. >> reporter: the statements and the video is hearsay. it made some 20 hours after the incident allegedly took place. abc7 legal analyst dean johnson says california has an exemption to the hearsay rule. >> the physical abuse exception to the hearsay rule was designed precisely for situations like domestic violence and child abuse where the victim may not be willing, able or present to testify. >> reporter: for prosecutors the video is a crucial piece of evidence. the sheriff was in court and spoke after the judge delayed a ruling on the admissibility of the video until monday. the sheriff says he has been seeing his son regularly. >> he is the apple of my eye. >> how is he doing? >> he is great. >> she says her client is innocent and these photos won't change that. what they will affect is choosing a jury. >> the concern though is we have to pick a jury in this case within a couple days. and throwing those photos out there without context under the guys of attaching it to a motion, it is unfor unfounate. >> he isn't surprised the prosecu

. >> reporter: the statements and the video is hearsay. some 20 hours after the incident allegedly took place. abc7 legal analyst dean johnson says california has an exemption to the hearsay rule. >> the physical abuse exception to the hearsay rule was designed precisely for situations like domestic violence and child abuse where the victim may not be willing, able or present to testify. >> reporter: for prosecutors the video is a crucial piece of evidence. the sheriff was in court and spoke after the judge delayed a ruling on the admissibility of the video until monday. the sheriff says he has been seeing his son regularly. >> he is the apple of my eye. >> how is he doing? >> he is great. >> she says her client is innocent and these photos won't change that. what they will affect is choosing a jury. >> the concern though is we have to pick a jury in this case within a couple days. and throwing those photos out there without context under the guys of attaching it to a motion, it is unfor unfortunate. >> he isn't surprised the prosecutors r

and because of that, the attorneys that lopez makes in the video is hearsay. i it's it should be thrown out. you know, trial is not a game of telephone or operator. everybody knows that game. >> reporter: now, judge garrett wong ruled today that under most circumstances it would be hearsay but not in this case. he ruled that the video is add missable. it will be used in the trial. he explained why. he said the evidence shows this is a woman still crying and visibly upset. she's distraught and tearful no questions were asked to prompt her. she goes on to say her remarks don't go on to a staging. now, prosecutors see this as a victory. they believe this will strengthen their case against the sheriff. the other thing that did come up is whether or not mirror cau rimry's girlfriend -- mirkarimi's ex-girlfriend can testify. the judge ordered -- but jury selection in this case could start as early as the end of the week. allie rasmus, ktvu channel 2 news. >>> investigators say a faulty extension cord is to blame for an early-morning apartment fire in oakland. the fi

his lawyer wants substantial pieces of evidence tossed out as hard hearsay. his attorney claimed that the sheriff's wife was not that upset when they talked with the neighbor. the sheriff's wife did not become agitated until she started talking about her marriage. the sheriff's lawyer wants it tossed out as hearsay. >> these are not unusual motions were requested in these cases and they do have to be litigated. >> the trial judge will rule on these motions of trying to work today. >> the crucial vote on financing for america's cup has been delayed. the san francisco supervisors budget money was to vote on how much the city will spend and on the development rights for several of the city's peers. instead it asked a lot of questions about cost and revenue projections. the boat must take place by tuesday or the construction timetable will fall behind schedule. >> police say it was the team effort. three suspects caught in three different areas. >> and tonight, we will know of bay area professional sports team is getting the final yes or no to build the new stadi

are hearsay. they're bringing out of court statements in. there is no way for me to cross examine. >> the motion argues a videotape that the maybe made of a bruise on lop yaesz arm should be inadmissible as well because it was only supposed to be used if lopez found herself in a custody battle with mirkarimi. over their 2-year-old son. and lopez lawyer wants that videotape topped but she says even though madison is not a practicing attorney, lopez assumed she was. and her web site bio says she was trained as an attorney with editor of chief with her law review and interned at california supreme court. >> anyone speaking to a trained attorney about a matter that might involve litigation would be under the impression the communication was confidental. >> if defense is successful, it could gut the prosecution's case. assistant d.a.would not comment today but the district attorney says they'll let the court make a legal decision on the motions. >> i don't want to speculate because we believe keeping e

and his attorney filed a motion asking that statements lopez made to her neighbor be tossed out as hearsay evidence. conversation not made in the heat of the moment and not under dures. >> there is hearsay. >> if successful that, could gut the prosecution's case, lopez's attorney is using another strategy, trying to prevent videotape madison shot of what documents say was a bruise on lopez's arm from being inintroduced in court. >> all you need to do is take a look at ivory madison's web site. she says she's trained as an attorney. that she worked at california supreme court. obviously she says she graduated from law school. >> the district attorney george gascone says he's not speculating on the defense strategy. >> we believe that this evidence based on our understanding in this case are add missible evidence. >> and the d.a.says that he's going to let the court make the legal decision saying he doesn't want to try this case in the media. >> clergy demanding repet yens from bank executives for foreclosures carried out in the bay area, one spread ashes in downtown san francisco. members o

