with cal osha when they arrive. the area is covered and there are signs warning people not to step there. we will continue to follow up with cal osha, christian captain ktvu channel 2 news. >>> a state inspector say it could take three to four months into a separate and deadly cave in. a 12-foot trench collapsed and no permit was issued to build a deep trench. no fines or charges have been filed yet against the contractor. >>> time now 5:32 there was gunfire in oakland. a taco truck worker exchanged gunfire with two people who tried to rob him. the victim was shot three times but is expected to survive. one of his attackers was also wounded in that gun battle. claudine wong will have a next report. >>> a teen with special needs is the focus of a continuing search. live in red wood city, this is where the teen was last seen just two days ago. >> reporter: he attend classes here at the college but sometime around 11:30 yesterday he simply disappeared and friends and authorities are quite concerned about him because he

cal-osha trying to determine if they have jurisdiction to investigate the incident further. they are trying to see if there is an employer-employee relationship even though the contractor was a friend of the homeowner's. if they don't have jurisdiction, the local police may take over. reporting from brentwood, gil diaz, cbs 5. >>> we're updating that story now. we just got off the phone and cal-osha just confirmed that the accident is in their jurisdiction soole this take over the -- so they will take over the investigation. >>> state investigators are investigating a fatal trench collapse another one this one in milpitas. 39-year-old carpenter raoul zapata died saturday after he was buried in a 12-foot trench there. the project did not have the state permit required to go deeper than 5 feet. san jose "mercury news" reports that three days before the collapse, the city of milpitas ordered the work stopped but workers said they didn't know the order had been issued. >>> a convicted killer may have a new lead in the case of a missing little girl from the bay area. someone kidn

frozen aside from taping it off to preserve the scene for cal osha investigators.od will keep people out of that 10-foot deep trench and there is evidence everywhere of that long and difficult rescue. >> reporter: the collapse happened at 530 yesterday, an 0 oakland man was working when the sides of that trench collapsed in on him trapping him up to his chest with wet clay like mud and by 8:30 finally they were able to pull the man free. >> they removed by hand of all the dirt around the victim. [applauds] >> now you can hear the crowd cheering by the time they rescued him, they were cheering. coming back to alive shot, obviously we were not here at the time of the accident but we learned there was no plywood in that 10 from the deep trench at the time of the collapse. it is not clear if the man was hired by the homeowner and that's part of what the investigation will be looking at here once cal osha arrives and we are waiting to find out more about the course of their investigation. for now live, christian captain, ktvu channel 2 news. >>> it could takes months to

just concerned about what was going on. >> reporter: a cal osha investigator stopped by this morning to talk to the homeowner. the relationship between the two men makes it tricky. a spokeswoman said if there is an employer-employee relationship, osha gets involved. if it is a family project the agency does not investigate. the victim is still in the hospital. he's expected to be okay. a hospital spokesman said he was not feeling like talking to reporters this morning. >> i understand he's going to be fine. their only concern ever was about the person in the trench. all this other stuff is just stuff. >> reporter: the cal osha investigator just removed these boards. now you can get a better look it is dark in there hopefully you can get a sense of the depth of the hole. the homeowner has not responded to our calls for comment. neighbors tell us they had some sort of a blockage in their sewer pipe and that's ç trying to get to. amy hollyfield, abc7 news. >>> oakland taco truck owner and his would be robber are both in the hospital after they do into a wild shootout overnight. terry mcs

just concerned about what was going on. >> reporter: a cal osha investigator stopped by this morning to talk to the homeowner. the relationship between the two men makes it tricky. a spokeswoman said if there is an employer-employee relationship, osha gets involved. if it is a family project the agency does not investigate. the victim is still in the hospital. he's expected to be okay. a hospital spokesman said he was not feeling like talking to reporters this morning. >> i understand he's going to be fine. their only concern ever was about the person in the trench. all this other stuff is just stuff. >> reporter: the cal osha investigator just removed these boards. now you can get a better look it is dark in there hopefully you can get a sense of the depth of the hole. the homeowner has not responded to our calls for comment. neighbors tell us they had some sort of a blockage in their sewer pipe and that's ç trying to get to. amy hollyfield, abc7 news. >>> oakland taco truck owner and his would be robber are both in the hospital after they do into a wild shootout overnight. terry mcs

cal-osha har su propia indagacion.. encontramos una situación en donde el patrón sabía que existía un peligro y lo ignoró, tiene multas máximas de 70 mil dólares por violación.. raul zapata deja a una esposa y 3 hijas de 10, 18 y 20 aÑos en su pueblo natal de estacin gutierrez, zacatecas.. s.o.t. karla 2 4:00 en california no importa su estado de estado de inmigración o de ciudadanía, si trabaja en caifornia la ley proteje.. rdr ---la policia de richmond pide la colaboracin del pblico para dar con el o los responsables de violar y golpear brutalmente a una anciana el fin de semana sobre la avenida san pablo... y ofrece una recompensa de 10 mil dolares por informacion. ---el sabado por la maÑana, la mujer de 81 aÑos y de origen asiatico, fue encontrada tirada afuera del asilo donde vive, pero la policia calcla que estuvo herida por varias horas antes. ---de acuerdo a las autoridades, la victima acostumbraba a salir a caminar entre 5 a 6 de la maÑana todos los dias. ---si usted cree tener informacion sobre este delito, co

