it says that ellis harassed a co-worker. but that the texting got way too graphic. >> the next day or day after, he sent a pretty graphic picture. >> reporter: he plans to file the lawsuit wednesday. >> it comes down to mr. ellis, in november of 2010, began a series of incessant, unwanted, text messages to my client. >> he alleges they came late at night and early in the morning. we saw some of the evidence and the graphic picture. the attorney claims it's a snapshot of ellis' private parts. >> he said what are you doing? i'm going to sleep, in my pajamas. >> reporter: the lawsuit also claims ellis accused the plaintiff of not doing her work in december 2010. he says they knew about the texting and tried to cover it up by firing her in august. >> he complained. and there's concern that we're not going to do anything to mr. ellis. >> reporter: the warriors played the kings in sacramento tonight. monta ellis did not make himself available for comment. >> thank you, cheryl. >>> keep your doors in your car locked and stay alert.

ellis' career. we just hopes this goes -- that it stops, that there's an apology, there's some compensation. >> at a news conference this afternoon, golden state warriors president and ceo rick welts denied the allegations against the team and openly questioned the motives behind the suit. >>> we live in a litigious society in which lawsuits too frequently are driven by money and not the pursuit of justice. the reputation of the warriors organization will be fought in the courts. >> he says the two had a consensual relationship and were ordered to end it by the league. so far ellis hasn't responded to the harassment allegations. >>> other headlines around the bay area, a pittsburg man is under arrest for allegedly setting more than 50 fires in contra costa county. police say thomas hartman is suspected of lighting fires at seven shopping centers in pittsburg, antioch and bay point in the past two years. investigators used surveillance footage and other evidence to link hartman to the fires. >>> inve

. >> reporter: today ktvu tracked down monta ellis where he asked him about the allegations. >> warriors, we responded already. i am just here to put a smile on their face. it's a legal matter. it will play a course. what happens what happens. >> reporter: blocks away from warriors headquarters, erika ross smith addressed the media. >> i was treated unfairly. i was let go. >> reporter: the director of community service filed a sexual harassment lawsuit against warriors point guard monta ellis. >> she feofferred if she compplined -- she feared if she complained she would be astroicized -- ostracized. >> reporter: erika ross smith's attorneys said her job description changed and erika ross smith was fired on august 5. >> they offered a bribe. they said it would be best if you resign and we will give you some money. she rejected it. >> reporter: he denied the allegations detailed in the lawsuit. >> we were made aware of a relationship between monta ellis and the plaintiff we did what an organization should do. we told both to stop promptly, directly and fairly. >> pretty hard because i knew

ellis. to the best of our knowledge he was married at the time and still is. >> attorney burton bulltoch went on to accuse new ownership of engaging in a "vast cover-up" to protect their star player and smith was fired from the warriors after she informed a human relations manager of reporters' inquiries into ellis' actions. today warriors president and coo rick wiltz also addressed the media. >> we were made aware of a consensual relationship between mr. ellis and the plaintiff. we did what an organization should do. we told both to stop promptly, directly, and fairly. the warriors have never taken any action against the plaintiff for any inappropriate reason and we deny the allegations she is making. >> reporter: he went on to say the warriors will "vigorously defend the reputation of the warriors' organization in the courts and that no further statement would be made regarding the case." also, raj, now when smith's attorney was made aware when the warriors said the relationship between my

she said it ended only after ill ellis's wife contacted her. said she was fired when she complained about ellis's brave. she is suing ellis and the warriors for covering up the harassment. >> treated unfairly. i was let go. >> i don't want to ruin his career. we just hope it stops and that there is an apology, compensation. >> reporter: the warriors president and ceo denied the allegations and questioned the motives behind the lawsuit. >> we live in a litigious society in which lawsuits driven by money and not the pursuit of justice. we will defend the reputation of the warriors organization and the courts. >> reporter: he did confirm having knowledge of a relationship between ellis and smith. he said the two had a consenual relationship and were told to knock it off. ellis hasn't responded. >> we are now an hour and five minutes past the deadline. the deadline when everybody should have left what is the bay area's last remaining occupy camp. as usual, it's more complicated than that. we are in berkeley. >> reporter: we are one hour past the be

this is against warriors star player monta ellis. it claims that ellis repeatedly texted a co-worker and sexually harassed her for a year starting in november of 2010. attorney burton boltuch says testing got graphic including pictures. he says this woman did not want a relationship with ellis. the suit also claims that ellis accused the plaintiff of not doing her job december of last year and that the warriors' management knew about this texting harassment. and he feels they tried to cover it up. >> it comes down to mr. ellis starting in november of 2010 began series of incessant, unwanted text messages to my client. >> reporter: the woman was apparently let go in august. the warriors did play last night in sacramento. but monta ellis did not make himself available for comment. and the warriors haven't commented yet either saying they haven't seen the lawsuit. >> we apologize we lost christie there. we'll have more coming up. >>> 6:03 now. san francisco and pg&e are still trying to figure out what caused the blackout at candlestick