. >> it's a the statements and video is hearsay. makes them 20 hours after the incident allegedly took place. legal analyst dean johnson says california has an exemption to the hearsay rule. >> and that particular exception was designed precisely for situations like domestic violence and child abuse where the victim may not be willing, able or present to testify. >> reporter: for prosecutors, the video is a crucial piece of evidence needed to show injury. the sheriff spoke after the ruling after the admissibility until monday. he says he has been seeing his son regularly. >> he is the apple of my eye. >> how is he doing? >> he is great. >> his attorney says her client is innocent and photos won't change that. >> dean johnson says he isn't surprised they released these stills when they didn't have to. more and more attorneys are trying that in high profile cases in the media. >> we have to pick a jury in this case within a couple days. throwing those photos out there without context under the guise of attaching it to a motion is unfo

. >> i think they're trying to troin dus evidence out of court statements and hearsay. >> victim statements are often add missible in court but she says the videotaped comments were not spontaneous and made them 20 hours after the incident. prosecutors argue that her remarks are add missible since video he shows her in an emotional state speaking about what happened. they say the lapse of time when she finally spoke to madison is irrelevant vent. the judge was assigned to the trial today z presided over numerous domestic violence cases. mirkarimi said he's been seeing his son regularly now that the court allowed supervised visits and he said he's had no problem doing his job as sheriff. >> has this been a distraction? >> not to the department. it's been maintaining frogsalism and we're getting everything done as we should be. >> and the judge said he wants the weekend to review motions filed. and a trial resumes on monday when those arguments will be heard, i think it's their hope is that a jury will be picked by the end of next week. >> person person is dead and five others injured from a

mirkarimi's attorney says they are legally hearsay. she also wants the court to toss out a tape the neighbor made of a bruise on lopez's arm. >>> investigators in san joaquin county say they found more human remains linked to the so-called speed freak killers. wesley shermantine gave authorities a map leading to a well that he said would contain remains of several victims. investigators have found hundreds of human bone fragments. yesterday crews expanded the search. the remains they found are believed to be another victim of shermantine and loren herzog who went on a killing spree in the 80s and 90s. herzog is dead. >>> in oakland police and crime scene investigators are stretched thin after an especially violent couple of days including another shooting last night. a 23-year-old woman was taken by her family to the hospital. the woman was reported fully a car when she was grazed by a bullet. family members say she is going to be fine, police are investigating. in addition, four other people have been injured, one critically in a stri

and they describe the neighbor's statement as hearsay.ave gone on to say any abuse is not true, that hearing starts at 10:00 but a judge has said that mirkarimi doesn't necessarily have to attend. reporti ining live, christie sm. >> a scary start for people at an oakland apartment complex. firefighters had to bang on doors at the apartment building on schuyler street. a heater sparked a blaze in a bedroom. that happened about 3:30 this morning. firefighters actually had a tough time finding that fire because it wasn't visible from the street. working smoke detector desire help alert tenants. one woman had to be taken to the hospital as a precaution. >> the largest city in the bay area facing its 11th year in the red. city leaders hope ha residents will be hop to higher taxes. as bob reports it could be a tough sell. >> reporter: right now -- the topic of discussion tomorrow at san jose city hall during the city council meeting will be a possibility of a sales tax increase to help fight the budget deficit that's been plaguing san jose for

. >> if they can toss out most of the evidence because it's unreliable hearsay, the defense will sit in a good position. >> reporter: prosecutors say they're not surprised the defense wants to block the images. a spokesperson told me there's no doubt without this video, the case would be difficult to proceed on. reporting live in san francisco, david stevenson, ktvu channel 2 news. >> a pension fight is heating up between workers and the city of san jose. firefighters and police officers blasted what they claimed are bogus cost productions. >> somebody is lying here. we've heard the mayor use this number in multiple places and we know it's a lie. we want the truth. we want fairness. we want lawfulness. and we want a resolution to this problem. >> the unions say the city is trumping up projected pension costs to overstate the severity of the problem. we contacted a member of chuck reed's past today who referred to this statement. it says quote, as mayor, i believe we must keep the public fully informed about the consequences we'll face if we don't rein in our costs. >> one of the most

