johannes mehserle wrote that carruthers was using profanity p making verbal threats. and said he was arrested when he became confrontation skbral aggressive. carruthers lawyer says police never looked at the videotape which could wo have documented what happened. >> what happened in court is how if the police were supposed to be in control of the evidence don't collect evidence that supports people who they're arresting they get away witness. >> in this courtroom were relatives of oscar grant. the bart rider johannes mehserle shot and killed new year's day, 2009. >> dinot think that he would get justice. i haven't seen a black man get justice whit comes to police. >> johannes mehserle's lawyer says his client has one remaining lawsuit filed by oscar grant's friends on the train with him new year's day and its pending while the ninth circuit court considers contested issues. >> and there is another deadly bart police shooting and protests that led to a controversial decision to cut cell phone service on a platt form in august. that drew angry protests for weeks and for

when jurors read the verdict, johannes mehserle was overcome with emotion. his eyes were tearing he's been through a great deal. he's still -- still feels terrible about what happened. to have to live this again in the form of a jury trial. >> carruthers was disappointed. >> i'm hurt but this is another example of the things we need to address and police need to be held accountable for the things they do within their job. >> carruthers says his car was broken into in the bart parking lot and officers attacked him when he asked them why they weren't doing anything about it. he says he was hog tied. a procedure banned by police. the defendants disputed the claim and wrote carruthers was using profanity and making verbal threats. he says he was arrested. >> his lawyer says police never looked at a stationed videotape which would have documented what happened. >> just another example if, how the police were supposed to be in control of the evidence don't select evidence, it supports people that they're arresting they get away with it. >> at the time, bart proced

. >> and tonight johannes mehserle has been cleared of excessive force charges and a jury decided all five men acted appropriately in an incident three years ago. carruthers claims he was roughed up after yelling at them about doing a poor job with car burglaries. johannes mehserle gained notoriety for the shooting death of oscar grant in 2009 ask served two years for involuntary manslaughter. >> and there is a catholic priest in jail in sacramento tonight. the 32-year-old turned himself in to place after the diocese received a complaint from the child's family. >> we acted right away contacting child protective services and the sacramento pd. >> and he is a priest in redding and faces two charges of lewd acts with a minor. bail set at $5 million. he is scheduled to appear in court tomorrow. >> and coming up next, remembering medical pioneers who treated first aids patients three decades ago. >> and bruhaha over starbucks gift cards. what consumer groups are demanding. stay with us. >> closed captioning brought to you by mancini sleepworld. >>> today, san francisco commemorated the 30

police officer johannes mehserle. the jury found mehserle and four others not guilty of beating a man on b.a.r.t. he claims the officers were retaliating after he cursed at them and had sought a million dollars in damage. the incident happened six weeks before johannes mehserle killed b.a.r.t. passenger oscar grant >>> and more breaking news in oakland. police are scouring an area in oakland, right now, looking for a man who ran from police. this is a live picture from the area near the walgreen's on high street in oakland. police were chasing a man in a maroon car when it crashed near the walgreen's and then ran off. police are moving through the area right now looking for him we don't know what he is wanted for. police will only tell us that they have a want for his arrest >>> the parents of an oakland toddler are now asking everyone to play for their little boy. the family hopes that the prayers will help lauren highland, jr. he was among those shot when gunmen opened fire on a crowd. a $35,000 reward is being offe

. >>> judgment day again for johannes mehserle. the ruling, did the ex-bart cop use excessive force against a passenger is this. >>> just one month left in iraq. today's symbolic act. the head of the total u.s. -- ahead of the total u.s. troop withdrawal. ,,,,,, district. >>> tonight a san francisco firefighter is being called a hero following a fire in the mission district. it broke out at an apartment building at 24th and bartlett early this morning. flames shot out of the roof and spread to a second building. firefighter bob coleman suffered smoke inhalation after rescuing a woman from a ledge. >> found the window and she was hanging out. she was on the ledge. window. he gave her my mask -- i gave her my mask so she could breathe. >> it's not clear what started the blaze but possibly in the top floor. >>> a jury cleared johannes mehserle and four other bart police officers today of using excessive force against a passenger three years ago. kenneth carruthers accused mehserle and those other officers of beating him up and jailing

her duties at kaiser hospital in hayward. >>> federal jury has cleared former bart police officer johannesr officers in a case alleging they used excessive force. mehserle was overcome with emotion when the verdict was an fund. kenneth caruthers said mehserle and the others beat and hogtied him. mehserle served two years for involuntary manslaughter for the shooting death of oscar grant in 2009. >>> south bay man says he was brutally beaten and called a terrorist outside a grocery store by a group of men who broke his jaw and knocked out six teeth saying they were drunk and belligerent. >> they opened his car door and assaulted him. during the assault they called him a terrorist. another separate issue apart from actually physically assaulted him we are getting into possible hate crime. >>> victim is hindu. he does not want to be identified for fear of retaliation. san jose police are reviewing surveillance from the store to see if this assault was caught on video. >>> san jose mayor reid is depositing his plan to declare a fiscal emergency as a way to reduce pensions -- pensions and cut t

