workers left early in the wake of the accident. >> the west site is red tagged for cal-osha for their investigation the east side is open for work but no one wants to work when something like this happens. >> reporter: the accident is being investigated. reporting live in san francisco, david stevenson, ktvu channel 2 news. >>> a sacramento amusement park remains shut down after a accident that injured two workers. the crane collapsed in the afternoon as the workers were doing maintenance on the scandia screamer at the sandia fun center. cal-osha and operators are investigating. >>> wildlife group is trying to save ducks that someone shot. two injured ducks were found. property manager say four ducks were shot. one died. several others haven't been found. they are trying to capture and treat the birds. blow guns are illegal in california and whoever shot the dugs could face charges. >>> state fish and game wardens say fishing hooks and lines aren't the only threat to brown peles. a dozen birds found with puncture wounds were attacked by sea lions. a spokesman says sea lions and pelica

cal-osha is heading up the investigation. the lab, by the way, did pass a routine safety inspection back in march. >>> several stores in san leandro remain closed after being vandalized over the weekend. at least 31 businesses along east 14th street were spray- painted with graffiti early sunday morning. a restaurant owner who was affected says the graffiti problem has gotten worse over the years. investigators say they are now looking into the content to see if it's gang-related. >>> checking other bay area headlines, after nearly two years, police in santa clara know who killed a 96-year-old man during a home invasion robbery. it happened in saratoga. detectives say 33-year-old juan cortinas who is already in custody on other charges lab rained tomorrow. a second suspect was killed last march by the fremont police department involving a separate incident. >>> the search is on for a man who groped a female student at san jose state yesterday morning in front of the administration building.

cal osha will be in menlo park tomorrow looking for the cause of a deadly laboratory explosion. san jose man was killed friday, when gases he was mixing blew up. >>> today is the end for a family-run business that has sold snacks and rented boats at stow lake since the 1940s. the city of san francisco awarded the contract to another vendor forcing the family to close up shop. >>> the u.s. postal service may be forced to shut down this winter. that's according to the new york times. the agency is struggling to pay its bills and might not be able to make a $5.5 billion payment due this month. >> all right. looking good around the bay area today. as we see plenty of sunshine by the afternoon. starting off with low clouds and some fog. and mount vaca cam looking good and the sun is about to come up on this labor day and some comfortable temperatures around most of the bay area, and should be warm, maybe even hot in some spots inland. numbers though out there now mainly in the 50s and a cloudy start to the coastline and low clouds extending into the bay and partly cloudy inland and b

we checked cal osha records and found there have been no violations on this site. the construction is being done on the site of the $41 million launch project, a mixed use development scheduled to open next year. cal osha and the san francisco department of building inspections are both investigating how and why this accident happened. the district attorney is also looking into it to see if there was any criminal activity involved. live at san francisco general, kimberly tere, nbc bay area news. >> thank you very much. >>> a devastating afternoon for one cupertino woman who left her home to get lunch only to return and find her garage on fire. it happened just after 1:00 p.m. on the block of northwest square. when the woman returned from the store, her garage was fully engulfed in flames. fire officials are trying to determine what caused the explosion. right now they believe it's gas related. one neighbor said the explosion sounded like a truck crashing into a building. some good news -- the woman's dog survived the explosion and fire. >>> he was considered one of

. >> the west site is red-tagged for cal-osha for their investigation. the other side, east side is open for work. they will be back tomorrow. >> reporter: a check of the nivvy brothers construction record shows their record is clean with cal-osha. this afternoon the san francisco district attorney's office issued a statement saying that we do take these kinds of construction accidents very seriously. as a result, an as routine, they plan to do their own independent investigation to make sure no criminal activity was involved. reporting live in san francisco, linda yee, cbs 5. >>> several people in south berkeley woke up to a rude shock. their car tires had been slashed. tires of more than 50 cars were slashed in the area of california, russell and julia streets in the early-morning hours. investigators say it appears the cars were picked at random and the damage was done with the sharp knife or some type of blade. victims were left wondering why. >> what would motivate people to slash 50-plus tires? what are they thinking? people don't do things for no

