aaron persky from the bench.e are the latest numbers right now with 39% of the precincts reporting. the yes have it with 59% followed by the nos with 41%. devin fehely joins us in san jose. >> reporter: there are still about two dozen supporters at a recall party watch party. the mood this evening is one of both jubilation and guarded optimism. they are not yet ready to declare victory until the final decisions are in. but they did jump out to an early lead, 59 to 41 as you mentioned. they managed to hold on to that margin. this is both a political campaign as well as a cultural moment. this recall effort proceeded the #metoo movement, certainly aided by the tail winds, the cultural tail winds. this recall is about the judge's verdict in the brock as lenient and egregious. the judge showed bias in cases involving victims where women were the victims of those crimes. they say they hope this recall sends a crystal clear message. >> the six months is the most toned deaf things. okay, everybody knows six months is th

cindy hendrickson has received a majority of the vote to become aaron persky's successor. >> it has been exciting to me in this race to encounter people who see what they perceive to be injustice, and they are willing to step up and speak out, and work to bring about change. and, that has been really inspiring to me. >> if a judge has lost his job for doing his job, i think it's a very sad day for the judiciary in california. >> reporter: people defending aaron persky say his sentence was legal and the recall could undermine judicial independence. the last time voters decided to unseat a justice in california was in 1932, more than 80 years ago. in palo alto, sandra osborne, kpix 5. >> public prosecutor cindy hendrickson is set to replace aaron persky. she got 70% of the vote in santa clara county. >>> bay area voters appear to be okay with shelling out more money for bridge tolls. regional measure three passed with 60% support in the nine county region. over the next 6 years, the toll increases will look like this. a one dollar increase in january 2019, a one dollar increase in january

people, to families, to businesspeople, to organizers, to schoolteachers ... >>> it appears judge aaron persky is out. more than half of santa clara county voters approved recalling the superior court judge. kpix 5's sandra osborne reports. >>> good morning. this recall effort needed a lemd now, it appears judge persky's so-called downfall started here two years ago at the palo alto courthouse. it was back in 2016 that superior court judge aaron persky handed down the controversial six-month sentence to a former stanford university swimmer brock turner, who was convicted of a movement to recall him started when some people thought the sentencing was too short. it preceded the "#metoo" movement. michelle dauber, the woman who launched the campaign said the local vote will resonate nationally and underscores the staying power of the "#metoo" movement. cindy hendrickson a prosecutor so far hasreceived nearly 70% of the vote to become persky's successor. >>> it's been exciting to me in this race to, um, to encounter people who see what they perceive to see as injustice and they're willing p d out

. >>> the numbers are in and it appears judge aaron persky is out. more than half of santa clara voters approved recalling the superior court judge. and kpix 5's sandra osborne has the results. >>> reporter: good morning. just to give you a little insight into how it worked, the recall campaign merely needed the simple majority vote to be passed by voters here in santa clara county. now, it appears judge persky's so-called downfall started here two years ago at the palo alto courthouse. it was back in 2016 that superior court judge aaron persky handed down the controversial six-month sentence to a former stanford university swimmer brock turner, who was convicted of rape. i movement to recall him started when -- a movement to recall him started when some people thought the sentencing was too short. it preceded the "#metoo" movement. the woman who launched the campaign said the local vote will resonate nationally and underscores the staying power of the "#metoo" movement. a prosecutor so far has received nearly 70% of the vote to become persky's succe

voters in santa clara valley are going to decide whether to keep or recall judge aaron persky. >> persky for what some thought was a lenient six-month sentence of sexual assault case of former stanford student brock turner. live from san jose, the registrar of voters. matt. >> the voting booths already at the registrar of voters office in san jose. they will be here starting at 7:00 people can cast their ballots. they are going to get a rare opportunity here. judge aaron persky the first judge in california to face a recall vote in 80 years all sparked by sentencing of brock turner. he gave the former stanford swimmer six months for sexually assaulting an unconscious woman. it was heard around the world. it sparked a recall campaign. voters will decide if his term will be cut short four years. attorneys have supported persky saying judges must maintain independence and not swayed by public opinion. the voting starts at 7:00 this morning. abc 7 matt keller. >>> live update from abc 7 mornings. >> from our live desk, i want to show you this. president trump jumping into the california prim

also in the south bay, voters have spoken in the recall of judge aaron persky.ial, but as you can see, it didn't seem all that controversial with voters. they were decisive. 60% to 40% with 76% of the precincts reporting. that means judge aaron persky is recalled and will be replaced immediately by a woman. we'll talk about that in just a few minutes. >>> 5:36. let's turn to regional measure 3 which would essentially raise tolls on every bay area bridge except the golden gate by $3.00 over the next six years. it's on the ballot in nine counties. the question for voters, remain stuck in traffic or pay an eventually $9.00 toll. take a look what happened here. yes at 54%. if passed, it will increase tolls by $3.00 on seven bridges in the bay area. the toll increase happening a dollar at a time. estimated to raise $4.5 billion. the money would fund transportation projects aimed at improving traffic congestion and mass transit. voters we spoke with had mixed feelings. people don't want to pay more but traffic is awful. >> certainly i'd like to see b.a.r.t. gets its a