>>darya: a federal jury rejected this man's that johannes mehserle used excessive force.er, the overall ruling that johannes mehserle has been unanimously found not guilty. this is the reaction. >> it is my belief that the jury system, regardless of who shows up, they listened to everything they are going to render their opinion/verdict. has what our system is designed to accomplish. >> what happened is how the police were supposed to be in control of the evidence. if they're not in support of with they are resting? >> the police to be held accountable for doing their job. i know that there are other people that are going to fight. i hope there are going to people to fight to bring justice for other people. >>darya: it took the jury for hours to get to that verdict. >>dan: fork -- hours deliberation. for hours. >> we will be back. [ male announcer ] if you're ready to get more from your tv service, now's a great time to get at&t u-verse tv. make the switch! [ female announcer ] call to get u-verse -- now with free hd -- only 25 a month for six months -- our lowest price e

mark: and new details in the police brutality lawsuit off brought against bart officers including johannes mehserle, the charges surrounding the arrest and 2008 was denied. a civil jury unanimously agreed that mehserle in the other part officers were not liable. >> the jury will render a verdict that is what our system is designed to accomplish. >> what happened in court is another example of if police are supposed to be in control of the evidence, did not collect evidence that supports the people you are arresting, they get away with it. >> the police need to be held accountable. i know that there are other people that are going to fight. i hope that people are going to fight the way that i did to bring justice for other people. >>darya: 60 2:00 a.m., we're back with more in a couple of minutes. here is a live look outside of the james lick freeway. it is nice and quiet. it is friday light. the sun is coming out and we are looking at a calm day.

very much, i just want to have one question because you are out there and you know how to customers johann. and get into your cat, i have paid attention to what color scheme it is because that is something we remember. i run my credit card and a later have a problem with that, you're suggesting that i call you. how would i do that? >> despite that i am supposed to be a business owner, i have no adequate means, because of the kinds of restrictions, as somebody who is required by regulation. >> i understand the second point. but the customer service issue, because i take everything you say very seriously and i learned an awful lot, as you know. but the customer service point doesn't ring true. how is somebody supposed to call the cabdriver? dr. that would require me to own my business. >> appreciate it, john. as always. >>, i understand, there is an e- >>, i understand, there is an e- mail or something sent out.

very much, i just want to have one question because you are out there and you know how to customers johann. and get into your cat, i have paid attention to what color scheme it is because that is something we remember. i run my credit card and a later have a problem with that, you're suggesting that i call you. how would i do that? >> despite that i am supposed to be a busi

. >>> a federal has cheered former bart police officer johannes mehserle and four other officers in a case alleging they used excessive force. mehserle was overcome with emotion after the verdict. kenneth caruthers said mehserle and others beat and hogtied him. mehserle served two years for involuntary manslaughter for the shooting death of unarmed passenger oscar grant in 2009. >>> a south bay man says he was brutally beaten and called a terrorist outside a san jose grocery store. he was leaving this lucky store last week when he was attacked by a group of men who broke his jaw and knocked out six teeth. he says his attackers were drunk and belligerent. >> they opened his car door and assaulted him, called him a terrorist. a separate issue true physically assaulted him now possible hate crime. >> victim is hindu. he doesn't want to be identified out of fear of retaliation. police are reviewing surveillance from the store to see if the assault was caught on video. >>> huge symbol of the u.s. war in iraq no longer in american hands. the american military has says it has turned over cam