. >> i think it should be thrown out because it is hearsay. it is unreliable and they haven't laid any foundation for its admission. trial is not a game of telephone or operators and everybody knows that game. comes in and comes out of the jury. >> mirkarimi himself was not in the courtroom today. the judge on friday gave him the permission to be absent today. mirkarimi has pleaded not guilty to three misdemeanor charges. among them, domestic violence, batly, child endangerment and dissaiding a witness. now the court is on lunch right now but they will be returning after the lunch break to discuss more motions. the jury selection could happen any time this week. back to you. >> and you mentioned the sheriff was not in court today, but do we know what his reaction is to having this piece of video submitted as evidence in this trial? >> no, we weren't able to talk to him on the phone or in person about how he reacted. but i would think whatever his lawyers recommend is what he is going to follow, but like i said, this is a big blow to the defens

full-sized oscar statues line the red carpet at they re hearsay the presentations inside and as for thelm, the black and white silent romance th "the artist" is said to be the favorite. >> "the artist" is by far and away the movie in front with all of the mirj guild awards. >> billy crystal will host the show for the ninth time and you can't see that actually on our air but you can see "america's got talent." thanks so much for joining us for the bay area 11. we have saturday night live next. we have snow and rain coming starting -- >> as early as monday. i think tuesday and wednesday will be the big event. >> great. have a good night. >>> and now a message from the ghost of moammar gadhafi. [ cheers and applause ] >> i am back! hah hah hah. how's it going, america? [ cheers ] what a crazy couple of weeks, huh? i don't know if you guys saw this on news or on one of the thousands of cell phone videos, but i got murdered pretty bad last week. [ laughter ] and i know you're thinking, you know, did they really kill him? yeah, trust me, they did. i mean, they really tore me a new one, litera

prosecutors say that her statements to a neighbor are the functional equivalent of a 911 call and not hearsay. when we left the court, though, the judge was asking about those statements made to neighbors and not about a videotape which is so critical here. lopez, for her part, she wasn't in court either. reporting live in san francisco, christie smith, nbc bay area news. >> this morning in parts of state capitol in shambles after an overnight rampage. the chp says a young man tossed concrete and rocks breaking glass and damaging door frames on three sides of the capitol building. the man then went across the street to the state treasurer's office where he did more damage. parts of city hall also banged up. the chp caught the man late last night. he's now in jail on vandalism charges. no word on his motive. >>> also today, chilling, new details as a convicted serial kill ar poer apologized to vict aesz family. the convicted killer wesley shermantine says he's sorry for taking years to reveal where his victims were buried and says there's more bodied dumped in stockton, rypien and milton. sher

hearsay is also on the -- heresy is also on the agenda. there will be new funds to cope with displaced people as well. a delegation from the european parliament has met burma's opposition leader, aung san suu kyi, at her home. the group also visited the country's president. the e.u. is due to review its sanctions on burma later in the month, earlier this week, they announced an aid package for health and education projects in the country. north korea is marking what would have been the 70th birthday of its former leader, kim jong il, who died in december. now, his son, kim jong un, has been leading a parade in pyongyang, where a bronze statue of his late father was unveiled. the bbc's lucy williamson has this. >> north korea is having to pack a lot into its ceremonies these days. here, on the 70th anniversary of his birth, the country's late ruler has to share the limelight with his youngest son. kim jong un has big shoes to fill. events like this are designed to help him do it. so, today, on his dad's birthday, north korea's new leader go

lawyers for the sheriff say the video should be considered hearsay. earlier today a new judge was assigned to this trial. iliana lopez has publicly denounced the case against her husband. >>> it's not going away, in fact it might be spreading. there's a rash of norovirus outbreaks across the bay area. more than two dozen schools have reported suspected cases so far this year. parents andea achersomre lookinr for answers. the knightson school was hit especially hard. in one day more than half of the student body turned up sick. marianne favro joins us from that school. marianne, what can be done here? >> well, the students here and the staff are doing the best veve they can. they're using bleach to scrub down the tables and classrooms. other than that there's not a lot to do except for good old hand washing. at this particular school more than 100 kids called in sick. norovirus is a very hearty bug and this year it's hitting the bay area hard. brothers and sisters are known to share, but steven and christina say sharing norovirus was no fun. >> my stom

