i'm janelle wang. today on our program. this woman never got to use the battered woman's defense and tiny patients undergoing adult life procedures. plus.... >> a 49er fan has warning for all others. what he found in his season ticket information that has him seeing red. but we begin with stem cell technology. despite a court ruling that bars embryonic stem cell research california is on the forefront of promising research. >> stanford university neurosurgeon gary steinberg says he sees a day when stroke victims will be healed. >> investigating other strategies to recover function after a stroke by basically regenerating the brain tissue. >> he found that mice that suffered strokes regenerated brain tissue after being injected with stem cells. you put the stem cells after induce ago stroke in a rodent mammal that the rodent recovers behave. >> his research shows promise for human patients. his findings were made possible by a grant from the california institute from regenerative that the agency created

. >>> i'm janelle wang. in four hours from now the fate of johannes mehserle will be determined. the sentencing of the former bart police officer accused of killing grant. >>> also in the headlines, pg&e says costs related to the san bruno explosion could be up to one billion dollars but it could cause rate hikes. >> downtown look, going to be sunny, warmer than average but cooler weather and update to you on the rain for the weekend. >> and although we've had a couple early morning accidents, so far traffic is light. >> and promise from the jobs report. but the economy is still struggling to recover. >>> thank you so much for joining us will i'm eric thomas. >> and kristen sze. former bart police officer johannes mehserle will learn if he goes to prison or walks out of jail. his sentencing begins in four hours. janelle wang joins us in the newsroom to begin our coverage. >> johannes mehserle could anything from probation to 14 years in state prison for the fatal shooting of oscar grant. a jury convicted mehserle of involuntary manslaughter with a gun enhancement this past july.

janelle wang has more. >> those numbers are coming in. carly fiorina has not kochb seeded yet. her campaign says the rap race is too close to call but major networks have declared barbara boxer the winner. the incumbent injected some humor when she spoke about the hard fought campaign. >> now this campaign was never about me, although i never saw so many horrible pictures of me. honestly where did they find those photos? i kept saying, don't watch television. [ laughter ] >> this will be boxer's fourth term in the u.s. senate. win will help regain control of the senate even though they have lost control of the house. carly fiorina is still watching results coming in. the former ceo spoke briefly last night. >> until the facts are, it's too close to call and we're going to be watching returns all night, but all those people who have declared this race, maybe that was probably not a smart thing to do. >> she added whatever the outcome, it was a big night for republicans across the country. this is her first time running for public office and for the entire campaign it was neck an

janelle wang, "abc 7 news." >> and some people will stay up all night. world series paraphernalia is pouring into the stores. they have shipments ten minutes after the giants won last night. the biggest sellers are parade t-shirts made special for tomorrow's celebration. we've got a lot of fan videos. one person sent this one. people cheering for the giants at a restaurant in sfo. check out this one, outside of at&t park last night. you can feel the excitement share your photos and video by up loading them to us or e-mailing them to us. >>> today is also election day with california governor's race but in santa clara county, a mail-in ballot mistake has workers scrambling this morning. teresa garcia is live at the county's registrar's office. >> you've got the registrar's office not calling the ballots defective but there were printing smudges that did delay the reading of them. every vote will now be counted and no vote is going to be double counted or missed at all because of this problem. here is what happened. it first surfaced a week ago when the el

janelle wang is live with more. >> americans are calling on politicis to unite. he has telephoned top republicans on regaining control of the hoe. in general the republics want to come together but not without making se threats. >> the white house has a choice, they can change course or they can double down. >> this morning, senate minority leader mitch mcconnell held a news conference calling th next two years critical. >> the fact is if our primary legislative goals is to repeal the spending bill, end bail outs and shrink the side of government is to put somebody in the white house that will not veto these things. >> he took more a of bipartisan stand when he spoke this morning. >> it's clear that the voters sent a message which is they want us to focus on th econo and jobs and moving this country forward. they are concerned about making sure that taxpayer money is not wasted. >> the president reiterated he wants a better working relationship between t white house and new congressional leadership. an invitatn to meet at the white house in two weeks. top democra

