the jury that holmes was in charge at theranos and calling the shots. let's bring in our business and tech reporter scott budman who was in court all day. we're out of the lab and 92 the investment phase of this trial. >> yeah, it's true, and there are several big-time investors both from silicon valley and wall street who collectively invested and lost hundreds of millions of dollars in theranos. today, one testified that elizabeth holmes was in charge and very persuasive. >> what do you think is going on? >> this is what happens when you work to change things. >> it was shortly after a damaging "wall street journal" article that elizabeth holmes went on cnbc's "mad money" to defend herself and theranos. >> first they think you're crazy, then they fight you. then all of a sudden you change the world. >> prosecuted played the interview in court today. >> i think the tv clips give the jurors an opportunity to see elizabeth holmes in her element. they get to see her as the in charge ceo, as the very confident investment individual. and that's a very diffe

holmes about this? >> if convicted, holmes could face up to 20 years in prison. holmes' former boyfriend and ceo of theranos also faces federal charges. his trial is expected to start sometime early next year. nbc, bay area news. >>> there was a puppy that was abused. she has a broken bone in her paw. yesterday someone called antioch police saying they saw the man abuse the puppy behind the target on lone tree way. >> this person was great enough to record and scream at the suspect and call 911. >> reporter: police ended up arresting the man who could face felony child abuse charges. as for river rose, the officer you just heard from decided to foster the puppy and then adopt her. it was officer whitaker and his family who gave the pup her name, river rose. >>> air filters and mask mandates. that's something they're going to voice at the district meeting tomorrow, but the district says low numbers indicates the district's current strategy is working. so what's it going to be? >> reporter: refresh the unified district's covid cases and you'll see the covid cases a

apparently elizabeth holmes didn't take no for an answer. prosecutors show the jury that elizabeth holmes made a deal with walgreens that used to the pfizer logo, and said pfizer had endorsed the technology. >> it's significant because it goes to fraud. >> reporter: and other witnesses companies did invest in theranos testified that he secretly taped an investor leading led by elizabeth holmes and it was played in court. elizabeth holmes led investors to believe the theranos devices were already being deployed by the military in afghanistan, which was false. he had a soft spot for that page because his brother was deployed as a marine. also today the judge had to release another juror from duty for what the judge called good cause. it is the third time a juror had to be let go, and there are now only two alternates left. in san jose, len ramirez, kpix 5. >>> a bust of black panther party founder huey newton is said to be unveiled. >> user divisive figure, but his words are reminiscent of what we hear today. >> the police are in our community

but apparently holmes did not take no for an answer. prosecutors show the jury that homes made a deal with walgreens with the pfizer logo, and that pfizer had endorsed the technology. >> it significant because agosta fraud. >> another company testified that they secretly that an investor meeting led by holmes, and the tape was played in court. it said holmes led them to believe that the devices were already being deployed in afghanistan, which was full. he said he had a soft spot for the pitch because his brother was deployed as a marine in afghanistan. also, the judge had to release another juror from duty for what the judge called good cause. it is the third time a juror had to be let go, and there are now only two alternates left. len ramirez, kpix 5. >>> still to come, what pfizer had to say today about how well it's vaccine protects kids. >>> new details on alec altman's movie set shooting in new mexico. what he was told moments before the tragedy that killed a cinematography and wounded a bay area director. >> situations like this

it is that elizabeth holmes and mr. balwani were making outright fraudulent hesitations to induce vectors and to join the team. >> reporter: when was media mogul rupert murdoch whose email chains were shown to the jury. she asked him to join the board, and he was interested, but also asked about a fingerstick he gave as a demo but never got results. he agreed with the defense lawyer that he never put forth information that he thought to be false. the trial is now roughly at halfway point with no indication whether holmes herself will testify in her own defense. >> it's damning what is happened to this point, but holmes is the one person who can get up and explain herself to the jury and why she took the steps she did. >> you said they are halfway through in the trial? at what point did the defense lawyers determine whether or not to put her on the stand? >> reporter: that's a good question. it is the question of this trial. the thinking is that it probably won't be until the very end of the trial, and that the defense w

when did elizabeth holmes know about it? here is our business and tech reporter scott budman from her federal fraud trial in san jose. >> reporter: the trial of elizabeth holmes is to an extent the story of how walgreens was convinced to put the palo alto start up's machines in its stores and test the blood of its customers. >> the narrative that is being created around a desperate elizabeth holmes, how desperate theranos was, these companies were at least as desperate. there's a lot of pharmacies out there, a lot of major supermarket chains out there that would have turned their entire business model around if theranos had worked. >> reporter: testimony today from another walgreens executive who says the pharmacy chain was extremely optimistic about a deal with theranos, invested tens of millions of dollars into the start up, and used terms like magical and intriguing to describe the theranos technology. technology that would ultimately prove inaccurate when it came to test results. there were also more heated text messages