we can tell you that a cal/osha worker arrived on the scene. he took a look and took photos of the ditch which is now covered, to prevent anyone else from falling in the trench. otherwise, the scene is very much like it was last night, including the iv bag that was used to keep the worker hydrated. a cal i o-- a cal/osha investigator arrived. they met with the homeowner. neighbors say the homeowner is aaron. >> air von a great guy. the guy doing the work -- aaron is a great guy. the guy doing the work is considered family. >> reporter: neighbors say the 50-year-old oakland man was trapped you under hundreds of pounds of thick, wet, clay-like mud. >> we couldn't see his body. we could only see his head. we have to give him oxygen to keep him alive. >> reporter: finally, about 8:30, rescuers freed the man to the cheers of the crowd that had collected. >> reporter: rescuers say the man complained of injuries to his neck, held and chest. he was taken to john muir. neighbors are just happy he survived. >> it's all good. it's all positive. it's a hap

cal/osha is being called out to investigate. an inspector could check out the scene as soon as today. >>> several robberies and attempted robberies on the uc berkeley campus are under investigation this morning. tara moriarty is there to tell us what campus police are telling us they are doing to make sure there's safety. >> reporter: they say they are adding plain clothes officers and also beefing up patrols around campus. we did speak to officers who say this is a great reminder to folks to tell them they are aware of the surroundings. if we fake a look at the daily californian, there's a map of where these robberies are happening. it's in south side. this is berkeley in the yellow. and all of these boxes right here are robberies. three of them look like they are armed robberies. so again, campus police are saying that they want you to make sure of your surroundings. if we take a look at the map of the south side, this is the streets we've been talking about. >> reporter: six of these incidents happened, stretching from athert

cal-osha says this is a pretty serious infraction. but it's still in the initial phases of the investigation. it's expected to take anywhere from 3 to 4 months to complete. now, this is on top of another infraction that we learned about a couple of days ago. apparently the contractor out of fremont was doing this construction in violation of a city stop work order. they issued that order on wednesday before and then workers went to work on saturday in violation of that. according to the "mercury news" the workers didn't know there was a stop work order in place and it's unclear who ordered them to work so there's a lot of things being investigated at this point by cal-osha. >> i guess. a lot of things to sort out. matt bigler from kcbs radio thank you. >>> pg&e is admitting it failed to check gas lines for leaks over a large area of california. the utility is appealing nearly $17 million in fines for misplacing 126 pipeline maps. without those maps pg&e couldn't inspect those lines. now pg&e says pipelines on 46 more maps haven't been

cal-osha har su propia indagacion...t. 4:40:00 si encontramos una situación en donde el patrón sabía que existía un peligro y lo ignoró, tiene multas máximas de 70 mil dólares por violación.. raul zapata deja a una esposa y 3 hijas de 10, 18 y 20 aÑos en su pueblo natal de estacin gutierrez, zacatecas.. s.o.t. karla 2 4:00 en california no importa su estado de estado de inmigración o de ciudadanía, si trabaja en caifornia la ley proteje.. cu - peluffo outro si gusta ayudar con los gastos fnebres de raul zapata, puede acudir al banco wells fargo y dar la informacin que aparece en pantalla.. csar, regreso contigo.. cu ---hoy comparecio ante un tribunal de la ciudad de oakland el adolescente de quince anos de edad take vo ---acusado de asesinar a sus padres adoptivos la semana pasada... ---el menor fue instruido de cargos por presuntament e haber dado muerte a robert kamin y susan poff, quienes lo adoptaron cuando tenia nueve anos de edad... ---la fiscalia planea juzgarlo como adulto ya que consideran el delito como muy gr

cal osha does not typically investigate family projects. the city says there is no permit for the job. >> the construction company in charge of a milpitas site where a carpenter was bury add live is facing new allegations of misconduct officials say they did not have a permit to build the home where the man was working when he was killed. the 37-year-old died saturday morning in a trench when soil around it collapsed. officials say no one should have been working at site because a stop ork order had been issued just three days before the accident. >> and a medical center saved severe penalty as the result of a patient death. california department of public health says the facility failed to provide proper respiratory care to a resident in and the hospital has to pay a $100,000 fine, the highest the state can impose in this case. >> the fire storm around the susan gkomen breast cancer charity is growing tonight. after announce it was ending grants to planned parenthood, people started pulling their support, support going now to planned paren