janelle wang is live with more. >> americans are calling on politicians to unite. he has telephoned top republicans on regaining control of the house. in general the republicans want to come together but not without making some threats. >> the white house has a choice, they can change course or they can double down. >> this morning, senate minority leader mitch mcconnell held a news conference calling the next two years critical. >> the fact is if our primary legislative goals is to repeal the spending bill, end bail outs and shrink the side of government is to put somebody in the white house that will not veto these things. >> he took more a of bipartisan stand when he spoke this morning. >> it's clear that the voters sent a message which is they want us to focus on the economy and jobs and moving this country forward. they are concerned about making sure that taxpayer money is not wasted. >> the president reiterated he wants a better working relationship between the white house and new congressional leadership. an invitation to meet at the white house in two week

i'm janelle wang. today on our program from 7 on your side the sneaky bank practices you need to look out for when refinancing your home. a major brkthrough in alzheimer's research. technology that could possly prevent it. >> it's a magical place. >> a record number of girls are attending so why are the girl scouts closing cam we begin wh the latest results of testing. educators use it how students are performing primarily in reading and math. lyanne melendez has a ok at results for students in california. >> the number ey test your kids last spring, the results are in. >> for eight consecutive years, california public school studts meade steady progress. 52% are reading at grade level are abe. no knowledge 35% were doing so. in math, 48% are proficient or advanced. in 2003 on 35% were. some bay area school districts like san francisco did even better than the state average despite budget cutbacks. >> wre in a horrible situation. class sizes going up. could they have an impac. they couldave an impact.

i'm janelle wang, three hours from now the state of johannes mehserle will be determined. the sentencing of the former bart police officer convicted of involuntary manslaughter for killing oscar grant nearly two years ago. >> i'm terry mcsweeney live in oakland, a city bracing for that sentencing decision today. i'll tell you exactly what police and businesses are doing and saying about it. >> a picture of downtown san francisco, what you don't see is the fog creeping back into the bay. cooling trend is in for some. record highs for others, i'll talk about when the rain and cooler weather gets here for all of us in the forecast. >> friday, traffic is light right now. live shot on toll plaza, no accidents. >> 5:29. on this friday, thank you for spending the morning with us. >> the city of oakland is hoping for the best but getting ready for the worse when johannes mehserle is sentenced. he was convicted of involuntary manslaughter in the shooting death of an unarmed passenger, oscar grant and that triggered rioting in the oakland streets when he was convicted. terry? >> i g

janelle wang joins us with details. >> jerry brown plans to get to work right away. the he is meeting with governor swarzenegger and top legislative leaders but will be careful to not step on anyone's toes. he says he will learn and study and forge relationships. he spoke to reporters at his campaign headquarters after beating meg whitman. he said the state budget will be the biggest priority. senate president pro tem said next year's deficit could be a budget above $12 billion. it's another acknowledge acknowledgement that it was a lot of smoke and mirrors. so they asked brown, does that mean a vote on new taxes? >> i don't anticipate anything the day after the election. what i do what i commit myself to is working hard to find every item of waste or low priority spending throughout state government. >> reporter: brown says it was clear that voters don't want any new taxes on tuesday they passed a ballot measure that made it more difficult to raise fees and overwhelmingly rejected any measure that asked for fee increases. at brown, he will be the state's oldest gove

janelle wang is here with more. >> governor jan brewer is set to testify. she will fly back to arizona to continue her re-election campaign. this big showdown is coming one day before election day. the fight is over arizona senate bill 1070 signed into law. the law is an attempt by the state lawmakers to crack down on illegal immigration in their state. it allows police officers to check immigration status of people they pull over. they say it will lead to the racial profiling of latinos. parts of the bill were blocked after the obama administration put the arizona to court. this morning arizona will try to unblock the injunction from front of three judges. the hearing is taking place in san francisco because the court is based here and lesson to federal cases in nine western states including arizona. some say it's a bad for arizona, one of the judges is a latino immigrant. he is the son of mechanics can immigrants. the panel is expected to come back with a decision in the weeks or months. large demonstrations are expected outside the courthouse this mornin

janelle wang joins us with more. >> jan brewer is going to appear three hours from now she will fly back to continue her re-election campaign and this big showdown is coming one day before election day. it's over senate bill 1070 signed into law by the governor. it's an attempt to crack down on illegal immigration in their state. it allows police officers to check the immigration status of people they pull over. opponents say it will lead to the racial profiling of latinos. this past summer, parts of the bill were blocked after the obama administration took the arizona law to court. they will try to unblocks the injunction in front of the ninth circuit court of appeals. large demonstrations. some say its bad panel for arizona. one judge is latino immigrant who says he was almost wrongfully deported decades ago but our legal analyst it could be good for arizona because two of the judges tend to be more conservative and tend to give the states more flexibility with theirs laws. dean johnson will talk more about it at 6:30. >>> this morning, the giants may be less than 24 hours away from wi