. >>> a juror dismissed from the elizabeth holmes trial. what she told the judge. >>> do you want $9,000, trade in gas guzzler and go electric. how the new program works. >>> good evening, this is nbc bay area news tonight, i'm raj mathai. another local county imposing water restrictions. question is will you be fined if you don't cut back? we'll get to that along with something fun, 50 best restaurants in the world, three of them in the bay area. let's start with the mask. we take this thing everywhere, right? is it time to drop the mask mandates? we've gone through this before, now doing it again. bay area health leaders expected to make a big announcement as early as tomorrow. right now almost every bay area county requires us to wear masks most indoor businesses. lone holdout, solano county. could change soon, finalizing a plan to ease the rules based on three things -- how many people are vaccinated, how many covid cases we're seeing, how many people are in the hospital due to covid. how do the businesses feel? this is always tricky. d

devoss family was enticed into a major investment with theranos, the company that holmes found it. kpix 5's len ramirez is live at the courthouse with more on this trial. >> reporter: the devoss family made a fortune with amway . they were part of a small group of investors hand-picked by elizabeth holmes to back the company, but they ended up being some of the biggest losers in this case. lisa peterson is a manager for the devoss family investment corporation. she testified that in 2014, elizabeth holmes offered the family an exclusive opportunity to privately invest in theranos. peterson said the family was ready to put down $50 million. after meeting with holmes, in which she claimed her device could use hundreds of lettuce, was being used by the military and walgreens, and was validated by 10 major pharmaceutical companies, they doubled their investment to $100 million. >> she knew those would be persuasive. >> reporter: law professor allen kreisberg says it was a key moment for the prosecution. >> they will always go back to say she made these with the intent to defraud them.

today holmes' attorney cross-examined dr. adam rosendorff, attempting to discredit the doctor, who ultimately leaked the information that exposed the failed blood testing technology at theranos. holmes' defense attorney questioned the accuracy of rosendorff's emails. that's critical, because the state says those emails proves that elizabeth holmes knew that her machines did not work, but continued to lobby investors. the defense also questioned why the doctor didn't bring up many of his concerns when talking to an inspector with the centers for medicare and medicaid services well before the leaked information to "the wall street journal." >> so it's a blame shift that the defense recognizes is vital to their case. they want to take the focus elizabeth homes and put it on the lab director. rosendorf res. elizabeth holmes faces federal charges for defrauding patients and investors. if convicted, she could be sentenced up to 20 years in prison. now we are following every twist and turn of this trial. you can find a full debrief

that's elizabeth holmes walking into court with her mom again today. today we also learned about a deal between a long-time area grocer and the upstart biotech company and how that relationship between safeway and theranos was doomed. our business and tech reporter scott budman was there for both. you lost a juror today and you heard about the broken deal, scott. >> reporter: yeah, pretty interesting day. and as you mentioned, the focus of the jury changed from the courtroom to their local safeway this morning as the ceo of the bay area grocery giant talked about a deal he made with elizabeth holmes and theranos, a deal that eventually went south. not long after elizabeth holmes walked into court this morning a second juror in the trial of the theranos founder was dismissed saying her religious beliefs make her uncomfortable judging holmes and we are only if they another couple of jurors, you could have a mistrial in this case. >> >> reporter: next on the stand, former safeway ceo steven bird who. >> after becoming impressed with holmes, testified that

the deals they cut with holmes and theranos. scott budman is live outside the federal courthouse with the latest. scott? >> reporter: good evening. both walgreens and safeway say they had deals with them to put blood testing machines inside the stores. the safeway deal fell through. walgreens did put the machines inside and eventually test them on some of their customers. it's where theranos met the public. walgreens, which under the chief financial officer, cut a deal with the medical startup to put its blood testing machines inside stores and grocery giant safeway, which planned to put machines in 969 of its stores. >> i think today was very, very critical. when the safeway ceo said, we did our due diligence. >> with holmes listening inside the courtroom, safeway's ceo and walgreen's ceo talked about how optimistic the companies were about deals with theranos. she talked about many other large clients, including work being done with the military. >> it becomes this maelstrom of confidence. safeway is doing. walgreens is doing

