almena and the other man charged int eh case... max harris... have also requested a change of venue. a hearing on that motion will be held next month. a trial date has been set for april second of next year. ( lydia ) also happening today ... the man accused of killing 18-year-old nia wilson at an east bay bart station ... will be back in court for a hearing regarding his probation. john cowell is facing murder charges for the deadly stabbing that happened in july. earlier this month ... cowell was indicted on those charges. the indictment says cowell intentionally killed wilson by means of lying in wait. ( james ) and in the wake of the murder of nia wilson... as well as several other violent attacks... bart is taking new steps to increase security at all bart stations. but some of the changes are stirring up debate about privacy concerns. kron 4's sara stinson is live at the walnut creek bart station with the details. sara. the surveillance cameras are intended to improve public safety. they would show real time activity at every bart station

today's hearing will be about l alme almena. both men are in jail and have been since june of l.th newsroo hollyfield, abc 7 news. >>> amy, thank you. this morning we are hearing from first lady melania trump and what she has revealed in an exclusive interview with abc news. she claimed she was the most bullied person in the world. abc is asking mrs. trump about accusations about president trump has cheated on her with other women. >> you're not the first first lady to have to deal with her husband's alleged infidelities. has this put on a strain on your marriage? >> sit not a concern and focus of mine. i'm a mother and first lady. and i have much more important things toe think about and to do. >> the first lady accused the media of speculate building her marriage by spreading gossip to increase advertising revenue. look at these upper 70s in richmond, oakland, fremont, palo alto. 67 at half moon bay. tonight, low to mid-50s. there are exceptions. redwood city, morgan hill, upper 40s. tri-valleys and the east bay and upper in t

he said he didn't think almena showed enough remorse. he hosted the concert on the second floor nearly two years ago. the building was so full of art and furniture, they had trouble finding exits. that's how the co-defendant, max harris, he has decided to go to trial. so tell will be just about almena. both men have been in jail since june of last year. amy hollyfield, abc 7 news. >> thank you, amy. abc 7 news is committed to building a better bay area. we are devoting more time to issues that affect your quality of life. the lack of affordable housing is forcing people to live in rvs. as many as 30 can be parked up next to the reservoir along university street. neighbors say they create problems with safety and sanitation. they believe city leaders can do something to make it better for everyone. >> we are similar theic towards these people. we kind of don't think this is the place for them, anyplace, any street. why couldn't the city find something where they can put them and you can provide facilities. >> is the supervisor who represe

the hearing on the motion by almena is happening this morning. almena alleges a judge made an error in rejecting a plea agreement in his case. >>> happening today, leaders from two counties gather to try to save one hospital some fear is on life support. seton medical center's future became cloudy. the hospital's emergency room treats close to 30,000 patients each year. today's leaders from san francisco as well as san mateo county hold the first of what may be several meetings to brainstorm how to keep it open. >>> people who broadcast their lives and interests online and the people who watch them are coming together in the south bay. twitchcon kicks off in a few hours in santa rosa. bob redell joins us live outside the mcenery center. security is expected to be tighter than usual. >> reporter: that's correct, laura. you'll recall this past august a man shot and killed two people and then himself. this was an online gaming competition in jacksonville, florida, a competition streamed live by twitch. no backpacks allowed and past the barricades th

almena didn't show enough remorse.does not want to go to trial. epls the judge to accept the plea deal that he made with prosecutors, including a nine-year prison sentence. he was ready to plead guilty in august. but after listening to statements from victims's family members, the judge said he didn't think almena showed remorse and rejected the deal. 36 people died in the fire two years ago inside an oakland warehouse known as the ghost ship. he was renting the warehouse and converted it to a live and work space. there was a concert on the second floor the night of the fire. co-defendant max harris has decided to go to trial. if almena does go to trial, his attorney wants to ask for a change of venue. >>> one man is dead after being shot by his romantic partner during a kidnapping. it ended in a crash on east travis and dover avenue. the 24-year-old female passenger was of shouting at an officer through her window. she claimed she was being kidnapped. they say she shot the 22-year-old driver who died from his injuries

lawyers for derick almena and max harris were in court today. they say the blame should be placed on the person who installed the electrical equipment in the warehouse although it is unclear who exactly that person is. harris and almena are charged with 36 counts of involuntary manslaughter in the deadly oakland fire nearly two years ago. now the defense attorneys for both men decided to drop plans to move the trial to a different location. a change of venue. they say they can still get a fair trial in almena county. >> and i think the people see this prosecution for what it is, a very misguided attempt at deflecting blame from the bureaucracy, which caused it. >> the next hearing is set for november 9. the trial is scheduled to begin next april. >>> search and rescue operations are underway in the java sea right now after an indonesian lion air flight crashed into the ocean. nearly 200 people are feared dead and debris is floating up from the crash site. the boeing 737 crashed just moments after takeoff. crews have retrieved human remains and p

derick almena....ed to ask the judge to allow the original plea deal during a court session friday. but the judge who was supposed to hear their case said he needs more time to prepare for the case since returning home. the orignal plea deal called for almena to serve nine years in prison but was rejected. both almena and max harris... have been in jail since last year. ( marty ) coming up on the kron 4 weekend news ... some neighbors in the east bay are fighting a proposed mental health falicity in their backyard.. ( marty ) .... and some residents in the north bay are still waiting to get back into their homes. why some think that might not happen. ( marty ) and new confusion over san francisco's sinking and leaning millennium tower. we'll have the latest on that after the break. ( marty ) for your health this morning ... jewelry sold at seven major bay area retailers tested positive for a toxic metal. an oakland environmental group says the metal has a chemical that causes cancer and reproductive he