. >>> they have cleared johannes mehserle and other police officers in -- jurorred had deliberated for five hours. the transit officers were accused of beating 43-year-old ken meth carrethers and arrest -- kenneth carrethers and arresting him. >> he knows he has things to deal with that were created on the night of the tragedy. >> i'm very disappointed. i'm very disappointed. i hope people will fight the way i did. >> carrethers believed if video would have existed, the outcome in this latest case would is been different. mehserle still faces a court date. >>> a judge has issued a gag order. it will prevent prosecutors and defense attorneys from pubically discussing details of the case. smith has pleaded not guilty. >>> time now 4:47. the suspect in last month months deadly shooting is in custody in kentucky. ktvu news received the booking photo of norris terrell. the oakland man is awaiting extradition back to the bay area. the fatal shooting took place on november 10th. city leaders decided to clear out the camp a few days later. >>> this morning dozens of occupy santa cruz protestor

. >>> just minutes ago, a jury cleared former bart officer johannes mehserle and four others of using excessive force while arresting an oakland man. kenneth carruthers claims mehserle and his fellow officers attacked him at the coliseum bart station in 2008. mehserle testified the plaintiff was about to attack the officers. the jury found the officers were not liable. mehserle was sentenced last year for involuntary manslaughter in connection with the shooting death of oscar grant. >>> a san francisco firefighter used his own oxygen mask to save the life of another today. that as a two-alarm fire burned on 24th street near bartlett leaving four hurt, dozens homeless. anne makovec at the scene now with the clean-up efforts. anne, good afternoon. >> reporter: good afternoon. the building is still standing here behind me and some of the people who live there have been able to go in and get some of their things and bring them out because they are not going to be able to live there for some time. that is after a fire ripped through that top story early this morning. >> you think it only h

a senator: senator johanns, would you like to take this? mr. johanns: i've worked on this issue now for a number of months, actually a couple of years. here's the situation. the unions are ready to go to work. i talk to the locals in nebraska on a regular basis and they talk about unemployment numbers that are staggering, in the double digits, which in our state is remarkable because we have an unemployment rate of 4.2%. the unions are ready to go to work, bring their skills and their talents to bear. the leader's observation is absolutely right. the environmentalists, on the other hand, it isn't the pipeline, it isn't the location, it's that they don't want the tar sands development to occur. and so the president is on the horns of a dilemma. part of his base, the unions, are saying, create the jobs. there's already a pipeline. let us go out there and do this in the most environmentally sensitive way we possibly can. on the other hand, the environmentalists are saying, no, mr. president. they circle the white house, they've done all of these t

jurado federal rechazo hoy en san francisco la acusacion de un hombre contra el ex policia del bart johannesle y ottros cuatro agentes del medio de transporte... take vo ---la acusacion era por uso excesivo de fuerza en una estacion del bart en 2008... ---los miembros del jurado decidieron por unanimidad que los agentes no se sobrepasaron al capturar a kenneth carrethers... take vo ---y las autoridades del bart decidieron que el bloqueo de la seÑal de telefonia movil en sus estaciones no se podra realizar a menos que se trate de eventos donde existan fuertes amenazas a la seguridad... ---esto se da luego que en agosto pasado y ante una manifestacion funcionarios del bart bloquearon el servicio celular en una de sus estaciones en san francisco... --con esta decision el bart se convierte en la primera agencia de transporte a nivel nacional en regularizar el bloqueo de la seÑal telefonica en sus estaciones. cu - bump out ---nos vamos a nuestra primera pausa, pero mas adelante... take vo ---dos personas se debaten entre la vida y la muerte luego de un voraz incendio en la ciudad de san francisco

jurors just ten minutes away from releasing their verdict in the case against johannes mehserle.enneth ca rethers had said mehserle was a threat at that point but right now, they falsely arrested, they say, ca rethers claims he was falsely arrested back in 2008. his attorney says a settlement of at least $1 million will send a message to police that use of excessive force will not be tolerated. mehserle had taken the stand in the civil trial and testified that ca rethers was unruly and he was afraid ca rethers would attack another officer. >>> as soon as that verdict comes down, we'll bring that to you. >> another day, another proposed fix for california's broken budget. today the governor is expected to announce a multibillion dollar tax plan that leans on high earners and increases the state's sales tax by .5%. the plan would add an extra 1% tax on people who make more than $250,000 a year. people making between 300,000 and $500,000 a year would be attached an extra 1.5%. people making more than half a million dollars a year would be taxed an extra%. the governor says the hikes

today a federal jury rejected the claim by kenneth carothers that johannes mehserle and four other officers used excessive force, the charges surrounding the arrest and restraint of carruthers in 2008. the seven member civil jury unanimously ruled that mehserle and the other officers were not liable for use of excessive force or alleged retaliation against brothers. kron4's spoke with both sides for every action in today's ruling. >> if the jury system applies themselves diligently and listen to the facts, they will render an opinion or a verdicts that is what our system is designed to accomplish. >> what happened in court shows that if police do not collect evidence correctly, they can get away with it. >> the police need to be held accountable for what they do with their job. i know that there are other people that are going to fight, i hope that people will fight, the way that i did, to bring justice to other people. >>pam: it's that the jury for hours to reach a verdict. >>pam: some tense moments in san francisco connected occupy movement. more than 100 protesters held a general assembl

