evelyn smith got an attorney and now they're speaking on her behalf. police say she's a person of interest. >> she's concerned. she's very concerned about this. >> police say they expect to have the body exhumed today. and to get it to the coroner's for a positive id. reporting live, kraig debro, ktvu channel 2 news. >> thank you, kraig. >>> in texas, the fbi has arrested a college student accusing him of planning terrorist attacks in the u.s., including the assassination of former president george w. bush. investigators say 20-year-old khalid ali a student from saudi arabia bought explosives, chemicals over the internet. the fbi says he was plotting to blow up dams, nuclear power plants, and former president bush's north dallas home. he is in the u.s. on an opportunity visa attending south plains college in loveland, texas. he is charged with attempted use of a weapon of mass destruction and will be in court tomorrow. >>> bart's board of directors formally acknowledged this morning that they acted illegally two weeks ago in the no-confidence vote for

. >> reporter: evelyn smith was 20 years younger than her husband and her behavior recently changed. >> here stopping and walking her dog. that's the first thing. >> reporter: then an attorney showed up and took evelyn smith away. >> they left yesterday at some point. she let him in, and she left with the attorney. >> reporter: investigators say they have a lot more work to do just to identify the human remains found in the backyard. jonathan bloom, kron 4 news. >>> highway 92 in san mateo is back open after a crash today. happened just least of skylawn memorial park cemetery. police are investigating a string of car break ins. there have been 60 burglaries since november. they have occurred in public lots downtown. and devastation in new zealand as crews continue to search for hundreds still missing in one building alone. more after the break. >>> earthquake after math in christchurch new zealand the recovery continues. 120 bodies may be inside the building that collapsed. the official death toll is night and expected to climb. >>> in libya, moammar gadhafi's grip on power is slippi

smith. >> nevada police say evelyn smith is not considered a suspect, only a person of interest. dale smith had suffered from bladder and esophagus cancer. >>> a steal at $10,000 a night. the famous bay area hotel on sale for certain guests. what they get for their bargain hunting. >>> it is a commercial that is supposed to make you think about jeans, but the product ends up being an afterthought. what you can earn from having a hidden camera in your back pocket. web sites. >>> a night at a san francisco hotel priced at up to $10,000 sold out on one of those half off websites. living social posted two deals at fairmont in san francisco. a night for four in the penthouse for $10,000 instead of $20,000, or a night for two in the presidential suite for $2,000. the penthouse option comes with dinner for four served on tiffany china that you get to keep and a full day access to a mas mazerotti. >>> americans worry about getting alzheimer's almost as much as they do about getting cancer. that finding which says the fear of alzheimer's far outweighs the concerns of cancer or heart diseas

that led police to the backyard of evelyn and daily smith. no one can remember seeing dale since last september. it was about that time that evelyn, with the help of two day laborers were billing a patio. neighbors say the couple is eccentric, but like everybody else they argued. >> they argued quite often because we could hear. >> reporter: oh, really? into i don't know what. everybody argues. i discounted that, too. >> reporter: they kept to themselves but argued long enough for you to hear it. >> i heard it. i'm sure the neighbors heard it, too. >> reporter: not after september. >> nothing. nothing. >> reporter: neighbors say evelyn smith told them dale within the on a trip. evelyn smith as retained legal council. reporting live from novato, kraig debro, channel 2 news. >>> you're looking at live pictures. you saw this scene we're talking about live on mornings on 2, a private jet has landed safely at oakland international airport. the pilot radioed in saying he had hydraulic problems. the emergency crew was there on the scene. we were watc

evelyn smith's 74-year-old husband dale disappeared 5 months ago. investigators haven't positively identified the body yet but say evelyn smith is a person of interest in this case. >>> state regulators accuse muni of numerous safety violations and being chronically unresponsive to investigators findings. pc staffers are concerned about the condition of the light rail system. the director of muni transportation says he is shocked because muni has been working with the pec to address the concerns. >>> and the state streak has paved the way for the demolition of a palo alto home where a pioneering bay area woman lived. juan a bree owns us was a single mother of 11, a cattle rancher and an herb list it who built a house in 1844. that home was damaged and the current owners have wanted to tear it down. preservation has filed suit to stop the demolition, lost in court, appealed to the high court. but the supreme court declined to hear the case. >>> we're getting a first look at a man that police are calling a person of interest. after a number of women w