ghost ship master tenant derick almena will be in court. almena's defense team is alleging that the judge in the case made a mistake in rejecting the plea agreement alemana and creative director max harris made with prosecutors. harris' defense team will also be in court for a pretrial hearing this morning. almena and harris were charged with 36 coutns of involuntary manslaughter for the warehouse fire in december of 20- ( darya ) palo alto police are searching for a suspect who shoved a woman to the ground in park in an attempt to rob her. a woman reported that wednesday morning she was walking in eleanor pardee park on center drive when a man pushed her. she says he grabbed at her pockets.. but she was abe to roll away from him and he ran off. the woman was injured but declined medical attention. ( darya ) in the south bay... santa clara sheriff's office have released a picture of a truck they believe was in involved in last months murder of frankie santos junior. deputies say this black 20-04 or 20-05 nissan titan was driven the shooters

derick almena.... planned to try and get the jugde to allow them to take the original plea deal during court today. however the alameda judge who was scheduled to hear their case just returned from vacation and said he needs more time to prepare for the case. the original plea deal called for almena to spend nine months in prison but that was later rejected by the judge, saying he did not feel almena was remorseful. both almena and the other man charged... max harris... have been in jail since 2017. (ryan) a man running for fremont city council is dealing with more than just opposition from his opponents. he says he was a target of hate. kron 4's sanaz tahernia spoke to justin shaw earlier today. sanaz, tell us what happened. (sanaz) well ryan, like any other candidate running for political office, justin sha set-up political posters throughout fremont. but when his dad drove by two of sha's banners on the corner of mission boulevard and ondina drive, he noticed something was wrong. both banners had be

derrick almena does not want to go to trial.nts to accept a plea deal from the judge that includes a nine-year sentence. he didn't think almena showed remorse and rejected the deal. almena was renting the warehouse and converted it into a live and work space. there have a concert on the second floor the night of the fire. co-defendant max harris has decided to go to trial. his attorney wants to ask for a change of venue if he goes to trial. >>> fairfield police are investigating a domestic violence case after a car chase with a baby inside ended in gunfire and a death. this happened while a woman was screaming for help from inside a car. officers tried to pull the driver over. when the car then sped off, crashing a short time later near dover and east travis boulevard. police say the 24-year-old female was shouting at app officer through the window claiming she had been kidnapped. crews pulled the woman out and then a 10-month-old baby. >> i was so shocked there was even a baby. i was like oh, my god. and the baby was crying. >>

derick almena is fighting to have his plea deal reinstated. he says a judge overstepped his authority when he rejected the agreement reached with prosecutors. almena faces 36 counts of manslaughter stemming from the deadly fire in december of 2016. >>> police in berkeley are hoping someone recognizes this peeping tom. surveillance video showing the man outside a home in the 1300 block of university avenue on october 3rd. >>> the remnants of hurricane michael have now been blamed for at least 5 deaths in virginia. the storm is finally moving out into the atlantic this morning. more than a million homes and businesses are still without power. >>> the saudi government denying accusations that crown prince mohammed bin salman ordered the assassination of a after ending the consulate in istanbul. >>> donald wuerl resigned. he is accused of covering up abuse accusations against his predecessor. >>> 25-minute delays for the ferry service the san francisco departure and slowdowns at the bay bridge toll plaza. we have reports of a crash right here near

derrick almena's attorney will argue a judge wrongly rejected a plea bargain deal. a judge postponed it to today. they want a judge to rein state the agreement. another judge rejected it because he felt almena did not appear remorseful when victims' families spoke in court. he would plead no contest to 36 counts of involuntary manslaughter in exchange for a prison sentence. >>> richmond police are warning of credit card skimmers found on gas pumps in that city. >>> a security breach containing 10,000 customers. a laptop was stolen last month. it contained names, credit card numbers and other health information. there are several stores in the bay area. >>> you are never more than 7 minutes away from my accuweather forecast. look at some neighborhood temperatures through san ramon valley, 48 to 49. pretty popular. livermore, 51. warmer weather, near 60 in antioch. 57 in pittsburg and concord. mount diablo, 47. it is normally warmer. the dry cold front brought in cooler air. that's the case for all of us as we head into the afternoon hours. for your commute, quiet out

derick almena.... planned to try and get the jugde to allow them to take the original plea deal during court today. however the alameda judge who was supposed to hear their case just returned from vacation and said he needs more time to prepare for the case. the orginial plea deal called for almena to spend nine months in prison but was rejected. both almena and the other man charged... max harris... have been in jail since 2017. (ken) just in tonight -- the winning numbers for the mega millions jackpot are in... this jackpot is one of the largest on record. we want to give you the numbers right now -- take a look... the numbers are -- kron 4's gabe slate joins us live.he visited busy stores as they sold the mega millions tickets today gabe, i know you bought a ticket did you win ? coming up (ken) here's another look at the numbers if you missed it. again -- this jackpot is one of the largest on record. the mega millions jackpot represents the 3rd-largest mega millions jackpot in game history, and the

