john burris is a prominent civil rights' attorney who served police officers involved in the beating of rodney king. he joins me right now. thank you, sir. before we get into the civil rights implications in this case, i want to ask you about the calls to have the prosecutor mcculloch to recuse himself. >> there's no legal issue for him to be disqualified. the question is, do they have confidence in him because his department probably doesn't have a lot of experience prosecuting police officers from that particular district attorney's office, there is fear that you will not evaluate the facts effectivelily and pursue a case against the police. that's really the undercurrent of it. it's not that he's incompetent or impartial in ways that you can put your finger on it that would justify disqualification. it's really the sense that he has not had these kind of cases in the past before and his office basically close to the local police and therefore they don't feel he would be evaluated in presenting a case against the police. >> so far he said he would not step down but we'll be keeping

. >> attorney john burris will file the lawsuit after a rally and march today. >> sonoma county supervisor is calling out the sheriff for putting his addition to put the deputy who killed andy lopez on duty. in an op-ed piece she criticized the sheriff for putting erick gelhaus on the street calling it a slack to the community and said she was blind sited by the division for not involvinged supervisors in the move. >> racial tension is calming for a second separate day in ferguson, missouri, although seven were arrested. the protests were relatively quiet. police credit community leaders for trying to help decrease the unrest. yesterday, the governor announced a systematic withdrawal of national guard soldiers and now it has been 13 days since the shooting death of an unarmed black teen, michael brown, by a white police officer. brown's funeral is held on monday. now, the latest on the execution of american journalist james foley. his brother and sister are speaking saying the u.s. government could have done more to try to free their brother from isis. here is the latest on that story. >>

let's bring in criminal defense attorney john burris to help us sort this out. john, we just heard that it was standard procedure in the view of the police that they turn this over to the county and standard procedure that we haven't heard anything from that county investigation. do you agree with that assessment? >> well, i think it's -- i have no problem with the fact that it's been turned over to the county. i am a little surprised ha the very narratives, the initial narratives of what were said and wrote down were not made public in the interest of transparency. you can take this whole question of secrecy way too far. the fact that a report has been prepared for the county, that's not a secret document, that's a public document. what goes before the grand jury is, in fact, secret. but there's no reason why that information could not have been made initially. and the reason why it's significant is that the police set forth a narrative at the very outset about what happened. so was this a statement from darren wilson given? so i don't think it's necessarily pro

the civil right's attorney, john burris who is representing the family says that he is filing a lawsuit today on behalf of the family for violating the rights against the city for violating the rights saying the police used excessive force and that's supposed to happen after a noon march from here to the federal building. and then there's going to be a rally at 3:00 this afternoon. of course we are here, we are going to talk to people who arrive. the parents are supposed to be here. we'll have that coming up for you in later reports today. live in san francisco, stephanie chuang, "today in the bay." >> stephanie, thank you again, we'll check back shortly. >>> just in right now, berkeley police are asking for your help to find a missing elderly woman considered at risk. police say that the carmen bentamaro has dementia. she's been missing since 11:00 last night. if you know anything, please contact berkeley police. >>> it is 5:02, clean bill of health this morning, we now know the u.s. two health workers who contracted ebola in africa are free of the virus. >> "today in the bay's" kris s

john burris filed a lawsuit earlier in the day. >> this is a person who was not armed. we don't believe the narrative of him pointing a taser at the police officer at the time was true. >> reporter: the day started with a small sunrise gathering at the site in bernal heights park where alex nieto was killed. they marked it with an aztec ceremony offering prayers and calling the spirits from the other world. maria is angry at what she calls a senseless police shooting. >> policy changes need to happen. officers need better training and actually think before they shoot. >> reporter: the 28-year-old was shot and killed last march by police investigating reports and a man with a gun. officers shay they fired when he appeared to draw a weapon. it turned out to be a taser. >> this is the weapon he had. >> reporter: police chief told a town hall gathering the officers thought it was a real gun. family and friends say witnesses told them he never pointed the taser at officers. they hope a federal lawsuit will help clear the air. >> we want the truth. we want transparency that w