. >> the red site is red-tagged for cal-osha for their investigation. the other side east side is open to work but no one wants to work when something like this happens. they will be back tomorrow. >> reporter: i checked with the records for nibby construction company with cal-osha. it appears their record is clean. they have no outstanding liabilities nor does it look like they have any problems with cal-osha. in the meantime, the district attorney did issue a statement late this afternoon saying it plans to also do an independent investigation just to make sure that no criminal negligence is involved. reporting live in san francisco, linda yee, cbs 5. >>> the west sidewalk on the golden gate bridge will be re- opening two weeks ahead of schedule. it closed may 31 so that construction crews could finish up earthquake safety work there. that sidewalk originally going to be closed through the end of september. the west sidewalk reserved for cyclists only will reopen september 10. a partial closure of the east sidewalk begins september 13. and that will l

. >> it is red tagged for cal- osha. the east side is open for work but no one wants to work when something like this happens. >> reporter: cal-osha shows no other records of accidents or violations and no significant incidents statewide with the contractor. reporting live, david stevenson, ktvu channel 2 news. >>> a line cook shot outside a san francisco restaurant has died. we reported the shooting yesterday on 2. today he was identified. police believe he was mistaken for a gang member. two men approach him yesterday morning as he was taking a moking break. police are still looking for the shooters. >>> 24 hours after he was shot another man was killed 11 blocks away. police are looking for two suspects in the shooting death. a memorial has been set up where the shooting happened. his death brings the number of homicides in san francisco so far this year to 34. >>> we have an update on a sexual assault story. robert hoffman faced a hearing today in san francisco, accused of salting three women since march. his attorne

today, cal osha will look into the cause of yesterday's fatal explosion in a menlo park research lab. and the medical examiner says a 56-year-old scientist adrian martin died at the scene. a woman colleague was also injured. don sanchez reports the lab was sealed off until inspectors could get there. >> for meet me it was a very loud explosion. >> bob works for a company with offices above the lab where the explosion happened. >> i heard the building shake. i heard the explosion. >> jim hill was in his office when the explosion occurred down the hall. he joined two dozen others in getting out of the building. but scientists had been mixing it into one cylinder like this. something went deadly wrong, some people went to the aid of their fallen comrade autos five went into the laboratory. very risky to do that. they didn't turn off cylinders. >> they told the man he was still alive but he died in front of the building. a woman scientist was blown out of the door bit force. >> she was transported as i understand it outside for ear drum related issues, likely overpressure from she did hav

the incident is being investigated by a few entities, cal osha and san francisco district attorney's office looking into whether there was any criminal activity which led to this event. live in san francisco, kimberly terry, nbc, bay area news. >>> thank you, kimberly. one controversy after another. a tumultuous few years for b.a.r.t. now a new beginning. a new boss. today at a special board meeting -- b.a.r.t. named grace crudican as its new manager. she was the chief of the seattle department of transportation for eight years and worked for the federal transit administration under dlin clclinton. >>> a rude awakening for more than 50 berkeley families this norng w morning woke up to find their tires slashed. the worst case of car vandalism in berkeley in 30 years. who would do such a thing. more than 50 trucks and cars had their tires slashed south of berkeley north of ashby avenue and east of sacramento state. happened during the early morning hours. nbc bay area's monty francis joins us live from berkeley. do police have any idea who they're looking for? >> reporter: well, jessic