. >> se encontro cuerpo en casa de de evelyn smith, el paradero de su esposo esta desaparecido . >> laque ,entraron a robar, la policía busca . >> :. >> crimen en el sur de la bahia el sospechoso encontro ropa y mecho de cabello, la oficina de la policía dijo e elmentos seran analziamdos . >> esta tarde chris moore fue nombrado jefe de policía, al rendir juramento prometio buen trato a los residentes, ha sido policía 29 años . >> trabajadores de bar se sienten amenazados, el sindicato dijo que aumento violencia contra ellos, como escupitajos y otros, se solicita cabina a pba de balas . >> puso en peligro vida de pasajeros, lo que regula transporte realizo inspecciones en todos los casos encontraron problemas con sistema de operador automatico, no se ha solucionado problema . >> el senado de mexico modifica ley de inmigración . >> :(pausa) en murió hace poco, ---alcaldes de todo el pais se reunen en "washington dc" para tratar de rescatar los fondos comunitarios que la camara de representantes <>> alcaldes se reune en washigton . >> los ediles reclaman que elimanacion deesos fondos será

that body -- now, this home belongs to 74-year-old dale smith and his wife, evelyn. were living there but neighbors had not seen dale smith since november. investigators are still trying to determine whether the body is that of mr. smith. smith had been suffering from bladder and esophogeal cancer and had heart disease. a neighbor called police to say she hadn't seen mr. smith in months and that his wife had begun behaving strangely. >> i met with the same neighbor just walking my dog and she said something odd happened i was talking to evelyn and she was talking about dale in the past tense. and that piqued her interest, i believe, and she may have contacted the authorities. >> reporter: now, we are learning some new information as well about evelyn smith. she is not staying at the home here and not in custody at this time. she does have three lawyers. authorities say she is 54 years old, 20 years mr. smith's senior. they are calling her a person of interest. but again, we'll continue later today to try to be in touch with her. the dig will also continue. investigat

evelyn smith, not in custody considered a person of interest. s hired an attorney. >> james: interesting it was a neighbor and not the wife that reported to mr. smith missing in the first place. we will keep an eye on the weather. lewis has a look. >> louisa: rain and cold weather combined makes for snow. rain switches to snow later in the hills today snow levels drop friday. could get down to 1,000 ft.. radar shows the wet weather pushing through the peninsula and the east bay. we are talking about a light sprinkle here. a cell is moving through oakland, that's where heavier showers are. that led to the south bay cells working their way through palo alto towards san mateo. the bulk of the wet weather stays to the north spreading south. by the evening commute it will be a wet 1, moderate to heavy downpours that times. the cold air filters and as well. this snow levels will drop down could see snow in the hills tonight. dropping even lower friday. we had a winter weather advisory in a couple of locations. north bay actually started with the winter

dale smith lived in this house with his life evelyn. he was reported missing two weeks ago, not by evelyn but by neighbors who say they haven't seen him for months. >> too bizarre, this is weird. couldn't believe it. >> the body was found buried beneath a 4 foot by 8 foot backyard patio. valerie remembers a conversation she had with the neighbor when the smith's installed that patio just this past fall. it was about the same time they saw dale. >> she said that's weird. i don't even do barbecues. a red flag went up. we've seen nothing. he has not been there. >> evelyn gave police permission to search her backyard but now is referring all calls to her attorney. he told the san francisco chronicle a couple things. one, it's possible dale smith died of natural causes. he was battling cancer. he says the improper disposal of human remains is a misdemeanor. did he die naturally and evelyn buried him in the backyard. neighbor john describes evelyn smith. hard to make conversation. but she was always very nice along the way. to us anyway. >> t

. >> reporter: nevado police say evelyn smith was still living in the home when cadaver dogs found thebody. >> certainly a person of interest we would like to talk going forward. >> reporter: the next step is to wait for the coroner to identify the body. it could take another four to six weeks to identify the cause of death. >> many questions unanswered. >> i also spoke with evelyn smith's attorney. we have cooperated with police and provided keys to the homes as well as all three of the family's vehicles which all have been returned. she added, we will know more in the week to come. >>> and jumped back into the legal fight over same-sex marriage. imperial county wants to help defend proposition eight. california's ban on same-sex marriage. they have a direct interest. the appeals court rejected an earlier bid because the elections court was not part of the request. today the county's newly elected clerk filed papers to join the case. >>> there's word tonight that the chinese government has blocked access to the mountain view base linked in. that came after a user reportedly started a

reporter: in this quiet novato neighborhood, a body is discovered in the backyard of dale and evelyn smith's home. >> it's just sad. it's just sad. >> reporter: no one has seen 74-year-old dale smith for months. one neighbor even says by the end of september, his wife evelyn started referring to him in the past tense. >> she didn't neighbor with anybody really, kind of kept to herself and walked the door four or five times a day around the court. never really talked to anybody. but just seemed a little odd always. >> reporter: the smith's next door neighbor filed a missing persons report two weeks ago telling police she grew even more suspicious after evelyn built a barbecue pit in her backyard but never barbecued. >> looks like it's 4 feet down. >> reporter: a team of fbi agents and novato police officers found the body beneath the barbecue pit and questioned evelyn. >> she didn't provide any location. >> she's very concerned about this. >> reporter: the 55-year-old has hired an attorney and hasn't been home since her house turned into a crime scene. >> this is a pending investigation right

