>>> plus, the embryo custody battle. they wanted a family so they created frozen embryos. now they're divorced and she wants to have the babies while he is trying to stop her. it's a potentially precedent-setting case on a high-tech, highly sensitive issue that has even ensnared celebrities like sofia vergara. >>> he went from america's youngest evening news anchor ever to a seasoned war correspondent to a broadcast icon and household name. gone ten years now, tonight we are remembering peter jennings. >>> first, the "nightline 5." >>> if you're suffering from constipation or irregularity, powders may take days to work. for gentle overnight relief try dulcalax. designed for dependable relief. >>> super poly grip holds your dentures tightly in place so you never have to hold back. laugh loud, live loud. super polli grip. get strong all-day hold. >> number one in just 60 seconds. [muted singing throughout] these girls have waited 62 days for this concert tonight. so far i've counted 32 omgs, 75 lols, 13 yolos, and i'm super tired! tweens--fun age, huh? you have places to go.

a doctor speaks out exclusively about her fight for frozen embryos. what she says she should be allowed to do. >> a scare on the stage for tailor swift and it was caught on [excited yelling] ah, yes! you can't stop it! aww...your mom liked my post. you're friends with my mother? whoa. another episode? definitely. we all use it differently. so why should we get it all the same way? call time warner cable to get the internet speed you need. are you guys texting each other? whether it's 3 megs or 300 megs. yeah. for the right price. from $14.99 everyday low price internet, to 300 meg ultra-fast internet, we have you covered. even with wifi at home and on the go. plans start at $14.99 per month. call 1-855-want twc to switch today. time warner cable. enjoy better. in brooklyn in 1907, four courageous ladies saw the despair of the poor, old, and sick and founded what would become mjhs. today mjhs provides quality home care, rehabilitation and skilled nursing, and advanced hospice and palliative care for adults and children, but the values of the brooklyn l

the woman fighting her ex-husband to stop the destruction of her embryos, why she should be allowed to keep them. >>> and a free day at the spa, free lunch? a day of pampering these volunteers are handing out and the important mission behind the giveaway. >>> and 7 on your side's taking your questions on twitter and facebook. search michael finney on facebook or twitter. >> a live look at the commute. not much traffic at all on 280. traffic on the right hand side is moving southbound into san jose. northbound is moving very nice. i'm so stunned we rarely see the traffic looking like this. but all clear on 280 in san jose. >>> a san francisco doctor fighting to save her frozen embryos is telling her side of the story for the first time. the woman at the center of a high profile legal battle with her ex-husband just sat down if an exclusive interview with abc news. here is amy robach with a story you'll see only on abc 7 news. >> i'm doing this for high bamy babies. >> reporter: mimi lee againstler former husband, a couple whose romance spanned over two decades, eventually marrying in 20

now she wants control of the embryos because she says they are her only chance to have kids. lee testified that the contract she signed with fiply for the embryos was just a consent form and could be changed. finley wants the embryos can destroyed, which is what the company agreed to do in case it they split up. >>> an effort to dee fund planned parenthood failed on capitol hill. the senate voted down the bill where he had t it would have taken away more than a half a billion dollars from the women's health organization. the funding may become a sticking point as congress faces a september 30th did deadline to pass a bill to avoid a government shutdown. >>> we now have an idea how the republican debate stage might look in cleveland on thursday, most of the candidates showed up for a voters forum in new hampshire last night trying to make their last work here to get on that stage for thursday's debate. today is the deadline for republican candidates to qualify, only the top ten in the polls are going on invited. some candidates will easily make the can cut like donald trump, j

her ex-husband wants the frozen embryos destroyed.tara moriarty is live in san francisco to tell us what happened today. >> reporter: this is the case that is not being decided by a jury but a judge. she is accepting documents from both sides by august 28 and then prom that point forward it could take her three months to make a decision. and today's closing arguments were full of emotions and drama and a lot of at stake. she is a doctor and she came into court looking head strong. she fighting for the 5 frozen embryos that he and then husband froze together before she underwent treatment for breast cancer and after they got married. the lawyer for her ex-husband wants the testimony regarding her battle with breast cancer stricken from the record. >> the cancer tells us why they talked into the office in 2010. the cancer itself doesn't hold any rel san francisco the outcome of the da-- relevance to the outcome of the case. all the testimony is a ploy. to get the court's sympathy. >> reporter: he filed for divorce says the couple signed

the custody battle over frozen embryos. closing arguments in that trial begin in a san francisco courtroom this morning, on one side, a woman certainty us the embryos, her last chance of having children. the ex-husband who says he wants those embryos destroyed many. >> receistephanie troung was in courtroom. there aren't going to be any winners. >> it's been more than two weeks since both sides faced off in the courtroom here. they're in recess right now, the ex-husband's attorney is an hour into his closing argument, it's an emotional case with long lasting impacts for both sides. you see them both coming in around 9:30, the doctor appeared with someone who told me she was her friend lending her support. steven finley walked in on crutches. he hurt himself playing sports a couple months ago. both he and lee were stone faced in the courtroom today. the judge asked questions throughout the first closing argument. at issue is the fate of the five frozen embryos made by finley and lee back in 2010. three years later, the coupl