. >>> a jury has cleared johannes mehserle and four other bart police officers of using excessive force against a passenger three years ago. the passenger said mehserle and the others kicked an punched him and arrested him. the incident took place weeks before mehserle fatally shot oscar grant on new year's day. bart says the verdict shows its officers acted properly. >>> bart is now the first public transit agency in the country to place limits on blackouts of cell phone service. the board voted yesterday to prohibit blackouts unless there is a quote extraordinary threat that woken danger passenger safety. bart sparked outrage when it killed cell service in august at 4 san francisco stations because of a planned protest. >>> it's the battle of the french fries. burger king is revamping its recipe for the first time since 1998. the new fries will be a little thicker just a tad wider than a number 2 pencil have 20% less sodium and will be crisper and stay hotter longer thanks to a new coating. not sure what that is. [ laughter ] >> the new fries hit the stores monday. >>> coca-cola is du

. >> close by the rhine is the johann wanner christmas house, where the art of glass-blown and hand-painted christmas decorations reach celestial heights, and i meet mr. wanner, an architect of christmas dreams. the passion for christmas for most of us began when we were small. is it the same with you, when you were children? >> ja. we all hardly could wait till it was evening, and then, when the bell was ringing, so-- >> what date would that be? what day? >> 24th. >> the 24th, on christmas eve. >> the evening of the christmas eve, the bell was ringing, so we--the door opened and we went into this parlor. >> hmm. everything was decorated? >> and it was fantastic. >> was kind of like this. >> ja, ja. >> like, oh, my gosh. you come in here and it's, like, the same thing. you walk in through the door here in your shop, and it's like walking into a memory of christmas, even memories that we maybe didn't have. >> i'm living on this children's island still. >> ha ha! exactly. >> ja. >> and what's nice is that what you've done now allows all of us to have the same experience. >> yeah, yes. >> than

. >>> johannes mehserle was cleared of using excessive force in a case. kenneth carrethers claimed offers kicked and punched him. today the seven-member jury rejected the claim citing the officers acted appropriately. he was seeking payment for pain, loss pay and medical expenses. >>> it may not sound as sexy as the high-tech or green tech energy. someone has to make the clothes and beverages that we use each day. instead of outsourcing, some businesses are pushing to bring conventional jobs to oakland. >> reporter: manufacturing jobs could make a difference here. that's what some people are saying. oakland has seen hard times with it high unemployment rate and crime rates. there are some business owners out there who are trying to rise above that and they want to see their community share the benefits. >> these were in a fashion magazine. >> reporter: after 20 years of toiling away, skylier wear will be available. her first store will open at the bay fair mall. transforming the clothes from the sketches to the clothing rack has been a struggle, especiall

. >>> the man who says he was beaten for johannes mehserle is asking for $1 million. he is suing bart saying he was attacked by officers in 2008. his settlement of at least a million dollars will send a message that use of excessive force will not be tolerated. he was unruly and he was afraid carrethers would attack another officer. >>> police are trying to talk to occupy protesters holed up in a vacant building in santa cruz. they couldn't get in because protesters had barricaded the doors. the sental reports police tried to secure the entrance so no one else could get into the building. they were overwhelmed with protesters outside and had to retreat. they're now trying to talk to the demonstrators inside. good-bye fog. hello wind. christina loren is here to tell us about it. >> basically the entire state of california is just getting hammered with these strong winds right now. especially down in southern california. it's bringing us gusty conditions in the bay area. take a look at the gusts that we clocked. mount hamilton. 92 miles per hour wind gusts. high atop th

j johannes mehserle has been cleared of using excessive force in a separate case. weeks before grant's death kenneth carrethers said mehserle and four other officers kicked, punched and hog tied him after he complained his car was broken into. he thought he was about to attack him and the other bart police. yesterday the seven member jury in the federal civil suit rejected carrethers' claim, deciding the officers acted appropriately. >>> 5:49. the bart board approved a first of its kind cell phone policy. only in the event of extr extraordinary set. the board is drafting the policy after the agency was just blasted for shutting off cell service to divert a protest back in august. under the new plan the agency would only be able to shut off service in ha 911 type of event. >>> this holiday season, smart phone mugs are on the rise, and police say holiday shoppers are the prime target. police reported 40 cell phone muggings last month in san francisco alone. a good portion happened near the heart of the mecca in union square. the targets are women, disabled and young