dale smith lived in this house with his life evelyn.e was reported missing two weeks ago, not by evelyn but by neighbors who say they haven't seen him for months. >> too bizarre, this is weird. couldn't believe it. >> the body was found buried beneath a 4 foot by 8 foot backyard patio. valerie remembers a conversation she had with the neighbor when the smith's installed that patio just this past fall. it was about the same time they saw dale. >> she said that's weird. i don't even do barbecues. a red flag went up. we've seen nothing. he has not been there. >> evelyn gave police permission to search her backyard but now is referring all calls to her attorney. he told the san francisco chronicle a couple things. one, it's possible dale smith died of natural causes. he was battling cancer. he says the improper disposal of human remains is a misdemeanor. did he die naturally and evelyn buried him in the backyard. neighbor john describes evelyn smith. hard to make conversation. but she was always very nice along the way. to us anyway. >> ter

neighbor rebecca smith told us off camera, quote i asked evelyn where was dale. she said fishing. she then began talking about him in the past sense saying he always used to support the veterans. attorney shupolock says she represents smith. >> was she living in the house? >> yes. >> with him in the backyard? or with whatever body in the backyard? >> she was living in the house. >> reporter: randy shupolock told me on the phone just a few moments ago her client is in the bay area. police are calling smith a person of interest in this investigation. mike mibach. >>> police tonight are looking for a man suspected of robbing a credit union today in concord. news chopper 2 was above the scene as police surrounded the business. it happened at metro one credit union on willow pass road. concord police searched for the robber but he got away with an undisclosed amount of cash. police describe the man as latino wearing a black beanie, black jacket and tan pants. >>> from her hospital bed, a north bay mother is talking about the accident that left her seriously injured and claimed the life

police call evelyn smith a person of interest to come in to help with the excavation. neighbors stay they are stunned. >> they seemed to get along fine. i didn't hear any arguing or anything. a lot of conversation between them. and i really don't know what happened. >> reporter: "today in the bay's" marla tellez is live at 6:30 with more on this case from novato. >>> the professional poker player accused of brutally beating his parents to death will return to the stand. ernie sherr iv remained unphased while talking about his upbringing and family tension. he told the court his father drank a lot and played poker while he grew up. authorities say he was deeply in debt and wanted to claim his $1 million i her tans. but sherr says he's not guilty. >> a northern california judge now says the man accused of raping and kidnapping jaycee dugard is mentally fit to stand trial. a judge made that decision based on reports from two psychologists as well as reports from the sheriff's department and defense attorneys. phillip ga tree garrido is accused of kidnapping jaycee dugard

his wife evelyn smith is a person of interest. >>> kerry verse admitted in court in martinez that he had secretly met with a man from a therapy group. verse was arrested two weeks ago after a therapist learned of the friendship. >>> after today, the single prince of anyone are now automatically sent to u.s. immigration and customs enforcement. six rural states became the last to implement the community systems today. 7,500 people have been deported from california under the program. contra costa county have seen the largest number. >>> the issue, there are no fire hydrants or water systems on the bridge. the crashes reignited a campaign by some bay area firefighters. >> so we had that fire like we would find a wild land fire. we had to shuttle water. kind of like the old days of the bucket brigades. >>> there's a similar situation on the benetia bridge. assemblyman jeffreys is examining the issue in southern california and has been talking to bay area fire officials as well. he says aside from the state budget crisis, another obstacle is deciding who will be responsible for repairs a

evelyn talked about gail in the past tense. that alerted her that something was up. >> the next door neighbor said he saw smith back in september. he lived here about 30 years and married evelyn 15 years ago. they got along fine and dale was suffering from esophageal cancer. despite the strong suspicion, the body has not been identified yet. the cause of death hasn't even been determined. so at the very least, this is an improper disposal of a body. at the worst, this could be a murder. reporting live in novato, alan wang, abc7 news. >> thank you, alan. >>> major changes in our weather on the way. with the plunging temperatures could come snow at low elevations. sandhya patel is here with a look at what is in store. sandhya? >> we may be talking about slate falling down to sea level. here is the storm that will bring about the big changes we are facing. this storm is coming out of western canada. antarctic air mass is accompanying it. here is what we are going to be facing. a winter weather advisory. 4:00 p.m. thursday and continues until 10:00 a.m. on friday. expecting snow to the thousand-foot elevation. two to four inches ab

one neighbor watched evelyn smith bring in workers to construct the patio and said the activity raised a red flag. mrs. smith's lawyer says she is a person of interest. when his disappearance was investigated a few weeks ago, she said she didn't know where it was. but the couple's daughter said the man died sometime ago in tennessee. evelyn is cooperating with authorities. she is the one who authorized the excavation at the home. however, her lawyers are not telling us where she is. she is not at this home or in custody. so that's unclear. authorities are hoping to talk to her in a short time here. they say they are communicating with her through her lawyers at this time. frank? >> thank you, christin ayers live in novato. >>> san francisco police a step closer to being armed with tasers. the police commission has voted to let the police department study the issue. the department will then report back to the commission in 90 days. supporters say officer-involved shootings will be reduced if they have the option. critics are worried that they might be overused. >>> later today, san jose