ellis did not make himself available for comment.for the team, the warriors have not commented either saying they haven't had a chance to take a look at the lawsuit. that's the latest from here, live in oakland, i'm christie smith. back to you. >>> the city of oakland will announce the hiring of an independent investigator to evaluate the police response to occupy protests at a hearing this morning. the mayor and city administrator want an outside party to evaluate the use of police force during the demonstrations. the council will also consider a resolution to allow city leaders to do everything legally possible to keep the port of oakland operational during protests. the hearing will start at 10:00 this morning at city hall. >>> 5:33. san francisco is honoring the life of a bay area billionaire and philanthropist. mayor ed lee is ordering flags on city and county buildings to be lowered in remembrance of warren helmand. he made his fortune in finance, but he's also known for his generosity to local causes. the 77-year-old died last

ellie's right! thanks, ellie! guess she didn't see us. martin, what's with the wind-up toy?at? i just saved you from being lunch for a largemouth. bass? i didn't pass any bass. but we did find another clue for why worms come up in the rain. it's not because rain floods the ground with water. no matter how wet the ground gets, worms don't drown. come on, chris. whoa, we're going off tunnel! ha, this'll put my worm riding to the test. woo! the slip, the slip got me again. worm riding is just not chris's thing. (grunting) oh no, i'm getting the slip. i see, pinkie, your slime. it slips you through. so, the water in the soil and the slippery slime helps a worm glide. and that torpedo head pushes right through the dirt. segments expand and contract like an accordion. that's what i needed to know. time to design. oh, and martin. yeah? enjoy your worm slime facial. it'll do wonders for your skin. zap out. chris, i think we're going up. pinkie, what are we doing up here? okay, check the scene, we've got a worm above ground. rain? not a drop. so, worms do come aboveground sometimes,

it names both monta ellis and the warriors. warriors accused of covering up for ellis and for wrongly firing the woman. ellis has not made any comments neither have the warriors they say they've not yet seen the legal paperwork so there is nothing to comment on. accuser will reveal herself this morning at a news conference at her attorney's office at 9:30. at that time we also expect to see those text messages on the photo. katie marzullo, abc7 news. >>> a lot of shouting at half night's oakland city council meeting. this morning we still have no idea what councilmembers will do to control occupy oakland protesters who have disrupted that city's port, twice. amy hollyfield live at port. a lot leading on this, big money. >> reporter: the city council has one side telling them they have the right to be out here and protest. another side telling them it is costing too much money. companies that use the port of oakland are threatening to go elsewhere. there have been two demonstrations that have disrupted business here at the port

we spoke to monta ellis today and ktvu's mike mibach is live with the player's reaction. >> monta ellise to ktvu, it was a quick line but he said whatever happens, happens. what he is talking about is the lawsuit. in it is filled with accusations of sexual harassment, retaliation and a cover up and this all comes days before the team is

ellis. she poisoned her mind against us. that's what she did. i'd have gone up there and sorted her out myself if-- if i hadn't stopped you. maybe i still should. that's enough of that. foyle: i don't think there's anything to be gained by going back to the hotel. what are you gonna do? you're the one who's got her under arrest. hello, guy. alan. how was the journey? bloody. how's everything here? the beds are lumpy. the food's atrocious. i wasn't asking about the accommodation. the bannermans arrived yesterday. the honorable john mowbray and his wife came this morning, and the gilberts are here. what about miss harwood? yesterday evening. why the interest in her? and how about our host--mrs. ellis? she hasn't said anything. i see. guy! oh, my dear guy. how very good to see you. and you. stanley, the bags. you're just in time for lunch. oh, good. margaret: now, tell me, how are things in london? rather too cosmopolitan at the moment, i'm afraid. we're having a lot of refugees being forced on us right, left, and center-- dutch, belgians, but also

ellis' career.e just hope that it goes -- that it stops, there's an apology and compensation. >> golden state warrior's ceo and president rick welts denied the investigation and questioned the motives behind the security. >> we live in a litigious society in which lawsuits too frequently are driven by money and not the pursuit of justice. we will vigorously defend the reputation of the warriors organization in the courts. >> he confirmed having knowledge of a relationship between ellis and smith. he says the two had a consensual relationship and were ordered to end in. so far ellis hasn't responded to the allegations. >>> a little chilly but the good thing about the bay area it warms up in the afternoon. very tolerable. >> lately, i know. it was really mild yesterday. >> it was! >> people talking about it in san francisco, sunshine, cruising shopping. tank tops and shorts, right? >> not quite. >> all right. let's check out what it looks like in denver right now. we took this picture behind me. it's