holmes is accused of telling investors the machines were in fact being used during battle. our business and tech reporter scott budman was in court all day. did connection is pretty important, scott? >> yeah, it feels that way. it kind of seems like the prosecution is starting to set the table to ask investors if they invested hundreds of millions of dollars into theranos under false pretenses. the focus of the trial of elizabeth holmes moved to the relationship theranos had with the u.s. military. >> we're out of the laboratory, into the public. >> reporter: the latest witness, former theranos employee daniel edlin, testifying that while the company was testing devices to see if the military was interested in someday using them, the boxes as we previously learned from former defense secretary-general james mattis' time on the stand did not ultimately get used by america's armed forces. >> and it's very clear so far that they were only in a research/evaluation mode, that they had never moved into clinical trials or treatment of patients with the department of defense. >> re

scott budman reporting in san jose covering the he luz beth holmes fraud trial. thank you, scott. >>> up next, possible power shutoffs coming to the bay area because of windy weather again. we're going to let you know if your neighborhood is going to be impacted and when. >> we're watching the wind very closely. clearing skies. chilly conditions around san jose right now. but 80's could be just around the corner along with rain chances in our seven day forecast. we'll look when we come back. >> this isn't home work for art class or an english assignment. these are handmade signs that these students in hayward have created to try and save their school from closing down. next on nbc bay area news, we're going to explain what the debate is all about. >> when we're joined by our viewers in it the west, we'll tell you how and why the government plans to reduce the amount of salt in our diets. also our interview with the early victims of havana syndrome, the unxplabd phenomenon that affected hundreds of u.s. diplomats and spies. more when we see you back here tonight.

. >>> now some drama in the elizabeth holmes trial. len ramirez was in the courtroom as a new witness took the stand and a juror was asked to leave. >> reporter: the ceo of safeway testified that he made a business decision to make a deal with theranos, even though elizabeth holmes herself was not able to demonstrate the technology. former safeway chief executive steve byrd said he was immediately interested in theranos when he heard elizabeth holmes' pitch that her desktop devices could run hundreds of blood tests from one fingerstick of blood. he said the company formed plans to put them in stores and arranged a demonstration for his board of directors in which homes through for one of the board members and put into her machine. it made noises, he said, but it never gave results. >> what this is doing is putting the focus back on elizabeth holmes. >> reporter: steve clark says the fact that safeway went on to invest $85 million in theranos is significant. >> when you hear about the demonstration that was done in front of these people

it is up to them who they want to believe. >> to the lab director ever asked elizabeth holmes to stop using the theranos devices for the test? >> that's a good question. it came up at trial today. the lab director said no to my he never directly brought up to elizabeth holmes that they should stop using the theranos devices, because he said there was tremendous pressure that permeated the company to make those devices work . he said he personally worked very hard to try to make it work, but it just couldn't. he felt it wouldn't work, so the best course for him would be to just step down, which he did, at the end of 2014. >> more testimony to come. thank you. >>> still ahead on kpix 5 , and streaming on cbsn bay area, new developments in the massive oil spill in southern california. the new clues that could reveal how this happened. >>> and other bay area freeways shooting. this time, the victim a 3-year- old boy riding in the backseat. >>> how the giants are getting ready for friday's playoff opener. we will have a live report from oracle park. shoot. what's wrong? i think i'm down to

. >>> did elizabeth holmes's defense team just turn a star prosecution witness to their advantage? >> what the defense is trying to do is chip away at the lab director's credibility. i think they were effective. >>> you have never seen a storm quite like this. the drones i view inside of a hurricane. >>> join us every weekday afternoon at 3:00 for an early jump on all your local headlines, followed by the "cbs evening news" with norah o'donnell . working at recology is more than a job for jesus. it's a family tradition. jesus took over his dad's roue when he retired after 47 year. now he's showing a new generation what recology is all about. as an employee-owned company, recology provides good-paying local jobs for san franciscans. we're proud to have built the city's recycling system from the ground up, helping to make san francisco the greenest big city in america. let's keep making a differene together. >>> some tense moments atlas also's high school today after somebody called in a bomb threat. chopper 5 overhead is students and faculty evacuated just before noon today. the sur

that type of evidence points to elizabeth holmes. of the defense who's saying? well, it wasn't elizabeth holmes fall. it was someone else's fault. this trial resumes on tuesday, with more witnesses expected to be called by the prosecution. at the federal courthouse in san jose evan sernoffsky ktvu, fox two news. reminder you can find the latest updates on the elizabeth holmes trial. ktvu dot com ktvu investigative reporter evan sernoffsky continues to live blog. new information when court is in session. san francisco city employees insured through kaiser permanente or having a hard time accessing mental health care. at a hearing on thursday, the board of supervisors government audit and oversight committee. reveal that city employees sometimes have to wait up to three months for our first appointment with a therapist. the hearing was called in response to complaints about kaiser insured city employees and retirees who are not ge kaiser says while it has stepped up access to mental health care, a national shortage of health care speci