. >> reporter: cal osha is investigating to try to figure out how this could have happened. coming up at 11:00, we talk to a local scientist who will tell us what type of chemicals martin was handling and how something like this could have happened. for now, we're live in menlo park. elise kirschner, bay area news. >>> firefighters are finally getting control on the fire that erupted between l.a. and las vegas. officials were able to lift evacuation orders for about half of the homes affected. the fire started yesterday on the center divider of i-15. that's northeast of l.a. and it quickly grew to nearly two square miles. the freeway, by the way is back open tonight. >>> tea party members are fighting the california law requiring gay history be included in the education of california public schools. opponents of the fair education laws are out gathering signatures at churches, schools trying to start a voter referendum to appeal that law. the governor signed the law earlier this year. some say the new law infringes on parents' rights and tells children to respect homosexuali

. >>> today cal-osha plans to begin an investigation into a deadly gas explosion in menlo park. a scientist was mixing methane, helium and nitrogen on friday when they exploded. he died at the scene. a second worker was injured. cal-osha's investigation will include reviewing records and incoming phone calls at membrane technology and research. the company is closed. >>> neighbors said had he heard it popping sounds when a house was going up in flames. that's likely to be the focus of an investigation today. the fire was caught on video by a neighbor. it destroyed a house under construction and damaged two nearby homes yesterday afternoon. there were no injuries. >>> governor brown will travel today to san diego to talk to business leaders about a plan to boost jobs in the state. >> the jobs first program would offer more than $1 billion a year in tax relief for companies that create jobs in california and close a loop hope that benefits corporations that sell goods in california but don't employ people here. >>> president obama in the meantime is putting the final touches on hi

now, cal osha considers it still to be a crime scene and will be back here tomorrow. again, grace, we're hoping that they can figure out what exactly caused this deadly explosion friday. >> all right, stephanie in menlo park with the latest, thank you. >>> on to the east bay, that's where oakland police have just announced an arrest and they investigate two shootings that happened within a few blocks of each other on saturday. one victim was shot multiple times while driving on 73rd avenue. and he was critically injured. and police have a 25-year-old suspect for that shooting. but there are no suspects for the shooting which killed 20-year-old terrence smith on 74th avenue. >>> in the meantime, two vigils were held in oakland for victims of recent shootings. mourners marched to a check cashing store, and that's where jose esparza was gunned down a week earlier in front of his 6-year-old son. earlier, a group of mothers held a vigil to remember oakland homicide victims and their families. >>> this has to stop. so if we are the people who were the product of this enviro

cal-osha red-tagged membrane research over the weekend after friday's blast which killed a 56-year-old person who was mixing methane, helium and nitrogen when something went wrong. investigators are reviewing records and emergency calls to the facility. the building is closed. >>> it's been a rough day on wall street. stocks are down sharply amid worries about the u.s. economy and the debt crisis in europe. let's take live look at the numbers right now. you can see still down significantly down 175 points. the s&p 500 and nasdaq also down. one analyst says everyone is returning from vacation selling first and asking questions later. >>> congress returns to work today as well and a fight is expected over the best way to create jobs. president obama is readying a televised speech on the issue and as danielle nottingham shows us, republicans running for president are pushing plans of their own. >> reporter: president obama gave a preview of his jobs lana detroit challenging null get on board. >> i'm going to propose ways to put america back to work that both parties can agree to because i

cal osha will continue its investigate on tuesday. >> the cracked gas pipe blamed for an explosion and fire in a cupper teen know home was made of material that has a history of failure. the matt plastic pipe was the sum of two safety advisories and lawsuits dating back decade. a bullet continue warned of the pipes. pg&e says it will remove the pipe and begin its review of sim similar pieps statewide. >> thousands are turning out for the cannabis and hemp expo which is being held at oakland plaza. >> reporter: since isn't 1999, she's been a medical marijuana user, and it's been instrumental in her therapy. >> i got run over by a car in 1988. it helps with the pain. >> reporter: prior to her more you, she was on prescription pain killers. now she is a nurse and is an sad coe -- advocate and getting the word out for marijuana use. >> our retirees and veterans are afraid because their ms.~are challenged when they decide this is the mode of self-mid indication. >> jackson is a medical marijuana user, one of dozens of exhibitors at this third annual cannabis and hemp festival. the first yea

