a little gloomy at the bay bridge. same with the golden gate bridge. this is where the sunshine is, over san josi this morning, 62 degrees and 56 in san francisco. afternoon highs in places like san josi will be 84 degrees, 93 in fairfield. the east bay is

.>> reporter: brock turner was not present at tuesday hearing, but he left the courtroom without saying much. presenting oral arguments before estate court of appeal, about why he thinks that brock turner deserves to have his team. he was sentenced to six months in jail, and released after three months, with credit for good behavior. the sentence was deemed as lenient by some, launching protests and the successful recount and recall of the judge. they said that only sexual intercour intent to commit rate. the three-judge panel said that as a review barred -- board, it is not their job to re-weigh the evidence. the state attorney general's office was arguing against the appeal, they released a statement that read in part, consistent with our reading, the attorney general's office argue that there is ample evidence to some -- to support the jury's evidence -- verdict. >> as long as there is some evidence in support of whatever the outcome was.>> reporter: not involved in the case, he says that eight -- the chances are slim. >> it is an uphill battle. in this case, for several reasons, he

. >>> lawyers of for brock turner. the former stanford student convicted of sexual assault return to court to argue for an appeal in this case. attorneys left the san jose courtroom this afternoon and both sides met their arguments today before a panel of 3 judges . turner was convicted of sexually assaulting an unconscious woman on the stanford campus. attorneys argued he did not get a fair trial because of a lack of evidence. we spoke to a retired attorney not involved in this case who explains how the court looks at these appeals.>> they will not re-weigh the evidence, so long as there is some evidence in support of whatever the outcome was. it won't relive. >> brock turner was not in the courtroom today. this panel of judges who heard arguments and now have 90 days to make a ruling. >>> should bill cosby be classified as a violent sexual predator? pennsylvania sex offender boer said yes. -- board says yes. >> cosby's designation as a sexually violent predator comes from the states sexual offenders assessment board.

. >> reporter: brock turner was not present at tuesday mornings hearing and his attorney left the courtroom without saying much. >> i don't have any comments about the proceedings. >> reporter: inside he presented all arguments about why he thinks brock turner deserves to have his conviction overturned. the former stanford swimmer was convicted of three felony charges in the felony assault of a woman outside of a campus in 2015. he was sentenced to three months -- six months in jail and was -- let out -- after three months. it was seen as lenient by some and called -- led to protests that called for the -- removal of the -- judge. the judge panel of two women and one man said as a review board it's not their job to review evidence and they should be trying to prove the evidence was insubstantial. the state attorney general's office is arguing against the appeal and said consistent with our briefing the attorney general's office argued that there is ample evidence supporting the jury's determination of guilt. >> they will not re-weigh the evidence so long as there is some evidence in support

>>>e attorney for brock turner is in court in san jose today to appeal his clients sexual assault conviction. the former stanford swimmer walked out of jail in 2016 after serving three months of a six-month sentence. now his lawyer is arguing his clients did not get a fair trial . is also claiming the prosecution did not have sufficient evidence to prove turner knew the victim was passed out. the hearing began a couple hours ago, a decision is not expected today. >>> the wildfire near yosemite national park is 25% contained. the ferguson fire has burned more than 36,000 acres of standing dead trees and is near limited access roads. highway 140 is still closed and the fire is going on its 12th day. >>> in shasta county, this fire is now 5% contained. the car fire west of reading bird more than 2500 acres starting yesterday afternoon near highway 299. >>> a good reminder it e res bu those temperatures are expected to reach triple digits today in those locations where the fires are burning. right on san jose, it is already warming up look at all the sunshine. across the way, we have clearing go

. >>> coming up in the next half an hour, lawyers for brock turner say he did not get a fair trial. hey are saying today about the victim. >>> plus, what has turner been doing for the last year? we learn more about his life as a registered sex offender in ohio. >>> video of the shootout at a california trader joe's. the bullet that killed an employee came from an officer's gun. >>> and, the new yelp feature putting health scores front and center. this isn't just any long-distance relationship. this is long distance with the best wifi experience, plus the most free shows to stream. and with savings on wireless, this is a relationship with more money to spend on the important things. this is how xfinity makes life... simple. easy. awesome. get started with xfinity internet for just $29.99 a month for 12 months. plus, ask how you can save on your wireless bill when you include xfinity mobile with your internet. click, call or visit a store today. >>> as you enter the golden gate park, your beginning the second half of a full marathon course. make sure that you are staying focused, and d

