>>> former bart police officer johannes mehserle heads back to court. this has nothing to do with the shooting death of oscar grant. i'll tell you what he is doing in a live report. >>> and turkey day is driving more people to drive. good morning, i'm marla tellez. what a new survey says about holiday travel this year, coming up. >>> plus, world marks react to the super committee's super failure. see what it means for your money. >>> it's tuesday, november 22nd. taking a live look outside the beautiful golden gate bridge. "today in the bay." good morning to you. thank you for joining us. it's 6:00. i'm laura garcia-cannon. >> good morning. let's check in with christina loren to find out what our tuesday weather looks like. >> looking like the best day of the week if you want sun or warmth. we'll drop off your temperatures a little bit. increase your clouds as well as a front moves in. we're not expecting rain until late wednesday into thursday. we time the system out for you. watch out for thick fog in fairfield where we have less than a quarter mile vi

the jury is made up of six men and two women right now are listening to the testimony of former bart police chief gary gee talking about policy this morning. nowhere was there a mention of oscar grant, the bart rider shot and killed by mehserle weeks later. mehserle served two years for involuntary manslaughter in that case and said it was an accident. that he had meant to grab his taser, but he is expected to testify very soon. and we are told that the trial is expected to last about five days. that's the latest from here, reporting live in san francisco, christie smith, john and marla, back to you. >> thank you very much for the update. >>> in other news this morning the man who turned himself in after 40 years as a fugitive answers to charges of shooting at police officers. ronald bridgeforth is expected to plead guilty to shooting at south san francisco officers who tried to arrest him for credit card fraud. this was back in 1968. he originally pleaded no contest but then disappeared before he could be sentenced. bridgeforth turned himself in earlier this month after spending 40 years o

his actions when he was a bart police officer. but this is an entirely different case from the one involving oscar grant. jurors were told yesterday they will hear little to nothing about the original case. this involved kenneth carrethers who is seeking the damage against mehserle and four other police officers in an accident at the coliseum station. this is a week before he shot and killed oscar grant at the fruitvale bart station. mehserle served two years for involuntary manslaughter. carrethers is arguing that mehserle grabbed him and swept him to the ground and four others piled on and hit and kicked him and hog tied him. the defense will present a different account of that, though. that he shouted threats before advancing with a clinched fist at them. i want to mention the four other officers still work for bart. we are told the trial is expected to take five days. jon and laura, back to you. >> thank you, christi. >>> san mateo police officer has caught a man responsible for dozen of violent holdups in the bay area. he was

a citizen has filed a complaint against bart police for the way they handled that incident. and an independent police auditor has been september to investigate. abc7 news. >> the revolution will apparently betrayed marked and be put on t-shirts. shirts, mugs and other things em blazened with the slogan. they are already for sai. the u.s. patent and trademark office has received several people looking to own the word "occupy" and the group, we are the 99%. >>> in san francisco there was a shooting near fisherman's wharf this evening that put a man in the hospital. police found him lying on taylor street between bay and north point streets around 6:30. paramedics rushed him to the hospital where he is expected to survive. there are no suspects or description of the suspect, and they are still trying to figure out what exactly happened. >>> and in contra costa county, they are looking for a pair of masked robbers who pit two businesses in less than two hours. the robberies began a little after 9:00 tonight. first police say the masked men hit the solano drive in in concord, and

>> crowd was upset as bart police questioned the driver then allowed him to leave.iver or the victim's conditions. >>> calls across twitter for people to once again shutdown port of oakland today. right now that is beginning to happen. we are told a small group of protesters has begun blocking the entrance to the port within the last hour. yesterday more than 3,000 protester flooded the main road swarming trucks as they tried to leave or end. business operations were effectively shutdown around 6 p.m.. no reported injuries or scuffles at that demonstration. >>> we are going to try to get back to amy hollyfield now. the current situation which is calming down and cleaning up after clashes overnight between riot police and protesters it >> reporter: sorry about the signal trouble. i want to tell you about the reaction we are seeing as people start to arrive to work. we saw a jogger instead of running the normal way he was running sideways and reading the graffiti on all of the windows, every window here just about has graffiti on it. it happened around midnight police

that man says the officers attacked him after they overheard him complaining about bart police. the alleged incident happened six weeks before mehserle shot and killed oscar grant at the fruitvale bart station. >>> longer emergency response times and cuts to just about every city service is the picture now facing san jose. kcbs radio's matt bigler with how it's spurring a debate over pension reform. >>> reporter: without pension reform in san jose police and firefighters could face longer response times and all branch libraries and all community centers could be shut. that's according to city manager deborah fagone, who released this forecast yesterday in anticipation of a december 6 vote here in san jose that would put a pension reform ballot measure on the ballot next march as well as declaring a fiscal emergency. the city employee unions vow to fight the election if it happens. they say they have been promised these pension benefits and they can't just take them abay. we heard from city employee john rigger and says that the unions will fight the election in court. >> we'll fi