the wife of the missing man, evelyn smith, gave them permission to search their home. the body was under a recently installed barbecue patio and police consider her a person of interest. the district attorney is still reviewing the case and no charges filed at this point. >>> coming up next at 6 cloak, an explosion that shook the bay area and beyond. pg & e plans to do the investigation. >> i always get -- >> different cities, different rules. many people move the car across the street to avoid getting a parking ticket. how far do you have to move to stay legal? just reading the signs. coming up, what you need to know to avoid getting a ticket. >>> a look outside after a beautiful but chilly day around the ba to work forecast i to wo bit. a little foggy out there right now. ♪ [ female announcer ] starbucks via is planted the same... ♪ ...harvested the same... ♪ ...and roasted the same as our other premium coffees. it only makes sense it would taste the same. so, try it for yourself. buy a pack of 100% natural starbucks via ready brew. we promise you'll love it or we'll

police say evelyn smith is a person of interest in this case. >>> and a livermore woman pleaded no contest today to charges that she had sex with two underaged boys. christine hobbs will be sentenced to five years in state prison. police arrested her in august after the mother of one of the boys found a nude photo of hobbs on his cell phone. >>> san jose is about to lose one of its most valuable crime fighting tools. the reason? money. as kiet do tells us they don't believe its loss will be a sign for the criminals to run loose in the city. >> as far as crime fighting tools go, the san jose chopper is effective but not cheap. it costs $1.4 million a year. >> really valuable. at the same time it's a valuable asset. >> so starting march 20th air 2 will be grounded. the chopper will be ready to launch but only used in extreme emergencies. >> it is not going to be in routine uses. that's why we're keeping it on the ground. if we had an earthquake or something where we needed to have that asset we would put it in the air. >> equipped with thermal cameras and a powerful spotlight it almost alway

. >> reporter: nobody has seen him lately, not evelyn smith or her attorneys will say what happened to. >> our client went down and consented to an excavation and a search of her premises, the novato police crime scene investigation unit was there, and their kay nine unit was there. >> reporter: tonight at about 8:20, technicians who had been hard at work shoveling pile after pile of dirt suddenly stopped and took off their gloves. they had found a body. >> at this point we don't know who it is, so that would be the next part of the investigation, obviously, to remove the remains, have the coroner's office do the autopsy to determine the identity of the person, and hopefully if, you know, determine the cause of death. >> reporter: mrs. smith's attorneys says she cooperated with police, in fact she signed off on the excavation today, but they are not elaborating on the cause of death. or in fact they are noody publi exactly happened to mr. smith. that's the key though, dana, is the cause of death. right now we're not sure how he died or even if that's his body. but even say he died of n

evelyn smith is considered a person of interest in the case. >>> and bart wants bay area district attorneys to throw the book at people who attack their station agents. 34 of its agents were attacked last year. station agents would like to have their booths made a little stronger and more officers out on patrol. they recognize that it is unlikely, though, in these tough economic times. >>> well, having a bad boss is pretty rough especially if that boss is a dictator whose days in power could be numbered. today, libya's ambassador to the united states compared moammar gadhafi to hitler and said gadaffi's rule cannot continue. afterwards ambassadors from other countries hugged him. he also begged the u.n. to stop gadaffi from leashing more violence against antigovernment row testers. >>> meanwhile, more than 600 americans who were stuck in libya have arrived in malta on ferries. >>> fighting rages in parts of libya tonight but in the east libyan women have found their voice amid their new freedom. >> reporter: the biggest city in eastern libya, the people here calling it prelibya, this friday

detectives say it was six feet deep under a brick patio in the backyard of evelyn smith's home in novato. crews shored up the hole to deep from collapsing. investigators think the body is smith's husband, dale. he has not been seen in more than five months. right now, his wife is what they call a person of interest. her attorney is telling the "chronicle" newspaper that smith died of natural causes and that his wife buried him in the backyard. >>> tonight reports of mass killings detention and torture trickling out of libya. earlier today anti-government protestors staged one of their largest demonstrations yet in tripoli. as joel brown reports, a ferry filled with americans evacuated from libya has arrived in malta. >> reporter: this is the end of the long road out of libya, the ferry carrying at least 167 americans and more than 100 others fleeing the violence finally arrived in malta. passengers walked off the ship after having spent days on board. >> i feel totally torn. i feel for the people who are still there and who didn't get a chance to get out because it's chaos. >> reporter:

not related to evelyn or dale smith eventually contacted police and filed a missing person's report. rebecca said when she asked evelyn what happened to dale's old blue pickup truck evelyn said she donated it because dale used to support the veterans using the past tense. >> obviously the fact that the body is in the ground, they were covered up, we'll try to -- part of our investigation will be to determine why that may be the case. >> reporter: first step in all of this is for the coroner to identify the body and then determine whether he or she and they don't know the sex yet, whether he or she died of natural causes. allen? >> all right, don knapp in novato, thank you. >>> well, we have some live pictures, this breaking news now. chopper 5 is in the air because a major backup is hang on eastbound 80. this is following a motorcycle crash near the bay bridge toll plaza. again the backup is incredible. the crash happened just before 4:00. the accident itself has been cleared, but clearly you can tell traffic is backed up for mile