. >> the debate over frozen embryos is heating up.judge 's ruling could hav national implications. >> this apology also going viral right here coming up. a little boy coming clean to his local library. we will have that for you. promise the story about a note -- >> there it is. >> we will have that straight ahead. ♪ [ male announcer ] he doesn't need your help. until he does. three cylinders, 50 horsepower. go bold. go powerful. go gator. >> hi everybody. i am steve doocy. coming up in 11 minutes on "fox & friends." they claim the e-mails were not classified at the time, but now brand new spin from the hillary clinton campaign. wait until you hear this explanation. it's a dos see dues see. what happens when the reporter pu tries to make him politically correct. donald trump will be joining us. cooking with friends and grumpy cat. unless we are cooking with grumpy cat. busy three hours kicks off in about 10 minutes from now. we return to "fox & friends" already in progress with ainsley and she has breast cancer. the 44-year-old's diagn

. >>> are frozen embryos property or people? a case in california could decide that. but >>> donald trump says he is prepared to spend a large chunk of his personal fortune to fund his presidential campaign if necessary, but there's a lot of uncertainty about how much money trump has and how he goes about keeping it. >> reporter: $1 billion, that's how much of his own money donald trump says he's willing to spend in order to win the white house. >> i make $4 million a year, so what difference does it make? >> reporter: he wants to win without any money in lobbyist. he turned down $5 million from a lobbyist on friday. >> i don't want it because when you come back to me in two years and you want help for a company that you're representing or the country you're representing, i want to help out the people of the united states. >> reporter: just six years ago, his lenders in atlantic city lost more than a billion dollars and more than 1,000 people were laid off when his company filed for bankruptcy. that was the fourth time he used corporate bankruptcy laws to help him to

. >> the embryos are subject to our joint disposition. all future decisions about their disposal must be joint decisions. >> the contract should be binding. no dispute with that. we don't feel the concept form in this case was a contract. >> the judge's decision is due by the end of november. >>> people in communities across the bay area and the nation flipped on their porch lights and went outside and got to foe their neighbors and their local police officers. it is the 32nd annual national night out. abc7 news was in daly city for the event. there were family friendly activities getting a good look at the tools used to fight crime, and they got to enjoy some delicious food truck cuisine. >> well, the republican rumble is upset. who will take the stage at the first debate and who will be left out? >> and his bond skills must be rusty. why a former 007 was stopped by the tsa. >> and delaying fatherhood could help you livelonger. how it could help you see >> berkeley, san jose and all of the bay area, this is abc7 news. >> >> now we know w

another two embryos were still frozen in a fertility clinic in new orleans.ina struck. >> when the hurricane came through, we lost all power, we lost phone. i had no clue what was happening anywhere else except where we were. it just hit me. oh, my gosh, my babies. they are in the same predicament as all these people sitting at the superdome that we're seeing on tv. >> reporter: andrea frantically called the clinic. no one answered. but before the storm, the canisters containing her embryos and 1200 others were moved to the second floor. now the building was flooding and without power. but a rescue mission was under way. >> i was a sergeant with the illinois conservation police. we put together a task force and offered services to louisiana for whatever they were in need of. they told us that we have doctors and a couple nurses that we need to transport out there to get into the flooded hospital and we need to try and recover these canisters that had frozen embryos in them. the amount of liquid nie trtrog that was keeping them frozen is quickly depleting in t

mimi lee is fighting for the rights to her frozen embryos. our reporter, janet o, is in the newsroom where more. janet? >> dr. mimi lee is fighting for her last chance to have biological children in a two year legal battle with her ex-husband. she sat down with "good morning america" in an exclusive interview. at issue are five embryos that she and her husband froze in 2010. a form signed by the two called for them to be destroy dead they got a divorce. which they are. in close arguments on tuesday dr. lee's attorney said the form is not a binding contract. ex-husband and his attorney disagree and the defense argued that lee is doing this to manipulate the situation and extract money for other purposes something the 46-year-old denies. the judge now is said to pick a decision in november. lee was diagnosed with breast cancer when she had the agrees first frozen described the emotional journal any in the interview. >> it was the hard of the thing i have ever done. i stayed focused on my and knowing that i am their mom. i would do anything for