almena rented the warehouse and converted it into a living space.allegedly almena's right-hand man who collected the rent. harris is trying to separate himself now from almena's case. >>> 6:34 for you. nearly one week until the midterm election and a lot is still at staining stake. "today in the bay" pete suratos is live in martinez and pete, i know you are still waiting on the number of those numbers coming from contra costa county. >> reporter: good morning to you, marcus, here in marred nez waiting on the new numbers. hopefully posted to the secretary of state website for the state of california at some point in morning. here are the latest numbers as of september, this was 60 days out from next week's election. you can see on your television screen that in contra costa county, the number of registered voters is just over 603,000. almeida and santa clara counties the in number is just over 850,000. in san francisco, it's sitting just over 480,000. let's show video from over the weekend in the south bay, where you have seven early voting centers o

. >> a judge stunned derrick almena and the rest on of us when he threw out a deal because he said almena didn't show enough remorse. amy hollyfield is here with with what happens next. ? he says he has always been remorseful about this fire. his attorney say he is very sorry. today he and his lawyers will try to convince a judge about that remorse. it was going to be an exchange for a nine-year sentence. but the judge rejected the deal saying he didn't think he showed enough remorse. the night of the fire was nearly two years ago. it was so full of art and furniture, victims found trouble finding the exit and couldn't get out. 36 people died. max harris, co-defendant, has decided to go ahead and go to trial. both have been in jail since june of last year. reggie, alexis. >> thank you, aim y. now to fairfield. a wild story where a man is dead after police say he was shot by his romantic partner, possibly during a kidnapping. okay. so in fairfield, a chase ended on east travis boulevard and dover avenue. the 24-year-old female passenger was shouting at an officer through her window claimin

almena rented the warehouse and converted it into a living space.s allegedly almena's right-hand men who collected the rent. two men are legally tied together but harris is trying to separate himself from almena's case. >>> nearly three weeks after hurricane michael ravaged the florida panhandle we are getting new numbers on the number of people killed, six more deaths confirmed by fema yesterday, all in the state of florida, bringing the state's total to 35. the death toll from michael is at 45. the storm slammed into florida's panhandle october 10th causing mass destruction and also affected georgia, the carolinas and virginia. recovery is expected to take months. >>> the week begins with many questions still unanswered about megyn kelly's exit from nbc. what we do know is that, for now, another hour of "today" show will fill that slot where her show previously aired. nbc abruptly asked kelly last week, after comments she made about blackface. it's believed that the network is still trying to negotiate paying out the remainder of her contract and

derick almena.... planned to try to get the jugde to allow them to take the original plea deal during court today. however the alameda county judge who was supposed to hear their case said he needs more time to prepare for the case since returning home. the orginial plea deal called for almena to spend nine months in prison but was rejected. both almena and the other man charged... max harris... have been in jail since 2017. (terisa) in berkely... a home security camera captures this black and white video where you can see a man's face just before he starts peering through a window. this happened on october third around five am on the 1300 block of university avenue. you saw him walk up on to the porch and then begin peering into the window. berkeley police are currently looking for this man in the video. if you recognized him please contact police. lawrence karnow: gust offshore winds are expected to blow over the weekend. we could see some gusts as high as 50s mph hour over north and east bay hills.

but that judge felt almena failed to show sufficient remorse for his role in the 2016 ghost ship fire. >>> 6:38 right now. muni is rolling out its fleet of the future but one common complaint keeps popping up. why riders aren't thrilled with the seats. >> and we'll take you inside a terrifying new halloween attraction in a historic bay area building. whoo! >> it's been a few scary weeks for the dow as we take a look. proposition 11 solves two issues. first, it continues to pay paramedics while we're on break. second, it ensures the closest ambulance can respond if you call 9-1-1. vote yes on 11. a more powerful way to stay connected. it gives you super fast speeds for all your devices, enhanced coverage, and lets you control your network with the xfi app. it's the ultimate wifi experience. xfinity xfi. simple. easy. awesome. get started with xfinity for $34.99 a month for 12 months. plus ask about xfi pods for even more coverage. click, call or visit a store today. narrator: he claims to be an education reformer, but marshall tuck's failed record managing actual schools won't work as

derick almena....lanned to try and get the jugde to allow them to take the original plea deal during court today. however the alameda jugde who was supposed to hear their case just got back from vacation and said he needs more time to prepare. the orginial plea deal called for almena to spend nine months in prison but was rejected. both almena and the other man charged... max harris... have been in jail since 2017. (jr stone) a man running for fremont city council is dealing with more than just opposition from his opponents... he's dealing with hate. this after his campaign posters we're found vandalized. fremont police say they are now investigating this inicident as a hate crime. justin sha set-up political posters throughout fremont. his dad drove by two of sha's banners on the corner of mission boulevard and ondina drive... and found that both banners had been vandalized, and on one of the banners, a pair of horns and a swastika were drawn on his forehead. sha is a chinese-american and although thi