a movement for full equality for women. >> voters were also asked to decide who should replace aaron persky of the recall were successful. cindy hendrickson is getting support from 70% of the voters. she will serve with the other santa clara superior court judges, who all stood with persky and against the recall. >>> still ahead, disney world is getting some criticism. why some parents are petitioning against the themepark and why they are not happy with the bathrooms. >>> another body was discovered at san francisco general hospital. we have details on that investigation coming up. ♪ ♪ legendary jockey vÍctor espinoza is insatiable when it comes to competing. ♪ ♪ so is his horse. ♪ ♪ when it comes to snacking. ♪ ♪ ♪ ♪ that's why he uses the chase mobile app, to pay practically anyone, at any bank. life, lived victor's way. chase. make more of what's yours. with pg&e in the sierras. and i'm an arborist since the onset of the drought, more than 129 million trees have died in california. pg&e prunes and removes over a million trees every year to ensure that hazardous trees can't impact power

persky will be replaced by cindy hendrickson. opponents are disaoint reporter: judge aaron rg persky was said to be saddened but not disrespondent about the lopsided results that will remove hit from the superior court bench. >> he put up a good fight. he is going to move on and do whatever he needs to do to continue to take care of his family. >> reporter: judge persky is the first judge to be recalled in california in 86 years a decision sending shock waves through the california legal community. >> if a good judge has lost his job for doing his job, think it's a very sad day for the judiciary in california. >> reporter: persky is a lawyer and could seek employment in private practice or as a prosecutor in the district attorney's office. in palo alto, len ramirez, kpix 5. >>> we will have continuing coverage of the elections on air and online at cbssf.com. >>> so many exciting things happening in the last 24 hours. >> yes. >> my daughter voted for the first time yesterday. >> awww. >> that was kind of fun. >> that's very exciting. it's good that we have cooler air tobey o

>>reporter: about 50 percent of voters voted to recall judge aaron persky. this was prompted by his sentencing of turner two years ago. turner was convicted of sexually assaulting an unconscious woman. first he got a six month sentence for the crime although it was under legal sentencing guidelines critics found it light and outraged. voters agreed voting overwhelmingly to oust him. >>this campaign really drove people to the polls. i think the message coming out of this is if you are an elected official and you do not take violence against women seriously you will hear from women at the polls. >>reporter: the recall effort did have opponents sitting judges came to his defense. >>this is the first time that we can recall in the history of california that they targeted a judge with a stellar record who did nothing wrong, had no track record and made a lawful decision. this is setting a very scary president in california and may be beyond. >>reporter: santa clara county assistant district attorney cindy henderson will replace him . she garnered 70 percent of th

they were the top two finishes in the primary. >>> judge aaron persky out of a job after voters in santarsky drew heavy criticism for sentencing a stanford swimmer to six months in jail for sexual assault. >>> number five, one of our coolest afternoons will be this afternoon. 50s around the coast. mainly 60s for the rest of us. >>> number six, a tough morning on the roads in san jose. this is a live look at 101, the northbound sound really jammed past 880. this is all due to a rollover crash around brokaw road. two middle lanes are blocked. this is the second crash on northbound 101. we're looking at about 50-minute delays. i would definitely take 85 to 87 as an alternate. >>> number seven, the nba f f between the warriors and the cavaliers tonight. >> no one has ever come back from a 3-0 lead. let's see if we can make that happen. >> that is going on. we still don't know who the mayor is in san francisco. that's a big story we'll follow throughout the day. we'll have updates in just 25 minutes. we'll see you then. >> "good morning america" starts right now. thanks for spending your morn

judge aaron persky, first california judge to be recalled in # 6 years.s voted off the bench tuesday after sparking outrage for giving a short jail sentence to brock turner. turner is the former stanford university swimmer who was convicted of sexual assault with the intent to commit rape. john blackstone has more from palo alto. >>> sexual violence and violence against women is a voting issue. >> dawber harnessed anger over persky's sentencing of brock turner. freed from county jail after serving three months of his six month sentence for sexually a fraternity party. her searing statement about the impact of sexual assault was read to turner in court and wi s accept responsibility for every decision i made as a judge. >> reporter: in his only television interview before the recall vote, persky defended the sentence. >> you did have some idea before you passed the sentence it would be a controversial sentence? >> yes. and by my ethical constranlts by the rule of law i had to completely tune that out. >> persky supporters insisted judges should not be held

that is the recall campaign against judge aaron persky that looks like it will pass. was a response to persky's short jail sentence of brock turner, the former stanford swimmer accused of sexually assaulting en an conscious woman. the yes vote was 59%, no vote was 41%. organizers expect to be passed. >> women will never achieve full equality as long as we are subject to the kinds of rape and sexual violence and sexual harassment that we experience. that's why what is happening in society right now, of which this campaign is a part is so important because this part of a movement for full equality for women. >> political science professor david mcewen, thanks for being here. >> thank you for having me here. >> we have a lot to digest. it's been 80 years since a california judge has been pulled off the bench. judges don't like to see anything they do in the courtroom to be political. it's easier to run a recall. this makes judges somewhat nervous. that go to the ballot and change sentencing laws. that involves fights to take years. you can put something on the ballot or