. >> the embryos are subject to our joint disposition. all future decisions about their disposal must be joint decisions. >> the contract should be binding. no dispute with that. we don't feel the concept form in this case was a contract. >> the judge's decision is due by the end of november. >>> people in communities across the bay area and the nation flipped on their porch lights and went outside and got to foe their neighbors and their local police officers. it is the 32nd annual national night out. abc7 news was in daly city for the event. there were family friendly activities getting a good look at the tools used to fight crime, and they got to enjoy some delicious food truck cuisine. >> well, the republican rumble is upset. who will take the stage at the first debate and who will be left out? >> and his bond skills must be rusty. why a former 007 was stopped by the tsa. >> and delaying fatherhood could help you livelonger. how it could help you see old it took joel silverman years to become a master dog trainer. but only a few comma

eric: jenna, who controls embryos when a couple breaks up?s a question that a judge will soon answer. coming up, we'll tell you how the decision could have some national ramifications. ♪ ♪ eric: what's ahead on "outnumbered" at the top of the hour, sandra and harris? >> hillary clinton's e-mail scandal just keeps growing. new reports of 60 additional classified e-mails on her private server. even the famed watergate reporter bob woodward is now comparing this to the nixon tapes. >> and donald trump laying out his plan to stop illegal immigration in this country. and guess what? some folks, they love it. others just hate it. we'll debate it. >> and when an nfl superstar saw his son get a participation trophy, you know the kind that pretty much every kid is getting these days, he said no more. he says he supports his kids, but they have to earn their trophies. >> can't wait to talk about that one. all that plus our #oneluckyguy, "outnumbered," top of the hour. eric: that's a great topic, by the way, that last one. jenna: right now we're awaitin

her ex wants the embryos destroyed.nally wrenching, george. there are nearly 1 million frozen embryos in preservation across this country. but this is a case that could set precedent for families everywhere, and now it is in the hands of a judge, and i sat down with the woman at the center of it all. >> i'm doing this for my babies. >> reporter: this morning a two-year legal battle pitting mimi lee against her former husband, stephen findley, a couple whose romance spanned over two decades eventually marrying in 2010. >> we met as students at harvard college. >> he proposes and right before your marriage is set to take place, you get the worst news possible. >> ten days before the wedding, i got the diagnosis that i had breast cancer. >> how important was it to you at that moment to preserve your ability to procreate? >> it was critically important. we realized the risks. i would be injecting myself with the very hormone that my tumor feeds on, and even with all of those risks, we knew that this was our last best chance

five embryos were frozen. the marriage went south and lee wants the embryos but he is arguing that the consent form said the embryos would be destroyed if the couple split should be a legally binding document. >> so personal and from a friend that i trusted for so long. it's really disappointing. >> findlay says he is afraid that lee will finally manipulate the situation if she winds up having the children. lee says if she winds up bringing the embryos to term findlay would not have to be part of their lives or support them. >>> one former president couldn't avoid jury duty. george w. bush showed up at a dallas courthouse. he was not chosen. he did have his picture taken with several other prospective jurors before the secret service whisked him away. >> by now jon stewart is done taping the daily show. tonight the final show with the 52-year-old as host will air on comedy central. he took over the show back in 1999. over 16 years his smart jokes, his sharp interviews and cutting commentary made stewart one of

. >>> are frozen embryos property or people? a case in california could decide that. but first, is hillary clinton benefitting from a double standard in her e-mail? tablets. keep it all digital. we're looking to double our deliveries. our fleet apps will find the fastest route. oh, and your boysenberry apple scones smell about done. ahh, you're good. i like to bake. add new business services with at&t and get up to $500 in total savings. have a sunset mode. and an early morning mode. and a partly sunny mode. and an outside... to clear inside mode. transitions® signature adaptive lenses ...are more responsive than ever. so why settle for a lens with just one mode? experience life well lit®. upgrade your lenses to transitions® signature. get up to ninety dollars back when you combine crizal, varilux and transitions... and buy a second pair with xperio uv polarized sun lenses. visit transitions.com to learn more. >>> donald trump says he is prepared to spend a large chunk of his personal fortune to fund his presidential campaign if necessary, but there's a lot of uncerta

lee wants the embryos but finley is arguing saying the embryos would be destroyed if the couple split should be a legally binding document. >> it's so personal. and from a friend that i trusted for so long. it's really disappointing. >> he is afraid that lee will finally manipulate the situation if she winds up having the children. lee says if she winds up pregnant with the embryos, he wouldn't have to support them or be a part of their lives. >> a big talker. >>> rudeness is a disease and something your coworkers may be carriers. >> reachers at the university of florida found workplace rudeness is contagious according to the study. rude behavior affects the brain of the person on the receiving end. that person is then likely to carry on the behavior when dealing with someone else. >> we don't have rude people where we work. i wasn't listening when you said that. >> i can't relate to that. >> everybody is so kind and nice. >> look, you show up and you bring-- >> it's so nice out there. you see a lot of people buzzing around the neighborhood. beautiful sunshine, low humidity. comfort f