the hearing on the motion by almena is happening this morning. almena alleges a judge made an error in rejecting a plea agreement in his case. >>> police are questioning the drama that played out yesterday in fairfield, when a woman yesterday at officers from a passing car that she was being held against her will. officers followed the car. few blocks later, it swerved into other cars before crashing on east traffic boulevard. investigators learned the woman shot and killed the 22-year-old man driving the car. now police say the man and woman lived together. >> was she a victim of domestic violence, which is why we withhold her name, is she a suspect in the unlawful killing, which is what a murder is, but it could very well be justified. that's what we're trying to determine at this point. >> police say a 10-month-old baby was in the back seat, uninjured. the woman is said to be cooperating with investigators. >>> people who broadcast their lives and interests online and the people who watch them are coming together in south bay. twitch con kicks

lawyers for derick almena are expected to argue that a judge in august wrongly rejected an agreement which was reached with prosecutors. under the deal, almena would have pleaded no contest to 36 counts of involuntary manslaughter in exchange for nine years. but the judge felt that almena failed to show sufficient remorse for his role in the 2016 ghost ship fire. lawyers for co-defendant max harris say he wants to go to trial so he can be found not guilty. >>> a scooter company is reportedly filing a restraining order in superior court to prevent the return of escooters to san francisco on monday. kpix 5's jackie ward is live in san francisco to explain why lime wants to keep scooters off the streets. jackie. >>> reporter: michelle, it comes down to the fact that lime is kind of being left out of the party in their opinion. san francisco is supposed to launch this pilot program starting monday but it only wants to use two scooter companies, "scoot" and "skip." those are the only two that they want to be a part of this program. so starting monday, the sfmta is issuing permits to those

ghost ship master tenant derick almena will be in court. defense team is alleging that the judge in the case made a mistake in rejecting the plea agreement alemana and creative director max harris made with prosecutors. harris' defense team will also be in court for a pretrial hearing this morning. almena and harris were charged with 36 coutns of involuntary manslaughter for the warehouse fire in december of 20-16. ( james )in the east bay... a group of activists are calling out catholic priest, steven whelan, who they say... was found águilty of molesting joey piscitelli almost 50- years ago. back then piscitelli was a teenager... and whelan served as a vice principal at salesian high school in richmond. piscitelli and other members of survivors network of those abused by priest... wants father whelan removed from his priestly duties. father whelen now serves at the local community of salesians at don bosco hall in berkeley.

almena rented the warehouse and converted it into a living space. harris was allegedly his right-hand man who collected rent. the two men have been legally tied together, but harris is now trying to separate himself from almena's case. >>> happening now, it's going to be a long but very fun night in boston as they celebrate. the red sox are champions once again. they beat the l.a. dodgers to win the world series 4-1. this is the fourth red sox championship since 2004. >> they had gone a long time until that 2004 one, much like the giants. and that is what it looks like in boston right now. and much like san francisco after the giants won in 2010, '12, '14, boston celebrating. this is near fenway park. party going on. >> people just don't know what to do with themselves. it's fun to be out there. >> it's cool. they don't know what to do with themselves as long as they don't do something. there is always somebody, that overturned a car. >> hopefully that doesn't happen. >> a complete look at the game, the game that sparked all this. that's coming up i

the lawyers say polling of possible jurors gives them confidence that derick almena and max harris willve a fair trial in alameda county. a trial date is expected to be scheduled at a nov. 9 hearing. ( robin ) a 49-year old female substitute teacher, who previously taught in palo alto and redwood city .... has been arrested and charged with 24- felony counts of sexual misconduct with a 14-year-old girl. the san mateo county district attorney's office says the alleged illegal behaviour happened between november 2014 and november 2015. the d-a also says the alledged sexual acts between dawn gia-ninni and her female relative were video taped on the victim's phone and uploaded to the user generated porn website. a friend of the victim and student at woodside high school came across the video and told the principal. <"the principal told police, did the right thing."> ( robin ) the d-a's office says gia- ninni faces 30-40 years in prison. gia-ninni is in the san mateo county jail on 1-pont-7 million dollar bail and will appear in court on november 5th. ( robin )the city of oakland will be pai

lawyers for derick almena and max harris said that they've decided against moving the trial elsewhere lawyers had mulled asking for a change of venue after a well-publicized plea deal fell through. both men have apologized to victims' families and pleaded no contest to 36 charges of involuntary manslaughter. the lawyers say polling of possible jurors gives them confidence that almena and harris will receive a fair trial in alameda county. a trial date be scheduled at a nov. 9 hearing. ( james ) kron 4 is your local election headquarters... and along with the races for governor and senator here in california... races all across the country could determine which party controls the house and the senate for the next two years. joining us now to break it all down is professor james taylor who teaches politics at the universty of san francisco. good morning. gavin newsom is the favorite in california's governor's race, and if he's elected his extensive business holdings could present an ethics problem.his company, plumpjack group, owns wineries, bars, restaurants, hotels and liquor stores t

derrick almena's attorney will argue a judge wrongly rejected a plea bargain deal. motion was set to be heard on friday but a judge postponed it until date. his attorneys want it rein stated. another judge rejected it because he felt almena did not appear remorseful when victims' families spoke in court. he would plead no contest to 36 counts of involuntary manslaughter in exchange for a prison sentence. the other defendant plans to take his case to trial. >>> your voice, your vote. san francisco spent hundreds of thousands of dollars to get non-citizens to vote. a few dozen residents actually signed up. the chronicle reports san francisco paid $310,000 to set up this registration system and urge people to register. but only 49 people did that. that works out to $6,300 per voter. >>> heads-up if you shop at rayle. >> a security breach a affecting 10,000 customers. a pharmacy laugh top was stolen. it contained names, medical records, prescription drug records and other health information. they are working to determine whether the data has been accessed or misused. th