>>pam: of former bart police officer: johannes mehserle took the stand in federal court today. he, along with four other officers are on trial in san francisco. the plaintiff claims that officers used excessive force, beating him during an incident three years ago. terisa estacio was in court today and has more. >>terisa: of former bart police officer of johannes mehserle seeing here in the dark suit testified on the stand that he stepped in and grab to the plaintiffs because he believed that carruthers was going to attack another officer. following his testimony, carothers spoke about seeing mehserle in the the other officers accused of beating him. >> there is still fear. but i am glad the truth is coming out. this is a place where they're not allowed to anyone or beat anyone up. >>terisa: his attorneys lashed out at officers. >> this is about can brothers. he spoke his mind but never touched the officers. they did not like what he said so they slammed him to the ground, tied him up and laughed at him. >>pam: mehserle had some additional choice words. >> he is a convicted fel

bart police handled the scene. it has now been given to the oakland police. they will be handling the investigation. we don't have any information on the identity of the driver or the people who were hit in that accident or their conditions. nor would bart comment on the way they handled the scene. reporting live from oakland, william freedman, abc news. >> thank you, wayne. >>> a primary goal of the general strike was to shut down the port of oakland, and they succeeded. >> police presence was minimal as thousands of protesters flooded the main road to the port. they came in waves. alan wang was in the middle of it all, and he is now live at the port where things are much quieter. alan? >> yes hcarolyn. the last of the protesters cleared out of here about two hours ago. they did what they said they were going to do. the port had to shut down operations around 6:15 after thousands of protesters blocked the main road. waves of protesters from downtown oakland swarmed the last trucks trying to leave the port of oakland around 4:00. they scaled a rail yard struct

the driver was not arrested by bart police nor has his name been released. he drove off against the calls from an irate group who demanded he be taken into custody. oakland police has taken over the case. bart police took all the information from the driver and forwarded that information. it is possible charges could be issued by oakland police after they investigate what happened. independent police auditor has been assigned to investigate. >>> 4:37. former oakland police chief batts is commenting for the first time on how the city has handled the occupy protest so far. abc7 news caught up with him over the weekend at a baptist church where a coalition of local clergy was honoring his service to the city. batts says he watched the clashes on tv. he was out of town meeting with president clinton and other leaders on unrelated issues. batts says the former president did offer him this advice. >> you can never conquer issues through force it has to be with diplomacy of the first thing we have to do is be diplomatic. >> batts was careful not to criticize city le

two station agents and former bart police chief took the witness stand today. g was questioned about the agency's policies toward riders who criticized police. >> authorities in san ma ateo said a man called the chrome resolver robber is in custody. is he suspected in -- in half a dozen cities. a fingerprint collected following a robbery helped led them to sanders. >>> a warning from santa clara officials, be care of four tune telling scams. some take advantage of their customers. they are often at risk and pay thousands of dollars for a comfort, especially during the holidays. >> the competition is really heating up between bay area holidays. the extra perks there. sal. >> i threw you for a curve. we are here in san francisco at the san francisco international airport. i will show you a crowd here because nearly every airport in the bay area is going to have a big crowd as you can look at a live picture of people in line. this is big time business for bay area airports and they are all doing their marketing campaigns slightly differently. >> reporter: a big pa

he didn't care. >> the crowd wanted the driver arrested but police let him go. a move one bart board member would be more critical of had police seen the video. >> if haid thaid seen the video would you have expected a different outcome? >> i think they would have been just a little bit more diligent in keeping that person on hand. >> as bart board president bob franklin noted today as far as police knew this was a misdemeanor. oakland police told bart to let him go. >> they didn't consider this possibly an attack with dadely weapon. a car. >> they probably considered it but there is a volatile situation to bring in more police cars, tow truck to take off to create a disturbance. >> the crowd surrounded a bart police car, pulling out slowly. bystanders accused police of having a double standard in dealing with suspects. >> if i ran someone over, where would i go? they might put my black ass under the jail. >> and bart considered mark smith will conduct the investigation. >> with every investigation, including this one, we seek witnesses and gathered evidence. >> bart says it wi

a driver was initially detained in his car for a short time by bart police after witnesses say he hita pedestrian intentionally while trying to pass through a crowd of protesters at 11th and broadway. a witness caught the whole thing on his cell phone. you can see the car trying to get past with the protesters blocking the crosswalk. the protester pounds on the hood and the driver slams on the gas, hitting the pedestrian in front of a woman behind him. >> i think he was angry. and he didn't seem to use restraint and he didn't care. >> there is no explanation. all he had to do was wait a few minutes. between he was upset by someone slapping his car you don't attempt to murder somebody. >> you can hear the crowd was so upset as bart police questioned the man. moments later the officer allowed the driver to leave and the crowd got more angry. so far no word on the driver or the victim's condition. >>> banks around frank ogawa were the target of many of the protests yesterday. a wells fargo sign was smashed and seven windows shattered in the area. one office appeared to have been looted a