. >> the fate of frozen embryos is in the hands of a san francisco judge. the 46-year-old doctor lee and her husband froze the embryos when they were worried and now they are divorced. her ex-husband wants them destroyed. lee wants the embryos implanted into a surrogate say it is the last chance to become a biological bother. a main issue was the form the couple signed requiring the embryos be destroyed if they diversed. the judgment's decision is due by the help of november. >> happening today the ronald mcdone am house in stanford will celebrate with a major announcement, the final support beam is placed on the structure during a special ceremony this morning. when completed it will be the largest 348 ronald mcdone am houses posting 123 get troops including 67 private guest suites for those families of children being treated. a well-known city phi will help surprise financial provide financial support. >> you have done a lot to help raise money? >> and my former colleague don sanchez. we are proud to help. it all adds up to a great foundation for families

a san francisco doctor fighting to save her frozen embryos so she can become a summer is telling her story for the first time. the woman at the center of the high profile legal battle does an interview with abc. abc7 reporter john it o has more. >> i am doing this for my babies. >> 46-year-old mimi lee is determined to become a million. she speaks exclusively to abc discussing a bitter legal battle with her ex-husband, stephen findley. at the time the couple went through the process lee was diagnosed with breast cancer. >> how important was it to you at that moment to preserve your ability to pro create? >> critical. >> at the center are medical concept forms boat parts signed at ucfs calling for the embryos to be destroyed if they got a divorce. in closing arguments on tuesday, his attorney said the situation is black and white. >> it is still an agreement. the agreement is in the document at least 27 times. >> but lee's attorney argues it is future a binding contract and his klein has a right to change her mind. lee waits for a judge to make a life-changing decision come november.

while they were married they had agreed to destroy the embryos if they ever divorced. now lee who was infertile after cancer treatments says she has the fundamental right to procreate and the embryos are her only chance. >>> plea hearing scheduled in san jose today for former 49er ray mcdonald has been postponed. 30-year-old is facing domestic violence charges for allegedly assaulting his fiancee while she held their baby in may. mcdonald is due back in court later this month. >>> and a suspended bay area fire chief will get to keep his job despite an investigation that found he drank while on call to supervise fire fighting efforts. hayward fire chief derek countries rash was sis end -- contreras was suspended without pay this summer. if he agrees to certain conditions including not drinking at i city function he can keep his job. >>> a fundraiser is planned today. famous dave's pit barbecue in hayward will donate 35% of all of its proceeds today to the scott lunger family trust. fundraiser will also include door prizes and raffles and a live auction. he was the fathe

she signed an agreement with her then husband, and the embryos were to be destroyed if they divorced. her now ex wants the contract honors. the case a legal test of spousal rights when couples split. >> san jose received an important distinction this morning from the white house. it is now a tech hire city and the anybodity helps uninsured and unemployed residents and low-skilled workers get their foot in the door of companies like facebook and cisco and ebay and hope the additional funding creates a through jobs. san jose has joined san francisco as the second bay area city to sign on to the program. >> coming up at 11 o'clock, caught on video, heroic actions of two bay area deputies. how they saved a man after his car became stuck on the train tracks >> the strong reaction today, a day after the video was released, children handcuffed at a fresher dentures with polident. for the best first impression. love loud. live loud. polident. number 1 dentist recommended. ♪ fresher dentures with polident. for those breathless moments. hug loud. live loud. polident. number 1 dentist recommende

cancer survivor mimi lee is fighting for the embryos, she and her ex husband froze together in 2010, saying they're her best chance to have a child. the couple signed a contract to discard the embryos if they divorced to be thrown out. >> and all of the cancer testimony is a ploy. it's to get the courts sympathy. >> it wasn't a contract. it wasn't an agreement; it was conformity where you check the boxes off very quickly in a very brief period of time. >> ucsf where the embry owes were destroyed says -- embryos said the contract is binding. >>> the three-day concert opens friday, expected to bring tens of thousands of people into san francisco. sky fox flew over the park as they were putting the finishing touches on the stages. 70 artists are head line orred by elton john, mumford and sons, and others. click on the entertainment section of the web site. >>> 4:41. a well liked san francisco teacher has been missing for more than two weeks. coming up in 25 minutes, the discovery made in the gold country, and remembering from her fellow teachers. >> a newborn lucky to be alive this morn

the couple thinks their embryos are placed in caroline's uterus.ab calls with unbelievable news. >> we were pregnant but at the same time that they had transferred another couple's embryos to caroline. >> the baby growing inside caroline doesn't belong to her. it actually belongs to this woman, who has the same last name. shannon savage. >> i'm thinking, this woman has got to be a basket case and then find out she's pregnant -- oh, by the way, with somebody else's kid. >> here's how the embryos wind up in the wrong womb. to locate where the frozen embryos are stored, a lab worker by mistake uses shannon savage's paperwork instead of caroline savage's. the worker pulls shannon's embryos from a cryopreservation tank and places them on a petri dish with the name "savage" on it. nine months later, knowing she was having someone else's baby, caroline gives birth to little logan and then gives him up to his real parents. >> can you say hello to everybody? say hi? hi? >> to think that a woman carried someone else's baby, albeit by accident, to term and th