another the most traffic are ellis' -- most graphic are ellis' genitalia. >> she believed the words would not be taken seriously and come to her defense. and she was right. >> reporter: ellis complained about the woman and she received a warning letter and eventually fired. later this morning the attorney will be revealing the evidence he says his client has including that graphic cell phone picture. so far no comment from ellis or the team. this obviously comes at a bad time. the season getting off to a late start. coming up we will tell you what ellis has said in the past about his family and commitment to them. live in oakland i'm tara moriarty. >>> time is 5:04. a wild and confrontational flight knight last night at the heart of it was the occupy protest. >> opposites opposites. i want you to clear these chambers now. i'm just telling you -- they preach about first amendment rights and they disrespect everybody else. >> that was oakland city council president larry reed threatening to clear the council chambers after protestors tried shouting down the head of the port of oakland. benj

it does accuse star guard monta ellis of sexual harassment. the suit names the warriors' organization for covering up the harassment and for the wrongful termination of the accuser. we met her this morning at the news conference at her attorney's office. she is erika smith. she is in her 30s and she was working in the community relations department for the warriors. she has worked for three nba teams in her 14 year career. smith says ellis sent her dozens of texts that were inappropriate and harassing. she says her responses were always professional. at some point during this ellis actually had smith reprimanded. he said she wasn't doing her job. shortly after that that, she says he sent her a text photo that he claimed was of his genitals. we saw it in the news conference today. the attorney want today to make sure we understood it was not a frivolous lawsuit. we are not going to show it is not suitable for television. smith says the texts were known to the warriors. when the story started getting out, she was fired if. >> i worked with the p

it does accuse star guard monta ellis of sexual harassment.he suit names the warriors' organization for covering up the harassment and for the wrongful termination of the accuser. we met her this morning at the news conference at her attorney's office. she is erika smith. she is in her 30s and she was working in the community relations department for the warriors. she has worked for three nba teams in her 14 year career. smith says ellis sent her dozens of texts that were inappropriate and harassing. she says her responses were always professional. at some point during this ellis actually had smith reprimanded. he said she wasn't doing her job. shortly after that that, she says he sent her a text photo that he claimed was of his genitals. we saw it in the news conference today. the attorney want today to make sure we understood it was not a frivolous lawsuit. we are not going to show it is not suitable for television. smith says the texts were known to the warriors. when the story started getting out, she was fired if. >> i worked with the pla

ellis has so far no comment.e attorney says he plans to show the picture at a press conference this morning. >>> this morning the 49ers say neither pg&e nor the city of san francisco can guarantee there won't be a repeat power failure next month whenóewfe the team hosts a playoff game. as you know there were two blackouts, one before kickoff and another during the second quarter of monday night's the san francisco public utilities commission says repair work was done by pg&e on one of the 12,000 volt powerlines. pg&e officials couldn't tell regulators when it had been done because the utility says it isn't record to keep those records. >> it doesn't appear there were any electrical faults on our end. we are continuing to work with the city. >> officials say the first outage was caused bay a supplies failure on an overhead line near the stadium they are trying to figure pout if the first blackout caused a surge that led to the second. >>> four thousand nurses set to hold a one day strike tomorrow over failed contr

they name the team, warriors and gored monte ellis she claims ellis had been sexually harassing her from november of 2010 to january of this . she says she has pictures to prove it. also dozens of text messages all sent after she says she turned down ellis' advances. she says she complained and not only did the warriors not reprimand ellis, but they fired her. >> after it came to light, the warriors, in our opinion, did not do a thorough investigation, if they did anything. and then when she refused to quit and take a bribe, she was -- had her job duties removed. >> reporter: ellis has not yet commented. the warriors are not commenting saying they've not been served so there is nothing to comment on. the woman's attorney describes photos as disgusting and graphic and says he will show it to the public this morning when holds the press conference. katie marzullo, abc7 news. >> we'll be following that closely. >>> this morning we are also learning four major retailers are threatening to take their business from the port of oakland if something isn't done to prevent future protests. even as

ellis apparently declinedq to make himself availablee1 after last night's game. yesterday that they had not seen the suit. i do have calls in to them this morning but have not heard back. that's the latest from here.r@ o reporting live in oakland, i'm christie smith. i'll sen÷p itçó back to you gun san jose. >> okay, christie, thanks. there say they want an outsideq party to [?si at how police hav& handled occupy protests. this morning mayor jean quan and the city administrator announced they are hiring an independent offá police force during the e1 demonstrations. >> today we're really lookináp t what happened, how we can improve what happened, and during the demonstrations of occupy oakland and weçó hopefá this will adde@s public and transparent report to the people of the city and the people independent look atÑi what happened. >> quan says most of the police and protesters behaved but there were some exceptions. >>> today as nounsment comes on the heels of a vote last night to reject more aggressive policing to preventjf disruptio at the port. the oakland tr