mehserle and four other bart police officers are on trial. they are accused of assaulting a man at the coliseum bart station in 2008. that was a couple of months before mehserle fatally shot bart passenger oscar grant. >>> 4:35 now. a quarantine could be lifted in time for thanksgiving tomorrow at the largest nursing home in marin county. a norovirus outbreak began about 2.5 weeks ago at the country villa healthcare center in novato. since then about 80 residents and staff members have come down with a gastrointestinal illness. to prevent the illness from spreading further, residents are supposed to stay in their rooms and visitors are not allowed. >> i would like to see my husband and that's frustrating. but i come over and drop him off his favorite things. >> norovirus causes nausea, die rerequest and vomiting and can be fatal in some cases. two people at the country villa had to be hospitalized but have since recovered. >>> nearly 1,000 people turned out to danville to honor a hometown son killed in action in afghanistan. they met at the ve

a driver was detained in his car by bart police after witnesses say he hit a pedestrian intentionallys through a crowd of protesters at 11th and broadway. a witness caught the whole thing on a cell phone. the car trying to get past. the protester pounds on the hood the driver slams on the gas hitting that pedestrian in grown of the car and also a woman behind his car. >> i think he was angry. and he didn't seem to use restraint and he didn't care. >> there is no explanation. all he had to do was wait a few minutes. even if he was upset by someone slapping his car you don't attempt to murder somebody. >> the crowd was upset as bart police questioned the man then ultimately allowed him to leave. so far no word on the identity of the driver or the victims' conditions. >>> banks around frank ogawa plaza were the target of many yesterday. a wells fargo sign smashed and seven windows shattered. one office appeared to have been looted and graffiti scrawled on the entrance to citibank. the area became somewhat of a tourist attraction with people taking pictures and picking up shards of glass

bart police handled the scene. it has now been given to the oakland police. ill be handling the investigation. we don't have any information on the identity of the driver or the people who were hit in that accident or their conditions. nor would bart comment on the way they handled the scene. reporting live from oakland, william freedman, abc news. >> thank you, wayne. >>> a primary goal of the general strike was to shut down the port of oakland, and they succeeded. >> police presence was minimal as thousands of protesters flooded the main road to the port. they came in waves. alan wang was in the middle of it all, and he is now live at the port where things are much quieter. alan? >> yes hcarolyn. the last of the protesters cleared out of here about two hours ago. they did what they said they were going to do. the port had to shut down operations around 6:15 after thousands of protesters blocked the main road. waves of protesters from downtown oakland swarmed the last trucks trying to leave the port of oakland around 4:00. they scaled a rail yard structure an

he and four other bart police officers all on trial. are accused of assaulting a man at the coliseum bart station in 2008. >>> a quarantine could be lived in time for thanksgiving at the largest nursing home in marin county. the norovirus outbreak began about 2.5 weeks ago at the country villa healthcare center in novato. and since then about 80 residents and staff members have all come down with a gastrointestinal illness. to prevent it from spreading, residents are supposed to stay in their rooms and there are no visitors allowed. >> i would like to see my husband and that's frustrating but i come over and drop him off his favorite things. >> norovirus can be fatal. two people had to be hospitalized but both have since recovered. >>> coming up, a stunning revelation about actress natalie wood. the theory from the lifeguard who pulled her from the water. >> more reason to drink coffee, it may help fight off a certain type of cancer. coming up. ,, can i, can i (repeated) v.o: can now be enjoyed in your coffee ( can i, can i (repeated) )

>>pam: the form of bart police officer if convicted of killing an unarmed passenger back in 2009 to the stand today in another assault case. johannes mehserle and for other parts police officers are on trial in san francisco. they are accused of violating constitutional rights for its passenger by using excessive force. terisa estacio has more on the situation. >>terisa: officer johannes mehserle is seen here where the arrow is pointing. he testified on the stand that he stepped in and grabbed a plaintiff because he believed that carruthers was going to attack another officer. following his testimony, carothers spoke about seeing messily into the other officers accused of beating him serious >> there was fear. i'm just glad that the truth is coming out. we are in a phase where they are not allowed to hit anyone or beat them up. >> his attorney last out at officers. >> this is about can carothers his book his mind but never touched an officer. for they did not like what he said so they slammed him to the ground. >>terisa: mehserle have some additional twist words. >> he is a convicted fe

>>terisa: , bart police officer johannes mehserle is seen here and ready in or is squeezing the. he testified on the stand that he stepped in and grabbed the kids if because he believed carruthers was going to attack another officer. following his testimony, carothers spoke about seeing mehserle in the the other officers accused of beating him. >> there is still fear their. i am glad that the truth is coming out, a place where they're not allowed to hit anyone were duty one up. >> this is about can carruthers, he spoke his mind off fed never touched an officer and they did not liked what he said so they slammed into the ground and tied him up like taking and laughed at him. the damage he is a convicted felon. i am sure he will say whatever he wants to say to get himself off the. johannes mehserle was convicted of killing an unarmed passenger back into the nine. gemma he challenged officers to fight. >> a jury will make their decision, i trust the jury. an unmarked have asked >> i trust the jury system. cox >>mark: for the first time in nfl history, two brothers are facing off as

you can see the former bart police officer in this is the leading court and just moments ago.is being sued for an incident several weeks before he shot and killed oscar grant. the plaintiff in this case claims that johannes mehserle and four other officers use excessive force against him after a verbal confrontation. maureen kelly was inside the courtroom today. >>reporter: johannes mr. lee appeared in sight of a federal court room he displayed no emotion here at the trial. he simply listened intently to the proceedings along with four other officers named in the lawsuit. his father and odd were in the courtroom observing the trial. he made his opening statements saying they johannes mehserle did not stop an assault. >>reporter: 8 bart station agent that was a witness on the night to the stand, johannes mr. lee is expected to testify during the trial that is back in session on wednesday i am maureen kelly with kron4 news. >>pam: the man that was accused of opening fire on the police officers back in 1968 pleaded no contest today. prosecutors say that he started shooting at the