and cal/osha could fine the contractor as much as $7,000. reporting live in milpitas, nbc bay area news. >> okay. thank you. >>> it was an unspeakable acts and an unlikely suspect. tonight a teenage boy faces murder charges after allegedly confessing to the murder of his parents in oakland. moses kayman appeared in court today. the 15-year-old boy faces two counts of murder and will be prosecuted as an adult. he's accused of strangling both of his adoptive parents, mother and father, to death and trying to burn their bodies inside the family's parked car. an attorney for the accused teen is expected to enter a plea for his client tomorrowrouring a hearing. >>> new tonight at 6:00, it's a sign of the times. be careful what you tweet. a richmond police officer is in hot water tonight after posting a questionable message on twitter. the police department had to block comments to its own facebookage after b ei flooded with angry posts about the officer's alleged tweet. richmond police sergeant mark rude wrote, "i would go after them with both gu

this morning cal osha is investigating how a man got trapped in a trend. for more than three hours last night. rescuers pulled him out alive. alan wang reports. >> reporter: after more than three hours of constant digging crews pull the man from the collapsed trench that almost became his grave. >> the danger you have the weight of this dirt, the dirt is heavy, muddy clay, it is not light from a beach or something. >> reporter: firefighters say the 50-year-old man from oakland dug a trench 10 feet deep working on a residential sewer line, 12 feet long and 30 inches wide. it est appear he a shoring surprise to secure the walls of the trench. 5:30 the damp earth collapsed around him. he was buried chest high. the temperature outside was dropping. rescue workers began digging while monitoring his vital signs. they used plywood to shore up the trend: a crowd of people gathered to watch the -- drama unfold. a neighbor says the man was working on his friend's sewage line. several residents had problems in the past. >> i can tell you the trees in front of some of

cal-osha has been notified, and we've sealed off the scene, so a cal-osha inspector can come out and look at the work. >> reporter: the homeowner did not want to talk with us again, as you heard the fire chief saying, cal-osha is planning to come out and investigate what happened here. i'm told this trench was 10 feet deep. the man was trapped for more than three hours. we watched as firefighters shored up the side. they borrowed wood from the neighbor's house to get the sides shored up. they used buckets and hands to remove all of this dirt. early on, throughout this ordeal, we saw the victim actually using his hands to remove dirt and put it in a bucket. there were firefighters obviously trying to keep him responsive. and make sure he didn't lose consciousness. but again, a very happy ending to what could have been a tragic situation in brentwood. >>> tonight, richmond police are investigating a shooting that left within man with a bullet wound in the back. police say he showed up around hilltop mall around 4 this afternoon. according to officers, the man said he was driving on hil

cal-osha has been notified, and we've sealed off the scene, so a cal-osha inspector can come out and look at the work. >> reporter: the homeowner did not want to talk with us again, as you heard the fire chief saying, cal-osha is planning to come out and investigate what happened here. i'm told this trench was 10 feet deep. the man was trapped for more than three hours. we watched as firefighters shored up the side. they borrowed wood from the neighbor's house to get the sides shored up. they used buckets and hands to remove all of this dirt. early on, throughout this ordeal, we saw the victim actually using his hands to remove dirt and put it in a bucket. there were firefighters obviously trying to keep him responsive. and make sure he didn't lose consciousness. but again, a very happy ending to what could have been a tragic situation in brentwood. >>> tonight, richmond police are investigating a shooting that left within man with a bullet wound in the back. police say he showed up around hilltop mall around 4 this afternoon. according to officers, the man said he was driving on hil

they have contacted cal osha, in case this turns into a work-related accident. we're live in brentwood tonight. >> george this, is an amazing story. one question for you, who discovered him in that trench? did he have a cell phone? did he scream out for help? who discovered him? >> reporter: i think we understand that neighbors in the area called 911, when they realized what was going on. lucky for him, someone heard him. >> very good. george kiriyama reporting tonight. >>> that had a happy ending. but cal osha and milpitas police are investigating an accident that killed a worker in milpitas. the city had issued a stop order before the weekend. the man was buried when the trench collapsed and engulfed him in mud. all building has stopped in that construction site on calaveras ridge. >>> new tonight at 11:00, does he hold the key to a decades' old cold case in the disappearance of a 9-year-old haywood girl. a letter he wrote is rekindling a mother's misery. cheryl hurd joins us live in hayward with more. cheryl? >> they have been working on this case for a very

cal osha says the contractor should face severe fines. >> they could go up to $75,000 for penalty. >> reporter: lu said it had no contact with them. zatatas' family and friends say, they want justice. >> i don't know why they would continue to let him work if it was an unsafe environment for him. >> reporter: cal osha will be speaking to the attorney's office on whether criminal charges will be filed. >>> a high school in san francisco are telling parents to keep their kids at home tomorrow because of the stomach flu. st.ignacious says 140 students either called in sick or went home sick. tomorrow the entire building will be cleaned and sanitized. classes are set to resume on thursday. parents are also being asked to keep their child home for 72 hours after symptoms seize. >>> and your daytime highs today on the cool side. a lot of clouds moved in. 58 in napa, 57 in vallejo. slightly warmer tomorrow. we're going to start with lots of low clouds and fog. when you wake up 49 in napa, 49 in santa rosa. not freezing but chilly. patchy fog, high clouds moving in overhead. some where around