. >>> elizabeth holmes was in charge. that was the message again today as prosecutors continued to make their case against the theranos founder. scott budman has been covering the trial since the beginning and joins us live with more. scott? >> reporter: good evening, janelle. yeah, the prosecution took today to try to convince jurors that holmes was running the show at theranos the whole way through. getting testimony from former theranos employees that holmes was seeking out new investment when she knew the blood testing machines did not work. more testimony today linking elizabeth holmes with key decisions made at theranos to continue to raise money from investors, even as the company's blood testing machines proved faulty. >> the demonstrations were a flop, but they changed the data to make them look better. >> reporter: daniel edlin was testifying that while the blood test mag sheens and their potential were being talked about in the press, even rumored to be on their way to the military, the results themselves were

that type of evidence points to elizabeth holmes. it absolutely flies in the face of the defense who's saying? well, it wasn't elizabeth holmes fall. it was someone else's fault. this trial resumes on tuesday, with more witnesses expected to be called by the prosecution. at the federal courthouse in san jose evan sernoffsky ktvu fox, two news students protested outside the university of southern california's sigma nu frat house following reports of alleged sexual assaults and drugging. the demonstrators covered the frat house with signs and personal notes with the protest coming after university officials suspended the frat following those allegations, it means the fraternity is forbidden from hosting social events. students say the demonstration is about denouncing sexual assault embedding together they're also critical of how they say these incidents are handled by the university. the university is kind of putting this narrative where it's like, oh, we as women have to protect ourselves and like it's on us to kind of take measures

holmes is the co-founder of the failed med tech company theranos. he's accused of knowingly milking investors and patients out of billions of dollars. holmes lawyer unveiled a series of emails that appeared to show the lab director dr. adam rosen dofr was aware in 2014 that the lab had many issues. the emails appeared to sew the lab was in disarray and that holmes may have been left in the dark. >> if she's saying, look, i'm relying on the lab to get this right, i brought in the best people in the country to work at theranos and we entrusted them with the scientific aspects of this case and when they're not telling me these problems how am i supposed to not believe in the theranos product as well. >> it claimed its technology could test for virus medical ailments with one drop of blood. including birth defects and cancer. the company failed. testimony continues next tuesday. >>> well, this is the last thing wants to see, especially in a drought. a major water main rupture in alamo sent hundreds of thousands of gallons of water rushing into the stree

>> reporter: the defense denied holmes was involved in any fabry and more to the point, they say, shein the technology, still does to this say, and the fact that it failed, they say, is not a crime. daniel evans will be back on the stand for more next week shep >> scott cohn, thank you. >>> just in to cnbc from the white house tonight, president biden said he supports prosecution for those who defy congressional subpoenas. that would include steve bannon, the former adviser to then-president trump bannon is defying a subpoena for testimony and documents from lawmakers investigating the insurrection a spokesperson for the justice department just responded and said, the doj makes its own independent decision the january 6th committee will vote tuesday to recommend a criminal contempt of congress charge against steve bannon. that vote, 7:30 tuesday night. live coverage here on the news. >>> an alarming rise of guns at airports tsa is reporting an all-time record of firearms seen at security checkpoints all across the country. so far this year tsa officers confiscated nearly 4,500 guns at

she thinks of holmes possible punishment every single day.nto the trial and the juror told the judge that she would have a guilty conscience if she voted to convict holmes. she was replaced with an alternate juror. the alternate juror expressed concerns walked into the courtroom, and pointed to holmes and said she's so young, i could make a mistake. frankly, i'm not sure i'm 100% ready to participate in the trial like this. that juror was persuaded to stay in the trial really, guys, over all of the shake-up, is elizabeth holmes a sympathetic character, while she's sitting in the courtroom, not saying a word. >> what do you think the significance, do you think, of that second dismissal? >> this shake-up leaves three juror alternates on the bench for a trial that's supposed stole last until december. losing too many alternates runs the risk of a mistrial speaking to legal analysts, they say they've actually not heard of something like this before but yet they're not surprised when it comes to this case elizabeth holmes was this mesmer mesmerizi

. >>> and another juror dismissed in the trial of elizabeth holmes. we'll tell you why on "nbc bay area tonight." >>> we'll get you caught up to speed now on stories we're watching at this hour. yesterday they were formally approved and today you can go get one. we're talking about booster shots, all three kinds of boosters are available at santa clara sites today. the fairground saw 200 people with appointments and many more walkup patients in just the first few hours. before now, only pfizer recipients could get those boosters. the cdc now says any qualifying vaccinated person can get a booster. >> i will feel more safe and more confident, being able to, like, go about with or without a mask, you know. >> i'm doing it for myself, for other people. i just think it's something we need to do to get this under control and get back to normal. >> joining us this evening, a doctor with the santa clara county health department. dr. marty, glad to have you back on the program. do you have the inventory? >> we do have inventory. and that's the good thing. so