the man who says he was beaten by johannes mehserle and four other officers is asking for $1 million. his attorney says a settlement of at least a million dollars will send a message to police that use of excessive force will not be tolerated. he said he was afraid carrethers will attack another officer. >>> reports say the governor will ask people who make more than $250,000 a year to pay more income taxes. those expire at the end of 2016, according to sources. they are hoping to have the measure on the november 2012 ballots. in southern california there are gusts as high as 9 7 miles an hour. the airport closed two runways because lights were out. approximately 20 flights had to be diverted to ontario. >>> not as gusty through our hills an mountains as it is in southern california. lake observatory, that's where we get the most extreme weatherw hayward, 51 miles per hour wind gusts through hayward yesterday. that is potentially damaging. if you're driving a high profile vehicle it can make for difficult driving conditions. you need to take it easy out there. our highway man is watch

. >>> a federal jury rejected a claim that johannes mehserle and four other bart police officers used excessive force during a 2008 incident. mehserle broke down in tears. the transit officers were accused of beating 43-year-old kenneth carrethers and arresting him on charges after he yelled at them about car break ins at the oakland coliseum parking lot. mehserle still faces a civil right suit from other men on the bart platform the night oscar grant was killed. >>> the order will prevent prosecutors and defense attorney from pubically discussing details of the case. 37-year-old henry smith is accused of shooting and killing capoot after a bank robbery and chase last month. smith has pleaded not guilty. >>> 5:47. the city of oakland is getting ready for the 12th annual america's children's holiday parade. starts at 2:00 tomorrow afternoon at 11th street and broadway. more than 100,000 people are supposed to line the street to see pbs characters, marching bands, a lot more. the parade will be hosted by ktvu claudine wong and pam -- >> you are going to be there. >> you can watch it rig

. >>> federal jury has cleared former bart police officer johannes mehserle and four other officers ing they used excessive mehserle was overcome with emotion when the verdict was read. kenneth caruthers said mehserle and the others beat and hogtied him after he better rated them for not -- messer served two years for involuntary manslaughter for the shooting death of unarmed passengers -- oscar grant in 2009. >>> jive software is ready for its public offering. the company plans to sell 12 million shares starting $8. the co-owner of the oakland a's expanding his hotel ownership. the group owns the fairmont and hilton in san jose. no word on the purchase price. >> for the first time in decades annual holiday parade in san jose cancelled. the duct -- the budget deficit prevents them from funding and no outside vendors stepped in. >>> 5:50. more on the weather, the winds are dying down but there are still problems. >> they will continue to trend of slowing down that makes for more comfortable drive in the afternoon to be outside also temperatures will be so warm, a few 70s around the bay

. >>> a jury cleared johannes mehserle and four other bart police officers of using excessive force against a passenger three years ago. the passenger had claimed mehserle and the others kicked, punched and then arrested him. the incident took place weeks before mehserle shot and killed oscar grant on new year's day. bart says the verdict shows that its officers acted properly. >>> bart is out with some new guidelines on when to shut down cell phone service on board its trains and in its stations. back in august, bart shut off cell service at four san francisco stations because of a planned protest. well, of course that move sparked many protests of its own. today bart's board voted to prohibit cell phone blackouts unless there is a, quote, extraordinary threat that woken danger passenger safety. >>> a lifeline that may not be there the next time you need help. what's being disconnected from bay area freeways. >>> she took a million-dollar payout to leave her job. so why did a former bay area school chief just file for unemployment? >>> i'm don ford in vallejo. a major cold war facility get

senator mike johanns from nebraska got buffalo wing sauce and schumer received two lumps of cole expertlyinto a donkey and an elephant. a trio of texas salsa from a senator. those are the things we thought you should know. >>>> i'm martin bashir. newt said he's a lover, not a fighter. i'm not sure what kind of history he has been studying. the donald fires himself and leaves the stage of the debate that never was. plus, urinate in this cup. yes, a plan that requires drug testing in order to direct unemployment benefits and i'm not making this up. >> after weeks of anticipation, elizabeth taylor's collection of jewelry is for sale in new york city. taylor's precious stones are on display and many of them outsizes the bids that are expected to fetch when the bidding opens tonight. people around the world have been coming along with her to lineup and take a look at the jewels that maybe they can own if they have big bucks. >> i tell you, kristi's is calling this a blockbuster event and memorability being sold like the first draft of the velvet script. the break out film at the age of 14 and