cal osha says the contractor should face severe fines. >> they could go up to $75,000 for penalty. >> reporter: lu said it had no contact with them. zatatas' family and friends say, they want justice. >> i don't know why they would continue to let him work if it was an unsafe environment for him. >> reporter: cal osha will be speaking to the attorney's office on whether criminal charges will be filed. >>> a high school in san francisco are telling parents to keep their kids at home tomorrow because of the stomach flu. st.ignacious says 140 students either called in sick or went home sick. tomorrow the entire building will be cleaned and sanitized. classes are set to resume on thursday. parents are also being asked to keep their child home for 72 hours after symptoms seize. >>> and your daytime highs today on the cool side. a lot of clouds moved in. 58 in napa, 57 in vallejo. slightly warmer tomorrow. we're going to start with lots of low clouds and fog. when you wake up 49 in napa, 49 in santa rosa. not freezing but chilly. patchy fog, high clouds moving in overhead. some where around

we requested that time information from california's occupational and safety administration or cal osha. that's the agency that inspects the lift. and we were told it would take a month. and would need outside resources from outside agencies. >> our role is to make sure that the ski lift is operating correctly. >> reporter: cal osha says they're job is to make sure the lifts are up to code. they don't set standards. >> the resorts need to address with their manufacturer, how do you make that modification to safeguard a smaller frame person or a larger frame person. >> reporter: but dave byrd says that's not possible. >> there's not a one size that fits all. >> reporter: do you think there should be? >> no. i don't think there should be. >> reporter: why? >> because you have different ski lifts at different heights at different location and different types of terrain. different -- serving different parts of the mountain. >> reporter: instead, he says it's the responsibility of the skier or snowboarder, no matter the age, to be safe on the mountain. >> we do our job here at the resort to

cal osha is being called to investigate the cave in. >>> while building a home in milpitas, a trench collapsed killing a man. they ordered construction to stop last month due to concerns over the rains and no fines or charges have been filed against that contractor. >>> well a search begins for a missing college student who is mentally disabled. he was last seen after leaving class in red wood city and has not contacted his friends or friendly ever since. take a look at the screen, there is a picture of him. he is wearing a black and white sweatshirt with gray baseball shorts. >>> he had with win ramos is expected to take the standing as a witness for the pro prosecution. he is accused of killing tony balogna and his sons michael and matthew bologna while driving home in 2008. he mistook them for rival rang members. >>> a court in san francisco will decide whether to release a landmark. in that fit fall trial, they declared him unconstitutionalel. the they the said yes should be mid-public. >> 21 yays, 21 nays. >> a bill to legalize same sex marriage has cleared in washington and the

. >>> cal osha is investigating how an east bay man got trapped in a trench for more than three hours in brentwood. rescuers pull the oakland man out alive around 8:30 last night. he been working on a residential sewer line when the dirt around him collapsed. the man was buried up to his neck. offs say it does not appear he had a shoring device to secure the walls of the trench. it was conscious when he was pulled out and is being treated in walnut creek. >>> new development in the buried alive case in milpitas. cal osha says the contractor building the home where a carpenter died did not have a permit to dig a deep trench. 39-year-old raul zapata of hayward die. days earlier an inspector ordered work halted. a spokesperson says the permit violation is serious. city and state authorities have forbidden any building until the investigation is finishedded that could take six months. >>> -- this morning a federal appeals court in san francisco is expected to decide whether to release courtroom video from the 2010 prop 8 trial. last september a judge ordered the tapes of the legal showdow

he was an undocumented worker from mexico and cal osha says that will have no bearing in this case. >> the law protects all workers regardless of where they come from. regardless of status of the person so. it's important that everyone understands that they have the right if they're working in california they have the right to work in an area that is safe. >> and a 5800 square foot home is being built at that site. the contractor has not commented. >> walnut creek bar owners talking about twiz keep the weekend under control there after more fights and violence broke out saturday night. this afternoon, laura anthony has the story. laura? >> the bar owners planned this meeting before this past weekend. this incident certainly added urgency to the efforts. about a dozen owners and managers attended the meeting this comes one day after the mayor and police chief announced they may push to reduce hours of late-night establishment that's prove to be trouble spots over the weekend there were three separate incidents. and in one case, police excuse me, had to use pepper spray of 15 men outsid

they are grieving and cal/osha is investigating. >> this is the situation has tha has nothing to do withmmigration status. they have the right to work in app area that is safe. had a has the sufficient protection in order for them to work safely. >>reporter: the top building inspector for milpitas says building permit for the 5800 square foot home was issued in august of last year. there were a number of inspections including one on january 17th in which the contractor was given a correction list. on wednesday the city issued a stop work order and on saturday the unsafe conditions proved deadly. members of the building trade are outraged. >> it's clear that this person had no regard for their employees. to continue a job after getting a stop notice like this the was just absolutely appalling. >>reporter: general contractor on the permit application is u.s. sign investment ink with richard lou as ceo and president. he list a number of project around fremont including this home on washington boulevard and this one on austin street. homeowner says her friend richard lou is a well respected