. >> reporter: attorney john burris says he insists that this complaint will force the city to review the officers involved in the shooting, will also release the autopsy reports, and he hopes bring out more transparency in the investigation. reporting live in san francisco, linda yee, kpix 5. >>> a dominant bay area prep football team goes from the field to the big screen. an inside look at the coach behind a 151-game winning streak. >> thieves breaking into cars without leaving a trace. how high-tech burglars are getting inside with just a click of a button. ,, ,,,,,,,,,,,,,, cl >>> want to get you back now to some breaking news. we're looking at live pictures over this large industrial fire in santa clara. this is hang on alford street in silicon valley. flames had erupted there less than an hour ago. you saw firefighters there, uhm, getting as much water as they can on this fire. so far three trucks, uhm, a large tree, all of that going up in flames. and it still has not been clear what exactly is burning. we know this is happening at a store there in silicon valley. uhm, and that

. >> reporter: and the family's attorney, john burris, will be filing that lawsuit after a rally this afternoon. the family says the lawsuit is for the violation of nieto's civil rights for excessive use of force by police officers. so, again, there will be a march from bernal heights park here at noon to the federal building, and at 3:00 in the afternoon, they're set to hold a rally in support of the san francisco native. in san francisco, stephanie chuang, nbc bay area news. >>> new at 11:00, a meeting of the minds in the south bay today to stop kids from killing kids. members of the national forum on youth violence prevention and the san jose mayor's gang task force also gathered this morning to see how the city is working to prevent and intervene with youth and gang violence. >> we are this week celebrating a great success in reducie ining violence from last year, when we had some serious problems. our partners with the gang task force and police department have done a tremendous job, despite their staffing problems, they put in a lot of overtime, they really brought the gang viol

civil rights attorney john burris is saying that he has information that's much different than the story that police are telling about what happened about that shooting in march. that alex never pointed any type of weapon at officers, but he was still shot. in san francisco's bernal heights park, supports of alex knee hay droe rallied in march. he was shot and killed in by police. >> he had a taser on his hip which was part of his uniform. apparently some jogger saw the weapon, thought it was a gun and contacted sfpd. >> reporter: they say he was on his way to work as a security guard. that's why he carried the taser. he stopped to eat, then they don't believe he was acting in an erratic manner. >> he supposedly drew his taser at them, pointed at them and they shot him. >> reporter: shortly after, police said they believed he had a firearm and fired in defense of their lives. there were reports of an armed man pacing and that he was told to show his hands. outside of federal court, the family's attorney says they've filed a civil rights lawsuit alleging excessive force. now we did reach

the attorney, john burris filed a lawsuit earlier in the day. >> there's now a time where we, as a city of black and brown, you know, lower economic class, working class folks, need to say we have had enough. >> reporter: an internal police investigation cleared the officers involved in the shooting. those at this rally want another review by the justice department. vic lee, abc 7 news. >>> a man shot by police in june filed a $2 million lawsuit against the city. they claim police used unnecessary force when they shot him in the stomach outside a home on sycamore drive. his attorney says he was unarmed, made no threats and the police didn't say anything before shooting him. >>> we were over levi's stadium earlier today as workers were installing brand-new sod two games before the home game. they ripped out the grass yesterday after some players slipped on loose turf during practice on wednesday. the turf put in today is a temporary fix and will install a permanent field next week. players practiced at the regular training facility next door to levi's stadium. bruce ellington says he's c