. >>> now to the latest on the elizabeth holmes trial. her lawyer ended the week on a high note, pointing out the doctor and patient complaints about theranos pregnancy tests because of backlogs, not an accurate test results. kpix 5's len ramirez has been covering the trial, and it joins us live from san jose with more. >> reporter: all this week, the former theranos lab director has been grilled on cross- examination by elizabeth holmes's lawyers, who have been methodically going over old company emails to poke holes in the prosecutions case. defense lawyer lance wade showed former theranos lab director and adam rosendorff an email that the prosecution previously brought up to pru problems at the lab. it was from fawn fire employee christian holmes, who emailed his sister elizabeth in 2014 saying the pregnancy hormone tests are causing some, quote, serious issues and patient complaints. then they followed a follow-up email that said the complaints were about long wait times for results caused by a shortage of testing materials reagents i

prosecutors in the federal case against theranos founder elizabeth holmes this week are laser focused of them ponied up staggering sums after being pitched by the charismatic ceo. the devos family was prepared to invest $50 million in the company. but double down after seeing a demonstration that there are no sis palo alto headquarters in 2014 lisa peterson works for the family. she testified tuesday that holmes falsely told her theranos only used proprietary technology and only tested blood from the pricks of the finger as they go through fact, by fact, they're going to document the misrepresentations. but then they will always have to go back and say she made these with the intent to defraud them to get their money the prosecution also played television interviews holmes gave after the wall street journal exposed the company's failures in 2015 including this interview with mad money's jim cramer. this is what happens when you work to change things, and. first they think you're crazy. then they fight you. and then all of a sudden you change the world. prosecutors also played this 201

good evening, everyone and heather holmes and i'm entree senior frank and julie are off now. tonight, they all met with the oakland police chief and city leaders to try and find ways to stop the break ins. katie's jana katsuyama was at that meeting and joins us live tonight, janet. andre one woman said that she's had her car broken into three times in just the past year, and many of the business owners said that they're very worried that this might be keeping people away just as these businesses are trying to recover from the pandemic. business owners in downtown oakland, say broken car windows and broken glass lining the streets have become such a problem. it happens all day long here. some thieves are breaking into vehicles in broad daylight. even with witnesses around to see i've got my car broken into three times. lulu safi, the owner of maya holiday, zakariyah. says three break ins in just the past year has cost her hundreds of dollars each time. it's my car was parked right here on 14th and one of my customers like, hey, your cars but to get like it's getting broken int

. >>> happening now the fraud trial of elizabeth holmes has resumed in san jose.she is accused of misleading investors and doctors about the effectiveness of the company's blood testing technology. last week a former chief executive of safeway took the stand ace witness. he described how holmes gave a demonstration of a desktop device for the board ofthe mach not give results. even so safeway invested $85 million in the company. the testimony may help the government establish that holmes was a convincing individual who created a lot of damage. gruden has quitover a series of reported e-mails that used crude language. >> he was already under fire for another e-mail first reported by the wall street journal where he used a racist stereotype. >> he no longer is the head coach of the raiders. >> the news came as millions watched monday night football. gruden announcing his resignation from the team less than two hours after the new york times reported they found hundreds of e-mail exchanges between him and a fired washington team president bruce allenn. one e-mail he

. >>> we are talking big investment dollars and jury privacy concerns in the elizabeth holmes trial. the latest just ahead. >>> clearing skies, cool temperatures continue. check out livermore, 63, big cooldown today, temperatures set to reverse tomorrow. we will talk about that. plus fire danger and a red flag warning for solano county when we come right back. ever wonder how san francisco became the greenest big city in america? just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together. >>> did the race to get theranos machines into retail stores cloud the judgement of some executives. in testimony today, a former walgreens executive testified about the pressure to move quickly. all the money that it would cost to do it. let's bring in scott budman who has been in court throughout the trial. we are talking about a lot of money being discussed i

bum-pa-dum, bum-bum-bum-bum ♪ >>> the fourth week of elizabeth holmes' criminal trial just wrapped, anddetails emerged about how the theranos blood testing startup promotedtests that were marred with inaccuracies. jurors heard from just two win thes, a senior scientist at a pharma company who cut off a deal with theranos because their supposedly revolutionary machines didn't work, and a former theranos lab director who talked about a patient who increased her blood thinner medication because of a theranos test and after she said she didn't feel right and started getting bruises on her legs and arms that theranos test turned out to be inaccurate. but the details that captured the public's attention the very most, elizabeth homlmes' diary entries, obtained by cnbc. in them she wrote about becoming steve jobs here's cnbc's scott cohn >> reporter: steve jobs died in 2011, but his spirit lived on at thera theranos, where elizabeth holmes emulated him, from the black turtlenecks to the lofty aspirations. >> first they think you're crazy. then they fight you. and then all of a sudden you chang