(vicki) plus, new developments in the brock turner sex assualt case. what the former stanford swimmer's attorney is now accusing the jury of doing. (grant) and new video of that deadly shooting at a trader joe's in los angeles. plus...what the polioce chief is now saying...after we learned that deadly bullet came from an officer's gun. shooting."(grant) dramatic new video shows more details about a deadly shootout at a trader joe's store saturday. one employee died ... and six others were injured. jasmine viel has the latest from los angeles. ... nat sound/sirens and gunshots police dashcam video captured the shootout saturday between the suspect, gene atkins, after he crashed into a pole outside a silver lake trader joe's, and two l-a-p-d officers. nat sound/sirens and gunshotsanother angle from police-worn body cameras shows those officers firing back a reported eight rounds at the suspect as he runs inside. he was hit in the left arm. it was in those moments that store manager melyda corado had come out and was also hit by one of the rounds fired by

brock turner is appealing his sexual assault conviction.urt will hear the case this morning. the former stanford swimmer was sentenced to just 6 months in jail back in march of 2016. the judge in the case -- aaron persky -- was later recalled by santa clara county voters. persky said he was only following the law when he issued the sentence. ( james ) happening now in the east bay... police are investigating an overnight shooting in oakland. it happened on the 65-hundred block of eastlawn street. this is a pictrure from the scene. the shooting happened around 11:00 last night. at least one person was injured. there is no word this morning on a possible arrest. ( darya ) a big story this morning... friends and family are hoping for the best in the search for a missing university of iowa student... who grew up in oakland. 20-year-old mollie tibbetts disappeared... seemingly without a trace last week. her boyfriend was one of the first people to notice that she was gone. he says he was away at work and knew something was wrong when she didn't

they won't relay it. >> brock turner was sentenced to six months in jail and released after three months with credit for good behavior. critics of the sentence said it was too lenient and launched a successful recall effort to remove the trial judge aaron persky from the bench. >>> ceo mark zuckerberg made several appeals to top chinese officials and learned to speak mandarin. the new office will be in the southern city of hangzhou. the company has other officers in brazil, korea, and indiana. >>> amazon may make it even easier and faster to order things from amazon. the bay area news group reports amazon was granted a patent for a shopping system based on text messages. registered customers would text amazon about a desired item. the system scans through its database and texts back with a list of options. customers would then hit the check-out button. this technology is just in the patent stage and the service is not yet available. >>> right now we have a look at how some of the most socially conscious businesses are getting a boost to better impact the lives of those in need. >> good m

. >>> new this morning brock turner is back in the spotlight. he began appealing his sexual assault conviction by arguing he didn't get a fair trial. the state appellate court heard arguments oh sid. each side had 15 minutes to sate its case. turner was convicted of sexual assault in 2016. he was released from jail after serving three months of his six month sentence. >>> happening now, fire crews are battling a fire. it's charred 2,500 acres of land since it began yesterday afternoon. it's 5% contained. structures in the town of french gulch are threatened and the entire town is an a mandatory vacation order. a stretch of 299 is closed. >>> there are more than a dozen fires burning across the state right now. you can see where they are on this map we're going to show you. firefighters are also struggling to contain a big one burning near yosemite national park. the weather is about to make the fight more challenging. a heat wave is expected to last through thursday. one firefighter died in a bulldozi bulldozing accident on the fire line. six ot

and brock turner's lawyers...once again trying to get his conviction overturned.. the news -- at eight -- is next. >>> travel consideration provided by -- >>> it's the most famous crosswalk in the world, abbey road. >> imagine you're a beatle man yak and you made the pilgrimage to abbey road and then this happened. >> yes, that's paul mccartney revisiting his old stomping grounds where the beatles recorded the classic abbey road album and so many of their biggest hits. ♪ >> and sir paul set the record straight on why he was the only beatle who was barefoot. >> it was a hot day and i happened to be wearing sandals like i am today. so, i just kept them off because it was so hot. there was no special meaning. >> now, paul was there promoting his new record, egypt station which drops september now at eight ... she was abducted by this gentleman. he's 36 years old. breaking news in the east bay ... an arrest in the suspected kidnapping of a 16 year old girl.whooshand only on four ... the parents of the man accused in that deadly bart stabbing say their son should never