. >> and former bart police officer johannes mehserle was back in court today. this time, he's the defendant in a police brutality case reportedly took place six weeks before grant was killed. and vic lee has the stri johannes mehserle served two years in prison, convicted of involuntary manslaughter last year in the shooting death of oscar grant. he's now one of five defendants in this trial, on the stand today. >> johannes mehserle came to court with his father and other four defendants who are officers. this man is suing them for using excessive force when they arrested him three years ago. >> and he says he's suffering from trauma. watching proceedings were the uncle and aunt of oscar grant. the bart rider mehserle shot and killed six weeks later. >> just thought pattern he has is, needs to be addressed and bart failed to do that with kenneth carruthers. >> he's a convicted felon. he's going to say whatever he fwoonts say. >> on november 15th, 2008, krujers says his car as broken into and that officers attacked him when he made a remark police had done nothi

. >>> former bart police officer johannes mehserle spent part of this day on the witness stand in a civil trial brought by a man who said his rights were violated. it happened on the bart platform in oakland. ktvu's rita williams is live that courthouse where today's session just wrapped up. >> former police officer johannes mehserle just finished testifying here about an hour ago after four hours on the stand. >> good, thank you. >> reporter: this is the first picture of johannes mehserle we have seen since my interview in jail 14 months ago. he had just been convict offend man lotter for killing oscar grant. now that he served his time johannes mehserle was at the san francisco federal building with four other bart police officers defending themselves in a lawsuit filed by another passenger in a another case six weeks before the shooting of oscar grant. >> one of the officers. >> reporter: kenneth carrethers said the officers used excessive force and violated his civil rights at the bart station, november 2008. >> i got a black eye. >> reporter: kenneth carrethers said he did nothing. >

. >>> the case against former bart police officer and four other bart police officers are on told until monday. mehserle told the jury kenneth carrethers was unruly and he was afraid he would attack another officer. he said he had no doubt carrethers was going to hit another officer on the head. he sued five men and bart claiming they used excessive force during the confrontation at the coliseum in 2008. >>> occupy protesters in san francisco calling on people to close bank accounts now taking their message to a new level. organizers want to create their own bank to as to keep money out of the so-called 1%. surveys have been floating around social networking sites asking people for their feedback. the movement hopes there will be enough interest to create a credit union. results will be sent to the state department of financial institutions. they have life. they have power. they have a cook ten. today they're going to serve thanksgiving meals. protesters taking a break this weekend. but vow to return in greater numbers on monday for a general strike against tuition hikes. organizers are

. >>> the oakland man who claimed he was beaten by four current bart police officers goes back on the witness stand. his testimony began yesterday. he said the officer threw him to the ground while four other bart police officers punched and kicked him. now it opened six weeks before the fatal shooting of oscar grant. >>> well it is a whole new way to feed the parking meteorologist. this is just around the corner and that story is coming up on mornings on 2 at 7:07. >> now we've got to get you to where you need to go and tara is working in the fog. >> that's right, you can't see is a thing -- you can't see a thing, highway 4, this is a live picture roaring in over the past half hour. traffic westbound slow going and a fog advisory is in effect for contra coster county -- contra coster county. and a fog advisory in effect for san mateo and golden gate bridge as well as the dumbarton bridges. 20 minute delay over the span this morning and we are losing our picture there, sorry folks and again chp is out, saw several police officers along the span this morning. make sure you drive slowly

>>pam: the first day of witness testimony in the new civil trial alleging excessive force by bart police from including johannes mehserle that shot and killed a different unharmed passengers it and it shall will whose real >>reporter: 3 this is a move that could make your holiday shopping experience a and the easier in union square coming up why you will not have to worry about this during the holiday season. >>reporter: a new report highlights toxic or dangerous toys that parents should avoid this holiday and >>gary: of news for fans of eddie debartolo and the harbaugh family have made their decision about where they will be on thursday night that is coming up later in the broadcast. [ mom ] hey guys. guys... [ female announcer ] pillsbury cinnamon rolls with cinnabon cinnamon are an irresistible sunday morning idea. nothing calls them to the table faster. sunday morning ideas made easy. your new progresso rich & hearty steak burger soup. [ dad ] i love this new soup. it's his two favorite things in one... burgers and soup. did you hear him honey? burgers and soup. love you. they're cut