she's been holding that seat for some time. >> it looks like judge aaron persky in -- will be recalledcontroversial sentence that he handed down in the brock turner case, and measure three, the big transportation measure, the bridge toll hike, will pass as well. the bad news is, bridge tolls will be going up. the good news is, infrastructure for transportation will be improved greatly. those of the highlights on a very wild and wide-ranging election night in california. >> our coverage continues tonight, you can monitor results across the bay area and the state at our website. >> also get pushed -- notifications to your phone, we will leave you with some races in the north bay, as we wrap up election 2018. >> thank you for being with us, and thank you for all the hard- working people behind the scenes who have made this night possible. good night. ♪ ♪ legendary jockey vÍctor espinoza is insatiable when it comes to competing. ♪ ♪ so is his horse. ♪ ♪ when it comes to snacking. ♪ ♪ ♪ ♪ that's why he uses the chase mobile app, to pay practically anyone, at any bank. life, lived victor's w

judge aaron persky was overwhelmingly voted to be recall. we have more on the campaign that took them down. >> reporter: this is where it all started almost exactly 2 years ago. the palo alto courthouse where judge persky heard the case of brock turner in the stanford rape case, now judge persky has been recalled in one a lot of victims advocates are calling a major victory. judge aaron persky denied all media requests for interviews on the morning after he was recalled from the bench by santa clara county voters. we are obviously very pleased with the outcome. >> reporter: the stanford law professor who successfully orchestrated the recall campaign called it a victory for women and survivors of sexual assault. >> i think the voters are very clearly saying that they do not support impunity for privileged perpetrators of sexual assault and domestic violence. >> reporter: judge persky was targeted for recall after he sentenced brock turner to 6 months in jail after he assaulted an unconscious woman in 2016. prosecutors were pushing for a longe

the latest you see berkeley poll, aaron persky and john cox led the pack.hey in november. >>> voters in nine bay area cou increase in bridge tolls for transportation infrastructure. they would gradually increase tolls on the seven state owned bridges in the bay area the tolls go up y bridge. dollars over the next sev years. supporters say the money generated will help fund major transportation projects including extensions of the south bay, 300 new train cars, and an ext to downtown san francisco. 70% of the money would go to public transit. tolls on the golden gate bridge are not affected by the measursouth bay, the charge against aaron persky to sway voters. the six month sentence for former swimmer, brought turner convicted of sexually assaulting an unconscious woman sparked worldwide outreach. among those against their recall are a retired judge arguing a recall would set a bad precedent. >> we ask people to think critically, look at the fax. you don't want to democracy based on emotion and dishonesty. you have a successful democracy when you have criti

>>reporter: around 60% of voters voted to recall aaron persky.hat effort was prompted by his sentencing of brock turner in that sexual assault case. he was convicted of sexually assaulting an unconscious woman two years ago. the judge gave him a six-month sentence for the crime, even though it fell under legal sentencing guidelines, critics audit was far too lenient and were outraged. voters apparently agreed, ousting him in a recall vote last night. his chairperson issued a statement saying the voters are the winners. we voted today. the recall effort did have its opponents, some sitting and retired judges came to his defense in the weeks leading up to election day. their concern is that the recall would encourage judges in the future to base their set the sink on public opinion. >> this is unique, the first in the history of california were a judge with a stellar record who made a lawful decision lost his job. that has never happened in the history of california and i hope it never happens again. >>reporter: what happens next? the assistant dis

you see with 59% of the vote to 41% no. >> in the race to replace aaron persky voters have put cindy sealy hendrickson in the lead with 71% over angela storey. that because the decision to recall judge persky has apparently won, if you will. or yes on the recall effort. so now the second part of this question tonight is who should replace him. cindy hendrickson, a good night with 71%. >>> and it was an important measure that is being watched very closely by everyone in the south bay. like you said, across the nation. our david lui is live with the latest. david. >> reporter: ama, truly very historic because this is the first california judge to be removed from the bench in nearly 86 years by voters who apparently think that they agreed with critics who said that judge persky was too lenient in giving out that sentence to brock turner. now, in this area where victims and their supporters demand justice and sentences in line with the crime, voters at least here in santa clara county have said they believe judges need to be held accountable for the decisions that they make. first we hear

the ballots counted, santa clara county voters are supporting the recall of superior court judge aaron persky. 59% of voters approved that recall, 41% opposed. those numbers have held fairly steady since the first results were released. the recall effort was sparked by a decision that judge persky made in 2016. he sentenced former stanford swimmer, brock turner, to six months in jail after being convicted of sexually assaulting an unconscious woman. persky said he listened to the recommendation of the probation department and followed legal guidelines in making that decision. stanford law professor michele dauber and others argue that sentence was tooling it. they also say it reflected persky's biases against victims of sex crimes and toward wealth -- while the defendants. >> women are never going to achieve full equality as long as we are subjected to the rates of sexual violence and sexual harassment we experience. that is why what is happening in society right now, of which is campaign is a part, is so important. it is part of a movement for full equality for women. >> voters will also ask