no past cal osha hist rye two others under fair condition tonight. >> and this hour in marin county police say morning rescue of a woman clinging to a channel marker in the bay is mcing more confusing. she was spotted this morning by people on a ferry clinging to the larks spur channel marker two. one passenger, also the publisher of mother jones magazine sent us these photos. a rescue boat was sent and mucked the woman off the marker. she says she got stranded. twin city police say the woman spent the night on the marker, probably would have died of hyperthermia had she been there all night. officers add she does not have a police record but it's a mystery, style and this is how do you not want to wake up. police say dozens of people woke up in this neighborhood this morning only to find someone slashed tires on their cars. 50 cars parked in a couple of spots off ashby avenue were affected by this. and police say this may be the largest tire slashing in the city's history. one man had all four of his tires slashed. >> this is baffling me why someone would do this. i mean, i'm -- i couldn'

cal osha investigators are looking at the possibility that the canisters were overpressurized. in the statement the company president expressed simpthink for martin's family and says, "mtr is cooperating fully with authorities and cannot comment further until reliable information is available." new at 6:00 tonight santa clara county officials released the 9- 11 call reporting a natural gas explosion at a customerino condo cupertino complex. >> do you see the flames? it's out of control. >> the owner of the condominium said she smelled natural gas before wednesday's blasted, but did not report it. no one was hurt. pg&e has its crews found six more gas leaks in that area. the utility says pipes in the area are meadow an older plastic that can get brittle over time. the utility told us today that those leaks have been repaired and it will replace all of the pipes on an expedited way. so listen to the entire 911 call from cupertino, go it our website, ktvu!n firefighters say they found a man dead inside a burning apartment in san francisco just before noon today. our crew got this

the building inspectors from menlo park have red tagged the building and cal osha considers it a crime scene. there are red tags on all of the doors of this menlo park building and it will remain through the holiday weekend. an indication of the unknown extent of the damage from an explosion here friday afternoon. >> a very big boom. just one single boom. that's all i heard. >> reporter: the blast came reportedly as researcher adrian martin mixed three gases, methane, helium and nitrogen for a laboratory project here at membrane laboratory and research in menlo park and one of the tanks ruptured according to the fire department protection chief and killing martin and tossing a female scientist in an adjacent corridor. >> she was basically near the door and the pressure from the explosion, almost blown her out of the door, which is a good thing because it knocked her out of the laboratory. >> some workers were rushing in to help. >> reporter: some had the where.all to secure the area, and they drug the individual from the laboratory and addressed the person who was blown clear of the la

>> cal-osha will take the lead on the investigation. now, because of the damage inside, they are red tagging the building, and that means nobody can get back inside until monday at the earliest. in menlo park, don san -- sanchez, abc news. >> thank you. >>> we have breaking news from san francisco. police are investigating a hit-and-run accident that happened after 10:00 in the south of market area. officers say a car hit a pedestrian at huh thon before taking off. -- uh thorn before taking off. the victim was rushed to hospital with serious injuries, from what we understand. the suspect's car likely has front end damage. >>> to southern california where a fast-moving wildfire forced the evacuation of hundreds of homes. the fire has i don't know to more than 1100 acres and it is threatening million-dollar luxury ranch houses. two mobile homes have been destroyed. 1500 homes are still under evacuation orders right now. the fire is just 20% contained. it started in the center divide of interstate 15 in the cajon pass and close -- closed t

