a judge will soon announce the sentencing. the judge has been hearing motions on a new trial, the gun enhancement charge, and statements from grant's family and from messerly. >> claudine wong is in that h a county courthouse so she is outside the courtroom. are you with us? >> reporter: they have actually just now in the last minute come out of the courtroom, taking a 15 minute break so we are just minutes away from getting a decision from this judge on what johannes mehserle's fate will be. we have been here all morning outside since 8:30 this morning waiting for the judge to make a decision and it has been a very busy time in court. we started at 8:30 this morning hearing motions from the defense. there are two motions he held arguments on. the first one is the motion for a new trial, the defense wants a new trial on the said there is more information on weapons confusion was cited before and they had a case this would show this is an unprecedented issue who face police officers who carry both guns and taser. he also listen

our common and the judges in dept. 43 j judge bauer -- unlike judge bauer common the judges in department 43 are borden. there is no one to make objections or advocate for the people who go to these courtrooms, because they have never had them there. there is no lawyers, so what happens is i go into the courtroom, and i hide behind a broad-shouldered deputy so the judge does not recognize me, and i listen and watch. the judge comes in, and everybody rises, and the judge goes through the speech she gives to the defendants who have been waiting all weekend in many cases to get out because they are there for public intoxication or failure to appear for a warrant, so they have been picked up on the weekend. i will exaggerate. she comes up and goes, you are here charge, and you have the right to go to counsel. i will do the deal for you right now, and if you want a public defender, you can get a public defender. let's go. then what happened is a long line of guilties. guilty, guilty, guilty -- incontinent -- not guilty. no continent. guilty, guilty, guilty. i am an amateur, but even i am sayin

has judge judy ever served on a jury? what's it like to be the only person who's beat oprah in the ratings? stay with us. exchange traded funds. some firms offer them "commission free." problem is they limit the choice of etfs to what makes financial sense to them. td ameritrade doesn't limit you to one brand of etfs... they offer more than 100... each selected by investment experts at morningstar associates. only at the etf market center at td ameritrade. before investing, carefully consider the fund's investment objectives, risks, charges, and expenses. contact td ameritrade for a prospectus containing this and other information. read it carefully before investing. >> larry: we're back with judge judy in her 15th year. what do you think about beating oprah? no one beats oprah. how dare you? >> well, first of all, we did that for a period of time and we did that last year. i have to be honest with you, the last few weeks, she's whipping my tail. >> larry: it's her closing year. >> it's the ebb and flow -- oprah is undeni

if they go back to trial all bets are off and the next judge, this judge might say do you know what i'm going to be for years now >>. so the prosecution has no right to appeal >> the they can appeal. for sure. >> that is interesting, you said you are angry that the judge apologized what do you mean about this? >> at the end of judge, i was not in court i just heard about this. i did the best i could. i was thinking, i hope you are doing the best you could, you were the judge. and, i, i, i know that this is going to upset some people and when i look to a judge i want somebody else little bit stronger in light and i want to say " i considered this, i'd consider aggravating circumstance and medicating circumstance and this is what i'm what to do, this is what they pay me to do, to make these tough decisions that you disagree that is fine, if you disagree me that is fine. if people disagree to meet and that is fine. i will move on. i did not like him stepping back, man up to this. is your job to do this than you do not have to apologize anybody. it probably it will because this issue but th

has judge judy ever served on a jury? what's it like to be the only person who's beat oprah in the ratings? stay with us. >> larry: we're back with judge judy in her 15th year. what do you think about beating oprah? no one beats oprah. how dare you? >> well, first of all, we did that for a period of time and we did that last year. i have to be honest with you, the last few weeks, she's whipping my tail. >> larry: it's her closing year. >> it's the ebb and flow -- oprah is undeniably the queen of daytime television, she's brought a dimension to day-time television that i think has not been there before and to the media in general, he's tireless. to be a billionaire, to make yourself a billionaire when you came from the kind of life that she came from at the beginning, to me it's miraculous. so, sure, it was fun for a moment, it was fun while it lasts, there will be somebody to knock me off my perch, i guarantee it. >> larry: has oprah ever asked you to be a guest? >> no. >> larry: surprising? >> yes. >> larry: i would have

judge judy is our guest.watching ""larry king live."" ♪ [ indistinct shouting ] ♪ another day ♪ another dollar ♪ daylight comes [ dogs barking ] ♪ i'm on my way ♪ another day ♪ another dollar ♪ working my whole life away ♪ another day ♪ another dollar [ man ] i thought our family business would always be boots. until one day, my daughter showed me a designer handbag. and like that, we had a new side to our business. [ male announcer ] when businesses see an opportunity, the hartford is there. protecting their employees and property and helping them prepare for the future. nice boots. nice bag. [ male announcer ] see how the hartford helps businesses at achievewhatsahead.com. >>> what i have sort of found out here in california is that everybody thinks they have to surround them with their arms and give them a whole bunch of "kumbaya" and love. i come from brooklyn, if a cop's giving you a ticket, he doesn't give you a whole lot of love with a ticket. you're not allowed to vandalize another person's property.