janelle wang has the latest. >> the district attorney decides to file charges against the 152 people arrested it will most likely be a misdemeanor. >> stores a downtown oakland are reopening for business. no damage this time around but they say it's better to be safe than sorry. >> what it costs to board it up, we spent more than that in broken glass last time this was preventative. >> hundreds of demonstrators upset with the minimum two-year sentence for johannes mehserle, broke down barriers and damaged cars. one demonstrator ripped an officer's firearm from his gun belt. they had the crowd controlled within an hour. some say it was overreaction to a police force but oakland's chief is pleased in the outcome. >> it's difficult to get officers in place so we were able to do that and make arrests without any force. >> the owner of this store is pleased with police action. he says small mom and pop shops like this can't afford any trouble. >> the small guys that sell shoes, all of us, we're just small guys trying to make an income. anything like this it really hurts us financially. >>

janelle wang has the latest. >> the district attorney decides to file charges agains the 152 people arrested it will mos likely be a misdemeanor. >> stores a dotown oakland are reopening for buness. no dame this time around but they say it's bett to be safe than sorry. >> what it costs to board it up, we spent more than that in broken glass last time this was preventative. >> hundreds of demonstrators upset with the minimum two-year sentence for johannes mehserle, broke down barriers and damaged cars. one demonstrator ripped an officer's firearm from his gun belt. they had the crowd controld within an hour. some say it was overreaction to a police force but oakland's chief is pleased in the outcom >> it's difficult to get officers in place so we were able to do that and make arrests without any force. >> the owner of this store is pleased with police action. he says smallom and pop shops like this can't afford any trouble. >> the small guys that sell shoes, all of us, we're just small guys trying to make an income. anything like this it really hurts us fincially. >> like i said in the beginn

i'm janelle wang. today on our program. an abc news fix it report and cutting edge hotel open now in wine country. why it could set a standard for the u.s. and three crairs women jump on a treatment for a crippling disease. they claim it works. >> you have seen things that need to be fixed in your neighborhood. it's part of a segment called, you fix it. >> all the pickets on the fence are coming out. >> jerry showed us the video of the fence that separates his neighborhood. >> this is part of the fence that is protruding. >> he says the fence that was built by a developer in mid '60s is falling apart. >> this has been chipped in from the top. it's very dangerous. whole thing could fall down in a storm. >> he and his makes have been waiting for the city to replace it since 2004 when newark added a project to build a new mall to it's capital improvement plan. >> they are putting up a chain link fencing, they are putting up corrugated roofing. and taking 2x4's and nailing toy the outside fence. >> they built this ball outside

. >>> good morning, i'm janelle wang. is facing an uphill battle after they admit the budget is worse than a lot of people realize. >> cleaner skies.

. >> and i'm janelle wang, united states versus arizona, a judge will listen to testimony surrounding the controversial immigration law. it's expected to be fiery in the courtroom. >> here is a live look, what else, the orange lights of the ferry building. we'll talk about a warming trend through mid-week and a chance of rain on the weekend. >> light traffic this monday morning, no problems 680 in walnut creek. there was a few early morning accidents but they have cleared. >> and talk about the orange, san francisco giants is one win away from the world series championship. giants fans is watching game five on a jumbotron in civic center plaza. you guys, what a game! >> madison bumgarner did a great job on the mound. 4:31 on this monday morning after halloween. i'm eric thomas. >> breaking news, a massive fire is burning in an industrial area in san jose. these are pictures from the intersection of tenth and horning streets. the fire is burning at a recycling center. we are also told at least one building next door, a bar has been damaged. now it's a heavily industrial area of the cit

janelle wang joins us with more. >> he was first elected back in 1974. he served two terms.ple gave me a vote of trust and confidence and i will live up to it. >> he has put in a transition team and one the first steps is working on a state budget and list of jobs that need to be filled. as for his opponent meg whitman she conceded just after 11:00 last night. >> tonight has not turned out quite as we had hoped. we've come up a little short but certainly not for lack of hard work and clear vision for making our state better. >> whitman called brown last night to wish him well. she says it's time for californians to unite and she hopes bipartisan leaders will work together. there is no word what she plans to do next. she spent a record $142 million of her personal fortune on the campaign. >> the u.s. senate race barbara boxer had a fierce challenge from carly fiorina. she has received 52% and carly fiorina has 42%. republicans saw boxer as a vulnerable incumbent that was loyal to obama. >> we stood up to er special interest in this country who didn't want a fight of environme