he returned to see his wife, katie ellis.visit with katie, he's hepatitis she's likely to have it as well and should be tested as soon as possible. but katie has shown considerably less concern than chad. >> i'm not totally freaked out or scared or anything. just something i'm going to have to deal with. >> in fact, katie has yet to report to the medical clinic to test for hepatitis. she fears a positive result will mean transferring to the infirmary for an indefinite period of time, forcing her to leave behind the good friends she's made in her housing unit. >> without them it would be very lonely, very depressing. you know, trying to get through this by yourself. >> there's no possible way she doesn't have it. it's impossible. >> chad is still living at the salvation army in downtown tampa. but today he's ridden his bike ten miles to the jail to see katie again. >> did you go get tested for your hepatitis? >> no. >> no. and the reason why is because you don't want to get moved out of that pod, huh? >> if i lose -- i don't w

ellis and the plaintiff, we did what an organization should do. we told both to stop promptly, directly, and fairly. >> the warriors are denying any coverup or any wrong doing. welts says the warriors never took any action against smith and plan to defend the organization in court. monta ellis is expected to be in the team's season opener. >>> the battle lines have been drawn on the east bay between the medical center and their bosses. several thousand registered nurses are planning a one-day walkout tomorrow at nine bay area hospitals. the hospital in turn is vowing to lock out the nurses who don't show up to work and is bringing in replacement nurses from out of state. summit patient judith ming died during the last lockout. the same company will be providing some of the nurses for tomorrow's planned strike. nurses say they will have a patient protection task force available at each facility. by the way, the investigation into ming's death is still ongoing. >>> walmart is pulling a batch of baby formula from every store in the nation including h

monta ellis this morning. monta ellis accused of sexual harassment. smith going back to 2010.was the issue. those in the media had their first crack at monta ellis today. this is what he had to say speaking for the first time publicly. >> what is going on, it's out there, it's a legal matter, i am not going to comment on it and continue to live my life. go home, go to sleep every night. wake up. smile, come to work. get my job done. >> warriors and the clippers sunday night. is steph curry going to play? he is day to day. he has been day to day, not participated in practice. we will have to see if he is good to go on christmas night. gary radnich's college team but first a word from steph curry i understand. >> practice yet, making progress. hopefully another 48 hours before game time. i don't want it to linger. hopefully i will have a decision tomorrow. >> i got the ear for omitting that. apology. college basketball. gary radnich's college team. unlv doing it to the cal bears tonight. in face of the retired jerseys. cob -- oddly enough, he was not retired. cob's three-pointer

. >>> we are hearing about monte ellis. her attorney described her lawsuit against ellis and the team. she said in the beginning of 2010, ellis sent more than 60 unwanted text messages and a graphic picture of himself. >> it starts with a picture. >> he is just here with a smile on his face and it's a legal matter and what happened happened. >> he made those comments and we caught up with him at a charity event yesterday. so far that is the only thing he said about the lawsuit. >> the woman said she was unfairly fired after complaining about the advances made by ellis. kraig debro has more on what the mayor needs to make this christmas one to remember for children in need, good morning kraig. >> good morning. >> reporter: the short answer is more toys. right now there are more toys but it is not enough. there is a few left and it is not too late to donate and the need is greater than ever. they bundled them up for delivery and the economy is driving up the need according to the mayor and at the same time they are living in

their star player, montae ellis is being accused of sexual harassment and there is graphic evidence his accuser says is proof. is it the full montae? >> reporter: erica smith says she lost her job as community relations director for the golden state warriors after unwanted interaction with one player montae ellis. smith says he sexually harassed her and today she filed a civil suit against the guard. her attorney says the married ellis sent smith a single east bay woman at least 61 text messages between november 2010 and december 2010 using a secret cell phone kept by the team's equipment manager. >> the texts were not work related. the texts were unwelcome and harassing. most of the texts were sent late at night or in the wee hours of morning. >> reporter: according to the lawsuit, the messages have phrases like hey, sexy and i want to be with you and even included a picture of his genitals. the lawsuit alleges after ellis' wife found out and complained to the team smith's duties were downgraded and she was eventually fired. she is suing. >> my career is essentially over. it will be ha

monta ellis about to be sued by a former employee. how about this? stephane curry rolls a surgically repaired right ankle. it was so bad, he had to be held off the court. it'll be x-rayed tomorrow. 12 points for him, kings come back from a deficit. marcus thornton, a wild throw three pointer there puts the kings ahead for good. and they win 95-91. david lee, 30 points in the loss. >>> the 49ers here we are the day after. crazy monday night. power went out twice . but they handled the steelers and strengthened this position for the no. 2 seat honors for the nfc playoffs. roethlisberger picked by rogers in the end zone. roethlisberger kicks three times. ales smith, you just got to call it masterful now. no turnovers for smith. and the 49ers' defense was in control. alden smith, one of his 2.5 sacks, the looker and the '9ers wen. >> you want to play winning defense as a unit. and our defense, when they can get turnovers for us, stops three and outs, all that is -- rates really way up there in terms of winning defense. >> 49ers will get to work on their

