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the prosecutor talked to us afterwards and says the brother, anh, will be charged with the murder. was there any sort of april tempt by these brothers -- attempt by these brothers to mislead investigators? >> what i can tell you about that, they were initially both arrested and booked on murder charges. the investigation has been ongoing and the police detectives have been interviewing witnesses since then. >> reporter: again, anh is in custody. the tong family and friends were at the hearing but declined to comment on the new developments. coming up at 5:00, what led to the new twist and we'll cover ongoing developments at ktvu.com. live in san jose, robert handa, ktvu channel 2 news. >> thank you, robert. >>> well, we've had a nice, sunny start to the day. this is a live look towards mt. diablo but the dry weather won't last for long. much-needed rain clouds get ready to move over the bay area. mark tamayo is here with rain the rain will arrive and how much we can expect. >> this was a pattern change we've been waiting for quite sometime. now, in terms of this afternoon, the chan

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developments this noontime in a case involving twins arrested in a deadly stabbing in san jose. 18-year-old anh tong appeared in court this morning. he's expected to enter a plea on the murder charge later this month. prosecutors had initially charged his twin brother, duc tong, in a homicide. he's now charged with accessory after the fact. the twins were arrested following the stabbing death of 22-year-old san jose state student richard phen at a birthday party on january 26th. >>> new details now on the ongoing case of former stanford star jonathan martin and richie incognito. a lawyer hired by the nfl released his report today on the situation. he concluded that martin was the target of a pattern of racial and homophobic slurs and improper touching by richie and two other players as well as an assistant trainer. but the behavior was not designed to drive martin from the team. the team owner said he will review the report before he responds. >>> uc berkeley is working to get 300 doses of the measles vaccine after one of its students tested positive for the highly contagious respiratory diseas

today in court anh tong accused him. that happened at a neighborhood house party.tigators say new information came to light in the past few days that required them to re-evaluate. the new complaint is sealed. no information on what the new evidence is. san francisco police arrested 71-year-old jenny ching for hitting and killing a man crossing the street. she's charged with misdemeanor vehicular manslaughter and failing to yield. the crash happened yesterday around 11:00 in the morning. the man was crossing a busy street when the toyota corolla hit him and the man went through the windshield. >> one of the nation's major pharmacy chains is kicking the habit announcing that by october 1st it will no longer sell any tobacco products. the first chain in the nation to do so. the company estimates it could lose up to $2 billion in sales but cvs is hoping the move will help establish it as more of a health care provider and this may push other pharmacy chains to do the same. >> several decades of history will change tonight for vallejo high school. school board members a

tonight, prosecutors plan to charge his brother anh tong instead. but it won't be easy to prove which brother did it. >> we had problems with dna because they have the same dna and you also have significant problems with identification because people are going to say -- point at each one of these people but they have no racial distinctions. >> he will be pack in court to be arraigned on the new murder charge. his brother will be charged as an accessory. >>> california's newest prison is not accepting any new inmates. wait until you hear why. inspectors found unsanitary conditions and a lock of basic supplies like towels, soap and adult diapers at the big new medical prison facility in stockton. there was a scabies outbreak. the department of corrections says it's working on a fix. >> the things are under cbcr, like supply chain issues. we've sent an expert team to the facility to fix the bugses and we're also -- bugs and we're taking a look at staff. >>> napa county's child protective services tried to clear the air surrounding the slusher case. it

anh is expected to appear before a judge later this week. >> just answer the kron 4 news.plications for u.s. unemployment benefits have dropped for u.s. unemployment benefits have dropped 331,000. this is in a sign sleep train's presidents' day sale is on now. save up to $500 on beautyrest and posturepedic. get a sealy queen set for just $399. even get 3 years interest-free financing on tempur-pedic. plus, free delivery, set-up, and removal of your old set. keep more presidents in your wallet. sleep train's presidents' day sale is on now. superior service, best selection, lowest price, guaranteed. ♪ sleep train ♪ your ticket to a better night's sleep ♪ dear future olympian, one day you will be standing on and here's exactly how you'll get there. you'll work hard and you'll fall hard. you'll lose sometimes when you really should have won. you'll win sometimes when no one thought you had a shot. and you'll never, ever stop. we know this. because you're one of us. at citi, we believe in everyone's potential, which is why citi and evan are giving back to community sports progr