. >>> lawyers for brock turner the former stanford student convicted of sexually assaulting an unconscious woman returned to court to argue for an appeal in the case. both sides made their arguments today before a panel of three judges -- two women and one man. turner was accused of sexually assaulting a -- an unconscious woman at a party and attorneys argued he didn't get a fair trial because of lack of evidence. we talked to a retired attorney not involved in the case who explains how the court looks at appeals.>> you tell the courtyou marom a c questions -- they will not re- weigh the evidence so long as there is some evidence in support of whatever the outcome was -- then they won't relook at it. >> reporter: brock was sentenced to six months in jail and was released after three with credit for good behavior. the sentence was seen as lenient by many and that launched protests and eventually the successful recall election of judge aaron persky. the panel of judges who heard the arguments now have 90 days to make a ruling. >>> reportedly at a los angeles concert -- hospital after being f

. >> and brock turner back in the spotlight. what's expected to happen in court today? >> also, ahead, the mega >> also, ahead, the mega millions pri >>> a community sad and frustrated following the stabbing death of this young woman at a b.a.r.t. station. >> we will hear from her family later on this morning. we do want to welcome you. it's tuesday, july 24th. >> you're never more than seven minutes away from your accuweather weather forecast. >> hi, everybody. i have areas of fog the closer you are to the coast, and some of those are trying to slip through the coastal valleys into places like petaluma. don't be surprised if the clouds are hanging down making you feel more claustrophobic when you're driving around. let's look at what's going on. a little drizzle along the coast possible through the morning commute. temperatures running in the mid 50s to about 60. by noon, the clouds will cling to the coast once again, keeping you in the 60s all afternoon. while we'll go

. >>> a brock turner case back in court today, this time to appeal the former stanford swimmer's conviction for sexual assault on legal grounds, his attorney claiming the jury relied too much on circumstantial evidence. abc 7 news reporter david louie is in san jose. >> reporter: attorney eric molotov went to court today to say his conviction should be overturned, he told the panel of three appellate justices that he never intended to rape his victim, that's why he was found with his clothes on when the assault was interrupted by two graduate students who discovered them. emily doe was discovered partially nude and intoxicated. that's the foundation for the argument presented. he said the jury did not receive sufficiently compelling evidence that led them to convict turner, turner was also found guilty of two other acts of a sexual nature. moltov did -- gratification with clothes on. outer course. deputy state district attorney alisa carlisle argued that -- a verdict beyond a reasonable doubt. turner was ultimately sentenced to six months in county jail, but was released after three months,

. >>> the attorney for brock turner is making an unusual argument to appeal his sex assault conviction. he was found guilty of assaulting an unconscious and intoxicated woman three years ago. now the attorney is arguing that the conviction should be overturned because his client was fully clothed and wanted only outercourse from the victim, not intercourse. turner was convicted of assault with intent to commit rape and penetration, but his lawyer says since turner was caught during the act fully clothed, the accusations fell short. >>> on a lighter note, just when you thought we were done with the "in my feelings" dance, the federal government is issuing a warning about the challenge. >> this is for real. it started as a simple dance move. now people are putting a new twist on it by hopping out of moving vehicles to do the challenge. that didn't work out well for her. or her. what could possibly go wrong, right? the ntsb is now weighing in. warning people, don't do that. >> who would -- >> on a highway? >> it's not just americans doing this. influencers have been arrested in abu dhabi.