fire investigators and cal osha will be reviewing the company's records and calls to the facility this week. >>> now to a story one east bay family is going to be telling for a long long time. the mccarthys, we talked to cc and dillon today. they were staying at their west lake tahoe cabin but, in the middle of the night, they were awakened by a honking horn. they looked outside. they saw a bear inside their car, apparently searching for food, but what he found instead was the car's parking brake. >> all of a sudden we look out the window again and the car is gone and the bear is down the drive, we have this steep driveway coming out of our cabin, down the driveway across the street. >> the bear totaled the toyota prius. he did get out and run away. top, this is a new prius parked in their garage, and, well, that's their cat. no word on whether he is looking for a joy ride. >> i think the cat was going far away from that bear. even on a mission. >> lessons? lock your car. >> yeah. take the keys. >>> well the summer travel season may be winding down but there are plenty of bargains to b

fire investigators and cal osha will be reviewing the company's records and calls to the facility this week. >>> a san jose family has been displaced by a one alarm fire. the call came in just before 1:00 this morning or a house on cunningham lake court. a teen a ager and her cousins got out safely. no adults were home. the flame started near a hallway air conditioner, but investigators do not think the unit was the source. >>> prop 8 sponsors will be back in court tomorrow, asking the state supreme court whether they can appeal the federal court ruling that overturned the voter approved ban on gay marriage. depending on the justice's ruling, expect it in about 90 days, the sponsors can then take their case to a federal appeals court. >>> well, gude news for bike riders, bad news for pedestrians. the west sidewalk span the golden gate bridge will reopen this week. that means cyclists who have been sharing the pavement with pedestrians on the east side will get their own lanes back. that should alleviate a lot of congestion. unfortunately, next week, pedestrians crossing the bridge will

cal osha tells us the building site on 3rd street has not had any previous accidents or safety violations. >>> later this morning, animal rescue crews will try to help a wounded duck in santa clara who became the latest victims in a shocking case of animal abuse. yesterday we spotted this duck with a six-inch blow gun dart in his head at the marina playa apartments. people live there say as many as five bird vs been pierced with darts since last week. they say one of the ducks was shot multiple times and died from its injuries. >> it was horrible. it looked like a porcupine, it had all these green darts sticking out of it and it looked like it was in pain. it was just floating out there, couldn't eat, couldn't move. >> wildlife rescue of monterey is offering a $5,000 reward for information on who is attacking the ducks. today they will attempt to capture and treat the injured duck. >>> if you would like to walk across the golden gate bridge this year, you better do it soon. bridge officials plan to close part of the eastern sidewalk starting september 13th for earthquake retrofitting. tha

cal-osha will continue their investigation on tuesday. >>> thousands are expected to turn out for the third annual cannabis and hemp expo which, for the first time, is being held directly in front of oakland city hall. oakland has a long history of supporting medical mayor but some residents object to what they see as the city endorsement to the drug. >> reporter: since 1991, annette has been a marijuana user, instrumental, she says to her therapy. >> i got run over by a car in 1988 and in constant pain. >> now she is one of those here at the medical tent. as a nurse, she is all for getting the word out for legal marijuana use. >> especially veterans, the elderly, they are very afraid because their monies are challenged when they figure out this is a mode of self-medication. >> jackson is also a marijuana user. she is one of the dozens of exhibitors here at the expo. this is the first year it has been held on the steps of oakland city hall and organizers say they hope it is the place to go for pot tourism. >> oakland was the first to pass proposition 13 and we have a school and museum

cal osha is continuing the investigation tomorrow. >>> politics now, mitt romney's debut on a tea partyn nph got off to a rocky start. 200 people watched the former massachusetts governor speak during a tea party express rally. 25 protestors showed up and said his message to tea party is not genuine. their biggest can complain was the healthcare plan that he helped pass as massachusetts governor. >> when it comes to less government, what the tea party stands for, how could you possibly explain that with romney care. it doesn't even compute. >> but other tea party members in attendance say they don't know enough about his mission to dismiss the former governor as a personal tea party backer. >>> sarah palin's potential candidacy remains a big question mark in the 2012 field. a potential run wasn't something the former governor of alaska addressed in iowa on saturday however, she did say there is still more room in the already crowded republican field. >> i hope it will happen. i don't have that information but hoping for that in the future. >> instead of talking about her own plans, pali