kings in transition and ellis deflecting the pass, but right to jj hicks with authority. now for the curry injury. looks like a minor tweak. he had to be helped off. the warriors do not think he was serious. fourth quarter and banging it inside. he had 30 and tied at 89. marcus thorton drills a three ball from the corner. it is 94-91. seconds left and goes to the rookie clay thompson. he was 0 for 7 on three's. warriors open the regular season christmas night against the clippers. andrew luck and the stanford football team are supporting the fourth ranked cardinal women's basketball team. she was unstopable. here is her sister and cardinal lead it 52-43. and even when the lady vols scored, stanford answers with a quick replay. -- quick reply. the jumper for 42 and the third highest total in history. stanford beats them 97-80. it is their 68th consecutive win. can you win a super bowl with alex smith at quarterback? jim harbaugh believes the answer is yes. he thinks alex is the niner qb of the future. he signed a one-year deal after the lockout ended, so his contract runs

ellis is accused of sending text messages to the accuser starting in november of last year. the warriors are also being accused of covering up ellis' actions after they fired the woman in august. >>> congress' christmas gift to the american people another stalemate. the house of representatives yesterday rejected a senate- approved plan that would have extended payroll tax cuts and long-term jobless benefits through february. now they are due to expire january 1. house republicans want a one-year extension and are calling for senators to interrupt their vacations and return to washington to negotiate. president obama says the senate plan is the best choice for now. >> they went ahead and did the right thing. i need the speakers and house republicans to do the same. >> john mccain of arizona a republican senator who voted for the two-month extension says the fight is worsening the public's already negative view of congress. >> ya think? [ laughter ] >> let's check the weather and traffic. >> a little bit of weather and traffic. lawrence is off this week and next week, too, hu

kings in transition and ellis deflecting the pass, but right to jj hicks with authority. now for the curry injury. looks like a minor tweak. he had to be helped off. the warriors do not think he was serious. fourth quarter and banging it inside. he had 30 and tied at 89. marcus thorton drills a three ball from the corner. it is 94-91. seconds left and goes to the rookie clay thompson. he was 0 for 7 on three's. warriors open the regular season christmas night against the clippers. andrew luck and the stanford football team are supporting the fourth ranked cardinal women's basketball team. she was unstopable. here is her sister and cardinal lead it 52-43. and even when the lady vols scored, stanford answers with a quick replay. -- quick reply. the jumper for 42 and the third highest total in history. stanford beats them 97-80. it is their 68th consecutive win. can you win a super bowl with alex smith at quarterback? jim harbaugh believes the answer is yes. he thinks alex is the niner qb of the future. he signed a one-year deal after the lockout ended, so his contract runs

ellis. >>reporter: smith said that after she continued to ignore his advances he made a comment about her professionalism to her bosses. >>reporter: smith says the warriors found out the text message after it was brought to their attention. she with your new news from the weight off and august and was laid off and odd is a and off his lead a team, the owners and the gm-- reverend mark morning unfairly and i was let go of hearing and moved him as we >>pam: our team coverage moves to how the him and he's reacting to the lawsuit >>reporter: is equal and scored the warriors' released this statement is in this and the only state of the anomalies and all they will say about their stars aren't who mr. ellis we see on the billboard outside oracle or renewed. >>president obama: is the golden state warriors take seriously any new allegations of harassment. and when we were made aware of the consensual relationship between mr. ellis and the plaintiffs we did what organization should do. we told both of

cell phone ellis often used to text her. >> she was embarrassed. she was intimidated. she felt scared and helpless. >> reporter: erica smith used to work in community relations until she was laid off in august. her lawyer says that was as a result of the warriors trying to cover up a scandal involving these suggestive texts. >> i was let go. >> reporter: the alleged text harassment went on from november 2010 to january of this year, for three months during last year's basketball season. the cell was allegedly kept by the equipment manager and billed to a third party. it ended after smith says ellis' wife contacted her and the warriors after finding the texts in january. smith says it was swept under the rug until a journalist questioned her about it in july. she told the team and was let go in august. >> i really don't want to ruin his career. we just hope it stops, that there's an apology, compensation and the sports world starts understanding that franchise players are not -- people have to be held to the same standards. >> reporter: the lawyer e

ellis? yes. how are you feeling, mr. ellis? can you tell me what happened? you don't know? well, you didn't leave a note. no. whisky and a sleeping draft-- it's fairly evident you tried to take your own life. why was that? isn't it obvious? not to me. people had the wrong impression about peggy. she was a strong woman, opinionated. but they don't understand. i'd been married to her for 22 years. she was everything to me... everything. stanley is 22? yes. we were courting when peggy found she was expecting, so, yes, i did the decent thing. but that doesn't change anything. i'd have married her anyway. i loved her, always did. were you aware of the changes your wife made to her will? spencer is a swine. i tried to talk her out of it, but she wouldn't listen to me, and so now... half the hotel. how do you expect me to go on living when... everything i care about has been taken away from me? do you cure your own meat at the hotel? what's that got to do with anything? would i be right in thinking that? i don't know. yes. margaret was in charge of the kitchen. thank you. christop