inside the home this afternoon after a search warrant was issued that could implicate smith east 's wife of 17 years, evelyn with him buried in the back. >> she said he was on a trip. >> reporter: a trip that family says never happened. >> it was all out like, this isn't sounding right. >> reporter: presuming it's smith under the patio, we asked evelyn's attorney, how did he die? >> i have no idea. >> reporter: expect to say that evelyn smith is still in the bay area. tonight by phone her attorney added this was not a homicide. dale smith is said to be in failing health. if he did died naturally though, no call was ever made to the coroner. we should learn more tomorrow, when the remains are finally pulled from this property. reporting live in nevado, debra villalon, ktvu. >>> a string of burglaries in one bay area neighborhood. we'll show you videos of this crime in progress. >>> and storm tracker 2 shows know. this picture takes on 880 near oakland. the rain is coming down. we'll show you the latest computer model. >>> how closely are you being watched at sfo. inside the airport's surveillance system. why

inside the home this afternoon after a search warrant was issued that could implicate smith east 's wife of 17 years, evelyn with him buried in the back. >> she said he was on a trip. >> reporter: a trip that family says never happened. >> it was all out like, this isn't sounding right. >> reporter: presuming it's smith under the patio, we asked evelyn's attorney, how did he die? >> i have no idea. >> reporter: expect to say that evelyn smith is still in the bay area. tonight by phone her attorney added this was not a homicide. dale smith is said to be in failing health. if he did died naturally though, no call was ever made to the coroner. we should learn more tomorrow, when the remains are finally pulled from this property. reporting live in nevado, debra villalon, ktvu. >>> a string of burglaries in one bay area neighborhood. we'll show you videos of this crime in progress. >>> and storm tracker 2 shows know. this picture takes on 880 near oakland. the rain is coming down. we'll show you the latest computer model. >>> how closely are you >>> new at 10:00 tonight we're going to show you a crime in progres

his name is 74-year-old dale smith and neighbors say his wife's name is evelyn. lived out here with him, and she did not report him missing. neighbors did. now, she is no longer answering questions about the discovery of a body under a brick patio. >> well, the case is full of unusual circumstances so i'm not gonna comment whether that is suspicious in itself but i think you can draw your own conclusions. >> january the neighbor approached me again and said she had talked to evelyn and evelyn spoke about dale in the past tense. that alerted her that something was up. >> might be a more innocent explanation than a homicide out here. evelyn's attorney is quoted in the chronicle as saying that dale perhaps died a natural death, and he then offered it's only a misdemeanor to improperly dispose of human remains. is that what happened to dale? is that what evelyn did? neighbors said he had cancer. perhaps he died and she buried him back here. why would she do that? that leads down a whole another road. what we know is there's a body in the backyard of this house and in

one neighbor, rebecca smith, no relation, said her conversations with dale smith's 55-year-old wife evelyn over the past few months suggested something wasn't right. she went to police on february 9th. wednesday investigators dug beneath a recently constructed barbecue patio in her backyard and found a body. >> there will be an autopsy to determine the cause of death and while that is going on we will obviously be looking over all our evidence that we have collected so far and making contact with the attorney representing mrs. smith. >> reporter: so far according to an attorney smith has not talked with police. >> they came and they asked her and then she met with us immediately after that. >> and then you -- >> we advised her not to talk to the police. >> reporter: neighbors in another part of town told cbs5 that evelyn smith may be staying here. they claim she has been coming here since late last summer to visit a friend and spent much of the last month here. other neighbors confirm she had told them she had taken a road trip back east. >> mrs. smith has been advised not to leave and to

i did talk to evelyn smith's attorney, she would only say her client is in the bay area at this hour. police are only calling her a person of interest in this investigation. >>> san jose police will officially have a new police chief as of tonight. chief christopher moore is getting sworn in at this hour. chief moore was interim chief. >>> a move to force out b .a.r.t.'s general manager violated the opens meeting law. in a unanimous vote, the board admitted five members violated the law. today's vote came in a meeting where a local transit expert lectured them. saying the five members had done a disservice to the general manager and the staff. >> she has a balanced budget with a surplus. find me any transit manager who can say that at this point. certainly not in the region, i don't think in the world. she has delivered, she works tirelessly for this agency and for her staff. >> reporter: it is unclear if the five board members will continue to pursue dugurs resignation and if so what steps they will take next. >>> we have to have a plan, we need a solution. and for those who say they