plea deal, that deal was not accepted by the judge and he ruled that almena was not remorseful. another judge will hear a motion to reinstate that plea deal. >>> and they're looking for the public's help who has been peeking into a home. authorities released surveillance video of a suspect looking into the house near university avenue near acton street on october 3rd. investigators say at 5:00 in the morning, the man walked on the front porch and looked into the window. and berkeley searched for one peeping suspect, another is under arrest. and he's due in court after being caught on wednesday. someone had been prowling around this woman's home since march. she set up 4 surveillance cameras that captured images of the suspect, and she called police and they were able to take him into custody. >>> coming up, officers were called in and the investigation is now under way. is now under way. >>> and a free style rap of sorts, we'll show you some of the highlights of can yeah -- kanye west's meeting with the president. >>> highway 4 is a spot we'll have to watch the commute, we'll te

that was rejected by a judge saying almena was not remorseful enough. a court hearing was scheduled, one will be assigned to a new trial judge and the other will be for an attempt to reinstate the plea deals. >>> this fire broke out on hill top drive before 8:30 this morning, it spread quickly, a number of different agencies were called in to assist, and when crews arrived, the fire was well involved with visible smoke and flames damaged the back of a neighbor's home. >> the damage is extensive to the primary house, it appears it started downstairs and worked its way up to the structure and caused minor damage to the house next door. >> the people who live at that home have been displaced, firefighters plan to stay at the scene to make sure there are no flare ups, the cause of the fire is under investigation. >>> the damage left behind by hurricane michael is extensive leaving some communities completely wiped out. today the death toll continues to rise, at least 11 people have died as a result of the storm. we have more on the storm's aftermath from on

derrick almena's attorney will argue a judge wrongly rejected a plea bargain deal. motion was set to be on friday, but a judge postponed it until today. another judge rejected the plea agreement because he did not feel almena was remorseful. he would plead no contest to 36 counts of involuntary manslaughter in exchange for nine-year prison sentence. >>> your voice, your vote. san francisco spent hundreds of thousands of dollars to get non-citizens to vote. a few dozen residents actually signed up. non-citizen parents can vote for school board members in san francisco. the chronicle reports san francisco paid $310,000 to set up this registration system and urge people to register. but only 49 people did that. that works out to $6,300 per voter. >>> a security breach containing 10,000 customers. a laptop was stolen last month. it contained names, prescription drug information and other health information. there are several stores in the bay area. >>> 19 dogs just graduated from the pets and vets program. the program matches veterans ith emotional support tha guy > the

almena and harris -- a plea deal but the judge said they did not show enough remorse. the judge had this to say as to why they now want the case tried in oakland. we ascertained that the juries here in alameda are more favorable to our cause, than other counties. so, we want a trial here in alameda. we want a judge from alameda. we want a jury from alameda, and, we are ready to go. >> the case will be back in court on november 9th, at which time a new trial judge will be assigned. >>> the highway patrol has called off an amber alert for a 4-year-old girl abducted from washington state by her mother. authorities say the mother and daughter are now in mexico. 4-year-old aranza maria ochoa lopez was last seen during a court supervised visit with her mom this past thursday. authorities say in addition to the kidnapping, 21-year-old esmeralda lynn lopez is a person of interest in a robbery that happened that same day as the objection. the amber alert was issued in case someone spotted the. traveling through california. >>> up next year, new information tonight about the man

derick almena in max harris faced a judge today, the defendants say that the blame should be placed on the person who installed electrical equipment. it is unclear who that person is. the two are charged with 36 counts of involuntary manslaughter in the deadly fire nearly 2 years ago. now the defense attorneys for both decided to drop plans to move the trial to a different location. they say that they can still get a fair trial in alameda county. >> i think that people see the prosecution for what it is. a very misguided attempt at deflecting blame from bureaucracy. >> the next hearing is set for november 9. >> this afternoon we have learned another suspicious package has been addressed to cnn for the third time in one week. this one was intercepted at the post office and there is no imminent danger. this comes as the suspect accused of sending last week's package bombs will make his first appearance in court today. cesar sayoc was arrested in florida on friday the same day a package addressed to tom steyer was discovered at a mailing processing facility in burlingame. the prominent de

but that was rejected by a judge in august who ruled almena wasn't remorseful. a knew trial judge will be assigned coming up -- a new trial judge will be assigned coming up. >>> a "washington post" journalist missing, there is proof he is no longer alive according to officials. how this is causing tensions between the u.s. and saudi arabia. >> an american pastor held in turkey for two years is heading back home! what the u.s. is promising to do in exchange for his release. >>> there's new developments tonight in the case of a missing "washington post" journalist who is thought to have been murdered by saudi arabia. ryan chilcote has the latest. >> reporter: a saudi born "washington post" columnist walked into the saudi consulate in istanbul about a week ago and disappeared. still no word from him. the turkish government says it has proof khashoggi was killed and dismembered inside the consulate. friends say he was there for paperwork related to his upcoming marriage. he may have been set up by government agents. >> he had been to the consulate. they received him