bart police are defending the way they dealt with a driver kaugts on video knocking down two protestors. police say they let the driver go because this is a contentious situation. >> then about a dozen protestors tried to shut down the port of oakland again this morning. the blockade lasted until 8:00 a.m. and abc 7 joins us live now at the jail. >> dozen as rested and 80 people were arrested last night. the women protestors taken into custody we're told were taken to jail. the men, however x were brought here and one pro testor was taken into custody this afternoon. he said all that have violence last night was not supposed to happen. and after a long day of mostly peaceful protests violence did break out after midnight when a group of occupier as testimonied to take over a vacant building. those occupiers say they wanted to use the building as a warm place to gather but derek winslow says things got out of hand when police showed up and used tear gas and bean bags to move them out. >> last night might not have been complete expression of the anger. it was an expression of the frustrat

. >>> the former bart police officer convict offend killing a passenger was in court today for a new trial. ktvu's rita williams is here to explain why johannes mehserle actions are being scrutinized. >> reporter: it's the first public appearance that he made since being released from prison 5 months ago. >> johannes mehserle convicted for shooting and killing oscar grant is now defending himself along with four other bart police police officers in a lawsuit by aortpassenger six weeks before the fatal shooting. he says the officers used excessive force and violated his rights that bart station november 2008. >> i got a black eye. >> reporter: on the way to jail johannes mehserle and another officer took him to the hospital where he was treated. >> johannes mehserle turninged and said have you learned not to mess with the police. and i stated to him all i know is you beat me up. >> reporter: he cursed at the officers, he says he did nothing but use his freedom of speech. bart counters witnesses say he refused to leave, approached one of the officers yelling threats. resisting arrest c

bart police took information on the mercedes driver but anyone let him go >> there's been a lot of people showing support a lot of love to both of us that's what -- >> oakland police have taken over the investigation. an independent police auditor has been assigned to investigate as well. >>> growing coalition of california medicinal marijuana supporters are ready to go to court to fight the government's efforts to shut them down. today lawyers will file a federal lawsuit in each of the four federal districts seeking an immediate haul to a new statewide crackdown. federal -- authorities have been telling property owners they could face federal drug charges by renting to operators. medical marijuana industry wants the courts to force the feds to come to a resolution without threads of -- threats of prison sentences or forfeiting property. medical marijuana is legal under state law. >>> 6:06. how did you enjoy the rain over the weekend? if you don't like it, it is again today if you like it, it is going to come back. >> exactly. we are in a pattern war it looks like we are going to have --

bart are not sure what's going to happen material. they are preparing for possible delays. some say they are going to stay home in case and others will grin and bear whatever protesters and police deliver. thousands use bart it get to and from work. with occupy oakland events from 9:00 to 5:00, the agency will extend trains to accommodate the people, but commuters say they won't be part of the mix. >> they maybe work from home or maybe like some other arrangement. >> pepe commutes from pittsburgh to san francisco. he wasicate in closures and delays and plans to avoid bart for the day. >> it's quite annoying. i suppose there is nothing i could do about it. hopefully things get better. >> with occupy oakland promising to protest businesses, the oakland chamber is telling leaders business owners are concerned about safety. activists say they plan a peaceful march, pointing the finger at police for returning a peaceful protest in what looked like a war zone last week. >> it's not against society, it's against the establishment. if it iskilated to be unpeaceful, really. whose fault is that. >> bart closed two stations in that police action. candace will ride bart, but she is worried

yesterday former bart police officer took the stand and he testified about his role in an incident involving a bart passenger that took place six weeks before the fatal shooting of oscar grant. he grabbed him outside the bart station in 2008. his attorney is telling a different story. >> this is about ken. >> i don't think the officers have been doing anything other than telling the truth. >> they are suing him for allegedly excess sufficient force and he said all he did was complain about the recent incident in bart parking lot. >>> the iranian official says they were working with the security agency to target the nuclear program. north where or where they were allegedly arrested but the u.s. is not commenting. >>> they are cutting the credit rating pushing deeper into junk status. for the first time in nearly a week, there is no trouble and police are holding steady. they announced they will not step down but next week's election will take place. there is a debt of at last 30. >>> joe paterno's wife has been at her husband's side during the scandal. the avid swimmer was turned away from a

. >>> former bart police officer johannes mehserle is returning to a bay area courtroom this morningto face new questions about his con. this has nothing to do with the shooting -- shooting death of oscar grant. >> reporter: what would you do? a car on fire, a man trapped. we'll show you what some did, next. >>> local airports around california everybody on time. as we head to the east coast, atlanta having flight arrival and departure delays. rain midwest and northeast. flight tracker at abc7news.comúú >>> good morning. opening bell has rust rung to star the trading day. u.s. stock futures falling amid reports the super committee will fail to reach agreement -- an agreement this week. if no detail is made it will trigger drastic spending cuts. we'll go live to the new york stock exchange coming up. >>> this morning a driver can thank a few good samaritans, a san francisco police officer and a pocketknife for saving his life after a fiery crash on the streets of san francisco overnight. amy hollyfield joins us live from folsom near 12th with more on the incredible rescue. >> reporter