the police officer is on the site and does not think dale smith's wife evelyn who is a person of intereste, that she is currently living here. they do not think she is currently living here. this morning we do have our first look at dale smith. it is a photo given to us from his sister from 2009. we are told this is dale along with his wife, evelyn. we also have chopper video of yesterday's dig in the backyard of this home, although fbi agents did find human remains they have not positively id'd them yesterday. so it is not certain it is dale. overnight dale's sister kathy sherman sent us an e-mail telling us dale has owned this home for 40 years. she says, quote, when we were told he was missing, we all knew in our hearts that he was deceased. we only hope that his cause of death can be positively determined and if evelyn was involved that justice be served, end quote. now neighbors who know the couple are, of course, shocked by the gruesome discovery. >> they seemed to get along fine. didn't really hear any arguing or things. a lot of conversation between them. and i really don't know w

as we mentioned, his wife evelyn smith is not talking. she has lawyered up but police expect to try to speak to her tomorrow and the fbi crime lab is out here and they will be out here as well, tomorrow. they are just now ex-k ex-ka g the body. rial same-sexlyreverse olive marriage. leslie brinkley with more on this and how this might affect the court fight over proposition 8 in california. >> it could have a big effect. the repercussions are far reaching and the announcement by the obama administration was quite a surprise. >> i was riding bart to work this morning and saw it on facebook. >> teresa roe immediately texted her fiancee when she learned of the obama administration announcement to no longer defend the constitutionality of federal law that bans the gay marriages.ecognition of >> it is not a final deal but an enormous step in the right direction and i have been on cloud 9 all day. >> today is the day that we will remember all of our lives an impromptu celebration materialized at market and castro. gay marriage advocates have lo

and attorney for evelyn smith says says her client is cooperating with police. >>> the latest storm is bringing snow to parts of the bay area. jade hernandez is joining us live . you can see right down here, there is snow and actually there ice mixed in is one every problems that we had driving up here to this area. you can see snow on the grounds. it's duffed the trees and really makes for a magical picturesque setting when you don't think about the ice underneath it. just spoke to a family from sunnyvale. they brought their sunup here to see the snow. but of course on the flip side we also seeing caltrans crews working very hard. we ran into caltrans crews on highway 17 in summit road about an hour and a half ago. it's dry there. but we were told there are about 8 to 10 workers monitoring the roadways in that area. standing out, covering highway 101, and as for highway 17, where we found our caltrans worker this morning, at least 4 of those drivers were driving around, literally waiting for the snow to hit. those crews came on around 8:00 last night. and the caltrans guy i spoke to w

police do consider his wife evelyn smith a person of interest. >>> a sunnyveil man charged with hurding his wife made his first court appearance today. this marks the first arrest by santa clara county's revived cold case unit. he was arrested wednesday for killing his wife, who was reported missing in march of 2005. he did not enter a plea today. her body has never been found, but a skull discovered in 2008 in the santa cruz mountains has been identified through dna as to be hers. just this year district attorney jeff rosen reinstated a cold case unit to help police with unsolved homicides and sexual assault cases. >>> violence in b.a.r.t. stations and on b.a.r.t. trains is on the rise. that's what the union representing the transit workers claims. the b.a.r.t.'s police chief agrees. he said station agtds want more police presence and armored booths with bullet-proof glass. there were 34 attacks against b.a.r.t. employees last year. that's up slightly from 2009 but down considerably from 2008. >>> a san francisco cop is in the clear after allegations that he rigged exams for other offi

the home belongs to dale and evelyn smith. neighbors think that the body is dale smith who disappeared on february 9. a suspicious neighbor says she noticed evelyn referring to her husband in the past tense. then built a brick patio in the backyard. neighbors say that the body is under that patio. smith's family says dale has been in poor health for several years. evelyn has now hired an attorney and is not returning to her home in novato. >>> new this morning a bizarre twist is surfacing in the jeanine harms cold case. san jose "mercury news" is reporting a link between jeanine harms missing since 2001 and maurice nasmeh. he was killed last month by harms' brother who then turned the gun on himself in a crowded san jose shopping center. now after his death nasmeh's mother reportedly discovered items while cleaning a closet in her son's home. among them, women's clothing, shoes and what appeared to be a clump of human hair, the same color as harms. los gatos police are running tests on the items. nasmeh was the last known pers

evelyn smith's attorney says her husband had serious health ailments. police now want to hear more from her about what happened to her husband. >> is she now a suspect? >> she is a person that we would want to speak to, yes. >> we've been speculating for two days about the whole thing. i don't know. i'm just hoping that dale is okay and evelyn didn't do anything that was, you know, absolutely crazy. [ inaudible ] >> we apologize there we lost our signal with ken wayne. but continuing on here a two- sided labor protest took place late this afternoon outside the hyatt regency hotel. some at the rally want to form a union. others don't. dozens of members of the unite here union picketed the hotel. they are calling for a boycott of hyatt. they say the hotel was not allowing many of the workers to join a union. >> this is a multimillion dollars company is not giving their workers their rights to choose if they want to be union or not. >> across the street another group rallied against the idea of joining the union. they said they are happy with their jobs an