people are clapping and the judge is pounding on the gavel. the judge says all right. all right. there is a lot of interest here. we're going to take 15-minute break and we're going to come back and i'll figure out what to do. 15 minutes later, by the way in the break everybody is coming up to steve and they are like, you know, shaking his hand and begging him to represent them. so, so, so she comes back and puts up on a microphone and for the rest of the day everybody could hear but i went back to that court the next day and steve was gone and so was the microphone. i went back to the court for weeks on end for the next five years because i wrote a whole chapter about this community and there was never another microphone and there was always that huddle. that huddle is what my book is about. it is about people who work in the system who become more attached to each other than they are to the jobs that they are supposed to be doing. and what they do is they lose a sense of what it is that is important and who it is that they are supposed to be protecting and instead, the justice

grant any mother begged the judge to throw the book at the former officer. but johanas mehserle spoke out too. apologizing to the grant family and to the entire bay area. >> his message to the bay area was, of course, he is so sorry. that he took the -- the life of oscar grant. he did not mean to. he lives with that reality every day. and, he feels so sorry for the family. he apologized to them. >> grant's family says they don't been it. they say, justice has not been served. >> delayed justice is no justice. delayed apology is no apology. >> now the judge acknowledged there are no winners in this, only losers. he acknowledged that most people would not be happy with the outcome. and both sides are already considering appeals. reporting live in los angeles, i'm jodi hernandez. back to you. >> the saga goes on. thank you, jodi. want to take you back out live to oakland right now. right now in front of city hall. where hundreds of protestors began to gather earlier this afternoon. they are still there. they want to emphasize that the protests have been peacefu

even the judges in santa clara county who were giving the colloquies, and the judges who would turn to defendants and say, i would like to get this resolved today, which basically means to plead guilty or no contest, they talked grudgingly. >> watch out if you ask someone out for a drink. i know in your study one of the things you found was there was a tremendous amount of pressure that came from the judges. can you talk briefly about that? >> sure. does this still work? >> one of the things we found that was very disturbing in our study was that nearly three out of four offices reported they had been pressured by county commissioners to cut costs. a good example of fat was recently reported -- good example of that is that it was recently appreported sacramento was planning to cut a third of their budget, yet their caseloads are already at twice the number of the national standards permit, so you have got that kind of economic pressure. there is also another type of pressure that comes from the lack of professional independence, the way we structure our public defense, especially our c

so the judge threw it out. john burris calls the judge and his decision racist. >> and every family in this country whether they are african-american, they will have this real sense that there is no justice for african- american young men who are shot and killed by police. >> reporter: mehserle's attorney said he found more cases of weapons confusion one identical to the bart shooting. the judge agreed and said since there was never evidence suggesting mehserle was an aggressive cop or would be a threat to the community, he believes mehserle should get probation. the judge ruled since oscar grant was killed through no fault of his own, mehserle had to serve some prison time. and two years is what the judge saw as appropriate. grant's uncle says given the judge's ruling, he is refusing a call for calm on the streets. >> people want justice. there can be no peace without justice. i'm here, my family in los angeles, keeping them calm. i have no power over what people feel their form of expression should be. >> rep

in a lay judge trial six randomly chosen citizens serve alongside three professional judges to determine guilt and sentence those found guilty. earlier yuko fukushima spoke with nhk senior reporter koji nishigaki to get insight on this story. >> can you give us the background which led up to today's sentence? >> in japan lay judges have ruled on 800 cases so far, but this is the first time they've imposed this sentence. japan introduced the lay judge system in august 2009 to reflect the opinion of general public in dealing with serious and significant criminal cases. in the country there is a certain standard on whether to sentence a person to death. in a case like this, which involved the murder of two people and robbery, many district court judges have handed down the death penalty. so there was a precedent. however, the individual in this case can appeal the decision to a higher court and the supreme court. there's a chance he could get a different sentence from professional judges. the extraordinary comment by the presiding judge in court today urged the man to appeal to a higher cou

judge jacobs.that was a fairly common practice. but something went wrong. the hold was never transferred. as a result, judge jacobs has been on the bench now for the last 18 years. [applause] >> and we were honored to have him committed to rule of law to present the 2010 lecture. judge jacobs. [applause] >> thank you for the opportunity to deliver this lecture named for barbara olsen. she was a kphop commentator whoe about compelling matters with directness, can correspodor and. i will talk about lawyers at r war, more particularly the professional elite and bar associations that are at war with the military of our own country. i'm not the first to notice that among educated classes and cadres in this country there is a prevailing hostility to all institutions that are organized on military lines or that assimilate military values and a suspicion of the people in these institutions and professions, the police, the f.b.i. of course, even the boy scouts. this is nothing new. i'm not parting the curta