you can blame circumstances of a double standard on the part of bart police. abc 7 news learned today there will be an internal investigation by the board of directors into this accident. let's take a look at that cell phone video. >> this is cell phone video of protestors at the corner of 11th and broadway wednesday night. two cars tried to pass protestors. watch the mercedes-benz. a protestor jumps in front, pounds on the hood. the driver hits the gas injuring that protestor and another behind. both went to the hospital. and police responded and took statements from several witness who's said the driver, still unidentified, intentionally tried to run them over. despite what the witnesses said, bart police allowed the driver to go on his way. standard procedure during a misdemeanor, they said. but now, the department received a citizen letter of complaint and is investigating. >> one complaint? two complaints? >> one complaint. >> can you specify what it complaints? >> i cannot. there is an ongoing investigation which is the function of the independent police

man to justice, hold this man responsible, open if the police will not do their job. >> reporter: bart police say they were directed to let the driver go by oakland police and that opd is investigating. >>> we have crews monitoring the protest, the coverage will continue on the website. log onto the website for all the latest on the move the protesters making. >> in the rain coming down today throughout the bay area. widely scattered showers moving from the south and going north. that's unusual. let's go outside. it was raining in china town. now despite the feel that the rain was coming down pretty heavy the accumulations are just about a tenth of an inch. going now to the next camera and you will see the downtown san francisco. umbrellas out, slowing it down. people -- some had a holiday today and others still at work. then on the freeways and the afternoon you can see what's happened. we have 80 here by emoryville. headlights toward san francisco. that's slow. both ways because of the rain and perhaps because of the holiday. first thing i want to point our you can see the coverage from oak

is suing mehserle and four other bart police officers for excessive force. ll goes back to an incident that happened in november of 2008 when carrethers pictured here was arrested outside the bart station. during the civil trial, the jury is expected to hear from a number of witnesses and possibly mehserle himself. mehserle is expected to testify he was protecting a fellow officer during the incident with carrethers. carrethers said he was kicked and punched after getting in an argument with mehserle. now the incident with carrethers happened six weeks before mehserle was involved in the shooting death of oscar grant. he served a year nor prison after being convicted of manslaughter. opening statements could begin as early as tomorrow. live in the newsroom allie rasmus ktvu channel 2 news. >>> a downtown san francisco art gallery is celebrating the return of a stolen picasso sketch. the art work will be rehung on a wall in the wine sign gallery. mark lugo pled guilty to stealing the sketch right off the wall in july. he will be sentenced to 16 months in jail

police will move in at any time now. >>justine: just a quick update for everyone, we're hearing that the 12th street bart station is closedhis morning. you may want to prepare for an alternate route. there is an intense amount of police activity that is about to happen in the occupy oakland encampment. stay with us, we will be back with more. and >>james: we are back at 4:30 a.m. are breaking news continues to be the situation in oakland were police at any moment are expected to raid the occupy oakland in kama. >>justine: protesters are waiting in the streets and ready for the raid. we turn our attention to will tran he is on the scene to bring us the very latest. we're looking at a police car on the scene have any other officers move in? >>reporter: yes, that is one side i have seen it on two sides now. that is 14 and franklin you can see the officer standing outside right now, i do not expect them to move and those are probably the people that will contain the perimeter. about 10 minutes ago we saw officers north of this section at 14th and broadway, we will try to move the camera, no, they are gone. but with stock offi

>>pam: there are bart police there as well? >>reporter: the bart police are in the station. >>pam: de know whether or not a suspect has been apprehended? >>reporter: my understanding is, there is a possible suspect in custody. >>pam: as far as you know is their only one victim? >>reporter: those questions should be directed to the oakland police. >>pam: j.r stone is live on the scene. have you been able to look learn anything new? jerry? >>j.r.: you can see where the yellow tape is. i want to show you where this man was a when paramedics took him away. some of his items are still on the ground. that is where he was laying on the ground when i ran over there. to give you an idea of where i was, we were about to go live. all the way down there in the distance we heard gunshots go off. there's celebrating the fact that they have been here a month or so. a photographer ran up on the scene and was getting attacked by a mob of people where you are looking at right now. around a four- five minutes later is when the first officer finally got here and finally the paramedics. i saw th

the former bart police officer who fatally shot an unarmed man in 2009 goes on trial again today, accused in another case of alleged police abuse. jury selection is set to begin in a civil lawsuit against he and four other transit police officers. the oakland resident bringing the lawsuit claims he and other officers kicked, punched and hog tied him during an incident three years ago. he was released from jail in june. he's expected to testify during the trial. >>> 4:36 right now. three leaders go on trial accused of genocide and other crimes. yesterday a memorial service was held to give survivors and victims a chance to remember their loved ones before the trial. some survivors fled the country and came here to the bay area. they're now back in cambodia with their lawyers to testify in the case. >> we can question the defendant. we can question key witnesses. . then at the end if the defendants are found guilty, then it's our responsible to seek what's known as reparations on behalf of our cleans. >> the survivors do not want their stories forgotten. the trials will be conducted separat