. >>> a lawyer for brock turner will be in an appeals court in san josi this morning e former swimmer's sexual assault conviction should be overturned. turner served just three months for sexually assaulting an unconscious woman. that sentence sparked national outrage and led to the recall of the judge who handled the case. this morning turner's attorney will argue his client did not receive a fair trial. that begins at 10:00. a ruling is not likely today. >>> some san francisco residents are waking up to gunfire. anne makovec is in the mission district with the latest. >> reporter: we have heard two people were shot overnight here in the mission. you can see police have blocked off mission street at 16th here. we are close to the 16th etvery time of the morning. police are continuing the investigation after the shots rang out at 3:00 a.m. this is video we found on the app citizen, which was taken here in this area after the shooting. there appears to be two people tended to by emergency responders after getting that 911 call around 3:00 a.m. those people were taken to the hospital but

. >>> and appeals court has 90 days to decide if they should overturn the conviction of brock turner. both sides went before a panel yesterday. turner's back in ohio. he was not in court. his lawyer argued there was insufficient evidence and the jury had to speculate and fill in blanks to reach a verdict. a retired attorney explained how the court looks at appeals. >> you may have gathered from a couple questions will not we weigh the evidence. so long as there is some evidence in support of whatever the outcome was, they won't relook at it. >> brock turner was sentenced to six months in jail and was released after three months critics say was too lenient. >>> a quick check of weather and traffic. let's say hello to sal. >> this commute is moderate, i would say. we have had a couple of things that are slowing things down on 680, for example, but now we have things leveling off. let's go and take a look at the macarthur maze. you can see traffic is moving along okay. 34 minutes. i like that. that's not too bad. you can see it is a little bit better around the corner. and then you're go

. >> what is the former stanford swimmer brock turner will appear in court this morning to argue hist expected today... >>> it is 8:25, i'm kenny choi. in san josi, the attorney for brock turner will be in court this morning to argue that his client didn't receive a fair trial. a ruling is not expected today. >>> oakland city council members are voting today on a new tax on vacant properties in the city. the money would help homelessness and prevent illegal dumping. >>> a san francisco tradition canceled this year. muni operators are boycotting this year's cable car bell scaling cklateightrotesting the a c nt. and itls ebetterheyond tfo. at ross. yes for less. you know when you're at ross and you'rhello.... ...and then the price is like, helllooo! that's yes for less. find the latest trends and styles at prices that are a perfect fit. it feels even better when you find it for less. at ross. yes for less. >>> good morning. we continue to track slowdowns for drivers trying to get in and out of foster city after an earlier crash. one lane of eastbound 92 is blocked at fosters city boule

brock turner himself is not expected to be in court. >> reporter: that is right. will not be there. the hearing starts -- he will not be there. the hearing begins in front of a three-judge panel in california. the court room is a few blocks from where we are standing in our san jose studio, which is downtown. the process will take 30 minutes with attorneys on each side for 15 minutes each. you remember he was convicted in 2016 on three counts of sexual assault of a woman who became known as jane doe. the crime happened near the stanford campus with him sexually assaulting the victim behind the dumpster. they sentenced him to six months in jail he was released after three months due to good behavior while incarcerated. his attorney says the jury was prejudiced against their clients because of inaccurate information presented by prosecutors during the trial. they cite the location of the victim and found as an example. they say she was found behind a dumpster but theysay she was found in an open space. the three-judge panel has 90 days to issue an ruling. -- a rulin

(vicki) the attorney for brock turner is arguing .. the jury's verdict against him should be overturned ... because of what the lawyer says, was a lack of evidence. the former stanford swimmer was sentenced to 6- months in jail back in march of 2016 ... after he was convicted of sexually assaulting an unconscious woman. that sentence led to outrage and a recall effort against the judge in the case. turner was not in court today ... but his lawyer argued, the members of the jury used their imagination... as to what had actually happened. the california appeal court judges now have 90 days to respond to the appeal. (grant) coming up on kron4 news at nine.... a massive wildfire burning in greece turns deadly... we'll show you the dramatic video.... (vicki) plus... a cheer coach arrested... find out what he was caught doing with one of his students... (vicki) a high school cheer coach was charged with under age drinking and driving under the influence with a cheerleader who is also a student in her car. deputies say 22-year-old gabriella v