furthermore, by a long for a review at the same time admitting hearsay evidence and ignoring the sixthects the commissions virtually guaranteed the guilty verdicts will be mired in protracted appeal. in short, the candidate got it right, the guantÁnamo commissions are unjust and unnecessary and not the past the swiss justice americans deserve. but mr. obama bears responsibility for the position in which he now finds himself in another way. those who cannot remember the past are condemned to repeat it, the philosopher once remarked. i doubt that history repeats itself, but there's ample evidence of it haunting those who ignored. why has mr. obama failed to close the guantÁnamo prison? the president can't move forward i want to suggest because you've been unwilling to look back. there's been no records public accounting of the crimes committed there, and no account of how they fit into the more distant history. so if i can repeat my history a little bit, post 9/11 guantÁnamo is not the historical anomaly we like to believe. in selecting guantÁnamo as a place for prison to hold detainees

the lawyer wants it tossed out as hearsay. >>> a bankruptcy court will decide whether an injured giants fan can suit los angeles dodgers. bryan stow sued the dodgers after he was beaten in the dodger stadium last march but the case was on hold because the team filed for bankruptcy. "the examiner" reports so's bankruptcy. >>> the san jose earthquakes have final approval for a brand- new soccer stadium. quake fans at city hall last night after the planning commission gave the green light for the long-awaited project. a lot of people on hand. commission approved the plan in december after neighbors expressed concern about noise and lights. >> i have a feeling that all the work that's gone into it will pay off for everybody. >> the team's owner lew wolff and staff made concessions for the plan. the privately funded 18,000- seat stadium will be ready in 2013. >>> 4:40. we have violence in baghdad. >> series of attacks crippling security forces. also ahead... >> while i was fighting to safety olympics, you were fighting to save the bridge to nowhere. >> gop presidential candidates exchanging

describing bruises that she got on new year's eve, that video should be inadmissible and considered hearsay. >>james: 64 this afternoon. we will be right back after this break. sites cox [ male announcer ] what happened when ford owners compared their trucks to a chevy silverado? i can see myself driving in this for hours and hours. i like it. man: i would definitely consider a silverado trade-up from the pick-up truck that i've got right now. [ male announcer ] we dare you to compare your truck to a chevy silverado, the most dependable, longest lasting full-size pick-ups on the road. celebrate president's day. get 0% financing for 60 months on all 2012 silverados. if you trade in an eligible vehicle, get an additional $1,000 trade-in allowance. offer ends february 29th. a plant is only as good as the soil you put it in. look, both these potted plants got the same sun. same water. only difference? this. miracle-gro potting mix. rich organic ingredients with miracle-gro plant food mixed right in. it even feeds plants for six straight months. want this result? gotta start with this soil. mira

differences between reality and ideology and, even though a lot of the seniors and others in is in hearsay, well, we -- about medicare. i mean, is that what they're saying, we have to cut these things? but the whole idea is, how come people will suffer for ideology and vote for somebody who really may undermine their survival? there are a lot of people now in this country who are urging. people who are middle-class. many people are unemployed. yet rather than voting the reality of where survival or their ability to continue functioning on a level that they had, they voted idea was see that seven times that for themselves. >> well, i believe there -- i believe there are two types of people here. there are those who believe that there are two types of people and those who don't. so in much the same vein i suggest there are two types of people, people who admit they have an ideology, and people who have an ideology but don't have made it a are not aware of it. we all do have an ideology. it is a world view and mood of the will to kind of camino, walk around politically and have ideas without