a trial will take place for the former bart police officer who was convicted of fatally shooting barter oscar grant. this time he's being sued for using excessive force on another rider. marla tellez is live at the bart station with more. good morning, marla. >> laura, good morning. mehserle shot and killed oscar grant almost three years ago. he's now accused in a beating that allegedly happened here at the oakland coliseum bart station just weeks before the controversial shooting. kenneth carrethers is the plaintiff in the case. he says mehserle punched, kicked and hog tied him after overhearing him comment that bart officers are lazy. lawyers for bart say the officer's behavior was not out of lean, saying carrethers threatened to hurt him. he filed the civil suit two months after mehserle shot and kited officer grant. negotiations have been unsuccessful. mehserle is expected to be at the trial every day. he's also expected to testify in the trial. in june he was released from jail after being sentenced for manslaughter. i'm marla tellez. lau laura. >> police are investigating. a ras

. >> a bart police officer johannes mehserle testified he did not use excessive force against a man accusing him of police brutality. and he four other defendants were in court today he is accused of using excessive force three years ago. >> i'm glad the truth is coming out. and they're not allowed to hit nobody or beat nobody up. >> he was grabbed because it appeared he was about to hit another officer in the back of the head who was walking away from him. >> and. >> officers says -- mehserle testified that krauthers was confrontational and aggressive. >> the world's number two mobile technology company says it's slashing 17,000 jobs world wide by 2013 with officers in san francisco, berkeley and sunnyvale. the company says no local jobs will be affected and it will only impact joint venture operations with seimens. the company believes restructuring will make it more competitive. >> labor department says this. weekly unemployment applications increased by 2000 last week. second in six weeks and this four week average fell to the lowest after rinl since april. experts say that is a sign com

if you are head together south 60s and 70s for l.a., san diego and palm springs >>> former bart police officer johannes mehserle is expected to testify today in a federal civil rights trial. mehserle and four other bart officers ever accused of violating an oakland man's constitutional rights and injuring him during a confrontation in november of 2008. the alleged incidentcm66Ñ occurd several weeks before the shooting death of bart passenger oscar grant. a jury convicted mehserle of involuntary manslaugher in that case. >>> funeral services has been set for a vallejo police officer. the memorial for identify jim capoot will be held 11 a.m. next wednesday, november 30th. he had strong ties to vallejo high where he coached. the officer was shot to death last thursday while chasing suspected bank robber on foot the suspect is now facing first degree murder charges he is 37-year-old henry albert smith of fairfield. he could face the death penalty >>> traffic engineer not recommending new stop signs at an east palo alto intersection where a little girl was kill. the city commissioned the st

bart police handled the initial investigation.cers questioned the driver and then allowed him to leave. you can see in this home video one protester pounded on the hood of the car. it appears the driver gunned the engine and hit the man. >>> oakland city council tonight expected to take up resolution in support of the occupying encampment calling on city officials to with protest for the safe and lawful use outside frank ogawa plaza as a 24 hour demonstration site. meeting begins 5:30. meanwhile occupy protesters in san francisco plan to start a march now to show solidarity with demonstrators at the summit for thes]ç]4 wealthiest nations in the world the g-20 summit outside the federal reserve bank office on market street the crowd will march up market to the wells fargo building on california street. >> that summit is underway today in france where the g-20 leader are focusing on greece threatening the euro currency and global economy. >> the president: the most important aspect over the next two case is resolve the financial cri

. >>> the case against former bart police officer and four bart police officers resumes this morning. mehserle is expected to take the stand for a second time at 9:30 this morning. he claims mehserle and the officers used excessive force when arresting him in november of 2008. carrethers took the stand saying yesterday i'm no angel but i did not deserve to get beat up. he testified that carrethers was unruly and he was afraid he would attack. about 100 of them had to leave a classroom before after a fire broke out at a trash can at the men's restroom. firefighters quickly put it out. fire departme fortunately nobody was hurt. the cause of the fire remains under investigation. >> south bay homeowners could find themselves with trees for the city. they will consider new rules to clarify who is responsible for maintaining trees. the new rules focus on homeowners whose property is next to street trees. they'll also cover permit requirements. >>> the body of a killer whale washing ashore leaving scientists trying to figure out how he died. the body of an 18-foot killer whale washed up just

. >> the former bart police officer convicted of killing officer grant heads back to court this morning. this time testifying in a civil trial involving another bart rider. >>> christie smith posted life this morning. >> good morning to you. potential jurors sate in court yet. they were asked about their feelings on police officers and whether they can separate the new case with the oscar grant case. they were told they won't be hearing much about him at all. mehserle heads back to court again this morning. this time in a federal lawsuit brought by kenneth carrethers who said mehserle and four other officers attacked him after he criticized officers. apparently his car has been broken into twice, and he didn't think the officers were very helpful. this happened about six weeks before the shooting. then the other officers piled in and hog tied him. the defense said in court documents that the actions were justified and actually started by carrethers after he was making threats towards police officers. now we're told he will take the stand and the entire trial is expected to last about fi

