and bertolli said it would be up to the team and the skipper saying if there is not an agreement, the italian decision not to race could come on the day of the competition. that would play havoc to make it a television spectacular. >> asking what consideration he had for those concerns drew this response from the team lead year we're in the here to produce a show. we're theer say, to race, and to win the america's cup. >> now, the accident that took the live of andrew sailor is being investigated by a panel of experts but they're just rec men indications, not binding and this could come down to a showdown but it's not there yet. >> mark, thank you. part of the port of oakland is shut down now because of a fatal accident there. a long time long shoreman lost his life when he veered into the water in a pickup truck. >> police say this man accidentally drove off the pier here. long shoremen say it just shouldn't have happened. we've learned the victim's name is manuel and he' and has a worker here for 50 years. sky 7 is overhead as divers attempt to rescue a man in a pickup truck. police