aaron persky on off -- the fourth judge in california history to be recalled by voters and the first in some 86years. voters supported the recall by a margin of 60-40, rejecting persky's on plea when he said he followed the law when ntence6 weekin jail for sexu assault. >> people who voted for the recall thought they were voting for the best reasons when actually it had been turned into a referendum on sexual assault. instead of a careful examination of the record of the judge. warrants, restraining orders and other judcial matters. once the recall vote and election of replacement judge cindy hendrickson are >> persky will remain as a night judge for now handling requests for warrants, and other judicial matters. once the recall vote and election replacement, judge cindy hendrickson, are certified and hendrickson is sworn in, aaron persky will be removed from office . >>> we have a new dramatic rescue video to show you from the first night of the wildfire that tore through neighborhoods around santa rosa. six bus drivers turned into heroes that night, driving around rescuing people tr

one of the most watched decisions tonight is the recall election of santa clara county judge aaron perskyhether to remove judge persky from office-- after he handed down a short jail sentence for stanford swimmer brock turner-- who was convicted of sexually assaulting an unconscious woman. (pam) kron 4's rob fladeboe is live at the santa clara county registrar's office tonight. and he has been closely following that recall effort. rob? (rob live) im here at the santa clara county registrar's office in san jose.it's a beehive of activity as ballots are arriving from all across the county for processing. people are also coming here to vote. let's take a look at a handfull of the most-watched contests to be decided tonight here in the south bay. among the most-watched contests on the ballot in santa clara county are two seats on the city council. voters will choose a successor to out going councilman don rocha in district 9 while councilman tam nguyen is running for another term in district 7. on the county side, seven contenders are vying for the seat held by termed-out supervisor ken yeage

and john cox when it comes to november. >> so much debate about whether or not to recall judge aaron perskyta clara county. we'll show you those numbers. right now overwhelmingly yes. santa clara county voters are favoring to recall judge persky. >> will you have to pay more to go over the bridges in the nine bay area counties? right now, with 53% of the precincts in, 55% of the vote is yes. but, ain, we'll have to wait until the votes are all counted, larry, over the next couple of days. there may be a few days bore we actually know all of these relts. >> yes, especially the statewide results and also san francisco mayor's race, absolutely because of the way that they run that race. but when you have so many voters in the state, it takes a while and you want to bethorough. >> two biggest points as we leave this election night that you take away here. >> republicans aren't dead in california. no, no, no. democrats might say so but, look, you add up travis allen and john cox, they've got 40% of the vote. that says an awful lot. the second thing is laurie smith going into a runoff. this is he

in san francisco haaziq madyun in santa clara county voters have recalled superior court judge aaron perskymonth sentence persky gave to former stanford swimmer brock turner, who was convicted of sexual assault. persky is onlythe 4th judge to be recalled in state history and the first in 85 years. voters approved the recall 60 to 40 percent. in san jose rob fladeboe kron 4 news in san 4 newsfladeboe kron 4 news4 news in san francisco...anoin san 4 news4 news in san francisco...another death investigation is underway here at the campus of sf general, the second in less than a week.the city's deptment of public health says the death of a female patient here was unexpected but no evidence of foul play was uncovered in the woman's autospy....but her cause of death is still undetermined. but it's been reported that the woman died while in a bed in the hallway of the hospital's psychiatric ward. and that the dead woman had been here on a involuntary 72 hour hold.last wedneday the body of resident from a board and care facility was discovered in the stairwell of the hospital's power plant, 10 days

. >> was a bay area race that made national headlines, judge aaron persky's the bench. >> reporter: judgerofessor who successfully orchestrated the recall campaign called it a victory for women and visors -- and survivors of sexual assault. >> women are clearly saying they don't support impunity for privileged perpetrators, -- of sexual assault and domestic violence. >> reporter: and he sentence brock turner to 6 months in county jail after being coicted unconscious woman outside of stanford. >> sexual violence has to be taken seriously. >> he was following the rule of law. >> reporter: after nearly 2 years of silence, judge persky finally spoke out, calling the sentencing lawful. it was too little too late. to make it is very scary because it's a big threat to judicial independence. >> reporter: he did something lawful and he was targeted for recall because he issued a decision that was unpopular. >> reporter: there's no word on what aaron persky will do next. he is still a licensed lawyer so he's free to practice law in private practice or as a prosecutor with the county. in palo alto,

judge aaron persky is only the 4th judge in california history to berecalled by voters and the firstta clara university law professor "....it's extremely unusual.....santa clara university law professor margeret russell says voters were mislead.margaret russell "....people who voted for the recall thought they were voting for the best ofreasons, it was a referendum on sexual assault instead of a careful examination of a judge's record..."rejecting persky's own plea that he followed the law when he sentenced brock turner to six months in jail for sexual assault,voters supported the recall by a margin of 60 to 40. margaret russell says voters sent a strong message.margaret russell "..they're getting a message on the back end that if they do somethingwrong they better watch out..."persky will remain in his position as a "night judge," for now, handling requests for warrants, restraining orders and other judcial matters. once the recall vote and election of replacement judge cindy hendrickson are certified and hendrickson is sworn in persky will be removed from office. margaret russell "