>> reporter: steve jobs died in 2011, but his spirit lived on at thera theranos, where elizabeth holmesthe black turtlenecks to the lofty aspirations. >> first they think you're crazy. then they fight you. and then all of a sudden you change the world >> reporter: in a cryptic series of notes to herself in 2015 obtained by cnbc she writes about becoming steve jobs, though the context isn't clear >> looking back do you have any regrets about all of the steve jobs comparisons over the years? >> reporter: the comparisons were everywhere in holmes' heyday, and they were a powerful draw for employees like former lab director adam rosendorf, who testified he joined the company in 2013 because he thought it was going to be the next apple he would resign 18 months later, convinced he said that the company cared more about public relations and fund-raising than about patient care holmes' attorneys have been aggressively cross-examining rosendorf for three days now and counting including confronting him with e-mails from holmes herself directly responding to and addressing the concerns that rosen

that type of evidence points to elizabeth holmes. the face of the defense who's saying? well, it wasn't elizabeth holmes fall. it was someone else's fault. this trial resumes on tuesday, with more witnesses expected to be called by the prosecution. at the federal courthouse in san jose evan sernoffsky ktvu, fox two news. reminder you can monitor the elopement from this trial's witness stand on our website and on the ktvu app. we have a live blocks set up each day court is in session. well the u. s supreme court is allowing the controversial texas abortion law to stand at least for now. today the court agreed to hear arguments in the case on november 1st. the law currently blocks abortions once a fetal heartbeat can be detected. earlier this week, the u. s department of justice asked the court to temporarily block the law. the decision will determine whether the federal government has the right to sue over the lock. some california farmers racing tonight to be the worst of this weekend's weather coming up what they think will help sav

. >> damage control at the elizabeth holmes "the now" fraud case. >>> plus, why the judge threatened to throw some people out of court today. >>> go to super duper. that's my response to in-n-out. >>> and the sharp words from san francisco's mayor about in- n-out's refusal to follow the city's vaccine mandates. >>> and she was lost in the snowy fresno county mountains for days. how one palo alto woma the classic hollywood story. we meet the hero, the all-new nissan frontier. hero faces seemingly impossible challenge. ♪ tension builds... ♪ the plot twist. ♪ the hero prevails. in hollywood, this would be the end. but our here, we are just getting started. introducing the all-new nissan frontier. -hi mommy! -hi honey! but our here, we are just getting started. oh i missed you! you just want to video call the kids. ok. hush little baby... don't say a word... but if slow upload speeds turns your goodnight call into an accidental horror movie... can you hear me? shut it down. just remember. you're not a bad mom. you just need better internet. at&t fiber delivers faster upload speeds for mo

this is new video of holmes walking into the federal courthouse in san jose this morning. testimony last week concluded with a pfizer scientist talking about the report that he wrote blasting the idea of a partnership with theranos. prosecutors then presented what they suggested was a forged report sent to walgreens indicating pfizer's support for the blood testing technology. meanwhile, another juror was dismissed leaving the number of alternates at two. that juror was let go because she was playing sudoku in her court-issued notebook during testimony. with the trial expected to go another month, concerns are growing about a mistrial if more jurors are removed. >>> meanwhile, jurors are still delivering the fate of a danville police officer accused of killing an unarmed man in 2018. andrew hill never took the witness stand in his manslaughter trial. prosecutors say he shot and killed arvaleta when police tried to stop his car as he drove around a road block. jurors received the case last thursday. >>> the world of business, investors are hearing from google, amazon and tw

on the lab director and say, if there were problems, it was because of the lab director, not miss holmes. >> he resigned in 2014. elizabeth holmes faces federal charges for defrauding patients and investors with claims of revolutionary blood testing technology. she could face 20 years in prison. >>> new data shows and proves that covid vaccines have saved thousands of lives. the health and human services department says it has done the math. in california alone, covid vaccinations may have helped prevent 22,000 new cases, nearly 10,000 hospitalizations and 3,800 deaths among seniors. that's just in the first five months of the year. it was linked to a reduction of infections and hospitalizations and senior deaths. >>> employers across the nation are facing an increasing dilemma. what to do with employees who file for a religious exemption to the covid vaccine. some big companies like united airlines are denying those. other employers, like the city of san jose, is granting them. >> reporter: the city of san jose has granted roughly 300 vaccine religious exemptions to employees. the proce