it calls for embryos to be destroyed if they got a divorce. in closing arguments on tuesday the attorney says the situation is black and white. >> it's an agreement in this agreement. at least 27 times. >> reporter: lee's attorney argues it's not a binding contract and his client has a right to change her mind. lee waits for a judge to make a life-changing decision in november. >> i stay focused on my babies. and knowing that i'm their mom. i would do anything for them. >> reporter: lee says she does not her ex-husband to be involved if she ends up having the child, though her ex claims she's trying to manipulate the situation and get money from him. >>> stay with us michael finny is up next. >> and explains how murphy's law proved true for a m i'm roy gillham with pg&e. i'm a customer relationship manager. anderson valley brewing company is definitely a leader in the adoption of energy efficiency. pg&e is a strong supporter of solar energy. we focus on helping our customers understand it and be able to apply it in the best way possible. not o

. >>> and the arguments over frozen embryos. the argument being considered by a judge. ♪ we invented low fares. then everyone else pretty much tried to follow. we call it the southwest effect, but other airlines probably use more colorful language. low fares. we don't just have them. we invented them. and here we go again! book for as low as 73 dollars one-way now at southwest.com ♪ >>> closing arguments began today at san francisco superior court in a battle over a divorced couple five frozen embryos. tara moriarty tells us the wife's cancer diagnosis may end up playing a big part in the judge's decision. >> reporter: mimi lee came into court today looking head strong. she's fighting for the five embryos that she and then husband finley froze together in 2010 before she underwent treatment for breast cancer. >> all of the cancer testimony is just a ploy. it's to get the court's sympathy. >> reporter: lee said doctors told her she could not get pregnant while she was getting cancer treatment. now she's too old to get pregnant. >

. >> a fight over embryos coming to an end. and it could set precedence over spousal rights. >> good morning and thanks for joining us. >> it is great to have you. this morning it looks like we are starting with clouds and we will check with meteorologist mike nicco. >> mid-to-upper level clouds making for a beautiful morning with a few pictures on twitte no fog in the reporting stations and it is quiet conditions. another beautiful picture from the camera, the backdrop shows mild temperatures this morning, at 58 to 64 and clouds are increasing in the high and mid-levels up to 74. you could see rain falling from the mid-level clouds evaporating before it reaches the crown. 66 to 80 at 4:00 and 72 and mile to cool by 7:00. leyla? >> mobile 360 is on the roads in almost, westbound 80, and you can seat traffic is still quite light at this hour making it from hey four through berkeley to emeryville it will only take you 20 minutes. as we turn it around you can see eastbound traffic not too bad and other parts of the bay area we hav

and that after being diagnosed with cancer the five frozen embryos represent her only chance of having a baby. findlay's attorney told the judge the cancer diagnosis is a red herring. >> her own expert dr. fek, said if she's infertile, statistically infertile, it's because of her age, not because of her cancer. >> reporter: this afternoon, an attorney for ucsf's fertility clinic also stressed the agreement between the 46-year-old anesthesiologist and her now ex-husband should take precedence precedence. to throw it out, he said would undermine the system that governs the state's reproductive industry. mimi lee's attorneys are getting their bite at the apple. they are inside making their closing arguments, as we speak. we hope to hear from them at 6:00. reporting from just outside superior court, mark matthews nbc bay area news. >> new at 5:00, a home broken into and burglarized today in broad daylight. millipede as police hope surveillance video will bring a burglar to justice. it's near 680. cameras captured photos of the suspect leaving the house. the suspect's car was also caught on

it calls for embryos to be destroyed if they got a divorce.closing arguments on tuesday the attorney says the situation is black and white. >> it's an agreement in this agreement. at least 27 times. >> reporter: lee's attorney argues it's not a binding contract and his client has a right to change her mind. lee waits for a judge to make a life-changing decision in november. >> i stay focused on my babies. and knowing that i'm their mom. i would do anything for them. >> reporter: lee says she does not her ex-husband to be involved if she ends up having the child, though her ex claims she's trying to manipulate the situation and get money from him. >>> stay with us michael finny is up next. >> and explains how murphy's law proved true for a man w i have type 2 diabetes. i started with pills. and now i take a long-acting insulin at night. i take mine in the morning. i was trying to eat right, stay active. but i wasn't reaching my a1c goal anymore. man: my doctor says diabetes changes over time. it gets harder to control blood sugar spikes after i