voters have recalled judge aaron persky. judge persky was targeted back in 2016...fter he sentenced former stanford brock turner to six months in jail for sexually assaulting a young woman outside a fraternity house on campus. prosecutors had argued for a 7-year prison sentence. critics say the sentence was too lenient. persky argued he was following the law when he issued the sentence. ( james ) regional measure 3... which will raise tolls on most bay bridges... has passed. here is a look at the numbers... the tolls would increase by 3-dollars gradually... between 2019 and 2025. the money would pay for about 3 dozen transportation and public transit improvements. ( james ) voters in san francisco have approved a ban on flavored-tobacco. here is a look at the numbers... supportes of the ban say flavored tobacco is specifically marketed towards kids. but opponents are worried this ban will hurt businesses. ( james )our election coverage continues at kron-4 dot com. there you can monitor results from the races across the bay area and the state. also get push alerts on

with nearly two thirds counted, voters are supporting the recall of aaron persky. 59% of voters approved recalling the judge. 41% oppose. those numbers have fairly steady . unless there's a big change in the results, persky will be thfit fornia judge recalled since that wadecision made in 2016. he is sentenced brock turner to six months injailafter being convicted of sexually assaulting an unconscious woman he said he followed legal guidelines making his decision but stanford law professor and many others said the sentence was too t. they said it reflted victims of sex crimes and toward wealthy defendants. >> women are never going to achieve full equality that's why what is happening in society right now, of which this campaign is so t is this is part of a movement for full equality for women. >> now, the assistant district attorney won the election. however, more, just to remind you that on the bottom your screen we have some of the were asked to decide who rning. should replace persky. the latest tally shows cindy hendrickson getting support from 70% of the voters and she will serve wi

not to the south bay, fighters appear poised to recall aaron persky, the short sentence for brock turner who was convicted of sexually assaulting an unconscious woman sparked worldwide outrage. voters say yes he needs to be removed, 59% to the no vote one you -- 41%. voters in all counties appear to be ready to pass regional measure three which increases bridge tollsin exchange for four and half billion dollars in transportation funding. regional measure three looks likeno buts 55%, yes votes 45%. >> our team coverage begins with california primary for governor, we are in the newsroom tracking john cox and newsom now who walked up to the podium at his headquarters. >> faith, love, devotion, her sense of purpose and mission. thank you for everything. toght the votes as you all know are still being counted. and the fight is far from won. this is the first half of the election calendar but thanks to you, the halftime score is looking very promising and the home team is winning. i am humbled, humbled by the overwhelming engagement of californians that have united around our message of audaci

finally, a% say the recall effort against judge aaron persky. let us know what you think and vote on the ktvu twitter page and comment on our ktvu facebook page. >>> this morning, we are talking about former 49ers star dwight clark. he died 15 months after announcing his battle with what is commonly known as lou gehrig's disease. his wife, kelly, made the announcement on her husband's official twitter page. kelly clark wrote quote, i am heartbroken to tell you that today i lost my best friend and husband. he passed peacefully surrounded by many of the people he loved most. i am thankful for all of dwight's teams, teammate and 49er fans who sent him love during his battle of als. als is a neurodegenerative disease that's -- that does not change the mind of the patient, but takes away the ability to move, speak, swallow and finally breathe. the trustee of the ala sociy, her husband charlie lived years after he was diagnosed with the disease. he received emotional support from friends and several of the san francisco 49ers, including dwight clark.

if south bay judge aaron persky ... should be recalled.fgren about hethoughts ... and other hot button issues on election day. (ken) and a tribule to a mountain climber who died on el capitan. what the victim's wife wants people to know about him. (pam) new tonight at 6. the wife of a rock climber killed at el capitan in yosemite national park on saturday ... is honoring her husband's legacy as an educator, father, and friend. family, friends, and students also paid their respects to tim kleintoday.... in a service at palmdale high school . john fenoglio reports. jennifer klein/wife:"i would say this is the hardest thing anyone ever have to endure except for maybe that of losing a parent like my boys." jennifer klein is leaning on faith and family as she mourns the loss of her husband of 17 years. jennifer klein/wife: "tim was an amazing dad. so, it's goi to be a challenge, i know. but i trust that god is good today, just like he was yesterday, just like he will be tomorrow."42-year-old tim klein and close friend 46-year-old jason wells --