. >> this is still in effect so investigations, cal osha has up to six months to complete. >> richard has not returned our calls. there is information he may northbound china where he has business dealings. the family is preparing to return his body to mexico where he lived with his wife and three daughters. in milpitas, abc 7 news. >> and the street public utilities commission chairman will not lead the investigation into the pine line disaster by himself. today the state p.u.c. announced the commissioner and peavy will lead the investigation into whether pg&e should be fined for the disaster. he used to work for the consumer agency before and last week announcing he would have the agency's investigation into the explosion that killed eight people and destroyed 38 homes. and critics blasted the decision and others believe he was responsible for the disaster. >> and let's go to florida to talk about presidential politics. we're following results and all of the polls are closed and there is associated press declared mitt romney the winner. and fla voting officials are expecting about t

cal osha has been called and will be out here to investigate this incident. >>> this is the second person buried alive in the bay area this week. on saturday, a man was buried at a construction site. investigators are looking into that incident because the construction company involved had been ordered to halt all work at the site. >>> oakland police have released new video which the department says shows occupy protestors vandalizing city hall last weekend. here you can see people storming through the front doors. inside, people smashed displays, including a children's art installation. afterward, they took an american flag from inside the building and burned it on the steps of city hall. more than 400 people were arrested during last saturday's protest. >>> more than 20 years after his daughter's kidnapping, garecht is speaking out about the case. michaela was kidnapped in 1988. wesley shermantine, a convict on death row, says he knows who killed her. he claims, his criminal accomplice, loren herzog. >> i don't think she did it. as far as i know from what i understand, the police have b

but cal-osha is now investigating.ear-old man was trapped around 5:0last night and it took -- around 5:30 last night and it took emergency crews three hours to pull him out. it wasn't easy. he was 8 feet deep in the trench and the trench itself was 12 feet long by three feet wide. the earth that swallowed him was described as muddy clay and that muddy clay continued to shift with every movement of the rescue crews. that man was chest deep with dirt. >> he was conscious. he was able to answer questions. he was complaining of some pain to the legs. >> now, we don't know much about the man except that crews say he was from oakland. he is 50. a neighbor tells us that the man was a plumber and was a friend of the homeowner hired to fix a septic line. now, more than 50 emergency crews came to the rescue last night. some of them coming from as far away as moraga. back to you. >> thank you, gil diaz live in brentwood. >>> new admission from pg&e. it failed to check for leaks in gas lines over a large area of california. the ut

cal-osha is also looking into another accident that left a man buried in wet clay. firefighters rushed to the home last night. it took them three hours to free the worker. the man is a family friend of the homeowner who hired him. the victim's injuries were not life threatening. >>> the nfl is kicking in $200 million for the new 49ers staidument, sealing the deal for the team to move to the south bay. 9 news reporter robert handa is live with the welcome news for the team, city and some fans. >> reporter: we are at the site where workers have been all day. this loan may not mean the stadium is a done deal but supporters are certainly acting that way. >> reporter: they predict the work will soon turn into actual consideration. national football league approved a loan for construction costs that the team and the city say completes the financing. many fans are happy. >> the news the nfl is behind the product is exciting. it is almost as exciting as when davis brought the pass in against the saints. >> reporter: officials were celebrating since the original request to n

this will mean investigative team tonight because cal osha has been called up there and is expected to be here shortly to determine if there were any workplace violations. fire crews tell us that once again the victim is 50 years old and has been trent ported to john or hospital. there is no update on his condition at this hour. >> in the meantime, what an amazing effort on behalf of the rescue crews. >> police release video of occupied protesters setting an american flag on fire. demonstrators cheered as the flag went up in claims and many in the crowd chanting, burn it. this happened saturday night after they broke into oakland city hall. police say the protesters snatched the flag from inside and then torched it outside. they also released video of the break-in. protesters broke the lock and then broke glass, threw furniture and even damage the model of city hall. by the time officers arrived there were about 100 protesters were quickly dispersed. >> through this video, our intention is to identify individuals who are responsible for breaking into city hall. they will identify them

i was terminated because i spoke out to cal osha, highway patrol, places that could help us. it is your jurisdiction to make sure that the public -- as a supervisor, it is your obligation to your constituents to make sure they have save transit vehicles in your district. but do you do that? no, you sit here and you pass b.s. litigation for the big businesses, you have got to be able to take care of your own infrastructure before you can enhance it. if you cannot do that, if you cannot make a basic decision on making sure your constituents have safe, reliable transportation, there is no need to expand it. commissioner campos: thank you very much. next speaker please. >> my name is cynthia carter. i am also a wrongfully terminated driver of the sfmta due to my filing a sexual harassment charge, due to me being a whistle-blower. something needs to be done. they need to go to sfmta management and see what is going on. when you file a complaint, like i did, sexual harassment charges, i was terminated. they came after me. i was terminated within a year of filing those charges. yet,