. >>> just a couple hours ago in san jose, lawyers for brock turner filed an appeal on his sexual assault conviction. both sides gave their arguments before a panel of judges. turner served three months of a six month sentence for sexually assaulting an unconscious woman. the panel of judges who heard the arguments now have 90 days to make a ruling. >>> in just a few hours, the contra costa board of supervisors is holding a community forum to provide information on the access -- has given immigration officials. several immigrants rights groups are planning a rally outside the board of supervisors chambers. the rally is set for the 1:00 and the community forum begins at 2:00. >>> secretary of state mike pompeo and defense secretary james mattis wrapped up two days of meetings with australian officials at stanford university. >> global security is discussed. >> reporter: we can tell you that american and australian officials say it was a great success. one of the their greatest allies. we can show you video. this took place inside the hoover institution on the stanford campus. there were ma

(pam) the attorney for brock turner is arguing .. the jury's verdict against him should be overturned ... because of what the lawyer says, was a lack of evidence. the former stanford swimmer was sentenced to 6- months in jail back in march of 2016 ... after he was convicted ... after he was convicted of sexually assaulting an unconscious woman. that sentence led to outrage and a recall effort against the judge in the case. turner was not in court today ... but his lawyer argued, the members of the jury used their as to what had actually happened. the california appeal court judges now have 90 days to respond to the appeal. (pam) a warning tonight for residents in santa clara county ... mosquitoes there have tested positive for west nile virus. here are the area codes where the mosquitoes have been confirmed to have the virus. they are 94085 ... 95051... and 95054. that includes parts of the cities of sunnyvale and santa clara. now officials say, they will be doing mosquito control in those areas to prevent any human cases. the west n

brock turner served three months of the six month sentence for sexually assaulting an unconscious womanarked out great -- it sparked outrage and led to recall of the judge. >> the fbi is joining in the search for molly tibbetts. she is missing. she is a university of iowa's student. she grew up in oakland. several searches so far have turned up nothing. her boyfriend last saw her on july 16 and says she left for work when she was staying at him, watching his dogs. he later tried to text her but he never answered -- she never answered. >> she had not called in. i noticed that she had texted -- i had sex a good morning and she not had answered it. -- i had texted her good morning and she had not answered it. >> he is in iowa, searching for his daughter. the family says, many matters -- the family says it is comp located. she went out jogging late at night and disappeared. her and says as far as the family can tell, she went running but was back at the house afterwards. >> the board of supervisors is holding a community forum. it is about the access of local law enforcement is given to fed

former stanford swimmer brock turner convicted of sexually assaulting an intoxicated woman outside a frat house in 2015. he was found on top of a half naked unconscious woman. he served just half of his six-month sentence. but this morning, his attorney trying to overturn that conviction arguing that evidence shows brock wasn't trying to have intercourse with the woman because he says he was partially clothed during the attack. one judge on the panel seemingly skeptical of the argument telling turner's attorney, i absolutely don't understand what you're talking about. >> to now argue about whether he had his clothes on or his clothes off, those are all facts, those are all theories that should have been submitted at the trial level. >> reporter: his attorney fighting the conviction so brock doesn't have to register as a sex offender for the rest of his life. >> let's call it a hail mary pass. best i can tell this is a last-ditch effort. %-p to register in person every few months for the rest of his life. he currently lives with his parents in ohio. the courts have 90 days to make a d

. >>> the california appeals court is considering overturning brock turner's sexual assault conviction. the justices now have 90 days to reach a decision. yesterday they heard arguments on both sides. turner's attorneys say there is insufficient evidence that his client intended to rape the victim. he called what happened outercourse which is sexual gratification with clothes on. the deputy state attorney general argued the jury in his sex assault case had reached a verdict beyond a reasonable doubt. >>> you are never more than seven minutes away from my accuweather forecast. warmest temperatures in the lower elevations. pittsburgh and antioch 70 and 72. up in the hills, 76 in diablo, down in the san ramon valley, 60s, pleasanton 57 degrees. comfortable conditions there. same thing in san carlos, novato, pacifica 64, 63 san jose, los gatos, 82 degrees. the heat is just lurking right above the surface ready to pounce on us once we get rid of the fog you can see from the exploratorium. the beaches, we still have dangerous conditions there. be careful. stay cool today. wear the sunscreen.