but harris is now trying to separate himself from almena )s case... for his own trial. and our top story tonight... a city still reeling from tragedy. yesterday )s shooting at a synagogue in pittsburgh is believed to be the deadliest . >>> our top story tonight a city still reeling from tragedy. yesterday's shooting at a synagogue in pittsburgh believed to be the deadliest attack on jew ntz history of the united states. the accused killer expected in court tomorrow facing 29 federal charges including hate crimes. >>> authorities released the names of the victims today. eight men and three women ranging in age from 54 to 97, who were gathered for prayer and celebration. today flags were at half staff around t two died. nbc's matt bradley reports on the lives of those lost. >> reporter: when there's a death in the jewish community, families remember the dead by sitting him.epter: it's a tradition steven holly has endured twice in the past month. first for his father and now for his uncle daniel stein, murdered yesterday at the tree of life synagogue. >> funny, loving, car

they are entering a plea and they said one plea was thrown out because almena did not show enough remorse. >>> and there's high fire danger in mount diablo. they're worried about low humidity and gusty winds and the highest threat of fire danger are the napa county hills and marin county. fires that start in those fires are likely to spread quickly. they're taking proactive steps to keep wildfires from spreading. >>> we are using government resources and it's the first time we do it, it's called repositioning. >> and heavier fuels in the county, they don't have time to dry out. >> the red flag warning will be in effect until tomorrow morning. >>> and something you wouldn't normally expect to see in a business park. coming up at 5:00, the close encounter with a lyon county, it's making one east bay community very nervous. >>> changes are coming to at that troubled neighborhood in san francisco, the reason more businesses are not setting up shop in the tenderloin. >>> we have traffic on 580, we'll let you know more about it, they're making progress and opening the lanes. oping the lanes. >>

derek almena faces six counts of involuntary manslaughter for the 2016 fire. a hearing is under way. he is alleging a judge made an error in his case. >>> marin county leaders want to be next to sniff out the sales of flavored tobacco and vaping products. next week, supervisors will debate a ban that also includes menthol cigarettes. if approved, this would apply to all unincorporated areas. a first reading on that proposal is scheduled for next tuesday. a vote could take place november 6th. >>> and it's official. concerns about toxins are delaying the opening of crab season along the upper california coast. the state department of fish and wildlife say unhealthy levels of demotic acid were found in some crabs. it's the same toxin that destroyed the 2015 crab season. so far, crab along the coastline is healthy and recreational fishing is scheduled to open as planned in november. >>> one city in the east bay writing a new chapter for bookworms tomorrow. the city of hayward will celebrate the grand opening of its new library. you can see what the old location ac

are two hearings scheduled, one centers around the plea agreement originally made by master derek almena, the judge decided not to accept the agreement. second hearing involves allowable evidence in the deposition of co-defendant max harris. >>> former governor arnold schwarzenegger is apologizing for his past behavior towards women. in an interview with "men's health" schwarzenegger says he "stepped over the line" several times and he feels bad about it. this isn't the first time the hollywood actor turned politician has expressed regret. days before winning the 2003 recall election for governor, he faced groping allegations from several women, admitted he sometimes behaved badly onilhe actually realize if they've done things, now that me too has com. inspectors ordered scaffolding put up after a window on the 36th floor cracked. workers took down the protecting scaffolding around the sidewalk and did it without the city's permission. the city says the scaffolding needs to go back up, but the homeowners association doesn't plan to do that. it claims there's no danger to pedestrians. >>>

. >>> derick almena, who faces 36 counts of involuntary manslaughter in the deadly 2016 ghost ship firee in court today. he is fighting to have his plea deal reinstated. he says a judge overstepped his authority when he rejected the agreement reached with prosecutors. >>> and today the scooter company lime is reportedly filing a restraining order in san francisco's superior court to prevent the return of escooters to the city on monday. it comes after the city granted scooter permits to two companies, "scoot" and "skip." >>> we'll have news updates throughout the day on your favorite platforms, including our website, kpix.com s event is finally here. so you can find a party dress that actually makes you want to celebrate. yes. or find a new dress that's perfect for work. perfect! or one that you know exactly how to work. yeah? yeah. that's yes for less. get to the ross fall dress event where you can find the latest styles and trends for every occasion. the ross fall dress event is on now, and it feels even better when you find it for less-at ross. yes for less. >>> 7:28. we have an acci

today attorneys for derick almena are expected to argue the judge in august wrongly rejected the agreementadly ghost ship warehouse fire that killed 36 people. >>> starting in february, bart will begin a seismic retrofit of the transbay tube that will delay service. trains will start running at 5 a.m. instead of 4 a.m. during weekdays. bart plans to run 41 shuttles during that hour. >>> and neighbors of santa rosa's coffey park are celebrating a big milestone today. pg&e has completed its electric and gas line overhaul to replace destroyed equipment last year in the wildfires. we'll have news updates throughout the day on your favorite platforms, including our website, kpix.com. >>> good morning from the traffic center. the fog is back. it is affecting your drive over the golden gate bridge right now. chp has issued a fog advisory as you work your way across the span. here's a live look. you can see that fog just covering the span of the golden gate bridge. your drive time a little slower about 18 minutes from 580 into san francisco by 101. so plan for that this morning. we have reports of