. >>> the legal fight over frozen embryos are coming to a close. >>> look at that. a close call caught on camera. a deputy pulls a driver out of the path of danger as a caltrain barrels on to his car. >>> and crews say they have never seen anything like this. not because of the shear size of the rocky fire which is burning north of the bay area, burning virtually out of control, but for another reason. it's grown 20,000 acres in just five hours. the plan to put it out. >> a breezy wind today may continue to fn those flames. elsewhere the bay area sees more clouds and mild temperatures. more on that coming up in the microclimate forecast. >>> there you go. more clouds and that mild build, but significant at the bay bridge toll plaza. we will show you how the rest of that bay is shaping up. >> announcer: from nbc bay area, this is "today in the bay." >>> a good tuesday morning. i'm sam brock. >> and i'm laura garcia-cannon. we do begin with breaking news. a hayward neighborhood shut down at this hour. police have swarmed to the area to investigate reports of a shootin

another set of embryos were still frozen about two hours from their mississippi home.atrina struck. >> when the hurricane came through, we lost our power, we lost phone. i had no clue what was happening anywhere else except where we were, and it just hit my, oh, my gosh. they're in the same predicament as all these people sitting at the superdome that we're seeing on tv. >> reporter: the canisters containing her embryos were moved to the second floor. now that building was flooding and without power. but a rescue mission was under way. >> i was a sergeant with the illinois conservation police. illinois put together a task force, and offered up services to louisiana for whatever they were in need of. they told us that we have doctors and a couple nurses that we need to transport out there to get into the flooded hospital, and we need to try and recover these canisters that have frozen embryos in them. the amount of liquid nitrogen that was keeping them frozen is quickly depleting, especially in this heat, and we have to get them to a facility and get them back into that

cancer survivor mimi lee is fighting for the embryos, her and her husband froze in 2010. says they're her best chance to have a biological child. findley argues the couple designed a contract to discard the embryos destroyed if they divorced. >> all of the cancer testimony is just a ploy. >> it wasn't a contract. it was a very brief period of time. >> ucsf says the contract to destroy the embryos is binding. >>> and san jose state interim president is already being criticized before beginning at san jose state august 18th. she has been criticized for how she handled a controversial dispute when she was president of eastern michigan university. the school changed nicknames from hurons to eagles and dropped the logo of the head of a native american huron but let the controversial logo to return, in the flap of the jackets of the band. she said she's story it hurt and angered native americans. >>> 5:40. a big loss for ucsf's hospital. its beloved service dog lanny has died. coming up at 6:00, what the hospital's now doing to honor lanny's legacy. >> reporter: a new report ou

lee and her husband froze the embryo 5 years ago.ouple divorced and now lee wants the embryo implanted into a surrogate. ex-husband steven using crutches wants them destroyed. couple signed a form directing the embryo be destroyed if they got divorced which is what is happening. lee attorney argued it was merely a consent form. judge decision is expected by november. >> 2 san mateo county deputy creditd with saving a driver stuck in a car on cal train track ins sunnyvale last night. this is video of the rescue right before the train hit that unoccupied car. the sergio spoke with the deputy ties today. >> st this is video of the dramatic rescue in sunnyvale. you can see deputy lance pulling 20-year-old nelson good messes just moments before the cal train slams that gomez car. >> you have to get out of the way definitely. train kochlingt at that point after he wasn't responding i gnaw hi to take control of the situation and physically remove him from the train for both our safety. >> he says he acted posely out of instinct. his partner

. >> the woman at the center of a fight over frozen embryos, talking about her battle after a judge willif her husband can destroy them them. >>> if you recognize a man attacking a woman with a baseball bat. we begin with the latest now on the charges filed now against pennsylvania's top prosecutor kathleen kane, they announce that 49-year-old kane is charged with multiple crime including purnlry and conspiracy, it's alleged that the democrat illegally leaked grand jury material in 2014 to embarrass her critics. though kane has vigorously defended herself. governor wolf is calling for her to resign. of course we'll continue to follow the story throughout the evening at 6abc.com. right now we have a list of all the charges against kane and more details about the history of this investigation. >>> in the meantime we are monitoring breaking news in the somer somerton section on jean street, police say a man is still inside of the home armed with guns and swords, and there is an odor of natural gas coming from that house and pgw remains on the scene monitoring that aspect of this the neighbo

she's battling her ex-husband to keep her frozen embryos. mark matthews has been covering this trial and joins us now from outside the courthouse in san francisco. mark? >> reporter: final arguments today in a case that has garnered national attention. 46-year-old anesthesiologist trying to overturn an agreement she signed when her embryos were frozen in 2010. she has testified they are her last chance of having a child of her own. but in 2010 she and her then husband, steve finley, signed an agreement that the embryos would be thawed and destroyed if the couple ever got a divorce. his attorney argues it's binding. >> the purpose of going through this is to determine the party's intent. >> reporter: the attorney and an attorney for the ucsf fertility clinic say they both agreed to destroy the embryos in the event of a divorce and if it can be voided because one person changes their mind, that shakes the whole foundation. his client didn't think she was signing a contract. >> she understood it to be part of the consent form and that she could