the judge has lot of discretion with how he uses it. >> the judge has a loathes of ways to -- the judge has lots of ways to go. he starts off two or four years for manslaughter. the judge could toss out the gun enhancement entirely or go low leo and say three years but he could make it concurrent with the manslaughter. so in effect the gun enhancement doesn't add anything to the time in prison for mehserle. >> reporter: mehserle will get a chance to speak to the judge today. the family of officer grant will be anal to tell the judge how it impacted them. we also talked to johannes mehserle. live here in los angeles claudine wong congress. >> before you go i know we talk the about last time. mostly it was peaceful protests. a lot of people that go out and lute the store and do damage. i don't know how they care about the case they are out there as an excuse. we were wondering if police are considering one more reason more people might be out tonight regardless of the sentencing. >> reporter: certainly that is something they are considering. there was a lot of tk when this date was set th

the da hands the letters to the judges and the judges read the letters and realize it's a real impact in the community. that way you don't see the person back on the street within 5 or 6 days. if they are doing the same thing or in the area these guys can arrest them right away without probable cause or anything like that. i will turn it to ethyl and she will talk about the d's and the stay orders. >> thank you, valley. as the officers mentioned it's not always like it is on tv. when you see somebody doing something on the street they will not be in jail for the rest of their life. a couple of things have to happen. one thing that has to happen is they have to be arrested. in order for the district attorney to prosecute anyone they have to be arrested. just because you know and i know and they know that something's been done doesn't mean they are going to jail or prison. the only way the officers can arrest somebody if they have probable cause. sometimes the probable cause is you calling the mreet and saying there is a guy doing this and he looks like this and blah blah blah. if there

a judge is hearing whether phillip garrido is competent to stand trial. he claims the case is high profile and may make it doifl get a fair trial locally. >> san pablo police know the identity of an abandoned 18-month-old boy after his mother turned herself in. sondra samuel notified police after seeing news reports about her son. detectives say the 40-year-old mother dropped her son off in this neighborhood and took off in a taxi yesterday morning. leaving the child himself. the boy doesn't know anyone in that area apparently. police believe the mother happened to be there and decided to abandon her son. >> basically she's telling us she felt she was unfit mother and that someone else would be able to care for the child better than her. >> the boy remains in the care of child and family services. samuel has an arrest record but police refuse to give details about that. she could face several years in prison if convicted. >> two people died after a high-speed chase ended with a crash on the streets of east oakland this morning began when the patrol tried

>> it's going to depend on the record that the judge made in court.id he explain his ruling in enough detail to say that this was a proper use of his discretion? it is likely an appellate court would not overturn the judge's decision, but i think the da's office will look at that issue. >> all right. thank you very much, steven. of course, we'll see you at 6:00 for more input on the sentencing. >> thank you. >>> now on to other news. san francisco police have released a sketch of a person of interest in the killing of a well known publicist. police say a man dressed as a utility worker was ringing buzzers at the russian hill apartment near the time of her killing last friday. investigators also released photos of a utility belt, hard hat and tool box similar to the ones he was wearing. police discovered his body early saturday morning after someone called requesting this check on her. >> we're reaching out to the community, saying listen, if you have any information in the area at the time the homicide occurred, if you have any information pertaining

who the judge believes could have staggering implications. if he sides with the defense, the judge could set aside the gun enhancement and sentence him to a few months in jail. if he believes the prosecution the judge could spend him to prison for up to 10 years. prosecutors argued their case saying grant never did anything to warrant being arrested. in that position they say grant did not pose a threat so johannes mehserle had no reason to reach for a wep he showed no remorse. in briefs filed by the defense, lawyers argue johannes mehserle drew his done by mistake which means he can't be guilty. johannes mehserle lost his job and his reputation they say and he is not a threat to society. >> tomorrow's sentencing is the latest act in a tragedy that started 2009. johannes mehserle was arrested two weeks after the release of these cell phone videos showing him killing an unarmed oscar grant on a bart platform. >> reporter: prosecutors filed murder charges. johannes mehserle pleads not guilty to murder and set free on bail. he goes into seclusio

the judge saw it and he has made an expressed find.his is one it very important finding and to he found that as a matter of what he had the right to use the taser under this circumstance so it is an issue that is a good issue that under those circumstances did he have the right to use it. and to create, this is a case that he and handed it to draw and to fire, he drew and fired a fire arm which is an incredible finding to the defense. >> for continuing coverage we have it online where we are blotting just log on to her website it. less systems are in fact in the bay right now one is pushing through the north right now and we're seeing some shores through the are be the biggest thing that you see right here is going to die down to this out that it could bring some sprinkles to the south bay. the art to be looking at this at 5:00 in the morning we are getting moderate rain in the north bay and it is making its way to the 7:00 hour, a look at this. your igc on your screen is very heavy rainfall and you're going to be seeing this continue