mike johanns t. susan collins and senator pat roberts.ak that you think we can again more to it means to the american public? >> well, see, first of all tonight how they cast their votes. i hope they will join us. we need at least seven republicans to join us to make this happen. we could pass this if it wasn't republicans holding it up for a filibuster joint. we could pass this tonight and be on the way to putting $1500 in the pockets of working families and to give small businesses acrossç the spectrui hope they will cast their votes. i hope others will join them. i think we have finally broken this view that the only way to grow this economy is to put it on the backs of cuts on middle-class needs instead of ultimately taking it from those who have made well over a million and say be part of the sackry nice of helping us grow america back into prosperity. >> before you go, and i'm scrolling as we talk, but let me say this, because people need to understand this. at the end of this years we're looking at unemployment benefits expiring,

. >>> this morning a san francisco jury will begin its first full day of deliberations in johannes mehserle'sial. mehserle and four current bart officers are accused of beating kenneth caruthers of the oakland bart station back in 2008. at the coliseum station. the man claims the officers became angry at him after he cursed at them. they is charging civil rights violations and seeking more than a million dollars damage. that incident happened just six weeks before the fatal shooting of oscar grant. >>> a federal judge is considering the aclu latest legal move in support of the occupy oakland protestors. aclu lawyers claim police used excessive force during the two occupy oakland raids, violatingth protestors' constitutional rights of free speech. the lawyers even took that one step further. they contend the raids could discourage the occupy demonstrators from attending future demonstrations. oakland city attorney says that claim is pure speculation. >>> the city of petaluma has given occupy protestors in that city a 24-hour permit extension. tonight's new deadline could give the demonstrators

a jury clears johannes mehserle in his latest trial, what is next for the former bart police officer.lus, michael jackson's doctor is going to jail. how that trial is affecting the legacy of the king of pop. if i can take classes year round on campus, online, or both and earn my bachelor's degree in 3 years you can, too. [ male announcer ] at devry university, whether you study at one of our 4 bay area locations, online or both, you can prepare for a career in a growing field... and with year round class offerings, you can even do it in as few as three years. if i can let nothing nothing...stand in my way you can too. [ male announcer ] classes start january 3. learn more at devry.edu [ male announcer ] classes start january 3. >>> gray visibility. that's not an issue. we do have still some breezy conditions, look like things are calming down, so sunny, breezy today. temperatures in the 60s and 70s. >>> and we have -- that's my cue! i missed my cue! we're not the only ones dealing with the very strong winds in utah, gusts 100 miles per hour reported yesterday brought town street signs

>>mark: the jury is deliberating in a civil trial of johannes mehserle and four other bart officers.kenneth carothers says he was kicked, punched and of life by bart police officers at the oakland airport coliseum station in 2008. the officers say that carothers physically threatened him. after being treated at a hospital, carothers spent two nights in jail and charged with threatening an officer and existing arrest. the charge was dismissed and to be resisting arrest and charge thaw was dropped. more in a couple of minutes. the wind is our big story today, causing scattered outages. pg&e is working on that. the wind is howling around the bay area. here is a shot at the james lick. a very clear morning, we will be right back. >>mark: of the herman cain says he will decide in the >>mark: the very strong winds around the bay area. here is a live look from san jose. the camera is shaking violently. >>darya: this is seriously crazy wind. it is making a lot of noise. third >>james: if you look at the the caldecott tunnel. the east shore freeway is moving pretty well. in the bay area, the

but there's no doubt that german astronomer johann gottfried galle found it. the discovery of pluto finally added an american, clyde tombaugh, to this short but esteemed list of planet hunters. so the folks in streator, illinois, told me that in new mexico there are still some tombaughs there. that's where clyde moved after discovering pluto. clyde's no longer with us, but his 97-year-old widow and both his son and daughter still live there. so i decided i had to check it out. whoa, that's a lot of tombaughs. all: hi. tyson: how many of you are there? (laughing) hello, everyone. all: hi. annette tombaugh i'm clyde's daughter. what an honor, my gosh. and this is my brother.... neil, al tombaugh. i'm clyde's son. tyson: al, pleasure. and this is my mother, patricia tombaugh. this is clyde's wife. it is an honor hello. yes, i've been looking forward to this. that could be... i don't know what that means. (all laughing) so, tell me about clyde as a person. he was the oldest of six children, so he was born to help on the farm. but he did not want to be a farmer. an