her attorney says ellis sent unwanted text messages and a graphic image to her cell phone. when she complained to the warriors she was fired. >> she believed the warriors would not take it seriously and come to his defense. a fear that turned out to be justified. >> we will learn more about the 14 allegations against the team and ellis. so far there have has been no public comment from ellis or the team. >>> the warriors are dealing with a loss of their star player. point guard stephen curry reinjured his repaired ankle. teammate had to help him off the court. you can see there. he was diagnosissed with a sprained ankle. he is going to under go further tests today. >>> winter officially starts tonight. you won't be able to welcome it with a roaring fire. noel walker has more. >> reporter: we already shattered four spare the air days. today is spare the air day number eight. the air quality control has a free app you can down load. you can see northbound counties are in the red. the northbound counties are the worse. we can blame this on no rain and wood burning fireplaces a

according to the attorney, ellis sent a graphic photo from his cell phone. it will be presented to the media tomorrow. the warriors are also being accused of covering up ellis' actions after they let the woman go in august. the team said they would not comment because they have not been presented with the suit. >>> on the court even more bad news. staff curry rolls his ankle. that's the same ankle that was surgically repaired last may. the team says it's a sprain and he'll be reevaluated. the warriors lost their last game to the kings on this late three pointer by marcus. 95-91 is the final. st. mary's continued to dominate at home this season as they improve to 10-1 overall. matthew dishes to rob jones for the layup. a game high 25 points. the gals win this one 77-61. >> pat sum mitt sold out maple civilian, andrew luck and the football team showing their support. tennessee didn't have an answer. she led the way with a career high 42 points and added 17. stanford wins 97-10. the cardinal patted their school record, 68 straight wins at home. they approved to

apparently they found out about this whole scandal by ellis' wife. we'll have much more on this at 5:00. tara moriarty, ktvu channel 2 news. >> thank you, tara. >>> coming up in 15 minutes, an update on star point guard stephen curry's injury after last night's stumble on the court and what it could mean for the season opener this sunday. >>> the little boy who reportedly fell 60 feet and hit his head on a mix of snow and bare ground. the child was a member of the sugar bowl ski team and was wearing a helmet, he died. his name and where he's from have not been released. >>> coming up in about 10 minutes we'll checks on the resorts as they try to -- check on the resorts as they try to make due with very little snow. >>> many house lawmakers are leaving washington for their holiday vacations today without reaching any new deal on the payroll tax cut. that means there's just ten days left until the measure expires and millions of americans mr. see a tax hike -- will see a tax hike. senny highway appeared on -- senny hoeyier appeared on the floor to expr

so far neither the team or monta ellis has made any statement. the former director of communications says ellis sent her an explicit photo from her cellphone. a lawyer showed us several texts that he allegedly sent. fans say they're not rushing to judgment. >> i hope they can get it resolved, because he's one of their best players, so i just hope the warriors do good and actually make it to the play- offs this year. they can do it if they have him. but if he gets suspended, or whatever, they're going to have a rough season, i think. >> reporter: the attorney said the woman was too scared to complain, but ellis complained about the woman. she was eventually fired. he was recently voted as a captain for he warriors, and he has recently made an announcement saying he is a changed man after having his second child. >>> los angeles police say this man, michael downs, has been charged with 29 felony counts of sexual assault. their investigation began last month when the first girl reported being assaulted by downs. police say he would friend the people

ellis and the plaintiff and did what an organization should do. we told both to stop promptly. and fairy. warrior have never taken action against the plaintiff for any inappropriate reason. we deny allegations. >> and he took no questions. the team says it's not going to have further comments but is going to defend reputation of the organization in court. as for erica smith and attorneys, he would like her to get back wages and benefits and moneys as well. but would not specify the amount. live in oakland abc 7 news. >> a police officer is okay after being pepper sprayed while trying to stop a muni fare evade yes, police say inspectors asked to see proof of payment along the embarcadero. the man refused and police came in but the man fought with them. one officer pepper sprayed him hitting another office skbrer a woman in the process. they're okay. the suspect then ran from police. >> and city engineers and san francisco fire department inspected candle stick park circuits this afternoon to see what went wrong monday night when a stadium went black not once, but twice. >> and w