cal osha is investigating. the construction company has a clean record. >>> investigators in couper there are the aerial shots. pg&e crews called in to check lines and shut off gas service to customers in the surrounding area. good news no, one was h hurt. >>> and dozens of people woke up in south berkeley to find someone had slashed the tires on 50 cars. police say this may be the largest tire slashing in the city's his tore arery. a local tire shop is fixing them at a discounted rate. patrols are being increased in the neighborhood. what a shame this is. how frustrating for those folks when they woke up this morning. >> sandhya patel in for spencer christian tonight. >> warming up again. >> warming up again. a phrase you haven't heard much this summer. this time around we will give you beach weather. >> i don't have any time off to enjoy the beach. >> you will find some time this weekend because we will give you beach weather right through the beginning of the long holiday weekend. and then things start chang

that means it is off limits until tuesday when cal-osha begins a full-fledged investigation. the san jose mercury news hopes, quote, martin knew his work was not as safe as it should be. >>> people with plans to hit the beach are being warned about the potential for high surf conditions. the national weather service extended the high surf advisories on the california beaches through sunday night. it is a thrill for surfers at ocean beach, but the big swells can be dangerous. the rough surf was formed in new zealand where it is now winter. high surf forced officials to close two southern california beaches. a spokeswoman for orange county parks says waves damaged a boardwalk and some steps at capistrano beach in dana point. they crashed on to the parking lot of aliso beach. let's get the latest from leigh glaser. some dangerous conditions out there this holiday. >> absolutely. the advisories are in southern california, no advisories in bait area here. a lot is being generated from what we call the southern hemisphere swell. it is pushing up and affecting our south facing beach

. >>> today cal-osha will start investigating a gas explosion at membrane technology and research. a scientist who was mixing several gases died after the blast on friday. >>> all right. around the bay area today, we are starting out with some patchy dense fog early on. the sun is coming up on what looks like a hot one outside. we'll send the temperatures up near maybe just over 100 degrees toward the afternoon in the valleys. out the door visibilities down to a quarter mile in the napa valley so watch out for that, even drizzle at the coast. low clouds extending into the bay, partly cloudy in some of the valleys. this afternoon, nothing but sunshine inland. those temperatures getting hot. triple digits a real possibility late in the day. sunshine inside the bay. 70s across much of the area, some 80s and 90s in toward the san jose area and 60s at the coast. now, looks like the low clouds and fog have surged back into the bay overnight but really just compressed the layer on the surface. high pressure overhead is going to crank up those temperatures as we head toward the afternoon.

cal osha will ten its investigation on tuesday. >>> thousands of people are expected to turn out for the second day today for the third annual international cannabis and hemp expo, which, for the first time, is being held directly in front of oakland city hall. oakland has a high history of supporting mlb mariner, but some residents still object to what they see as the city's endorsement of the drug. >> reporter: since 1999, lynette middleton has been a mlb mariner user. she said it's been instrumental in her therapy. >> i got run overpy a car in 1988. it helps with the pain. >> prior to her mariner use, lynette was on prescription painkillers. now she's one of the attendants at this mlb tent. as a nurse jackson is an advocate about getting the word out about legal mariner use. >> especially our elders, retirees, veterans. they are very afraid because their moneys are challenged when they decide this is the mode and method of self medication. >> jackson is also a mlb mariner user. she's won of dozens of exhibittors at the third annual cannabis and hemp expo. it's the first year it's