. >> evidence is out of court statements and hearsay. we need foundations for that. >> victim statements are often add missible in court but she says the videotaped comments were not spontaneous since she made them 20 hours after the incident. prosecutors argue that her remarks are add missible. the video showsner an emotional state speaking about what happened. they say the lapse of time when she spoke to madison is irrelevant vent. >> this video is a critical piece of evidence because in order to prove the domestic violence charges, you have to prove what is called a traumatic injury z a traumatic injury can be something simple as redness or a bruise. >> the judge was assigned to the trial today, presiding over numerous cases. mirkarimi said he's been seeing his son regularly now that the court allowed supervised visits. he said that he's had no problem doing his job as sheriff. >> since the judge just got the case today he wants the weekend to review you will of the motions. there are about three or four of them and then, trial resume

her lawyers say the video should be considered hearsay. prosecutors sate contains spontaneous remarks that should be add missible. abc 7 asked the sheriff about being reunited with his son. >> this is -- . >> how is he doing? >> great. very united with me. doing great. >> and this trial is set to begin next week, mirkarimi is charged with domestic violence, bat skpri dissuading a witness. >> crews are on the scene of a brush fire. and the fire started yesterday as a controlled burn off of soda canyon road. then, burned hundreds of acres. it's the kind of fire we rarely see in february. >> that fire as a name. they're calling it soda fire. controlled burn began here. this is the point of ignition. the police tape marks a spot. it was a land owner burning off some brush and refuse this, is one of the pieces here. a gust of wind came and it blew a spark. you can see 200 acres burned. and the fire is still burning to a small degree. and there is nothing compared to yesterday. this is february, but cal fire describes conditions with low tempera

mirkarimi's attorney says they are legally hearsay.ape the neighbor made of a bruise on lopez's arm. jury selection is not expected to get underway until next week. >>> cameras were rolling as an armed man was shot and killed at a hollywood gas station after a high speed police chase last night. a dozen officers surrounded the suspect, people pumping gas were just a few feet way as officers fired at the man, shattering the windows of the car. police say they opened fire after the suspect started waving a weapon. investigators say he carjacked a woman, abandoned that car and took another one from a driver into east los angeles. >>> investigators say they've found more human remains linked to the so-called speed freak killers this month serial killer wesley shermantine gave authorities a map leading to a well that he said would contain the remains of several victims. it did. investigators have found hundreds of human bone fragments. yesterday they expanded their search. remains found believed to be another victim of shermantine and loren

she says they are hearsay.ers asking the court to toss a video the neighbor made of a bruise on his wife's arm. the attorney says the neighbor ivory madison represents herself as a lawyer and lopez says she thought she had attorney-client privilege. >>> parents at a school in contra costa county are being warned about a possible outbreak of norovirus. the school is being cleaned from top to bottom. the school sent a letter warning about the symptoms. it is very contagious. the letter urges students showing symptoms to stay home for two days even after the symptoms go away. >>> dry conditions and thin snow pack means less water for california farms and cities this year. the department of water resources has reduced its estimate of the amount it can deliver from 60% to 50%. the snow pack is less than a third of normal for this time of year. offs in parren say low rainfall and damaged well will force water restrictions for some residents. >>> we don't have enough to go around now. >> no. just look at what we've go

>> hearsay.y. >> she said she talked to her father and her father said what she said to incriminate the other guy. clearly he was right but there was an argument, what the defendant did was take this victim away from the group they were in for a reason that his watch was not working, dive watch was not working and the manufacturing company would have contradicted that and the argument the prosecution made was he was trying to get the victim away from the group and here's the clincher. he said i wasn't a rescue diver and the truth is he was certified in four areas, open water, advanced rescue, and he said i never brought anyone up from the bottom of the ocean and his team buddy said he was basically a liar, he said we practiced bringing unconscious people up from the ocean floor. >> gregg: in the louise woodward nanny trial the judge led it go to the jury which convicted her of murder charges and then the judge said, you know what? i disagree and set aside the verdict and reduced to it manslaughte

his wife -- to will you statements that his wife alleged made to neighbors saying they are legally hearsayarimi's lawyers asking the court to toss out video a neighbor made of a bruise on his wife's arm. the attorney says ivory madison vents herself as a lawyer and lopez thought she had -- represents herself as a lawyer and lopez thought she had attorney-client privilege. >>> a school is being cleaned from top to bottom, a letter was sent to parents. norovirus causes stomach illness and is very contagious the letter urges students showing symptoms to stay home for two days even after the symptoms go away >>> the head of the u.s. coast guard is giving his annual address in al -- in alameda this morning the first time he's given the speech outside of washington. he plans to use three new coast guard cut in a speech that asks for more ships. he says the vast majority of his 40 major ships were built during the vietnam war and are falling apart. the coast guard rescues boaters to intercepting drug runners. >>> dry conditions and a thin snow pack means less water for california farms and cities