they contacted cal osha in case this turns into a work-related accident. >> we're learning the contractor who dug out a trench in milpitas did not have a permit to dig that trench. the "mercury news" reporting that home builders need a state permit for any project that goes deeper than five feet. the trench that collapsed and buried the carpenter on saturday was 12 feet deep. the city and state authorities have banned further building at that site until the investigation into this death is complete. >> 4:37. the stunning story about the local dog walker has made it all the way to washington, d.c. congresswoman jackie spear is demanding answers after the dog walker was tased by a park ranger. she is calling for an independent investigation. gary claim as park ranger used a stun gun to subdue him while he walked two dogs off leash sunday in open space in san mateo county. the ranger claimed he gave a false name and attempted to walk away. >> a federal appeals court is expected to issue a ruling related to proposition 8. the court will decide whether video recordings of the civil trial can b

cal-osha says the builder of the home where a hayward car pen deer died -- carpenter died did not have a permit to dig a deep trench. he died in mill pea dislast saturday. they say it is serious. they have forbidden any building at that site until an investigation into the situation is finished. that could take about six months. >>> the police are looking into a new lead tonight in the 23-year-old kidnapping that drew nationwide attention. a man grabbed 9-year-old makayla joy garrett and forced her into his car and drove off. she hasn't been seen since. and now police are wondering if a death row inmate was involved in that kid p thatting. ab -- kidnapping. leslie brinkly is live at the hayward police department with developments. >> this involves several inmates. a convicted killer, as you said, on death row, is offering potential new leads in the kidnapping of makayla garrett over 23 years ago. >> they were a crime team known as the speed freak killers. hertzog hanged himself on january 16th. he wrote a letter to the stockton newspaper saying hertzog was responsible for the abduction

why cal-osha is now getting involved. plus, a critical ruling.. expected in the prop 8 battle.he debate. and dozens of people.. killed in a soccer riot. why hundreds stormed the field.. and the blame on police and military. join us for cbs 5 early edition ... beginning at 4:30. ""this was a pretty slow >>> here's a look at the weather in cities around the country today. washington, d.c., morning rain, 52. atlanta, partly cloudy, 70. detroit, 44 degrees. denver, afternoon showers there. 38. seattle, partly cloudy and 46. >>> the family of a u.s. border patrol agent killed in 2010 filed a $25 million wrongful death suit against the federal government. brian terry died in a shootout in southern arizona. two assault rifles found at the scene were traced to a controversial operation run by the bureau of alcohol, tobacco and firearms. it allowed hundreds of weapons to be smuggled into mexico in hopes of tracing them to criminal gains. >>> in health news, a controversy over sugar. some say it's just as bad for your health as tobacco and alcohol. and should be regulated in the same way

. >> reporter: cal osha did find blame and issued a fine. but her staff offered additional evidence and they believe the fine will be reduced. lastly coming back here live. i want to show you page 74 of the report where you can see photos of vince perez' equipment and how charred it was. and the coat and pants to withstand temperatures of 400 degrees, this was $700, far too hot for the equipment. >>> the san joaquin sheriff's office says specially trained dog led searchers to partially human skull. the remains may belong to chavelle weaver. a 16-year-old girl who vanished back in 1995. >>> and a second search team is excavating a well near the san joaquin town of lindon looking for more remains. shermantine and herzog were suspected of several murders and they claimed to have kidnapped 9-year-old girl from hayward michaela garrett back in 1998. rita williams spoke to the mother of michaela garrett who says she believes her daughter is still alive. >> reporter: you can just imagine what kind of a difficult day this is for the mother of missin

inspectors from cal osha are trying to determine whether a crime was committed at a construction site where a worker was killed when a wall of dirt collapsed on him. 39-year-old was buried alive in a 12-foot trench saturday and building director says the contractor u.s. was ordered 3 days earlier to stop work -- until it stabilized on site supervisor claims because language barrier, no one understood the stop work order. >>> south san francisco agreed to pay a fine and spend millions of dollars in upgrades following a pair of ammonia releases. the agreement stems from two releases if the refrigeration system back in 2009. in one instant 17 people were hospitalized. columbus will pay nearly $700,000 in fines and make $6 million in upgrades at its south city shalommy factory. to try to prevent destructive occupy protest gain traction today. judge ordered demonstrators to stay away. protesters will remain today on misdemeanor and felony charges stemming from saturday's classes. facing felony charges will also stay away from the open convention center. 400 people were arrested last weeken

but cal-osha is investigating that accident. >>> their logo boasts old- fashioned hamburgers but fast food chain wendy's is getting a stylish 21st century update. john ramos shows us the makeover for both restaurants and employees that will be coming to a neighborhood near you. >>> reporter: things are kind of slow at this wendy's in daly city. but that's not really surprising. the company that features the pig tailed farm girl on their logo has not exactly kept up with the times so around the country the temperature is testing new restaurant designs featuring new modern looks with fireplaces and loft style furniture. >> we want to create an inviting hub so we integrated fireplaces and very comfortable lounge seating which is, you know, fairly revolutionary for this category. >> reporter: they are upgrading something else, as well. their employees. the company will reinterview entire staffs including managers and keep only what they call five-star workers. >> it's a bold move. here we have a company that's the bottom of the industry, an industry that's not particularly, you know, desi