. >> reporter: attorney john burris says he will file the lawsuit. >> this federal lawsuit begins the machinery of justice. >> reporter: the 28-year-old was shot and killed by police last march at the park. officers were investigating reports of a man with a gun when they encountered nieto in the park. police say they fired when he appeared to draw a weapon. that weapon turned out to be a taser. >> this is the actual weapon that mr. nieto had. >> reporter: the police chief said it looked to the officers like a real gun. >> every indication that we had was that the officers were firing in defense of their lives. >> reporter: but others say there is a great disconnect between what police say and what witnesses saw. >> witnesses state that alex never pointed a taser, nor did he act in any furtive manner to point a taser at any officers. >> the fact that he had a taser, that is not a basis to shoot and kill someone. >> reporter: nieto's family and friends hope a civil lawsuit will bring out the truth by forcing the government to look at all the evidence. >> the police reports, the medical

attorney john burris has been in the forefront in the call for more restrained police. >> it's not easy but i don't think you get to stop the process of letting people protest because of a few bad people who want to create anarchist type activity. >> reporter: what you're seeing is the standoff going on right now in front of oakland police headquarters between police and demonstrators. chief whent we spoke with him earlier, he said, yes, the new rules are trying to strike a balance. but he doesn't want a repeat of the ugly incidents of the past but says the cops will respond if there is trouble. stay tuned. these are the latest pictures. ken? >> thank you, phil. we'll keep you posted on the protestors in oakland. about 200 people are on the move. these are live pictures. we'll have more coming up. >> we are the law! >> hands up! >> in san jose a group of leaders joined with the silicon valley naacp to stand in solidarity with protestors in ferguson, missouri. they pledged to keep their hands raised for justice in the shooting of unarmed teenager michael brown. >> we stand here today in

hectoliters taser pointed at the police did not happen >> : sits in his coverups it >> : attorney john burris says the lawsuit seeks a vindication and he will present >> : under investigation after police say tread enter merced a hospital maternity ward caring adults all of the real baby. the woman claims of the dolls to be therapeutic for patients see >> : take them with a net for advertisement purposes on cephalus understanding if i used in new this would happen at one of the >> : show up in the yard that tend to get into maternity ward not once but twice of course the occurrence of this concern us it is essential adduction >> : said it was trespassing whitney and her husband first entered nursing medical center less saturday both carrying those lifelike dolls they'd told people believe there as they're acting in a suspicious manner a return to medical center friday police say this time whitney was wearing and nurses scrubs case now turned over to prosecutors and want workers live by stadium-and salt and selling the turf like this week rushed a turk in the new grass before the next 49 hours

. >> reporter: and today the family's attorney john burris is set to file a lawsuit against the city for violating the rights. the police used excessive force. again, back here live, they are in the middle of a buddhist chant as part of this ceremony. they say will help move everything forward. there will be a march at noon to the federal building and then a rally at 3:00 this afternoon. live in san francisco, stephanie chuang, "today in the bay." >> stephanie, thank you very much. >>> new morning, california company has recalled more than 90,000 pounds of chicken cesar sald kits. this. because of a possible listeria contamination. the food company based in corona shipped the kits to sam's club stores nationwide, for sale in the store's caves. now the boxes are labeled appa fine foods sam's club chicken cesar salad kit. a lot of info there. they were produced on several dates between july 49 and august 8th. the used by dates are august 149 and september 17th. >>> it is 6:05 on a friday morning. time to check that microclimate forecast. take a peek outside this morning. beautiful vist

after they say he sought and drought drove up and up and turned out to be taser the family attorney john burrisd's discount calling a false and the cover-up >> : fog party pushing back in the bay shore is looking live from the golden gate bridge at this hour where has a really clear all day but you see blue skies there and the distance to take a live look outside for the bay bridge toll plaza cloudy here as well as fog starts to roll back and carried satellite imagery trouble fog at the media coastline at the other portions of the east bay right there widespread against night temperatures read our remaining on the warm side away from the coast 86 financial akkadian fairfield 80 nappa in sunnyvale. of the coastline though only a low 60s of the cloud cover overhead. set the fog will return seen drizzle over the coastline very similar conditions this week and one fog afternoon sunshine temperatures largely in the '70s and '80s. as a look into next week warming trend is in store bring us back on the hot side and went back to the '90s. we take a look at the coming up later >> : also still ahead of a