the judge said that is irrelevant hearsay.at is a huge decision where the prosecution is resting their case on this motive, this life insurance policy. >>shepard: i remind our viewers, the husband, the newly wed husband went to the newly wed wife you need to increase your life insurance policy from this amount to this amount and she said she would, and she said she did but she went to her father and said just don't and say you did, and leave me as a beneficiary of your life insurance policy, anyway, but the husband was under the belief that he was the beneficiary of a much larger life insurance policy and the theory was that is why he killed here but he has been acquitted. >>guest: the judge would not let the testimony in which is huge for 9 prosecution.Ñi >>randy: that was of proo of nothing, and quite frankly --. >>shepard: that is a judgment call and other judges might have made a different decision. i am not say it is right or wrong. >>randy: what you have is nothing that is stunning. and nothing that is shocking. >>shepar

. >> for me, i never listened to the tabloids or to hearsay. i go with my own personal reflection.always been in great spirits. she's never done anything. you always see the aftermath. it's always blown out of proportion. especially now, people have a problem minding their own business. i know that's something not easy to say when you're a celebrity, but that's really what happens. you want to get so wrapped up in other peoples' lives because you love them. now with the internet and social media, it's been polarized to a power of god knows how much. it's so sad because we end up crucifying people through the media all the time. i think that really sucks. >> but you know what, the power of social media, what i'm seeing online and twitter and facebook are people who are saying, you know what, let's be positive about what whitney stood for because everyone has trials and tribulations. so i want to come back and talk to you about that. about the pit fals of being a star. about how social media is changing the way that the traditional media is covering whitney and other celebrities who

e says they are legally hearsay. the lawyer is also asking the court to rule out a videotape. the attorney says ma madison represents herself as a lawyer and that lopez says she thought she had attorney-client privilege. >>> well, add another two cougars to the rash of mountain lion spottings in the bay area. the pair tripped a surveillance camera monday night at the top of mount umunum the tallest peak in the santa cruz mountains. they meandered back in the woods. that follows two sightings yesterday. a german shepherd treed a big cat in losaltos. >> when abc 7 news at 9:00 continues. a as people filled up they got fed up and it is showing. plus. >>> democratic governor jerry brown has a plan republicans love so much they are willing to embrace it word for word. i will tell you about the unusual endorsement. >> the fremont solar company that closed last year still has key people on its payroll. find out how much they are getting paid. >>> good evening. we'll start the half hour with a look at the headline is. parishoners angry and sad about vandalism at a union city church. g

crew hearsay to wait for a ladder truck in order to get him down.r old victim is recovering in the hospital. >> today marks the 54th running of the great american race and a lot of attention is on patrick, the third woman to ever start the daytona 500. she started yesterday on the poll but she was spun out by a teammate and finished 38th. she starts today's at 29th. our coverage begins in just a few minutes at 9:00 a.m. >> former 49ers terrell owens is playing football again. he made his indoor football league payday beau last night. he caught 3 passes, all touchdowns as the wranglers won that game. he played in front of 5700 fan which is is largest crowd ever for that team. the attendance surpassed the wranglers entire season total for all of last year. >> the nba caps off tonight with the all star game but one of the biggest draws is the dunk contest. >> wow. >> i'm telling you, this is a tough dunk here. >> wow, that's jeremy evans of the utah jazz dunking not one but two balls at the same time. he was a last minute replacement and went on to win

but the folks hearsay what happened to her has led them to recommit themselves to their own recovery one day at a time. reporting live in concord, i'm jody hernandez, bay area news. >> jody thank you. plastic rain tarps went over the piles of dirt excavated from an apparent mass grave. weather forced a halt to the search. hundreds of bone fragment have been found in the last four days in a well on an abandoned ranch near the town of lyndon. the search was launched after a tip from convicted killer, wesley sherman tien who claims there could be more than ten bodies in that well from a killing spree in the 1980s and '90s. >>> we have up to 34 piles of dirt and debris that we're having our personnel sift through. it's tedious and lengthy. so we're going to be here a while. >> sherman tine's partner in some of the crimes committed suicide last month. searchers resume sifting through the dirt tomorrow morning weather permitting. >>> a california law banning affirmative action on a campus is -- schools rallied against prop 209 in san francisco today. the law has been challenged several tim