. >> reporter: spring of 2019 at the earliest as when the trial against max harris and derick almena could begin. the first step is assigning a new judge and courtroom to the case. that is supposed to happen today at the alameda county courthouse in downtown oakland at 9 am. derick almena and max harris are charged with the death of 36 people killed in the ghost ship warehouse fire that happened in oakland in december 2016. they signed off on a plea agreement earlier this year. that deal was thrown out over the summer. alameda county district attorney said that the office would not be seeking any new plea deals in this case. under that plea agreement, the master tenant of the ghost ship warehouse would have been sentenced to nine years at harris, alleged assistant would have been sentenced to six years. a judge canceled the deal after the family members expressed concern and anger about it. the judge says that he felt that elemental was not resourceful -- remorseful about what happened. the case goes to trial in the new judge. it could take several months. the attorneys have said tha

and they signed off on a plea agreement, but that was thrown out because almena did not show enough remorse. >>> and there's a red flag warning in mount diablo and they're worried about low humidity and strong gusty winds, the threat of fire danger is the napa hills and marin county and fires that start in those areas spread quickly. the marin county firefighters are taking action to prevent wildfires from spreading. >> we call it prepositions and it's very new, this is the fourth time we've done it. >> the heavier fuels in the county haven't had enough time to dry out. >> the red flag warning will stay in effect until tomorrow morning. >>> it's 5:41, still ahead, a famous actor said he was almost scammed out of $13,000. how james mcvoy nearly fell for a hotel scam and he may not be alone. >>> changes are coming to a troubled san francisco neighborhood, up next, why more businesses are deciding to open up in the tenderloin. >>> good morning, right now we have more traffic that is getting a lot busier as you're driving on many commutes, we'll tell you more about all of the bridges when we co

prosecutors say almena rented the warehouse and acted as the landlord.rimary tenant there, who also collected rent. each are now charged with 36 counts of manslaughter. until now the two have been legally tied together. harris is trying to separate himself from almena's case. >>> let's check the forecast now meteorologist kari hall. >> we're starting out with clear skies and cool temperatures this morning. here is a live look in san jose, as we will see all the sunshine continuing into the morning and afternoon, just a few clouds mixing in, but we're also cooler than what we've seen recently, only reaching 72 degrees in san jose. we'll be up to 73 in concord, and in napa. san francisco looking at a high of 67, and with our inland valleys only reaching in the mid-70s today, it will be breezy and just slightly warmer tomorrow, but the warming trend continues as we go through the week, up to 85 degrees on thursday and then a little bit cooler in time for the weekend. let's get an update on the commute now from mike. >> kari, it looks weird in the south bay.

the lawyers say polling of possible jurors gives them confidence that derick almena and max harris willtrial in oakland. a trial date is expected to be scheduled at a nov. 9 hearing. it was a gorgeous day around the bay area as high pressure gets ready build in. highs today were in the 70s and 80s inland with 60s and sunshine at the coast too. red flag warnings are going up for bay area mountains above 1,000 feet and will contiue until wednesday. winds will gust as high as 50 mph over the highest peaks. high pressure will continue to build over the next few days bringing sunshine and breezy conditions at times for the rest of the bay area, highs tomorrow will be in the 70s and 80s inland with 60s at the coast. it will be nice on halloween. cooler weather is expected next weekend. (pam ) in the south bay... neighbors used garden hoses to battle a fire that threatened their homes this morning in san jose. as kron four's rob fladeboe reports now, the fire started in a nearby homeless encampment. nats (firefighters)this was the scene here at the corner of guenivieve lane and tish drive mond

gives them confidence that derick almena and max harris will receive a fair trial in oakland. trial date is expected to be scheduled at a november 9th hearing. (grant) now to our four zone forecast... as we take this live look outside at the embarcadero... joining us now is chief meteorologist lawrence karnow... it was a gorgeous day around the bay area as high pressure gets area as high around the bay gorgeous day it was a it was a gorgeous day around the bay area as high pressure gets ready build in. highs today were in the 70s and 80s inland with 60s and sunshine at the coast too. red flag warnings are going up for bay area mountains above 1,000 feet and will contiue until wednesday. winds will gust as high as 50 mph over the highest peaks. high pressure will continue to build over the next few days bringing sunshine and breezy conditions at times for the rest of the bay area, highs tomorrow will be in the 70s and 80s inland with 60s at the coast. it will be nice on halloween. cooler weather is expected next weekend. (ken) the tragic (ken) weekend. (ken) the tragic mass sho

almena and harris. the defense had this to say today as to why once the case the case tried in oakland. >> we ascertained that the injuries here in almeda are more favorable to our cause than other counties. so we want a trial here inial immediate a we want a -- almeda, we want a judge frommal immediate a we want a jury from almeda and we are ready to go. >> the case is fax in court on november 9th at which time the new trial judge will be assigned. >>> a man trapped between a parked car and the platform today as emergency crews used a new form of technology to rescue him. >>> a 49-year-old wine worker up in napa dies in an awful accident at a winery, the 4th such death in three years in the wine country. >>> partly cloudy, cooler this afternoon across the bay area and for some it's breezy. those winds are going to pick up, increased fire danger on the way, details what you can expect coming up. you could save energy by living off the grid. completely. or... just set the washing machine to cold. do your