the embryos are her last chance to have a child. her estranged husband says they signed an agreement to destroy the emt bree owes if they split up. the judge is expected to issue her ruling in november. >> a great new perk for netflix employees. they now get unlimited time off for paternity and maternity leave. netflix announced today that workers can take as much time off as they want during the first year of their child's birth or their adoption. they will be paid by the company, no need for state or disability pay. >>> netflix, by the way, already offers unlimited time awful for all of its employees. >> everyone go to linked in right now and can we get a job at netflix. you never know around here. >> i'm doing good. we had that tightly wound storm system earlier this afternoon. i did produce a few sprirngsles on your windshields. you can see on the scanning doppler radar right now, nothing in terms of rainfall for the bay area. just in case you haven't heard the storm system well out near hawaii this tropical moisture stream is 1

. >>> lawyers for an estranged couple in a legal fight for their frozen embryos will give tear closingrguments in court today. mimi lee is in the had midst of a bitter divorce with steven finley over five embryos they froze in 2010 after lee was diagnosed with cancer. she now wants control of the embryos because she says they are her only chance to have her own children. she testified the contract she signed with finley for the embryos was just a consent form and could be changed. finley wants the emzpÑv destroyed, which is what the couple agreed to in case they split. >>> from silicon valley to the white house. today venture capitalists from across the bay area are in washington, d.c. making a strong push for greater diversity in the male-dominated tech world. "today in the bay" stephanie chuang joining us live in our san francisco newsroom with more on the first ever demo day and maybe we will be talking about this day for years to come as the point if in which things start to change. >> reporter: that's the goal of course. according to u.s.a. today we're talking about 45 different v

. >> and a devastating battle over frozen embryos. the local doctor fighting for the chance to have children. she opens up about the emotional , legal tug of war. >> and does this bay area woman look like a high-tech engineer to you? find out why her hash tag has find out why her hash tag has gone viral. ♪music the lord says, "come to me all you who are weary and find life burdensome, and i will give you rest." join us for the majesty of the catholic mass here sunday mornings at 8:30. for more information visit mysundaymass.org >> the four police officers accused of beating kids at a boot camp are now under arrest. investigators say 15 boys and girls ages 12 to 17 were beaten, cut and bruised in may at the national guard base in san luis san luis obispo. they say one child had broken fingers. the officers served as bril instructors for kids with behavior or disciplinary problems. >> each and every officer here was charged with a felony for battery. i mean it is literally like a thug on the streetbeating up little kids. >> the officers

. >> and a devastating battle over frozen embryos. the local doctor fighting for the chance to have children. she opens up about the emotional , legal tug of war. >> and does this bay area woman look like a high-tech engineer to you? find out why her hash tag has gone viral. we invented low fares. then everyone else pretty much tried to follow. we call it the southwest effect, but other airlines probably use more colorful language. low fares. we don't just have them. we invented them. and here we go again! book for as low as 73 dollars one-way now at southwest.com ♪ ♪ ♪ it took serena williams years to master the two handed backhand. but only one shot to master the chase mobile app. technology designed for you. so you can easily master the way you bank. when laquinta.com sends craig wilson a ready for you alert the second his room is ready, ya know what he becomes? great proposal! let's talk more over golf. great. how about over tennis? even better. a game changer! the ready for you alert, only at lq.com. >> the four police officers a

she wants do use the embryos do have children but her ex-husband wants them destroyed.the husband hears from both a decision will come in three months. >> one of the trio of northern california men who took down a would-be terrorist overseas sharesly story on "good morning america" today and we have a preview. >> good friday morning. a homecoming fit for an american hero, one of the three americans who helped take down the terrorist on a french train last week joins us at times square for an exclusive interview and that is coming up morning america" next. >> sty tuned for a look at that next half hour and the fill report on "good morning america" at 7:00. >> two east bay women are telling their story of survival this morning after being trapped this morning after being trapped for five days in the or eat. they were rescued after disappear on friday on a trip to coyote springs. laura shell man and turned off the high to sent for a lake and had two bottles of water, and a dowell and only wearing swim suits and d shirts. we with did not prepare, we did not tell anyone we w