evelyn smith's attorney says her husband had serious health ailments. police now want to hear more from her about what happened to her husband. >> is she now a suspect? >> she is a person that we would want to speak to, yes. >> we've been speculating for two days about the whole thing. i don't know. i'm just hoping that dale is okay and evelyn didn't do anything that was, you know, absolutely crazy. [ inaudible ] >> we apologize there we lost our signal with ken wayne. but continuing on here a two- sided labor protest took place late this afternoon outside the hyatt regency hotel. some at the rally want to form a union. others don't. dozens of members of the unite here union picketed the hotel. they are calling for a boycott of hyatt. they say the hotel was not allowing many of the workers to join a union. >> this is a multimillion dollars company is not giving their workers their rights to choose if they want to be union or not. >> across the street another group rallied against the idea of joining the union. they said they are happy with their jobs an

investigators say evelyn smith gave them permission to search the home mentioning the ground under atly installed barbecue patio where the body was discovered. police consider her a person of interest. the district attorney is still reviewing the case. no charges have been filed. >>> what is something most of us do every day without thinking? rush to our cars and back up, sometimes not thinking that it could cause someone worse heartache than they'll ever know. every year hundreds of children are killed and thousands injured in backup accidents. now there's a new federal proposal that would require all new vehicles to have backup cameras by the year 2014. but do the cameras really work and could they avoid accidents? our jessica aguirre puts them to the test. >> really happy little boy. every day he'd say that to me, how much he loved me. >> reporter: elizabeth sandoval holds dear to the memory of her son, david. >> collect ladybugs. >> reporter: but seven years ago, sandoval's life changed in an instant. >> it happened in seconds. >> reporter: it happened that fast? >> mm-hmm. mm-hm

police consider dale's wife evelyn smith a person of interest. she gave them permission to search the home mentioning the ground underneath a recently installed barbecue patio where the body was discovered. no charges have been filed so far. >>> the couple accused of kidnapping jaycee dugard and holding her captive for 18 years are expected back in court today. a competency hearing for phillip garrido will get underway as the prosecutors look to change or oppose the change of venue asked by the defense. >>> medical can us in collectives today to meet to talk about a new tax set to go into in effect tomorrow. the medical marijuana dispensaries have to pay 7% of the gross tax receipts to the city every month. san jose has about 100 dispencerys but no regulations for them. city council members hold the new tax will help with budget issues and spur discussion on imposing regulations. >> we have over 100 of them now. that's one for every 10,000 residents. that's probably more than we have oncologists or doctors. we have too many of them. i don't think

police consider evelyn smith, his wife, a person of interest. she gave them permission to search the home and mentioned the ground underneath a barbecue patio. that's where the body was discovered. >>> a couple accused of kidnapping jaycee dugard and holding her hostage for 18 years is going to be in court today. his lawyers are asking for a change of venue for the trial hearing. prosecutors opposed the request. criminal proceedings cannot begin until the issue of insanity has been settled. >>> the yacht that won sailings biggest prize is passing underneath the golden gate bridge this morning as the city prepared to host the america's cup. "today in the bay's" marla tellez is live at the golden gate bridge with that story. >> reporter: good morning, brent. yeah, the yacht is scheduled to arrive underneath the beautiful golden gate bridge some time before 6:00 this morning. when it does happen we are hoping to bring you a live look of what a beautiful sight that's going to be. but because it is just too big it does not actually fit underneath the

now, the home belongs to dale and evelyn smith. neighbors think that the body is that of dale smith who disappeared on february 9. a suspicious neighbor says she noticed ef len referring to her husband in the past tense. then she built a brick pad owe in the backyard. and neighbors think that the body is under the patio. dale has been in poor health for several years. evelyn hired an attorney has not returned to her novato home. >>> unrest has spread to iraq where today has been declared a day of rage. thousands of people are taking place in anti-government protests around the country. iraqi security forces killed five people in baghdad as they tried to disperse a crowd. they fired bullets into the air but they came back down to the ground and hit people in the crowd. dmon traitors do not want to overthrow their government. most of them want to end corruption, fix unemployment and upgrade public services like electricity. >>> meantime, muammar gadhafi is in control in his capital city this morning, but opponents have control of a l

evelyn smith lived at the house for months with her husband, apparently, buried out back. >>> ticket agents at bart stations are pleading for more protection. the agents said they're constantly being shoved, punched and threatened. this morning we were out at bart's fruit dale station. >> they have a difficult job. a lot of times people get frustrated when the tickets don't work. i wouldn't do that job. you're standing out in the cold all day or the heat and people are frustrated. >> the agents want bart to be a lot tougher against those who attack the agents and asking bart to fortify their booths with bulletproof glass. >>> we want to check in once again with sal who has been telling us about a growing number of problems on the roadway. >> we've had 101 flooding which messed things up. moments ago the crews and we have these pictures belong almost all the freeway. crews got out there with pitch forks and removed the debris. you can see this made a mess of traffic. moments ago we watched them clear everything off. even our crew was asked to move off the freeway. everything needs to