. >>> now turning to the elizabeth holmes trial, a lawyer has been questioning the credibility of one of the prosecution's main witnesses. the former theranos lab director. len ramirez has been covering the fraud trial and joint is now with more from the federal courthouse in san jose. >> reporter: that former theranos lab director is getting grilled during cross- examination on the witness stand. now the defense la, presented o emails to former lab director rosendorff , with what they portrayed as problems with the lap of pregnancy hormone tests, but the emails show the problems were about a backlog that cause results to be delayed because of a shortage of testing materials minor problems with the results themselves. other emails and calendar entries shows that rosendorff met with elizabeth holmes and he said he didn't, and that holmes was responsive when informed about problems at the lab. >> rated an effective cross on what he said in a prior deposition, to his knowledge and complaining or being concerned about the accuracy of these results, and they tried to point out that he test

now, that's critical testimony because prosecutors need to prove holmes didn't know the machines and didn't know -- or did know. >>> it's been four years in the worst mass shooting in las vegas. 58 people were gunned down during a country music festival. this was held at the las vegas community garden. it started at 10:05 p.m. the names of all 58 names were read by the mayor and candles were lit. more than 850 people were wounded in addition to the 58 people killed. >>> back in a minute. crews in an east bay neighborhood working to repair a massive water main break. >>> one of the darkest moments of our american history. the internment of the japanese. >>> plus, the giants did their part but l.a.'s win means celebrations will have to wait. we'll take you live to oracle park. >>> and temperatures today, 10 to 15 degrees above average. i'll show you how hot for the weekend and big weather changes in about eight minutes. >>> crews are still on the scene working to repair a massive water main break. right now 179 homes, schools and businesses are still without water. a pipe burst through

. >> back in the area, it was in the front and conspiracy trial of parallels founder elizabeth holmes. the judge is considering whether to release private and personal information about the jurors from questionnaire stated that during translation. we are live in san jose with more on how this could impact the trial. >> selecting a jury spotlighting men and women can be impartial and unbiased in the process of doing that, deeply personal questions about their life and their experiences. the answers to those questions are typically kept confidential but that might not happen this case involved could be severe. right now there is 12 jurors and three alternates and legal observers say you can ill afford to lose even more of them without being pushed to the brink of a mistrial. >> reporter: the start of the trial was delayed as intentional to jurors behind closed doors in his chambers about the potential release of personal information for pretrial questionnaires. had the jurors been told that the questions could have it disclosed to the media during the trial, i think you could have chill

but it never gave results. >> reporter: what this is doing is putting the focus back on elizabeth holmes. >> reporter: former prosecutor and political analyst steve mc large said the company went on to invest money in the company. >> when you hear about the devastation done in front of these people and that they invested anyway, thought it was important for the government to show, this is a highly persuasive and convincing individual who left a lot of carnage along the way. >> reporter: the day began with another setback for the jury. buddhist juror said she would be reluctant ntachelove forgiv the judge dismissed her analtert its al ti a juror has had to be dismissed. >> it is a big load to this jerry plot process because if they lose and that if your jurors, you could have a mistrial in this case. >> reporter: steve byrd will be back on the witness stand when the trial resumes next week. >>> in northern california judge has set scott peterson's sentencing date to september 8th. he will be handed a sentence of life in prison. he has been on death row for 15 years after being found guilt

>> reporter: analysts feel holmes won today's round in court. courtroom observers felt the same way. >> it was interesting how everything unfolded. and the defense was trying to discredit the -- dr. rosenthal or whatever. >> reporter: he returns to the stands -- >> that was damian trujillo reporting. stay with nbc bay area for continuing coverage of this trial. our reporters are in the courtroom every day. we have the latest on air and on line at nbcbayarea.com. >>> coming up, washed out. >> again, it's just a constant race. >> an east bay neighborhood completely submerged in water. flooding as concerns over the pipe infrastructure linger. we are taking our questions to water officials and why they say what is happening is a race against time. >>> i'm chief meteorologist jeff ranieri, we have our last blast of summer happening right now with plenty of 80s inlands. we will talk about isolated heat, also the colder weather and some rain chances in about eight minutes. >>> when we are joined by our viewers in the west, details on a potential new me

i want to show you video of holmes. she was walking into court this morning. it was raining so she had an umbrella in hand. her trial is down to 12 active jurors, eight men, four women, with only two alternates left. the trial is expected to last until december. losing too many jurors runs the risk of a mistrial. but according to a federal rule, after a jury has started deliberations, a judge may permit a jury of 11 to return a verdict. holmes faces fraud charges about where she lied about theranos' blood testing technology. >>> our investigative unit just learned in just the last hour enough signatures have been submitted to likely force san francisco district attorney chesa boudin into a election recall. organizers turned in more than 83,000 signatures, which is about 30,000 more signatures than required to put the recall issue on the ballot. nearly one out of every ten people in san francisco signed the petition. >> it says a lot about the anger that san franciscans have about what's going on in our community. people are still calling us wanting to know whe