she told the team and was let go in august. >> i really don't even want to ruin ellis' career. we hope it stops, that there's an apology, there's some compensation. and the sports world starts understanding that franchise players are not... people have to be held to the same standards. >> anne makovec reporting tonight. >>> now, at a news conference this afternoon, golden state warriors president and ceo rick welch denied the allegations against the team and openly questioned the motives behind the lawsuit. >> we live in a litigious society in which lawsuits too frequently are driven by money and not the pursuit of justice. we will vigorously defend the reputation of the warriors organization in the courts. >> welts confirmed having knowledge of a relationship between ellis and smith. he said the two were ordered to end it. >>> a developing story going on right now in richmond. a man has been shot by police at a richmond hotel. officers responded to a call about a man in the lobby with a gun. robert lyles is in richmond with all the details. robert. >> reporter: elizabeth, this

monta ellis is one of the warriors star players. he is starting the season, defending himself from this woman. erika smith, the warriors former director of community relaces filed a sexual harassment lawsuit. >> it started with the phrase, hey sexy. >> reporter: the lawsuit alleges beginning in november of 2010, he sent her text messages and a picture of his genitals to smith. her job description changed, and she was fired. >> it wasn't my fault that i was let go. >> reporter: she advises lowers not to do anything retaliatory. she says jurors will be suspicious. especially since it seems smith has evidence. >> it's going to be difficult to persuade a jury those were welcome advances. >> reporter: smith says she never had a sexual relationship with ellis. we caught up with the guard earlier today at a charity event and asked him about the allegations. >> he responded already, i'm just here to put a smile on his face. what happened happened. >> reporter: smith says she thinks now that she has come forward, she will be black listed fro

monta ellis is one of the warriors star players. he is starting the season, defending himself from this woman. erika smith, the warriors former director of community relaces filed a sexual harassment lawsuit. >> it started with the phrase, hey sexy. >> reporter: the lawsuit alleges beginning in november of 2010, he sent her text messages and a picture of his genitals to smith. her job description changed, and she was fired. >> it wasn't my fault that i was let go. >> reporter: she advises lowers not to do anything retaliatory. she says jurors will be suspicious. especially since it seems smith has evidence. >> it's going to be difficult to persuade a jury those were welcome advances. >> reporter: smith says she never had a sexual relationship with ellis. we caught up with the guard earlier today at a charity event and asked him about the allegations. >> he responded already, i'm just here to put a smile on his face. what happened happened. >> reporter: smith says she thinks now that she has come forward, she will be black listed fro

monta ellis, a guard for the warriors is being sued by a former employee of the team. you can see the picture of the plaintiff, eric ca-smith, on the -- erika smith. >> the texts were not work-related. the texts were unwelcome and harassing. most of the texts were sent late at night or in the we hours of the morning -- the text started with the phrase "hey sexy." >> she also presented a photograph which ellis allegedly sent to his client. it apparently shows exposed male genitalia. we blurred it out, as i said. the warriors' president denied the allegations against the team. >>> in richmond, a man with a gun was shot by police at this hotel. this is video of the scene. officers responded to a call of a man with a gun at the extended stay hotel near hill top mall. when police arrived, the man fled. he was located a short time later outside a marriott hotel nearby. of that's when an officer opened fire injuring the suspect. what prompted the officer to shoot at the suspect is still under investigation. >> friends and family gathered at a temple in san francisco's pacific

ellis sent a graphic photo to cell phone that will be presented tomorrow. toe would not comment because they -- that's the same ankle that was surgically repaired last may. currie was taken for x-rays. the warriors lost their game exhibition game to the kings. 95-91 is the final. >> pats summit at a sold out maples. had a crier high 42 points. 27 rebounds. the cardinals patted their school record 18 straight wins straight home. >> tell me that you were making that up. >> i was not. and it is concerning that the initial results have not been released. it's okay. >> it's not -- >> you can still wear it. >> he thought was was a john bon jovi gifts. >> see you mother.

without monta ellis as they host philadelphia. ellis has been excused by mark jackson. no timetable was given for his return. curry is expected to play. he sat out with injured right ankle. okay, here is the ultimate tease. you own a ferrari, but it is constantly breaking down, guys. the raiders know what i am talking about. they have had three ferraris in the repair shop off and on all year. mcfaden, moore and ford. the good news, ford will be back sunday against san diego. his first action since being injured against them on november 10th. >> it is very exciting. it is a chance to get back out there and be with my guys and be with the team. it feels good to be back in the room. trying to get the ferraris back. >> the raiders 11.5 point favorites and if they win and they will get the 2 seed in the bye. >> winning record or losing record, you have to come out and play of the they have nothing to lose. >> the kraft fight hunger bowl, and the former 9er offensive coordinator and johnson took over for a fired jimmy ray last season. and then he became the oc at ucla this ye

