. >> reporter: amy pinto-walsh stretted out of court with a smile on her face -- strutted out of the court with a smile on her face. >> we were pleased that the judge will keep the matter in probate. we think this is the right place for it. >>> the wife of 30 years wants to settle the matter out of the public eye. >> strong lady. and she just wants to enforce what tom wanted. >> reporter: amy pinto-walsh provided the court with these notes she claims were written by thomas kinkade. they say he wants to give her his two homes and $10 million to establish a museum of his paintings. >> he was in a state where he couldn't understand what he was doing. it is chicken scratch. >> reporter: amy pinto-walsh's attorney claims the home is in default and they are concerned his assets would be liquidates. amy pinto-walsh hasn't spoken only about the case. >> we are confident that we are going to set aside the agreements but till that happens amy pinto-walsh will not talk. >> reporter: at this gallery, managers say fans of thomas thomas thomas kinkade's work are wondering if a museum will be estab

the wills were up to date when the 54 year-old artist died in april but amy pinto walsh has submittedo handwritten documents that she claims kincaid wrote bequeathing his mansion and $10 million to her. she found kincaid's body in his home in april after accidently overdosing on alcohol and valium. it was the end of several problems the artist's face in his final years. one of his companies sought chapter 11 bankruptcy the year he. he was arrested for driving under the influence in carmel. his wife has asked that the proceedings in court be held behind closed doors. we don't know if that will be the case. we should also tell you that pinto walsh says she and thomas kincaid were in love and they were planning their wedding although his wife has accused into walls of being a gold digger. >> the search for suspects in a mysterious shooting in oakland. investigators say man was shot yesterday afternoon near mission boulevard and cooley drive. officers found his body on some kissed drive. so far, no arrests and no motive. >> the man was hurt in a drive- by shooting in the tenderloin. the g

. >> he was separated from his wife and living with amy pinto walsh. she has submitted handwritten notes that she says prove the artist left her $10 million and his mansion. kincaid's widow disputes the claim and said she is asking for control of the estate. investigators say fire at pea size high school was intentionally set. fire crews were called the independent high-school. flames had burned the door of a theater building and then spread to the roof. investigators say there is no major damage to the interior of the building. >> some firefighters are back on duty in vallejo. they will reopen one of its stations thanks to a two-year fema grant. station 25 will reopen with 10 new recruits. it will be up to the city to pick up the cost of the firefighters in two years. response times could more than double in east contra costa county. the fire stations cut to their stations and cut staff. 43 firefighters are being laid off. >> when engines are not available to respond or the response from long distance, time is then your enemy and it puts you in a posi

amy pinto won her bid to keep the case in open court.into says she has handwritten notes indicating that the famous painter wanted to leave his home and studio to her. at the time of his death, kinkade was separated from his wife of 30 years. she is fighting for full control of the estate and wants to settle the matter privately. >>> tmz is now reporting differences over child raising may have been a key factor behind katie holmes' decision to divorce tom cruise. cruise wanted to send s, ri to a controversial scientology training center. >>> in a letter to clayton city manager, the police chief is retiring november 30. he said he wanted to step down after celebrating 40 years as a police officer. there's no word yet on a replacement. >>> for the first time, bay area researchers today predicted a widespread cure for aids. our health and science editor john fowler explains how new science has changed the future of aids and how money could make all the difference. >> reporter: scientists today said despite an unchanged 50,000 new infections

amy pinto-walsh came out of court today smiling. the judge denied a case by thomas thomas kinkade's wife to send it into private arbitration. thomas kinkade died earlier this year. >>> a big announcement today, the government is opening a new patent office in silicon valley. they celebrated the opening. california submits one quarter of all patent applications and half are from silicon valley. >> having an office in silicon valley will allow the examiners to become part of the valley itself and to understand the technology issues the they i think you can on the east coast. >> the new office is one of the first satellite offices in the country. new offices are also opening in denver and dallas. >>> helicopters are getting heat from federal agency. the incident that led to a court case. >> plus criticism over a bill that could recognize having more patient. >> day time highs are on the rise. we will look at the numbers for tomorrow and into the holiday coming up. >>> new at 6:00, a film shoot over a san francisco land mark is causing

amy pinto says she and indicated were deeply in love and planned to get married. nanette kincade has called pinto a gold digger, she is legally separated from thomas kincade, they were married for 28 years. today the two women will take their dispute to court. a judge is expected to decide who will be chosen to administer the paymenter's estate. amy hollyfield, abc7 news. -- >>> this morning, mexico's former ruling party is claiming victory in the nation's presidential election. after being on the sidelines the past 12 years. the latest results given reek kay nieto -- give enrique nieto 40% of the vote. [ unintelligible ] >> everybody knows that -- [ unintelligible ] new labor laws have to be put on the books. >> others think nieto is good for the u.s. and will improve cooperation. seen by older mexicans as a person who can bring about badly needed stability and reforms. >>> oakland police investigating a homicide near the oakland hills. officers responded 5:30 yesterday and found a man in his 20s inside his car. the man was shot a mile away. he managed to drive.