. >>> the judge under fire for the is out of a job.ce he impnbrockt judge aaron persky's fortunatelyould have a chilling effect on other judges making difficult decisions. abc 7 news reporter experts abo the impact. >> reporter: by removing judge aaron persky from the befrm voters made it clear the six-month sentence given to brock turner for sexual assault was not acceptable. michelle daubert indicated vote something a potent tool to advocate for victims of sexual assault and violence. >> this campaign and this election will have no impact on judicial independence. judge persky is an elected official and there is no such thing as an elected official who is independent of the vote zbreers like her margaret russ sell a law professor however opposed to the reca.s outff jud peky s w worri about politicizing the jshdary. >> that political movement that seeks to stack the jshdary by recalling people making unpopular opinions is bad whether on the left or right. that's not what a free set is with. >> while the recall might have been interpretered as a way to balance the scale of justice ee

it's a push to try to remove santa clara county judge aaron persky from the bench. >> this is the judgeehind the controversial six-month sentence given to sanford swimmer brock turner for a rape conviction. >> reporter: i'm here at the courthouse in palo alto, we will know whether judge aaron persky will be returning to the bench, or whether he will be recalled and have to find a new livelihood. right now, the polls have just closed, but we do have preliminary results, with 17% of the precincts, the recall is leading by 60 to 40. that's 59 to 40%. it's been quite a campaign over the last couple of weeks. this is footage from the for and against recall. persky is in the hot seat right now for his 2016 sentencing of former athlete brock turner. turner was convicted of sexually assaulting an unconscious, intoxicated woman in 2015. prosecutors after the conviction wanted a stiffer sentence. they wanted turner to go to state prison, but persky was following a promotion report, and decided -- probation report, and sentenced turner to six months in jail, and he only served three months. this c

judge aaron persky who presided over cases here in palo alto is now off the bench. voters by a margin of 70% ele electelec elected cindy henderson to replace him. judge persky scene last week at the rally to save his job has been heavily criticized over the past couple of years for sentencing of stanford swimmer convicted of sexual assault of a woman on campus to just six months in jail. brock turner was his name as you're familiar with. he was released after serving three months for good behavior. persky's defenders believe his recall will threaten judicial independence if judges are now having to worry about how the public perceives their sentencing decisions. here's one of persky's supporters. >> i'm emboldened and thankful to the 40% or more who said this recall is wrong. it's a threat to judicial independence and i'm glad they got it. i'm asking them to continue to stand up and speak up about judicial independence. this is not going away. the message from the recall is you can do your job as a judge and do everything lawful, all be it unpopular and lose your job

at 6:30 details on the recalled embattled south bay judge aaron persky and the latest on regional measure 3 for a toll hike on bay area bridges and measure e, san francisco's banff flavored tobacco products. >>> now to some developing news that we're following. comcast says a widespread outage is affecting its land line phone service. from the website down detector you can see outages in california, the pacific northwest, the northeast and florida. no word when service will be fully restored. comcast said on twitter saying that it is working to try to resolve this problem. >>> emergency officials are recommending that comcast customers with an emergency call 911 from a cell phone. >>> a speeding car went out of control in oakland landed on top of a carport. police say the driver then attacked first responders at the scene. the nissan was speeding southbound on golf links road when it turned up a private driveway and launched off the end of the drive landing on the carport. witnesses say the driver got out and tried to walk away. paramedics arrived to start treating him on the street but p

. >> from recalling judge aaron persky to the latest in the governor's race, it's your voice, your votell for you as the polls open in 90 minutes. >>> the question everybody is asking this morning on election day, how is that weather? it looks gorgeous. >> yeah, it does, doesn't it? >> good morning, tuesday, june 5th, election day. >> a lot of people on social media, at least on my page, vote for cooler weather. >> there you go. >> you already won. do vote anyway. we're on sunrise alert. look at the color. stop, look up and enjoy. it's harder around san francisco as you see the marine layer on sutro tower. let's look. you see the breeze blowing at the coast 26 miles an hour in fairfield, a little cover, the gray you see. tomorrow a better chance of drizzle. accuweather 12 hour day planner starting off mid-50s at 7:00, staying in the mid to upper 50s at the coast. a little cool outside at lunch, 67 to 7, very comfortable afternoon. grab a jacket this evening 50s and low 60s. hey, alexis. >> hi, mike. roadwork slowing us down in a couple areas. sunol, southbound 680 several miles of heavy

and explains what is next in the recall of judge aaron persky.udge aaron persky is only the 4th judge in california history to berecalled by voters and the first in 86 years. margaret russell/santa clara university law professor "....it's extremely unusual.....santa clara university law professor margeret russell says voters were mislead.margaret russell "....people who voted for the recall thought they were voting for the best ofreasons, it was a referendum on sexual assault instead of a careful examination of a judge's record..."rejecting persky's own plea that he followed the law when he sentenced brock turner to six months in jail for sexual assault,voters supported the recall by a margin of 60 to 40. margaret russell says voters sent a strong message.margaret russell "..they're getting a message on the back end that if they do somethingwrong they better watch out..."persky will remain in his position as a "night judge," for now, handling requests for warrants, restraining orders and other judcial matters. once the recall vote and election of