so in looking back i'm also looking at the brock turner case that is now revisited and now looking at the woman her 7000 word letter but she said i stood there to examine my body and decided i don't want it anymore i was terrified of it i wasn't sure if it was contaminated or who touched it i wanted to take it off like a jacket and leave it at the hospital and reminded me when people causally referred to their body and talked how they feel broken or unsure of their bodies after dealing with rape or even before with sexual assault. why do you think that is? i think it comes up a lot and how do we address some of these issues women have with their bodies? >> this is to live in the body that no matter who you are or how old or what you look like people have something to say about your body. the dominant narrative is that you are too fat no matter what size you argue a 10 pounds girl you should weigh nine. [laughter] we are always told to fix things i watch a lot of nonsense and also with that comes a lot of drug commercials that you ever burst into laughter unexpectedly or cry unexpected

in looking back and thinking about this conversation i also looked at the brock turner case that just now has been revisited. i was looking back at the women's letter that 7,000 word letter or how many words but she said i examined my body beneath the stream of water and decided i don't want my body anymore i was terrified of it. i did not know what have been in it if it had been contaminated. who had touched it. i wanted to leave it at the hospital with everything else. it reminded me of moments in the book where they are constantly referred to in their bodies. after dealing with rape and before. why do you think that is. it comes up a lot. in what ways can we address some of these issues that women's hat -- women have with their bodies. to live in a woman's body with this world. as to live and one in one that becomes public property. no matter how old you are. people of something to say about your body the dominant narrative for women is that you are too fat it doesn't matter what size you are. if you way 10 pounds. we are always told to fix things. i watch a lot of nonsense. there

about and so i looked in -- in looking back and thinking but the conversation, i looked at the brock turner case that now is being revisited and looking back at the woman, emily doe's letters that 7,000 word letter or i forget how many words -- but she said i stood there examining my body beneath the stream of water and decided department want my body anymore. didn't know what had been in it, effort had been contaminated, who touched it. i wanted to take off my body like jacket and least it hospital with everything else and reminded me of moments in the book where women constantly refer to their body and constantly talk about how they feel broken or unsure of their bodies, after dealing with rape and even before if they ever had to deal with sexual assault, and i wanted to know, why do you think that is? we know why, but i think it comes up a lot, and what ways could we address some of these issues that women have with their bodies. >> well, to live in a woman's body in this world is to live in a body that becomes public property. no matter who you are, how old you are, what you look like,

happening today, brock turner back in the spotlight.ng that he didn't get a fair trial. today, the state appellate court is scheduled to hearing arguments on both sides. the former stanford student was convicted of sexual assault in 2016. he was released from jail after serving just three months of his six-month sentence. >>> let's take a look at traffic this morning. hi, alexis. >> hey, good morning, reggie. we've got plenty of trouble spots. i want to head back to foster city, where we have a rollover crash, eastbound 92 near foster city boulevard. it seems like some of that concrete barrier was hit as well. and caltrans being called to the scene there to clean that up. delay in both directions there. and bay bridge toll plaza emptying ♪ you know when you're at ross and that cute dress gets even cuter? yes. or when you can say yes... to both? sure. or when you find that brand at that price? yeah. that's yes for less. and that's what ross always has in store. whoa. (sighs) yes... oh, yeah. get your yes for less at the newest ross store

brock tr sexual assault trial back in court. you may remember he's the former stanfordan swimmer sentenced fo six months for sexually assaulting an unconscious woman. lawyerss for turner argue that the conviction should have been overturned. the lawyeron said he didn't get fair trial and the sentence sparked outrage nationally and led to the recall of the judge that presided over the case. the appeal is not expected. our mary anne favro is there. you can follow her on twitter for updates. >>> check out the conditions outside. fog is lingering around san francisco for quite sometime there. can you make out the golden gate bridge? 6 we are told it's starting to clear up around at&t park and taking the sweet time. >> how about a look in south bay where this is the san jose skyline? hazy out there. right now meteorologist kari hall is looking at this forecast. kari, and this is pretty typical summer maybe? >> very typical as we are going to see a wide range in temperatures across the bay area. taking a live look outside in dublin right now, we have had the hazy conditions and these drifts of smoke coming by. all the way from the wildfires near yosemite. so checking on the