michele ellis is a rookie officer in training.his is her second week working on prison grounds. >> my husband, you know, was kind of skeptical at first. i think he knows this is something that i really want to do. >> i've always had a passion for law enforcement. that's just something i love. my kids were kind of excited. they thought, okay, mommy is going to be a cop. that's cool for them. i don't think they really understand everything that's going on. you have to remember to stay firm, fair and consistent. you can't really treat anybody any different. they're all human. they're all men. you have to remember that. >> hey, this is lieutenant meehan. can you send offender tye, t-y-e up to custody hall? i need to speak with him. >> it's been a bad week for ronnie tye. since being caught with a cell phone charger, prison officials have suspended his contact visits. and now they've just handed down a ruling on his request to be married at the prison. >> they denied getting married at this time due to conduct history. >> how can they

she was wrongfully terminated after she complained about being sexually harassed by ellis. he says he sent her at least 61 unwanted sexually suggestive text messages and one of them she says contained a lewd picture. she says though that she held -- she filed her suit reluctantly. >> it was hard. i knew my career was essentially over. it would be hard to reestablish myself. >> the warriors deny wrongdoing and say smith's relationship was consensual. >> we live in a s society where lawsuits are driven by money and not the pursuit of justice. we will vigorously defend the reputation of the organization in the courts. >> smith is seeking an unspecified amount from the lawyers and monte ellis. >> a bit of controversy over having kids have a brighter christmas. 2 includes toys, firefighters and strippers. abc7's ama dates has the latest. >> i am from the gentlemen's club in san francisco. i would like to give uh $20,000 check. >> reporter: this donation to the san francisco firefighters stoi program has caused controversy. but not necessarily because of where the money came from

reporter: an employee said she received unwanted text messages late at night from star guard monte ellis. >> it has been an extensive cover up, an attempt to sweep it under the rug. >> reporter: and he revealed a graphic photo that smith says he sent her via text last year. >> my client was mortified. she is being blamed and told it was consentual. >> reporter: he used a secret cell phone provided by the warriors. >> you kept the cellular phone hidden with the equipment manager. hid the phone bill, go to a third party so it would not be scene. >> reporter: smith was fired in august t was a job she held for four years. she worked in the nba for 14 years. >> i worked with the players, you know, i had interaction with the players and giving back to the community. i loved my job. >> reporter: smith's lawyer said there is no evidence that the warriors ever conducted an investigation. he says that his client deserves an apology, money for lost wages and ellis some disciplinary action. how did they find out about the scandal? apparently from ellis' wife. >> more details, we caught up with him t

>>darya: new this morning, warriors star monterey ellis is accused of sexual harassment. there is a lawsuit expected to be filed in a few hours in the alameda county court. this includes allegations, of 14 allegations of sexual harassment by a former employee. her attorney is holding a news conference and expected to show a graphic sexual picture. officials have no comment saying that they have not seen the photo. >>mark: a seven year-old boy has died after falling 60 ft. off of a chair lift at a ski resort. doctors try to save them off but the child passed away yesterday. he was with the resort's ski team when he slipped out of a mountain lift. the resort is cooperating with state investigators. >>darya: police this morning are searching for this man was wanted in two different carjackings. one in milipitas and a second in san jose. police chased the man through san jose yesterday morning. the milipitas police are after him because of a carjacking of a bmw. he led officers to a south san jose neighborhood where he crashed the car in the den into a nearby neighborhood, he

the attorney for the woman refers to a cell phone photo month that ellis sent her. the woman says the star guard sent her an explicit photo and the team tried to cover it up. her attorney showed us a log of dozen of texts that elle sis sent to his client. one read hey sexy. one photo is ellis'tilery -- ellis' genitalia. >> she believed the warriors would not take it seriously and come to his defense. a fear that was justified. >> reporter: the woman alleges that ellis sexually harassed her for two months. this obviously comes at a bad time. the season got off to a late start because of the lockout. we've been trying to talk to fans this morning on the streets. it seems like the word is starting to get out about it. not a lot of opinions just yet. live from oakland i'm tara moriarty ktvu channel 2 news. >>> even more bad news for the warriors. look at this. they lost their star point guard sharp shooter stefan curry. his teammates had to carry him off the court. he was diagnosissed with a sprained ankle. >>> san jose police are warning people to be on the lookout for

and why monta ellis will not be in a uniform. that's not monta, but we >>> the warriors will be without monta ellis as they host philadelphia. ellis has been excused by mark jackson. no timetable was given for his return. curry is expected to play. he sat out with injured right ankle. okay, here is the ultimate tease. you own a ferrari, but it is constantly breaking down, guys. the raiders know what i am talking about. they have had three ferraris in the repair shop off and on all year. mcfaden, moore and ford. the good news, ford will be back sunday against san diego. his first action since being injured against them on november 10th. >> it is very exciting. it is a chance to get back out there and be with my guys and be with the team. it feels good to be back in the room. trying to get the ferraris back. >> the raiders 11.5 point favorites and if they win and they will get the 2 seed in the bye. >> winning record or losing record, you have to come out and play of the they have nothing to lose. >> the kraft fight hunger bowl, an