they'll be deciding whether to withdrawal superior courtudge aaron persky and weigh in on regional measure 3 to increase tolls on the seven state owned bridges to raise money for transportation projects aimed at reducing congestion. if approved by 2025, you'll pay 8 to c mostridges in the bay area. voters we a lot of cramming on the issues during the next few da. >> which is why candidates like taking breaks as they try to connect and convince voters to prove them. marianne favro, nbc bay area news. > you can wit "today in the bay" for continuing election coverage. we'll have that for you both on air and online tomorrow but we also have anything you need to know on our website, also a special one-hour newscast at 11:00 tomorrow night. if you want to read up on all of the big races ahead of time, go to nbcbayarea.com. we have a special election section. >> a violent weekend at the el cerrito b.a.r.t. station. one is in custody and another still in the hospital after that stabbing. this happened saturday nht a 50-year-old carl johnson stabbed another man in the stomach. it's not clear what l

at villa and castro streets, actists opposed to theecl effort againstudge aaron persky are pounding pavement, pressing palms, and trying to incritically and look at g peop the tax. yowant a democracy based on motion -- emotion. you have a successful democracy with critical thinking. >> those on the othe are ment they recallg the judge is sending a message to other judges and to the general public. >> the message of this campaign is that we need judges who understand sexual harassment, domestic abuse etc. . that has resonated with the voters of this county. >> if the recall is successful, the judge would be the fourth judge in california history to be voted out before his term expires. stay with ktvu and ktvu plus for live coverage . ktvu plus coverage starts at 7 pm on ktvu . on ktvu fox and again tomorrow morning some d be tit. still ahead, the majority of voters seem ready to tax the area giants. and when the cupertino city council will put the tax on the ballot.>>> a decision one gay couple is not happy about the supreme court ruling involving their wedding cake. >>> good morning. traffic

this isjudge aaron persky.versity rape case back in 2016, and was widely criticised at the time for leniency towards the defendant. now he's been removed from office by voters after this petition to remove him got 1.3 million supporters. just to remind you, in 2016 swipe brock turner was found guilty of sexually assaulting a woman behind a rubbish bin after a party on campus. he was found guilty of three felony charges and faced up to 1a years in prison. butjudge persky expressed concern about the impact prison would have on him and gave him a six—month sentence. the victim, who remains anonymous, provided a moving impact statement addressing turner directly. in one part she said, "the fact that brock was an athlete at a private university should not be seen as an entitlement to leniency." peter bowes is in los angeles. thejudge had the judge had another four years to serve in his current term in office. but because of the system in california we are as you say county judges are elected, there is a mechanism to

in santa clara county, voters this month recalled judge arras -- judge aaron persky for his lenient convictiona standards women -- swimmer for sexual assault. >> it's reality and there's people out there that need help. >> reporter: she was killed by her ex-boyfriend in 2015. she and others are hoping to change the culture one step at a time. >> there's a lot of people here hurting. this is, you know, this is the healing field. it's what i call it. it's a great place to come together. with people that are like- minded but also who suffer as well. >> azenith smith, ktvu fox 2 news. >>> 4:46. and we are going to check in with sal to see how the commute is going to's morning. >> i kind of like how about -- >> you know, i will check my schedule. i can make that happen. >> we like thanks, sal. >> steve might be chuckling over there somewhere. westbound 580 as you drive through, there's been no major issues. however, it is low. the good thing is construction that was there this morning wasn't -- didn't last longer than -- it didn't last until 5. sometimes when it lasts until 5, we have these huge ba

. >>> in santa clara, voters will decide whether or not to recall judge aaron persky. his short jail sentence for a man charged with raping a woman sparked worldwide outrage. the ballot also included a choice between two candidates, one who would replace him if he's recalled. >>> voters in all nine bay area counties are asked to improve an increase in bridge tolls in exchange for major spending on transportation. as ktvu e plains, the -- explains, the aim is to bring big improvements to the bay area commute. >> reporter: bumper to bumper traffic, crowded trains and buses and frustration getting where you need to go. regional measure 3 aims to alleviate the problem by generating $4.5 billion over the next 25 years. the money would help fund more than two dozen transportation projects, including a bart extension to the south bay, 300 new bart train cars, and train francisco. it would also increase ferry service with more frequent trips between san francisco and oakland and expand service to san francisco's mission bay, berkeley and redwood city. redwood city. also it wou

in santa chara, voters will decide whether to recall george aaron persky. -- recall judge aaron perskye ballot includes a choice between two candidates to replace persky if he is recalled. >>> voters in santa clara will decide on who will be sheriff. laura smith is running for an unpresented sixth term. also running for sheriff deputy sheriff joe loginet and jose sal side do. >>> -- salcido. >>> a terrible crash. what happened after a driver drove the wrong way on the freeway. >>> two down and two more to go. the latest from the warriors. >>> we have traffic that is busier on one particular freeway, 80. but we have slowing in san francisco. i will tell you what is happening there. happening there. ithe race for governort. has turned into a scam. gavin newsom's trying to elect a republican who was endorsed by trump. and villaraigosa's being bankrolled by a handful of billionaires. it's everything that's wrong with politics. and none of it is helping struggling families. here's my pledge to you. i'll keep our budget balanced. invest in affordable housing. fight for universal healthcare.