cal-osha is investigating the cause of the explosion. >>> a shake-up at yahoo. the ceo has been fired. carol bartz had a rocky 2.5 years at that company. she reportedly sent an email to employees today said that the chairman of the board fired her. the chief financial officer tim morse is interim ceo. the departure was first reported by the "wall street journal's" technology blog. >>> the future of a brand-new elementary school in the east south bay once again in limbo. even though it's ready to open, there aren't enough kids to fill the classrooms. ann notarangelo is in brentwood to explain why. ann. >> reporter: dana, mary casey black elementary school isn't the neighborhood school yet because there isn't a neighborhood. right across the street we do have some homes under construction, but if you go across that street, you see just an empty lot. >> we moved up here from san jose strictly for the schools. i still commute to san jose but we moved up here for the schools. >> reporter: john baker's house is within walking distance of mary casey black elementary sc

cal osha will ten its investigation on tuesday. >>> thousands of people are expected to turn out for the second day today for the third annual international cannabis and hemp expo, which, for the first time, is being held directly in front of oakland city hall. oakland has a long history of supporting medical mariner, but some residents still object to what they see as the city's endorsement of the drug. >> reporter: since 1999, lynette middleton has been a mlb mariner user. she said it's been instrumental in her therapy. >> i got run over by a car in 1988. it helps with the pain. >> prior to her mariner use, -- prior to her marijuana use, lynette was on prescription painkillers. now she's one of the attendants another this marijuana tent. as a nurse jackson is an advocate about getting the word out about legal marijuana use. >> especially our elders, retirees, veterans. they are very afraid because their moneys are challenged when they decide this is the mode and method of self medication. >> jackson is also a mlb marijuanalp user. she's one of dozens of exhibitors at the third annu

that is the word from cal-osha which is investigating the blast. friday at membrane technology and research on willow road. a lab worker died when a gas cylinder he was working with ruptured. the exact cause is unknown. >>> five state lawmakers will hold a news conference in sacramento this morning to urge governor brown to sign their gas pipeline safety bills in response to the deadly explosion and the fire that devastated a san bruno neighborhood one year ago this week. federal reports describe the litany of failures by pg&e that led to that disaster. >>> and authorities believe the suspects in the murder of a fort bragg councilman may have been involved in other mendocino county murders. jere melo was shot with a rifle while patrolling private forest land. 35-year-old aaron bassler is suspected of the murder. he is also being investigated in connection with the unsolved murder of a couple in jenner in 2004. >>> a drink a day could keep the doctor away. >> plus, it's a traditional chinese delicacy. how a ban on shark fin soon is another step clos

seaworld went ahead and contested that violation and applied political pressure to get it withdrawn and cal oshaorld. now the interesting thing is what they withdrew was the conclusion that if things don't change, eventually, somebody is going to die in the killer whale pool at seaworld and seaworld he reacted very strongly to that and said you don't know what you're talking about you know nothing about he safety issues concerning marine mammals in captivity. we are the experts. we are safe. then of course, four years later, dawn brancheau died. >> and video of her death has not been played it court yet. do osha's attorneys still intend to show it? >> they won't say whether they are going to show it or not. my guess is that they will, but i don't know. once that video does get shown if it is shown it is then available for distribution by foya. i hope that anybody who shows the video on the air will edit it and blur out many parts of it, because from what i am told, it is quite brutal and from reading the autopsy report and other accounts of dawn's death, this whale really rammed her very hard. >

seaworld went ahead and contested that violation and applied political pressure to get it withdrawn and cal oshaogized to seaworld. now the interesting thing is what they withdrew was the conclusion that if things don't change, eventually, somebody is going to die in the killer whale pool at sea world. and sea world reacted very strongly to that and said, you don't know what you're talking about. you know nothing about safety issues concerning marine mammals in captivity. we are the experts. we are safe. then of course, four years later, dawn brancheau died. >> and video of her death has not been played it court yet. do osha's attorneys still intend to show it? >> they won't say whether they are going to show it or not. my guess is that they will, but i don't know. once that video does get shown if it is shown it is then available for distribution by foya. i hope that anybody who shows the video on the air will edit it and blur out many parts of it, because from what i am told, it is quite brutal and from reading the autopsy report and other accounts of dawn's death, this whale really rammed her