janelle wang joins us. >> it appears that executions in california could be back on.y came up with the drug with expiration date of 2014. that is enough to carry out four executions. the drug is in a refrigerator at san quentin state prison. they are speculating the state must have been obtained from a foreign county because all stocks in the u.s. have expired. that is the main reason why the september 30th execution of rapist and murderer albert brown was called off. it would have been california's first execution in five years. when asked where the state found a new batch of the drug, a correction spokesperson said, quote, i'm not at liberty to say. that unknown may prevent any more executions because the public has a right to know where it came from. if it did come from a foreign company the risk of harm escalates. convicted murderer was put to death after 11th hour dispute over dispute of the drug obtained from a british company. a judge blocked the execution but the u.s. supreme court overturned that ruling saying there is no evidence on record to suggest the dru

. >>> janelle wang, cleanup has begun after a crazy night. i'll show you the celebration and unruly ones and have details of the giants' victory parade. >> workers have been scrubbing voters' ballots clean, this is not a case of fraud. this is case of printer toner. >>> here is a live look from vollmer peak down on a clear sky. mother nature, no rain and also for the parade and i'll give you more details. >> a possible hot spot in hayward, injury accident but on other side of the bay, 101 is looking good in san jose and millbrae. >>> elections would be dominating this newscast but there was a ballgame last night. >> anything but normal. >> exactly. >> thanks for joining us this morning. the giants are back at home already and they arrived to a welcome that fit perfectly with their new title. terry mcsweeney was there high fiving fans? >> i can get you much better deal on game six tickets. i'll talk about it later. you had a couple hundred screaming giant fans to see the world series champions get off their buses. take a look at what that look

janelle wang, "abc 7 news". >>> turning to state propositions, voters have now rejected prop 19. initiative to legalize marijuana for recreational use. it got a lot of national attention after polls showed it had a shot of passing. but they rejected the measure. et led in 57 counties but you all of them were in northern california. and proposition 23 that would put a freeze on the global warming law. the measure would have suspended the state's climate law until unemployment dropped below 5.5% for 12 months. >>> this morning, it's still a tight race that is too close to call. pamela harris has taken a slight 46% to 45% lead over republican challenger. neither has conceded in that race. we'll continue to bring you up to the minute results all morning. you can also go to our website at www.abc7.com for any state or local race you are interested in. find links on the front page. >> ballot counting cops, san francisco police are investigating a bizarre theft by a polling inspector. an election inspector broke into a ballot counting machine and made off with about 75 ballots and other

we begin with janelle wang in the newsroom. >> the sentence hearing begins at 8:30. to last for several hours. first thing the defense will do is ask for a new trial citing new evidence. there is similar case but this one in kentucky where an officer accidentally shot someone after mistakenly pulling out his gun instead of his taser. that officer was not indicted. this past july a jury convicted of mehserle of involuntary manslaughter with a gun enhancement for the fatal shooting of oscar grant at a oakland bart station. the former bart police officer could get anywhere from probation to some years in state prison because of that begun enhance zbly it was error for the judge to even instruct the jury that they could find the gun enhancement on involuntary manslaughter case. >> based on the history of the criminal justice system that is major victory. it sends a message across the united states that police officers can and will be held accountable. >> reporter: oscar grant's family will be allowed to give victim impact statements but the judge has limited it to three

janelle wang joins us with more. >>> jerry brown plans to get to work right today.or swarzenegger and other top legislative leaders but will be careful not to step on anyone's toes. next couple months will learn and study and forge relationships that will put him in a good position. he spoke to reporters after beating meg whitman in the election. he said the state budget will be the biggest priority. senate president darrell feinberg says next year's budget could be as large as $12 billion. the budget deal struck in october was just a lot of smoke. to help close the deficit reporters ask them does that mean a vote on new taxes? >> i don't anticipate anything the day after the election. what i do commit myself to is working hard to find every item of either waste or low priority spending throughout state government. >> reporter: brown says it's clear that voters don't want any new taxes. on tuesday they passed a ballot measure for lawmakers to raise fees and overwhelmingly rejected any measure that asks for fee increases. at age 72 he will be the oldest governor. he