cal osha is investigating to see if proper safety protocol was being followed. they are also looking into whether the victim has a permit required for digging the deep trench. >>> for some people, there's no recession. if you work for the state of california, there's a good chance you earned more money in the past year. the state payroll increased by $500 million, even as the state cut thousands of jobs. figures released today by the state comptroller's office showed that state workers got the equivalent of a 15% pay increase because they work more days. you might recall back when schwarzenegger was governor he used three-day furloughs to save money. even though california cut about 7500 full-time jobs last year, the payroll for the state was even higher. governor jerry brown says he'll make even more job cuts in the coming months. >>> months before the social network can actually sell its stock to the public, the facebook effect is already being felt in silicon valley. let's bring in our business and tech reporter scott budman. >> the ipo market is all about in

. >> both cal-osha and police are investigating the man's death. the contractor is facing fines and potentially criminal charges. >>> who would rape an 81-year-old woman? what richmond cops want to know? they have $10,000 for you if you can help lock up her attacker. the attack early asaturday morning. the woman is a life in stable condition. police say she was sexually assaulted and badly beaten and then left on the side of a big o tire shop on san pablo. the woman lived in an assisted living home unthin tat neighbor. she takes a walk every morning. the attack took place. if you were in the area saturday morning you are asked to call richmond police department with any information that could turn out to be helpful. >>> they damaged city hall, burned an american flag stand created chaos in downtown oakland over the weekend noucht a dozen people are facing criminal charges. all part of the occupy protest in which 360 protestors were arrested. most of them were cited for failing to disperse. they have now been released. of the arraigned today, four w

cal-osha says the builder of the home where a hayward car pen deer died -- carpenter died did not have a permit to dig a deep trench. he died in mill pea dislast saturday. they say it is serious. they have forbidden any building at that site until an investigation into the situation is finished. that could take about six months. >>> the police are looking into a new lead tonight in the 23-year-old kidnapping that drew nationwide attention. a man grabbed 9-year-old makayla joy garrett and forced her into his car and drove off. she hasn't been seen since. and now police are wondering if a death row inmate was involved in that kid p thatting. ab -- kidnapping. leslie brinkly is live at the hayward police department with developments. >> this involves several inmates. a convicted killer, as you said, on death row, is offering potential new leads in the kidnapping of makayla garrett over 23 years ago. >> they were a crime team known as the speed freak killers. hertzog hanged himself on january 16th. he wrote a letter to the stockton newspaper saying hertzog was responsible for the abduction

cal-osha will investigate that accident. >>> the state is looking into saturday's deadly trench collapse in milpitas. a 39-year-old carpet raoul zapata from ywdied after being buried in a 12-foot trench. they had no state permit to go deeper than five feet. the "mercury news" reports three days before that clams the city of milpitas ordered that work to be stopped but the workers claim they didn't know about the order. >>> a rescue operation is now under way in the south pacific after a passenger ferry sank. it happened today off the east coast of papa new guinea off australia. so far rescuers have plucked more than 230 survivors from the ocean but as many as 350 were aboard when the ship went down. there were no reports of bodies found at this point. it's not clear what may have caused that accident. >>> it's now 4:32 now. video recordings of the trial of california's same-sex marriage ban may be released to the public. a federal appeals court is set to rule on that today. anne makovec is just outside of the courthouse where more on this prop 8 ruling. good morning. >> reporter: good mo

so that's very heavily regulated by cal osha for safety concerns. >> and not by the city of san franciscowe don't regulate that at all. >> that was big in the regulating world. >> you have to clean buildings. >> they're swaying it inboard. as we would say. >> the original design for old buildings were, they would open up the window and there were these two bronze hooks. and the guy would hook himself up and hang on the outside of the building, close the window and wash the window from outside, hanging off these bronze hooks. now, there's no way i would do that but they found people to do it. >> why would people use bronze? it's not just corrosion resistant, very highly corrosion resistant. >> it is a hard material. not soft like copper. >> on high rise we have cladding, this is from the outside of the building, very unusual. >> this is about four ircht incs thick. when they build this building, the bank said money is no object. so in most buildings you will see in san francisco, the veneer is 3 centimeters thick with a concrete backer. >> and then as you go up, you sort of get lower and l

cal osha will be in the construction site today looking into whether the man was a professional contractor or working privately. that collapse coming days after a carpenter died when he was buried alive at milpitas' construction site. in that case the builder did not have a permit to dig a trench deeper than five feet. the trench that collapsed on raul zapata was 12 feet deep. >>> caltrans riders will have to pay more if they pay in cash. the railway could decide today to raise fares for cash-paying riders after a public hearing happening right now in san carlos. riders who pay cash will be charged an additional 25 cents more per zone which works out to be $1.50 more from san jose to san francisco. fares would not change for clipper card users. >>> it is a preemptive strike in the battle over the 49ers' new stadium project. supporters filing a lawsuit to make sure the issue doesn't get put back on the ballot. a group called santa clara plays fair has threatened to sue claiming they don't have the whole entire story on the financing when they approved it in 2010. the city of santa clara has