>> senator al franken of minnesota came up with the idea and got republican mike johanns of nebraskao go along with it. they set a $10 limit for the senators and 61 chose to participate. so they had their little get-together last night. and they gave each other gifts. some of my favorites include, for example, john cornyn, republican of texas, gave chris kuhns a trio of texas salsa. a lot of them did things from their home states. one gave beer to michael bennett of colorado as a little nod to ohio's beer and maybe the best of all is joe manchin of west virginia gave fellow democrat chuck schumer coal, carved coal in the shape of a donkey and an elephant. and both seem quite pleased with that. >> chuck schumer, coal in his stocking. i'm not sure i like rob portman who explained ohio's beer to me. i think a lot of people in colorado would pick colorado's beer. >> i know where you're going to stand on that. >> you guys also drink verners which i don't get. >> so cheerful around here, chuck. all cheerful. >>> with europe's debt crisis still looming hour, will the fed react today? the ma

>>darya: the jury has begun deliberating in the civil trial of johannes mehserle and four other officers. the officers claim that kenneth carothers threaten them, carothers spent two nights in jail and initially charged with threatening an officer and resisting arrest but the threat charge was dismissed as well as the resisting arrest charge. >>mark: the bart board of directors will be voting on a cellphone shutdown bill. some members were concerned that the original wording left too much open for interpretation. they shut down service at fort stations back in august. >>darya: we are back with more in a couple of minutes. hold onto your hats, it is a little windy, especially at higher elevations. here is a live shot from the mt. tam cam. we will be right back. >>darya: we have continuing team coverage of the weather. here is a live shot from san jose. the camera is bouncing around in the wind. wind gusts in san jose and other spots around 30 mi. per hour. the big wind gusts have been at the higher elevations akira at mt. tam. we are also encouraging you to send us pictures if you have an

a federal jury in san francisco rejected the claim of kenneth carothers that johannes mehserle and fourthers used excessive force in 2008. the seven members civil jury unanimously ruled that messily into the other officers were not liable for use of excessive force nor for alleged retaliation against carruthers. kron4 spoke with both sides for a reaction. third >> it is my belief that the jury system, regardless of who shows up that they apply themselves diligently and listen to the laws and the fax and the judge ended they will render a verdict that is what our system is designed to accomplish. >> what happened in court is another example of how, if the police was supposed to be in control of the evidence, they do not collect evidence to support the people there are resting, but they get away with it. >> the police need to be held accountable for the things that they do on the job. i know that there are other people that are going to fight. i hope that people are: suffices way that i did to bring justice for others. >>darya: it's that the jury only four hours to reach their verdict. >>

: today's announcement call for a nationwide ban on texting in the use of sep prime--of cellphone johannd handsfree was welcome news to the california highway patrol. >> real will review we want to eliminate all of the distracted driving. >>reporter: here in california law went into effect is to dominate and texting while driving became illegal a few months later. why does he intervene as at first republican intention was several years later a sense of complacency has set in. >> as of this point of the year, there have been over 150,000 citations for distracted drivers that includes texting while driving in using a cellular telephone >>reporter: they hope today's announcement will once again increase driver awareness. >> it would definitely helps the general public very we come off of the scene and you see the tragedy that occurred because someone simply did not pay attention i think more people would understand why it is so dangerous to text while driving. >>catherine: and we would like to know you think on our kron4 facebook poll about the possible nationwide ban run using your cell ph

questions now surrounding johannes mehserle -- jerry sead -- jerry sandusky's wife. ♪...my true love me... six geese a-laying. five new tops... i want to be very specific about this because last year i got some gifts i wasn't exactly feeling. especially from you, uncle dale. were those acid wash jeans? i just hope you all stuck to my list this year. a new digital camera or a new suede shoulder bag would be really ideal. sorry to be so frank. i just don't need another needlepoint throw pillow, aunt carla. ♪ four calling birds, three french hens... when it's on your mind, it's on ebay. it's all about jobs. it's all about respect. security. the american dream. [ jamaul ] good jobs in tough times. a chance to move up and do better. [ delaunta ] excellent healthcare. [ caletha ] beautiful benefits. what they used to call the american way. it still works here. [ jennifer ] not a single layoff of a u.s. manufacturing worker. [ glen ] not one. not one. doing things the right way. quality. [ jimmeka ] building cars that americans want. [ jamaul ] right here in america. hyundai is an all-ameri