many people hearsay that whitney houston did that.ing that she might have faced, obstacles and challenges that she had, struggling with her own demons, they say that whitney houston was a remarkable woman and having met her in the past i would have to agree. here's a sample of some of the things that went on. stevie wonder, let's listen. that's one thing i know and the other thing i know for sure, and this is more important than anything she has done in her life, whitney houston loved the lord. [applause] >> you see, when you have people like tyler perry being able to say that and know that they know that they know what they are talking about, it resonates well with the people who were here. 1,000 invited guests who were here to actually have a private ceremony for whitney houston. but because of the public and because of her adoring fans, the family actually allowed a camera to be in there. the camera was very grace full and this is just a grace full day. a celebration for a legendary performer. >> kelly, before i have to let you kno

lawyers for the sheriff say the video should be considered hearsay. nbc bay area has obtained a new screen grab of the video taken by lopez's neighbor shortly after the alleged new year's eve incident. lopez is visibly shaken in the photograph. you can also see what appears to be a large purple bruise on the inner part of her upper right arm. eliana lopez has publicly denounced the case against her husband. >>> he was perusing more than just the paper backs. a convicted sex offender has been arrested for groping women at two east bay bookstores. investigators say they need more victims to come forward so they can make sure the only reading this molester does is from his jail cell. jodi hernandez has the new details and joins us live from dublin with the very latest. >> reporter: jessica, usually police go to the public for help in finding a suspect, but this time it's victims they're looking for. now, police do not want to name the bookstores where these attacks took place because they feel it might hinder their investigation, but they very much do wa

we had no nearby bases to do over flights, it was all based on hearsay or secondhand mostly. the military did their best to track the japanese ships in the pacific but be would frequently lose track of them. we attempted to track japanese ship movements but also lost track of those as well. there's probably a little bit of that. the definitely, it was a failure of imagination on the part of everybody in america to imagine that a japanese armada could sail thousands of miles, stop in the middle of the pacific to refuel and then steam up again and make the this way all the bay undetected because, you know, we forget that pan-am, for instance, had routine over flights between san francisco and the philippines and other parts of the pacific. there were commercial vessels and fishing ships that operated there. there are naval ships that operated there. and so i think there was partially an assumption that nobody could get away with this. >> you can watch this and other programs online at booktv.org. >>> coming up next, the history of the occupy wall street movement written by 60 a

the lawyer wants it tossed out as hearsay. >>> a bankruptcy court will decide whether an injured giants can sue the los angeles dodgers. bryan stow sued the dodgers but the case was put on hold because the team filed for bankruptcy. "the examiner" reports stow's attorney blames the team for the assault because it had fired 300 security staff members prior to attack on stow. >>> coming up, gas prices getting higher by the day. this morning how the president is responding to our frustration at the pump. >>> plus, the attacks fly in arizona. >> while i was fighting to save the olympics, you were fighting to save the bridge to nowhere. >> the jabs against the front- runner at the gop debate. we'll have more. jim wilson? here is the chase freedom 5% cash back you get on amazon.com purchases. wow! and your kindle fire. thank you. do you have any bubble wrap? activate your 5% cash back at chase.com/freedom state. severe budget cuts may force the ca >>> as thousands of students are playing the waiting game, san jose state, several budget cuts may force the campus to turn away as many as 1400 so

a teen fighting for hearsay life after a shooting.eceived reports of gun shots around midnight near the intersection of east santa clara and 24th street. by the time they arrived on the scene victim had been driven to a hospital. the man was shot at least once and suffered life threatening injuries. police have not identified a suspect or a motive for that shooting. >> two northern california pilots lucky to be alive after a midair collision. it happened around 7:00 last night near the municipal airport northeast of oakland. both crashed. the chopper in a field about eight miles away. the plane went down south of byron airport where it was trying to land. the two pilots suffered only minor injuries. the faa and the national transportation safety board are investigating. >> the bay bridge open ahead of schedule this morning thanks in large part to mother nature. the bridge was supposed to open -- wasn't supposed to open until tomorrow morning but because the weather cooperated the westbound direction opened at 8:00 a.m. last night -- o

his wife describing how he bruised her on new year's eve should be ended miscible and considered hearsay tail county is being sued for telling cars illegally. specialty telling is accused of illegal telling vehicles from private parking spots without the permission of the property owners. they are also polling more than 300 customers more than $24,000 if because the company said special equipment was required. their business license was suspended by the state in august of 2011. >>james: in san francisco, a person was caught underneath a muni train. it happened at irving and second avenue. the train was stopped at the intersection when a woman tried crossing the street by passing between the two railcars. when the train started moving again, she was trapped in the drag of to me. she managed to escape with only minor scrapes and cuts. this morning, google has agreed to support a do not track button to be embedded in most web browsers. it is being announced as a part of the white house called for congress to cat's a privacy bill of rights they gives people greater control on personal inform