. >> and a devastating battle over frozen embryos.tor fighting for the chance to have children. she opens up about the emotional , legal tug of war. >> and does this bay area woman look like a high-tech engineer to you? find out why her hash tag has gone viral. i've had moderate to severe plaque psoriasis most of my life. but that hasn't stopped me from modeling. my doctor told me about stelara® it helps keep my skin clearer. with only 4 doses a year after 2 starter doses... ...stelara® helps me be in season. stelara® may lower your ability to fight infections and increase your risk of infections. some serious infections require hospitalization. before starting stelara® your doctor should test for tuberculosis. stelara® may increase your risk of cancer. always tell your doctor if you have any sign of infection, have had cancer, or if you develop any new skin growths. do not take stelara® if you are allergic to stelara® or any of its ingredients. alert your doctor of new or worsening problems including headaches, seizures, confusion an

. >>> the future of frozen embryos is now in the hands of a bay area judge. the issue, what to do with five frozen embryos that belong to a couple now divorced. the couple signed a prenup saying if they divorced they would be destroyed. but cancer survivor mimi lee says because of her treatments, this is her only chance to have her own child. her ex-husband wants them destroyed. >> all of the cancer testimony is just a ploy. it's to get the court's sympathy and it's easy. everyone feels sympathy and if that empathy for why lee in her situation but that's not what the court needs to decide because the cancer is not relevant to what we're doing. once we filter out all the noise we have a simple case. >> lee's lawyer insists she believes she was signing a medical waiver and not a binding agreement. a judge will decide whether lee's right to have her a child outweighs the prenup agreement. >>> a lawyer for raymond "shrimp boy" chow says corruption goes to the top of city hall. it says the mayor ed lee and other top cities and alameda county prosecutors were all n

. >>> closing arguments over mimi lee, fighting for five embryos, her and her ex husband froze.ey is arguing a couple signed a contract to get rid of the embryos destroyed if they were divorced, and wants the cancer testimony thrown out. >> all of the cancer testimony is a ploy to get the court's sympathy. >> it wasn't a contact; it was an agreement. it was where you check boxes off very quickly in a very brief period of time. >> ucsf says the contract to destroy the embryos is binding and the judge has three months to make a decision. >>> and the company's hurting the bottom line, cvs is the first health chain to stop selling cigarettes and they could suffer $2 billion in lost revenue, but the amount was a tiny fraction was $139 billion in annual sales. but, cvs says general merchandise sales plummeted nearly eight% last quarter and company expects blame the drop on the tobacco ban. >>> and in boston, former red sox pitcher curt shrilling is expected to spoke at a roll out event schilling was treated for cancer of the mouth that was believed to be from chewing tobacco. >>> it h

it called for are embryos to be discarded in the event of divorce. her ex-husband's lawyer said that the agreement should be upheld. her torn said it is not that his client doesn't want kids but he doesn't want them with mimi. dr. lee speak out for the first time in the emotional interview. >> those are hard words to hear from anybody. and...you know, again, i cannot speak for steve...but it is -- it hurts in a way. it's...so personal a friend i trusted for so long, it is really...disappointing. >> ultimately a judge will decide if the medical condition sent form that has been signed can be revoked or changed. you can see more of the exclusive interview with mimi lee on "good morning america" at 7:00 a.m. >> janet, thank you. a memorial service will take place later this month for an 8-year-old girl found dead at art centers in santa cruz. a detective discovered middleton body in a recycling bin, her neighbor was arrested open suspicion of murder after luring her into the family apartment. he has been charged. her memorial will take place on the 23rd

the couple signed a prenup saying if they divorced, the embryos would be destroyed. the wife is a cancer survivor and says this is her only chance to have a child. her ex-husband wants them destroyed. >> all this is a ploy. it's to get the court's sympathy. everyone feels empathy for dr. lee and her situation. but that's not what the court needs to decide because the cancer is not relevant to what we're doing. once we filter out all the noise, we have a really simple case. >> her lawyer insists she believes she was signing a medical waiver and not a binding agreement. a judge will decide whether lee's right to have her own child outweighs the prenup agreement. >>> a claim today that the big corruption scandal goes all the way to the top of san francisco city hall. the filing says mayor ed lee and some of the other top city officials as well as an alameda county prosecutor were all named in the fbi investigation. chow's lawyers want his case dismissed for what they call selective prosecution. his trial on racketeering charges is supposed to begin in october. ed lee's

. >> closing arguments are underway in a historic trial over frozen embryos. a breast cancer survivor wants custody of the embryos because it is the last chance to have biological children. the agrees were to be destroyed if they divorced and she signed a contract. this is a key test of rights when couples split. >> pg&e wants more customers to go solar and is proposing changes. one of the proposals reduce saning on electricity bills for people with switch to solar and reduced credit or solar customers who have a surplus of electricity. if approved the regulations take effect in 2017. the existing customers are not affected. >> i have been checking the meter every day especially this time of the year. we will talk about first quickly and show you what is going on, calm to four miles per hour so very quiet start to the morning around the rocky fire but as i look at the forecast you can see by noon we are at 78 degrees and at 3:00, it will be most difficult at 82 degrees and 40 percent humidity with winds from the south at 10- to 15-miles per hour. temperatures