. >> reporter: the handwritten will has landed kincade's widow in court against amy pinto, kincade's girlfriend fighting for 10 million dollars and kincade's home and studio which she says he left for her. the validity of that handwritten note wasn't decided today but the judge did deny kincade's widow's request that the matter be moved to private arbitration. >> obviously, we are pleased that the judge is going to keep this matter in the probate court. we think it is the right place not only for miss pinto but also for the public interests. >> reporter: pinto can't comment because of a confidentiality order. she was in court today. nanette kincade was no >> there's no requirement she be here. number two, she wants to keep things as private as she can for herself, her family, her girls and that's what tom wanted. >> reporter: there's concern if the girlfriend that kincade's home and -- studio could be headed for default the judge thinks the property will be fine until they all come back to court again in august. the girlfriend says kincade's wish was for her to take that money and bu

. >> reporter: the handwritten will has landed kincade's widow in court against amy pinto, kincade's girlfriend fighting for 10 million dollars and kincade's home and studio which she says he left for her. the validity of that handwritten note wasn't decided today but the judge did deny kincade's widow's request that the matter be moved to private arbitration. >> obviously, we are pleased that the judge is going to keep this matter in the probate court. we think it is the right place not only for miss pinto but also for the public interests. >> reporter: pinto can't comment because of a confidentiality order. she was in court today. nanette kincade was no >> there's no requirement she be here. number two, she wants to keep things as private as she can for herself, her family, her girls and that's what tom wanted. >> reporter: there's concern if the girlfriend that kincade's home and -- studio could be headed for default the judge thinks the property will be fine until they all come back to court again in august. the girlfriend says kincade's wish was for her to take that money and bu

a judge aloud a request from his girlfriend amy pinto-walsh who claims to have a hand written will. and his widow annette kincaid wanted proceedings confidential. she disputes the authenticity of the will. >> that is is that he was in a state where he couldn't understand what he was doing. >> we're pleased the judge is going keep this in probate court. we think it's the right place for it. >> he had been separated from his wife when he died from an accidental overdose in april. >> and state fish and game department is hunting tonight for a mountain lion attacking a mountain in marin county hiker over the weekend. the lion mauled a 63-year-old in a sleeping bag. the man suffered strachs but was able to drive himself to the hospital. and investigators found mountain lion tracks and a dead house cat near the area. >> there is a deadly accident taking the live of a north bay teenager. the truck he was in was hit head on on sonoma county lakeville highway. one man is under arrest after turning himself in 10 hours later. abc 7 us? live from the detention center tonight. that suspect is be

amy pinto wants the dispute heard publicly. she produced two notes that were handwritten by kincade. the judge ruled the case will remain open to the public. kincade's widow wanted to keep the matter private. they were already separated when he died in april of an accidental overdose of alcohol and valium. >>> once the officers pulled over a car for a traffic violation, the driver of the car on saturday night, they learned one of the men was on probation with a search clause giving investigators automatic permission to search the car. officers fousaid they found thr guns. >>> the east oakland boxing association was ripped off again. on saturday night, thieves were caught on surveillance cameras breaking in and taking a new computer and printer. this is the fourth time since early june. >>> while alvin smith recovers from stab wounds, police are still trying to identify a suspect in that case. he suffered a minor wound that morning. smith was apparently trying to break up a fight when things turned violent. a 911 caller also rep

amy pinto claims she and thomas kincade were deeply in love and they planned to get married and that he left her millions of dollars and property. she found kincade's body, he died in april after taking too much valium and drinking alcohol. his wife of nearly 30 years wants full control of the estate. she and kincade were legally separated the last two years. she has called pinto a gold-digger. pinto says, she has a handwritten will that gives her kincade's home and studio and 10 million dollars, with instructions to create aiken cade museum. the ill will between the women runs deep pinto was not even invited to kincade's memorial service or his burial. she says she believes she has an obligation to kincade and his fans. she was told to establish a museum that was an important part of his life, important to him and she intends to see his wishes carried out. today the judge is expected to decide who will be in charge of this estate, which is estimated to be worth about 60 million dollars. amy hollyfield, abc7 news. >>> in san jose, closing arguments expected today in the case of a man