say the video, as well as accounts of what neighbors claim lopez told them, should be considered hearsay talal says prosecutors are confident a judge will admit the video as evidence as it would be difficult to proceed without it. >>isabel: this is so annoying. henry? >>henry: i hope that you will calm dow come down --. earlier,e the entire place to ourselves. at the orcutt fest. orchid >> announcer: well played, dan. well played. citibank popmoney. easier banking. standardcitibank. oh will you grab us some yopla sure. what flavor? mm, one of each. lemon burst, hm, cherry orchard, blackberry harvest... my daughtes grabbing some yoplait. pina colada, orange creme. i can't imagine where she is... strawberry cheesecake. [ grocery store pa ] clean up in aisle eight. found her! [ female announcer ] yoplait original. 25 flavors for you to love. it is so good. makes it easy for anne to view her finances from anywhere. like gate d12 for the next three hours. citibank for ipad. easier banking. standard at citibank. >>henry: we are at the orcutt exp orcuttorthe expo and the ten commandments. >> wh

neighbor about bruises that she received new year's eve should be inadmissible and be considered hearsayrday afternoon. it happened at irving and second avenue. a train stopped at the intersection of as a woman was crossing the street. she tried to pass between two rail cars safely and when the train started live in a fan she was flat sunday furious she was taken to hospital and managed to escape with only minor scrapes and cuts. full when police are investigating the death of a 78 year-old man found dead in his home in the oakland hills yesterday morning's. here is a map of the area at zachary drive. for joseph robertson was discovered in his home. appears that he was there for days. homicide investigators say they are not ruling out foul play but his cousin says he does not know why someone would hurt and. for >> many of us have an enemy. i cannot think of anyone who would love for fm. for my fifth thought is, he did not possess anything that happened to him if this turns out to be what it looks like it is. for >>darya: a friend of the family discovered the body around 8:00 a.m. yester

. >> according to some reporting, this deal would add $100 million to the total debt, so that's hearsayes of the aisle that are not happy about what they're hearing about this agreement for the respect active reasons. there are quite a few conservative republicans not happy with that exact point, that this payroll tax cut portion is not paid for. it's something they have insisted on all along and it's really a principal of what they were elected to bring down the deficit, to fight this adding to the debt, if you will. democrats are also some democrats, brooke, that are not happy with this. they're not happy there is a

as far as the testimony about the life insurance policy, that's hearsay.somebody's -- what somebody else said to prove the intent of murder. it's like one of the most basic laws or basic rules in trial practice. bill: and this case is over. there's no appeal. i mean, this -- >> no. none. it's done. bill: it's before a judge, it's done. tamra holder. a stunning development late yesterday. thank you for your time today. >> thanks. bill: martha. martha: well, back to syria now, where rebels are being slaughtered and civilians are asking where is the help for what is going on in syria? what should the united states do? >> syria is a puppet state of iran. they are a threat not just to israel, but they have been a complete destabilizing force within lebanon, which is another problem for israel, and hezbollah. martha: so the u.s. military is on the sidelines of this crisis, at least for now. should we go in is one of the big topics of discussion. we're going to bring that on next. bill: guns blazing, police in hot pursuit of a carjacking suspect. have you seen th

police at u mass am hearsay using smoke bombs and flash grenades. 14 unruly students at least behindnrest like this not uncommon at that university students rioted after the death of osama bin laden and the patriots lost to the same giants in the super bowl back in 2008. martha: developing news in syria this morning. the state department closing the u.s. embassy in damascus. they are urging all diplomats, all americans to leave, not to enter the country either if that is anyone always intention. hundreds of people have been killed in these riots, over the past two days and as many as 7,000 since this incredible violence started on the ground in syria. look at these pictures, folks, they tell so much of this story. kt mcfarland joins me now, fox news national security analyst. good morning k. t., it's good to have you with us. your reaction to this news about the closing of our embassy in damascus? >> the president is doing it because he's worried that the american diplomats are going to be taken hostage which is exactly what happened in iran at the end of the carter administration. t