. >> almena's attorneys are hoping to have his plea deal reinstated next week while harris' defense team wants to take his case to trial. the criminal trial is scheduled for both in april. >>> outrage at google. buzz feed reports a group of 200 employees plan to protest on thursday. a "new york times" article published last week is fueling this anger. it claims android creator andy ruben was given a $90 million exit package in 2014 after an investigation found he had coerced another employee into google ceo says, no one terminated for sexual harassment in the past two years received an exit package. >>> we're about to meet an incredible teenager from the east bay. he has cerebral palsy but his talent is golf. it's sending him to a tournament to play with the biggest names on the pga tour. >>> we all benefit as >>> good morning. time approaching 5:44 a.m. looking at the winds in our hills because we have the red flag warning in effect. gusting at 20 at mt. tam. hour by hour we go temperaturewise, starting out in the 50s by 7:00. quickly warming. a nice afternoon to take your lunch outside

derick almena and max harris signed off on a plea agreement earlier this year but the deal was later thrown out this summer after the judge and relatives of the victims that almee. the defense had this to say, as to why they want the case tried in oakland. >> we ascertained that the juries here in alameda are more favorable to our costs than other counties. so, we want a trial here in alameda. we want a judge from alameda. we want a jury from alameda. and, we are ready to go. >> the case will be back in court on november 9th, at which time a new trial judge will be assigned. >>> france -- san francisco police say they arrested a 39 old woman accused of beating a man to death during an apparent argument over a slice of pizza. police have identified the suspect as jamila moore of san francisco. she was arrested in stockton on suspicion of beating a man with a metal cane last month. police say when officers responded, they found the 65- year-old victim harveysuffering from a skull fracture. he died at san francisco general hospital days later. anyone with information about the case is a

gives them confidence that derick almena and max harris will receive a fair trial in oakland. a trial date is expected to be scheduled at a november 9th hearing. (ken) the golden state warriors are on the hook to pay for 40 million dollars in renovations at oracle arena....even after they leave for san francisco. it's all part of a deal the warriors made years ago to upgrade the arena. but since they are leaving oakland..they did not want to pay the remaining balance... now they are being ordered to do so. in a statement the coliseum authority chair nate miley said "we are pleased by today's ruling and believe that it's the warriors...not the oakland and alameda county taxpayers who should repay this debt" now to our four zone forecast. taking a live look outside at s-f-o.kron-4's chief meteorologist lawrence karnow is here now with the forecast it was a gorgeous day around the bay area as high pressure gets ready build in. highs today were in the 70s and 80s inland with 60s and sunshine at the coast too. red flag warnings are going up for bay area mountains above 1,000 feet a

are two hearings scheduled, one centers around the plea agreement originally made by master derek almenajudge decided not to accept the agreement. second hearing involves allowable evidence in the dant harris. >>> on the weekends, i know a lot of people hit garage sales or yard sales looking for a bargain. tomorrow is a good day for you, if you live in contra costa county. saturday one of two yearly citywide garage sales and there's el cerrito. nearly 50 households are registered to participate. some sales benefit charities like community senior centers and wildfire survivors. it's too late to join as a seller but they're saying buyers are certainly welcome. check out "today in the bay's" kris sanchez twitter feed. she just tweeted out more information about 20 minutes ago. so maybe she's going bargain hunting. >> for sure. >>> wedding bells overnight, another royal ceremony was under way in britain. >> princess eugenie married jack brooksbank at windsor castle. is we have enueofsed back in may by prince harry and meghan markle. just niurse queen elizabeth ii, she's atnd theoyal family.

that represents a change in course for lawyers for derick almena and max harris... they'd been talking about moving the case out of alameda county....but now say they've polled possible jurors -- and have changed their minds.saying jurors in alameda will likely be 'more friendly' than those in other counties. the 2016 warehouse fire killed three dozen partygoers.. a trial judge was supposed to be selected today but that decision was delayed until november 9th. the criminal trial is now scheduled for next april. (vicki) also new at 5... the golden state warriors will still be on the hook to pay for renovations at oracle arena even after they leave and go to san francisco. (catherine) it's millions of dollars that could' have been left to taxpayers. kron4's ryan o'donnell joins us with more on why the team owes so much. ryan? this is all part of a deal the warriors made years ago to upgrade oracle arena... but since they're leaving... they didn't want to pay the remaining balance. today... they were ordered to do so. in 19-96... a 30-year bond of 100-million dollars w

there is a pretrial hearing in 9 and for delicate derick almena max harris.he most both basic 36 of involuntary manslaughter and too to april. the two men hope to avoid a trial by accepting a plea deal..in august will rule that he was not remote enough. in his upper hearing, a mother judge whether a defense motion to reinstate the pleading. >>> worker continues to find a fix for the trans basement -- center the power authority has delayed the reopening of fremont street until wednesday. crews still have not pulled samples for the damaged steel beams. that means they will not know what they are dealing with until they can get the results. 30 says it wants to have a permanent fix in place by the end of the year. the new 2.2 trans ad billion transit center under warranty. the city says taxpayers will not be added for the -- responsible for the expense. >>> christopher sheppard and lawrence daniels inspecting tracks near the walnut creek station when hit and killed by a train ticket is being operated by the manager in training during a labor strike. the state pub