i talked about johanns, he said, and i quote: i sense a change in mood when it comes to asking millionaires to pay their fair share. for the sake of the middle class, i certainly hope the senator from nebraska's right. >> [inaudible] >> progress is being made. we've had a lot of staff work and a significant amount of member work on this with the chairman and ranking members. um, we still have a ways to go can. there were 113 different riders, or i refer to them as earmarks that we've eliminated quite a few of them. and we're continuing to work on them. it's very important we get this bill done as soon as we can. we don't, do not want to have another continuing resolution, and speaker boehner has told me that's how he feels also. [inaudible conversations] >> i hope so. i don't have any reason to say they won't. i'm confident they will. but, you know, let's talk about cord ray. i listened to my friend, the republican leader, talk about cord ray and the judges, i'm sure glad we're going to have a vote on this and words to that effect. well, we're not having a vote on it. these are cloture vote

the republican senate sponsor of this bill, former secretary of agriculture, mike johanns, states, that.a. has provided, and i quote, unequivingal assurance that it won't attempt to regulate farm dust, end quote. . this legislation is not about farm dust. instead, this bill creates a new category of pollution called nuisance dust and exempts it from the clean air act entirely. to be clear, nuisance dust is a madeup term that has no basis in established science. under this legislation, particulate pollution from open pit mines, mine processing plants, sand mines, lead smelters and cement kilms will be exempt from the clean air act. these facilities emit arsenic, lead, mercury and other toxic substances. now, i don't know about you, madam speaker, but this doesn't sound like farm dust to me. i agree with my colleague, congressman john dingell, who said this is a solution in search of a problem. during the energy and commerce committee markup, the majority showed us that this bill isn't about farm dust at all. it's about hacking another hole in the clean air act. americans are so sick of t

go through and a lot of people raised concerns, including the governor and senator joe hunt's -- johanns about the outlook for. there other pipelines that run through that awkward for -- aquifer. we think transcanada made a number of concessions and did a lot of work to alleviate the concerns. and what the state department's recent decision -- allowing nebraska and trans canada to work out the differences between what canada wants to do and the concerns from the citizens. host: the existing pipeline is just over 2,100 miles. daniel has this question -- how many miles does tar sands oil pipeline from canada already crossing u.s. territory? guest: i don't know the number. but there is the transcanada pipeline, enbridge pipeline, and other methods to get it into the country. it acts just like traditional oil, a conventional oil, and once it is in the pipeline, it gets distributed throughout the country so it is hard to say that you have specifically dedicated pipeline just for oil sands. earlier i was talking about in alberta they were planning on putting some of the conventional crude in t

kay bailey hutchison of texas, senators johnny isakson from the great state of georgia, and mike johannsa. we're here to discuss a very -- a solutions-oriented piece of legislation. it's about creating jobs, it's about creating energy security for our nation. it's about good environmental stewardship. it's about all of these things and more. and we want to take this opportunity to discuss the legislation and encourage, to urge our fellow colleagues to join with us to create jobs and opportunity for the american people. in a nutshell, this legislation clears the way for the keystone x.l. pipeline which is a 1,700-mile pipeline that will run from alberta, canada, all the way down to the gulf coast region of the country down 0 the refineries in the united states. this blue line shows the route of the keystone x.l. pipeline. this red line shows an existing pipeline, the keystone pipeline which was built very recently by transcanada. it provides almost 600,000 barrels a day of crude to the united states. the keystone x.l. pipeline would provide more than 700,000 barrels a day of crude oil to

pipeline provision offered, authored by senator lugar and also senator hoeven, and senator johanns was particularly instrumental in working out the nebraska aspect of this to the satisfaction of his governor and his state legislature. so why were republicans fighting for the pipeline? we knew that the whole reason we're even talking about temporary tax relief and extending unemployment benefits is because three years into this administration the private sector is still gasping, literally gas eupg for air. so -- literally gasping for air. so what we said was let's do something that will help create private-sector jobs. let's start to change the equation here and do something that will actually get at the heart of the problem. keystone was an obvious choice. everybody in washington says they want more american jobs right now. well, here's the single-largest shovel-ready project in america. it is literally ready to go, awaiting the permission of the president of the united states. some of the news outlets are calling this pipeline controversial. i have no idea why it could be called contr