. >>> protest is having up in the trial of elizabeth holmes, and another major first suitable company is stepping into the spotlight on trial. >>> millions of americans are available now for the covid-19 booster, pfizer, modernity, and j&j all getting the green light. >>> good morning it is saturday, october 23rd, thanks for joining us. more damaging accusations against facebook say the company chose profit against sa new allegations. >> reporter: what we now have our internal people coming forward, they are playing that whistleblower role. >> reporter: one of the most powerful companies in the world, all denny's pancakes are made to order with fresh buttermilk. but this month's spotlight stack feels like fall. and is the pumpkin-iest pecan pie drizzliest and most gram-worthy of them all. new! pumpkin pecan pancakes. this month's spotlight stack. see you at dennys shoot. what's wrong? i think i'm down to my last inhaler. don't worry. you can refill it and get it delivered the kaiser i think i'm down topermanente app.r. smart. refill most prescriptions online and get delivery for no co

the trial against sarah has founder elizabeth holmes resumed today in san jose federal court. two key witnesses for the prosecution took the stand. ktvu investigative reporter evan sernoffsky has been in court. and shows us how today's witnesses testified about hollow promises homes made about her blood testing technology. holding hands with her mother and husband, elizabeth holmes arrived in port tuesday as her former business partners took the witness stand. the day was dominated by testimony from former safeway ceo steve bird. he described cutting a multimillion dollar deal with theranos to open hundreds of testing sites inside grocery stores across the country. what the government's theme from day one of this case has been is beware of false prophets. bird testified that holmes had promised her edison machines could perform 95% of blood tests. he said he built more than 900 testing sites inside his stores ahead of a planned launch in 2012. but he said holmes kept delaying the launch and never told him that her machines weren't performing as she claimed. after several deadl

anchor: a water main break canceled the trial of elizabeth holmes and shut off water service. the representative for president trump's education secretary testified that homes her blood testing technology was used on hell helicopters. anchor: a in the lion was captured last night. and was found in the front yard of a high pressuresystem and refused to home. the mountain lion maybe it was ill and currently being evaluated. anchor: promoting booster shots. the governor rolled the bennetts really know how to put their wifi to work. whether it's work work. works for me. school work it worked! or a workout. oh i'm working... they've got xfinity, which delivers wifi faster than a gig for all their devices. it's more than enough to keep everyone working. can your internet do that? this is work! this is hard! learn more about gig-speed wifi, or get started with xfinity internet for $19.99 a month for 12 months. click, call, or visit a store today. >> the governor paid a visit to a clinic to promote booster shots. the governor was among the first to roll up his sleeve. >> all right, go

i'm michael holmes. coming up, joe biden hits the road this week to promote his agenda as democrats grapple with what they may need to cut to get a vote. >>> 'tis the season to avoid covid. the cdc has released new guidelines to keep your family healthy over the holidays. >>> and a facebook whistleblower speaking out. why she says teenage girls are victims of the company's corporate greed. ♪ ♪ >>> live from cnn center, this is "cnn newsroom" with michael holmes. >> and we begin here in the u.s. where joe biden will be headed to michigan on tuesday to rally support for a pair of multitrillion dollar bills that represent the heart of his legislative agenda. after a week of negotiations, his social and environmental policy overhaul is still in limbo. the vote on the bipartisan infrastructure deal, which was delayed twice last week, that's now been pushed back to the end of the month. and progressive democrats are insistent it will not pass until they get the even larger spending bill across the finish line,

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the trial against former thoroughness founder elizabeth holmes. what the ceo of safely said about the deals they had reached with the now defunct health company. also we are keeping a close watch on a wind driven fire in santa barbara county that is now jumped highway 1 to 1 and forced authorities to shut down the freeway. and we are back here with a red flag warning that has been dropped. we dropped that wind advisory as well. i'll let you know what you can expect the next couple of days. what can i du with less asthma? with dupixent i can du more... yardwork... teamwork... long walks.... that's how you du more, with dupixent, which helps prevent asthma attacks. dupixent is not for sudden breathing problems. it's an add-on-treatment for specific types of moderate-to-severe asthma that can improve lung function for better breathing in as little as two weeks. and can reduce, or even eliminate, oral steroids. and here's something important. dupixent can cause serious allergic reactions, including anaphylaxis. get help right away if you have rash, sh