they were enraged when bart police officers questioned the driver but they let him go. oakland police are investigating. >>> officials are hoping to reopen the port of oakland in less than an hour from now. thousands of people blocked entrances to the port yesterday evening. there were some confrontations as port workers tried it get past the protestors. but overall port officials say it was primarily peaceful. some workers were frustrated over losing a day's pay to the protest. >>> it is 6:06. that all important forecast coming up with lawrence karnow. >> we have clouds moving in. it may not be long before we start to see rain around the bay area. i think the commute is safe this morning. but as we head into the middle of the day, the chances increase that we are going to see this cold front diving into the bay area and bringing with it a few showers. not the biggest storm we have ever seen but a big change from what we have seen over the past couple of days. going to see the showers developing this afternoon. then getting unsettled as we head through the evening tonigh

. >>> a jury was selected in a case involving former bart police officer johannes mehserle.e is one of five bart officers defending themselves in the lawsuit. it was filed by a passenger who says the officers used excessive force and violated his rights that bart station in november 2008. that was just six weeks before the shooting of oscar grant. >> johannes mehserle turned and said have you learned not to mess with the police. and i stated to him, all i know is you beat me up. >> witnesses will continue kenneth carrethers refused an order to leave and approached the officers with a clinch fist. >>> a fire is raising concerns about a stretch of telegraph avenue. ktvu's christian has more. >> reporter: long time fixtures, drawing customers. >> it's where you hang out. meet your friends. you know, i don't know how to tell you. shocking to me that it burnt down. >> some have questions about the viability of this intersection. this lot has sat empty for decades. now they are both gone. what was once cody's books sits vacant. the only business that is open is this music store. h

he's of course the former bart police officer who shot and killed officer grant. oscar grant plaza is what the demonstrators have renamed this area. in oakland, abc 7 news. >>> only about a third of the 103 people arrested during the general striking protest were from oakland according to the san jose mercury news. breakdown. 32 from oakland. from a from other bay area cities. 15 are from parts of california. and 9 are from out of state. as for the people taken into custody for failure to disburse and other charges, the newspaper says they came from as far away as texas, michigan, new york, utah, new jersey and oregon. >>> occupy movement began on wall street and tonight new york city mayor michael bloomberg says he will not tolerate what happened here in oakland. >> you see what happened like in oakland 5,000 people in the street burning. we are not going to have that here. anybody that think that is we are doing nothing is wrong. anybody whether thinks we are going to tolerate behavior that is not protected is wrong. >>reporter: mayor bloomberg says he's particu

he is the former bart police officer who fatally shot an unarmed passenger in the back and spent two years in jail for involuntary manslaughter. now he is on trial in a separate civil case. a man is seeking damages against mehserle and four other officers in an incident in 2008 at the coliseum station. he says mehserle grabbed him from behind, punched and kicked him, and fastened his arms and legs together. the officers say the men shouted verbal abuse and advanced with clenched fists. >>> after two wet weekend days, lawrence karnow is now delivering a perfect monday, a little chilly but lots of sunshine. >> for the holidays things could change. outside now we have a couple of leftover clouds in our skies, chilly temperatures in spots. 39 in the napa valley, 43 santa rosa, 44 san jose, 47 in san francisco. kind of a dirty ridge. moisture rolling over the top of the ridge building in. so we'll see a few high clouds move across the skies but we'll stay dry for today. temperatures 50s, maybe some low 60s by the afternoon so not the warmest day around the bay area but the weather will ho

he told the jury that he was thrown to the ground while four other bart police officers bunched and kicked him. the incident happened at the oakland bart station six weeks before the fatal shooting of oscar grant. >>> well there is a new problem for herman cane's campaign this morning. a woman in georgia said she and cane had an affair that lasted 13 years. her affair ended a few months before his bid for the presidential nomination. he denies it saying he knows her but was only trying to help her financially. >> i was aware he was married and i was also aware i was involved in a very inappropriate situation. >> the thing i am worried about is the impact it will have on my wife and my children because they cannot be subjected to false accusations. >> cane would buy her plane tickets so he could meet up with her when he was speaking in different cities. >>> and conversations between the wife of the assistant basketball coach bernie fine and one of the men he says molested him. >> you know, they talked and i know some things about you that some things are going to be let out. >> yes. >> bobb

. >>> the case against former bart police officer johannes mehserle and four current officers on hold until monday. before the court recessed for the thanksgiving break, mehserle took the stand, defending himself against accusations he beat kenneth carrethers during an arrest. mehserle told the jury carrethers was unruly and afraid he would attack another ufrs. ka roet e carrethers says mehserle used excessive force. >>> a group of homeowners whose homes were damaged in a land side have filed suit against their names and the city. the three homes were damaged on march 24th during a mud slide. the homeowners filed suit against six homes on the street above them, saying they failed to take care of their property and maintain drainage system that contributed to the slide. it also claimed they were given notice well in advance that the slide could happen. the city has so far not commented on the issue. >> disappointment, anger, confusion in east palo alto. engineers told city leaders stop signs are not needed at an intersection where a little girl was killed on the way to school. we take