they also say smith was a retired carpenter who married evelyn 15 years ago and that he had cancer.velyn's attorney is saying that there is a body back there, but it may not be a murder is what he gets down to saying, is that there may have been a natural death, if so did she bury him in that backyard. was it a natural death? was it a homicide? whole lot of questions out here. answers later on when police and f.b.i. return. terry mcsweeney, abc 7 news. >> thank you. the san francisco police commission voted 6-1 last night to allow the police department to now look into the use of tasers by officers. it comes a year after shooting down a similar proposal. last march the commission voted 4-3 against the request by then police chief gorge gascon to study the use of tasers. interim police chief says they will study the taser issue and present finding in 90 days. >> this afternoon state regulators are voting on implementing state regulations for utilities operating natural pipelines in the state. the california public utilities commission will consider new reporting requirements for oper

smith's wife evelyn is considered a person of interest in that case. >>> and some more heartbreak for the walnut creek family whose son was killed in a rafting accident. their home ransacked while they were at his funeral yesterday. the mother of matt miller says the burglary happened sometime between 10:30 and noon yesterday. the family came home to find the front door forced open and things were missing. miller and his best friend gavin powell drowned last saturday during a rafting trip on walnut creek. >>> a safety walk planned in oakland tonight in the wake of attacks of women near lake merritt. police have been combing the neighborhood recently trying to find someone who can identify a man caught on surveillance tape. they had no success. they released this video recorded outside a store just minutes after a woman was attacked on february 7th. >> according to the opd, they said that this footage helped them a lot. this is the only footage available to them right now. >> tonight's safety walk to hand out whistles is scheduled to start at 6:00 at east 18th and park boulevard. >>> s

and find the cause of death. 74-year-old dale smith was reported missing two weeks ago but smith's wife, evelyn, didn't make the report. a neighbor did. >> i met with the neighbor walking my dog and she said something odd was happening, i was talking to evelyn and she was talking about dale in the past tense and that piqued her interest. she may have contacted the authorities. >> the boyfriend of the missing man's daughter tells cbs 5 that the family was told dale smith had died in tennessee in november. mr. smith was reported to have been suffering from two forms of cancer and also from heart disease. >>> we are getting word from cbs news that libyan leader moammar qaddafi could give another speech in the next couple of hours. meanwhile, thousands of foreigners continue to flee the violent uprising in libya but it's going to be another day before americans will be able to leave aboard a ferry to the island of malta due to weather conditions. world leaders are considering sanctions now against libya to stop the violence against anti- government protestors. >> these people just want their freedo

the police say smith's wife evelyn is a person of interest.ight now investigators are working to identify the remains and to determine a cause of death. >> there is a lot of things that we are doing in regards to the investigation outside of that part of the case. and we will continue to do those things as we go along. >> the discovery of the remains is the talk of the neighborhood. the man who lives next door showed ktvu the ladder they have been using to watch forensic teams work in the smith's backyard. >> in new zealand the death toll went up for monday's massive earthquake. it now stands at 144. at the same time, the recovery now is just getting underway. >> many homes and office buildings are beyond repair. and now they are being torn down. there are also still more than 200 people missing. some are believed to be buried in the rubble of the stone cathedral in christ church. one government minister said they will be forced to deliver some very bad news to families in the coming days. >>> there was one nice sign today of life returning to

the police say smith's wife evelyn is a person of interest. right now investigators are working to identify the remains and to determine a cause of death. >> there is a lot of things that we are doing in regards to the investigation outside of that part of the case. and we will continue to do those things as we go along. >> the discovery of the remains is the talk of the neighborhood. the man who lives next door showed ktvu the ladder they have been using to watch forensic teams work in the smith's backyard. >> in new zealand the death toll went up for monday's massive earthquake. it now stands at 144. at the same time, the recovery now is just getting underway. >> many homes and office buildings are beyond repair. and now they are being torn down. there are also still more than 200 people missing. some are believed to be buried in the rubble of the stone cathedral in christ church. one government minister said they will be forced to deliver some very bad news to families in the coming days. >>> there was one nice sign today of life returning

neighbors say 74-year-old dale smith lived here with his wife evelyn. she is in her fifties.longer answering questions about the discovery of the body on the advice of her attorney. that body found under a brick patio. >> the case is full of unusual circumstances so i'm not gonna comment whether that is suspicious in itself but i think you can draw your own conclusions. >> later on in january that neighbor approached me again and said she had talked to evelyn and evelyn had spoke about dale in the past tense. that alerted her that something was up. >> adding to all of this mystery is the fact that neighbors say they have not seen dale since september, and they say that he had cancer. now, evelyn's attorney hue levine is quoted in the chronicle saying one explanation of all this is he died naturally and then he offers that it is only a misdemeanor to improperly dispose of human remains. is he saying he died and she buried him in the backyard? why would she do that. others have done that to continue to collect pensions and social security checks but i'm getting into speculation