i talked to david wagner who said if they lose here tonight they'll appeal but there is something like 30 days to do that. if mirkarimi is reinstated i heard from an activist they'll start a campaign. at 6:00 you'll hear some of the testimony. >> this sounds like it not over yet. >> tourists got to see something they did not expect. rescue of an injuried sea sea lion. there is one team responded but couldn't help until they shot it with a tranquilizer to slow it down. they then sneaked up on it and. >> if those get into the ocean they're deadly. because... these guys are real curious. they'll trook take a look then they get it on like a collar. >> they can choke to death on these straps. sea lion will be evaluated by veterinarians before released back into the sea to rejoin its buddy autos the president is back on the campaign trail tonight fresh from a trip to san francisco. the president left the bay area this morning with $4 million added to his stash there is a rally at ohio state university urging supporters to get out the vote and directed them to buses to give them rides to earl

motions that are sustained and motions that are denied by the court and to that except i think david wagner was absolutely correct ten minutes ago when he recommended to you that the summary report that you are giving to the board of supervisors should specifically state what you denied in finding regarding the mayor's charges. and to that extent, your previous minutes should have alerted the public that you were going to get to the point that you weren't going to include in the recommendation going to the board of supervisors what you threw out because most courts will tell you what they sustained and what they denied. you should have told us about that in your earlier meetings. it's the kind of unethical behavior that san franciscans have grown accustomed to seeing from this ethical body. >> three minute intervals, how great. still paula caney and now i'm not talking as me. i am talking as eliana's lawyer and what she is question me to communicate to each of you is her dismay of the commission's finding that her testimony was not credible. i know that you each have reasons why you are goi

. >> attorney david wagner represented mirkarimi. >> the punishment does not fit the crime. >> and the mayor never alleged he committed official misconduct in performance of duties. >> and david hsu hopes they'll take the vote but if they don't they can vote next week. if they don't vote next week he is reinstated as sheriff. his attorney told me if they lose vote they'll appeal to court and one activist told me if reinstated there are groups that will launch a recall. the latest here is that the public testimony continues. >> and this goes on. thank you very much. new developments in a controversial shooting of an oakland man. the district attorney says it will not file criminal charges against the police officer who shot and killed blueford in self-defense during a foot chase. blueford allegedly pointed a gun but never fired it. the death prompted many protests. family members demanding the police department release reports on the shooting. >> a school crossing guard protecting her son when it happened. the 47-year-old suffered two broken legs, five broken ribs and a broken neck. and

>>reporter: attorney david wagner represented mirkarimi. who sat in a corner of the chambers listening intently. >> punishment does not fit the crime. mirkarimi didn't commit misconduct while in office. mayor has never alleged that mirkarimi committed official misconduct in the performance of official duties. >>reporter: vick lee, abc 7 news >>> and new development tonigh in the controvsial officer involved shooting of oakland man that generated so many protests. alameda county district attorney office says it will not file criminal charges against the police officer who shot and killed 18-year-old allen. prosecutors say oakland officer miguel shot and killed allen in self-defense during a foot chase back in may. they say that he int add again at the officer but never fired i hideath pmptemany protest family and community members demanding that the police department release reports on the shooting. >>> school crossing guard who was seriously injured by speeding car this morning was protecting her son when it happened. 47-year-old woman suff

david mercer with a serious head injury. no charges will be filed. the case is now closed. fox 5's paul wagner has the story. >> reporter: last july 12th around 10 p.m. political consultant david mercer walked into this 7- eleven where he apparently got into a dispute with one of these men. law enforcement sources say mercer may have thought one of the men stole something from him and he reached into the man's pocket to retrieve it. as the men left the store, the dispute apparently got heated. this is what police had to say in the days after the incident. >> i can say at this point in time this is not a random assault. we do not believe this involved a robbery, but there was a dispute between the complainant and another individual and it turned physical at some point. >> reporter: when mercer left the 7-eleven, law enforcement sources say he was hit once in the face and fell backward hitting his head. the man who threw the punch claims he was defending himself. at mercer's capitol hill home today there was no answer. his next-door neighbor darrin howell says he hasn't seen the consultant since