and it's reminding women that heart disease is the number one killer and it's preventative and anhing happening to us and no matter what age, if you're young, old, you can prevent it by eating healthy, exercise. it is good for us women to support that. and this necklace i'm wearing is hearts on fire made specifically for the fashion show. >> are you going to be playing your music or modelling? >> modeling. >> modeling? all right. >> i would like to hear a little something something. >> will you sing with me? >> sure. >> get a little cold, i don't want to spoil your number. >> colds makes your voice sound better, i think. all right. "bubbly". >> we're ready. ♪ been awake for a while now ♪ got me feeling like a child now ♪ ♪ because every time i see your bubbly face ♪ ♪ i get to tingling silly face ♪ it starts in my toes and it goes to my nose ♪ ♪ wherever it goes i always know ♪ ♪ that you make me smile stay for a while now ♪ ♪ let's take your time wherever you go ♪ >> beautiful. >> you have the most beautiful voice. >> yes. >> oh. >> have a great week here in new york. >> thank you. >

tong's twin brother anh was arrested but later released. >> the winter olympics in sochi kicked off onday and security certainly still a top priority. we have a live look at olympic park, this is on the edge of the black sea. it's also one of the main areas russian security forces say they will be on high alert. peggy bunker joins us with more. >> look at those beautiful pictures, that's sort of bad news for the games. still it's the hot topic among those competing at the winter games, not who will win but will everyone be safe once they get there. at the start of the games three days away even the athletes seem to be a bit divided on that question. the u.s. state department issued a travel warning weeks ago for americans attending the games partly due to two bombs which exploded. in response russia has promised this will be quote the safest olympics in history. and they certainly are giving it a go. listen to this. 100,000 members of security that includes police and army troops have arrived in sochi, their efforts to keep the games safe and secure under way. the ring of steel massive

tong's twin bother anh was also arrested but released. >> police are searching for the man who tried to kidnap a 15-year-old boy on crutches at a cal berkeley student housing complex. it happened friday night. it's near buchanan street off interstate 580. police say a man driving a black suv pulled up along side the teen and ordered him into the vehicle. when the teen refused the man got out, grabbed the boy and tried to force him in. the boy was able to get away without being hurt. >> it's a year since two santa cruz police officers were shot to death in the line of duty but their families have not received any of the money raised in their honor. sergeant baker and detective butler killed last february, since then the city has collected more than $550,000 in donations for their families. the santa cruz sentinel reports the delay was caused by a lack of planning by the city officials, and by police union leaders. the union is proposing to get the money to the families and split it. >> 6:10. still ahead on "today in the bay," a fire in the streets of seattle as the 12th man turns rowd

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issued anhe president executive order directing more transparency and accountability in the infrastructure permitting process, and in the weeks and months ahead we will be building on that progress to make sure that projects are getting started as quickly as possible. at the same time, we are going to be pushing to finance that infrastructure patch age -- package with a transition to reformed business tax system, a step that would also benefit the economy, both in the short run and the long run. is this tax reform would cut the top rate to 20%, broaden the base, and reform the business tax code. in the process it would expand the economy's potential by reducing distortions in the current system that skew investment decisions. moreover, that tax reform would be revenue neutral over the medium and long run, but transitioning to the new system raises some one-time revenue, and that is what we would use to finance the one-time investments in infrastructure. to physical capital, it is also essential that we invest in human capital for education and -- already the president has given states new

you have people who use welfare as anhe did anyways use annual in-service, not a full transportation system. they may have a young mom in wisconsin who saved $5,000 of shewelfare check so that could center dot urging college and she was charged with felony. she said she made a decision. it wasn't because she had bad character. ae made a confident -- conscious decision. there are those who are poor because of the chances that they take and the choices that they make. there are character deficits there. they are alcoholics or they have bbs out of wedlock. giving money to that last category only injures them. i said that my own knees back in the 90's was an alcoholic. she was living in public housing. she had a small child. i spent a year and thousands of dollars trying to wean her off and finding her on a farm in. i found great job. i went to pick her up at 2:00 in the morning and one of the days -- one of the most dangerous housing projects in philadelphia. she was drunk. i could not compete against a with housing. i cannot not compete against food stamps. it was only after welfare re