voters in santa clara county are heading to the polls to decide whether to recall judge aaron persky.ntenced swimmer brock turner to just 6 months in jail after being convicted of sexual assault. persky says he was only following the law when he issued the sentence. <><><><> persky's supporters are telling voters that recalling a sitting judge threatens judicial independence. ( darya ) a proposed measure in san mateo county would provide affordable housing for teachers. ( james ) measure j is on the ballot in san mateo county. in order to pass... it requires a 55-percent super majority vote. the president of the board of trustees says the jefferson union high school district is the lowest paying in the county.( darya ) a recent survey showed 20-percent of their staff say they will have to move in the next five years because of the cost of living. if measure j passes... the housing will be built in daly city at the former parking lot at serramonte high school. educators will be able to live in the units for up to 7 to 10 years. ( darya ) also in san francisco... there is meassure "e" w

that judge is aaron persky. he sparked nationwide outrage after sentencing former stanford student brock turner to six months in jail for the sexual assault of an unconscious woman. that followed the recommendation. prosecutorsme menmen wanted six. they'll decide whether the term is cut short by four years. >>> we'll decide on ballot measures today including regional measure 3. now, that would increase tolls at almost all bay area bridges by $3 over the next seven years. it includes the bay bridge. it does not include the golden gate bridge. the 4.5 billion dollar measure funds 35 projects with the goal of reducing traffic by increasing ferry service, improving bus systems, and replacing bart trains. other measures are proposition 69, state initiative ensuring new transportation revenue is spent only on transportation projects. this is a companion measure to the 12 cent a gallon gas tax approved last year. in san francisco, proposition e bans sale of flavored tobacco products and nicotine products. >>> complete

one of the most controversial issues, recalling judge aaron persky after he sentenced former stanford swimmer brock turner to six months in county jail for sexually assaulting an unconscious woman. people behind the recall say the judge was too lenient. persky says he followed the law. voters will also choose between two candidates to replace persky today. voters will decide whether to i raise tolls on our bridges, regional measure three. if it passeay brie tol would eventually go up to $9. quts tod"today in the bay's" chd breaks down the measure this morning. >> reporter: you can blame it on the economy. bay area commute traffic is awful. those in favor of regional measure three believe the toll increase will make it better. >> regional measure three represents 35 specific traffic relief and transit improvements throughout the nine county bay area. >> if it passes, that means more money towards adowntown san jos and santa clara. a south bay extension and rail cars and rebuilt freeway interchanges and new connections. passing out flyers telling potential vo w they should vote yes on m

tolls appear to be going up and aaron persky is out. much more primary coverage is on the way. we'll leave you with more local results. than doubles your chance of escape in case of a fire. smoke alarms can provide an early warning if you follow these 3 steps. repalce your smoke alarms every 10 years. if they're old an discolored it's time to replace them. check your batteries regularly. a great time to change them is every spring and fall when you change your clocks. and lastly, check your alarms weekly. replace. change. test. because early warnings help to save lives. >>> election night plot twist. mark leno waking up with the lead in san francisco's mayoral race after london breed was the front-runner all night long. >> the tides turned just after midnight because of rank choice voting. we'll explain all that. >> we have breaking news coming in from the south bay where a car has slammed into the back of a fire truck. you can see there, a terrible, nasty looking crash. we have a reporter there. matt keller is on the scene. we'll check in with him in a few moments. >> we'll ta

against judge aaron persky. persky's short jail sentence for swimmer brock turner convicted of sexual assault the -- sparked worldwide outrage. following the rule of law but if the recall is successful, persky would be only the fourth judge in the state history to be voted out before his term expires. the ballot also includes a choice between two candidates, one of whom replaced persky -- replaces persky if he is recalled. in san francisco, voters are being asked to affirm or reject a ban on flavored tobacco products. passed by the board of supervisors last year. proposition e was outlawed -- what outlawed the flavored tobacco products including menthol cigarettes, candy flavored chewing tobacco, and flavored vaping liquid. the goal is to prevent the market of -- marketing of flavored tobacco products to children. opponents point ouproduct to 21 >> when you impose a ban on adults, you create more problems than you solve. >> reporter: r.j. reynolds is fighting hard to defeat proposition e, pouring more than $12 mi

. >>> and californians also voted to recall judge aaron persky. he was the judge who famously gave a light sentence to former stanford student brock turner after his conviction for sexual assault. >>> new reaction after the dead of fashion designer kate spade sent shockwaves through the fashion world and beyond. just overnight her brother-in-law, actor and comedian david spade broke his silence on instagram. he shared this picture of the two of them with the caption i still can't believe it. her sister, rita sappho says spade was surrounded by what she calls too many yes people and did not receive treatment for what she believed to be bipolar disorder. as police continue their igatn,teosk gives us the tragic details. >> reporter: a fashion icon who designed a beloved bag for a generation is gone. >> i have ten kate spade bags. >> reporter: the body of the year-old designer was discovered by her hse keeper in her manhattan home. >> it appears at this point in time to be a tragic case apparent suicide, but it is early in the investigation. there at