cal osha found no violations but did issue a fine to the company for failing [ teen ] times are good, they, kids? it's nice having u-verse, isn't it? see back in my day, we didn't have these newfangled wireless receivers. fangled? no, we watched march madness in the living room... that's where the tv outlet was. what is he talking about? and if mom was hosting her book club that day, guess what...you missed it! we couldn't just move the tv all willy-nilly all over the house. ohh! ohh! kids today have it so good. ok. [ male announcer ] the new wireless receiver from at&t. get u-verse tv for $25 a month with free hd for six months. at&t. >>> it's like deja vu, we were just talking about this last night. a bad road trip for the sharks and it happened again. >> in reality if the sharks were say in the central division of the nhl they would be in next to last place and probably playing their worse hockey. not an exaggeration say in the last five years. losing to a team that is in the end, columbus. quick departure, he's lifted 11 shots, he gives up three goals tonight out of there. the sha

cal osha found no violations but did issue a fine to the company for failing to write procedures foroyees in the bayarea. >>> buster posey returns to the practice field. will he be ready to return? he answers that question in an unexpected way. . sometimes the door gets stuck... oh sure. ooh! [ man ] ...and then, i didn't. um... [ sighs ] [ man ] so, i got a car i can love a really, really long time. [ male announcer ] for the road ahead, the all-new subaru impreza®. ♪ experience love that lasts. okay, so who ordered the cereal that can help lower cholesterol and who ordered the yummy cereal? yummy. that's yours. lower cholesterol. lower cholesterol. i'm yummy. lower cholesterol. i got that wrong didn't i? [ male announcer ] want great taste? honey nut cheerios. want whole grain oats that can help lower cholesterol? honey nut cheerios. it's a win win. good? [ crunching, sipping ] be happy. be healthy. can i try yours? >>> it's like deja vu, we were just talking about this last night. a bad road trip for the sharks and it happened again. >> in reality if the sharks were say in the cen

. >> and now, the man culled from the trench is still recovering and if cal osha finds work wasn't done properly or according to standards, i'm told fines could be up to $70,000. and the cost that have permit from the city? about $100. in brentwood abc 7 news. >> thank you, and an accident in san francisco snarled traffic this afternoon. around 2:00 a big rig took down a muni wires at market and vanness. and no one was hurt. three cars were turn add around at 11th street and now, everything is back to normal. >> and we're learning about a wild shoot out between a taco truck operator and a would be robber, police say he was closing down his food truck around 1:30 this morning. two men approached him demanding money. he he was shot by one man when he tried to run. police say he was also packing a pistol and returned fire, hitting the 19-year-old suspect. he was robbed last month. and we're having problems with audio there. and he and the gunman are both expected to survive their injuries. second robber and a juvenile have been taken into custody. his family operate that had taco truck 17

a cal osha spokeswoman told us that the trench that collapsed on zapata was at least 13 feet deep. >>> an oakland man is said to be recovering after a trench collapsed on him. we showed you the rescue here tonight. the contractor here also did not have the required permit. the man was buried up to his chest in clay. he had been trying to clear a septic line at the time of that collapse. >>> we bring you inside facebook's headquarters for the first look since the ipo filings yesterday. >>> back here in just 10 minutes, we had a record warm day up in santa rosa. 74degrees, will it be that warm for your friday? see you back here in just 10 minutes. >>> this could have saved my son's life had he had a helmet on. >>> the message from a grie sweetheart. we need to talk. i've seen your stunts online. i can explain... jumping a ramp in a shopping cart. so 2005. wait, what? and only 3 likes? honey, it's embarrassing. carol's son got over 12 million views on that dancing squirrel video. don't you want that? i...i suppose. now go make your dad and me proud. try something funny. [ male announcer

they contacted cal osha. >> in the meantime, new information about the contractor who dug a trench thatpsed and killed a worker. he did not have a permit to dig a deep trench. home builders need a state per for the most part for projects deeper than five feet. city and state authorities banned further building at the tight until that guesscation is complete. >> here is downer news, something you should think about. a team offine cysts at ucfc says sugar is toxic. in the journal nature they say sugar alerts a biochemistry. the awe thors say sugary foods should be manned. >> i need better news this morning. >> work with us. 5:51 a. speak at some of the bowl adds. >> the new occupypr >> on the e hiring go we'll take a look coming up. wiping out flakes before they flake. selsun blue deep cleansing. never in my lifetime did i think i could walk 60 miles in 3 days. if my mom can fight and beat breast cancer, i can walk 60 miles. (woman) the fund-raising was the easiest part. people were very giving. complete strangers wanting to help. i knew someday i was gonna do this walk. if i can do this,