district judge larry burns, right. ruled it has to come down. he will stay it pending appeal and we'll see what happens. legal test is a throw- part test and what it is, does it have a secullar purpose? in this case it was a war memorial. two, does it have to promote religion. it does on a level. and does it cause entanglement tone government can religion no. two out of three. in my view legally. >> you think the cross should remain? >> i do. it was a war memorial going in and that is secullar and that is important and a bit of a grandfathering concept. my answer might be different. doug, what if they put it up today. but it went up in 1952 as a war memorial and that's where you start. >> jewish veterans of the united states who brought the original lawsuit and they felt we support the government paying tribute to those who served bravely and we should honor all of our heros and not one particular religious symbol? >> how do you get around. >> the great point. i talked to experts and at the time, the majority of served were of that religion not

district court larry burns, no relation to me, ultimately ruled that it has to come down.important part, he stayed it meaning it doesn't come down while the appeal is pending, and i think that my name sake, judge burns, may be facing a reversal on appeal here. gerri: you think they're going to take this thing down? >> no, i think he's going to be reversed -- gerri: which means it'll stay. >> exactly. and i think this case is headed to the supreme court. this case is going to be a hot button -- gerri: that's what i don't understand, so there's a spiritual aspect to this as well. we were talking about this in the break. i don't think the cross should come down. >> i don't either. gerri: it's been there, first of all, for so very long, and it's to commemorate veterans and so many people in this country see it as a symbol of hope. and to take it down now, to me, just seems wrong. >> it's a war memorial, not a religious memorial. that's what people have to understand. and to us lawyers, we lawyers with correct grammar, it's a grandfathering concept. in other words, if you want

district judge larry burns was reluctant to issue this ruling but says his hands were tied by the 9th circuit. he stayed his order though to give the mount soledad veterans memorial association a chance to appeal which i am almost certain they will. we will keep you updated. >>> a group of gop house members say it is time to draw a line in the sand. they say president obama has gone too far when it comes to ignoring laws he doesn't like or simply changing them without consulting congress. they are backing a house resolution that if adopted would authorize a lawsuit against the executive branch. joining us now, one of the co-sponsors who signed on to the resolution. tre gouty, good to see you today. >> yes, ma'am. how are you? >> i am very good. i want to ask you about this though. there is legal precedent out there essentially from 2011 when a group of lawmakers tried to sue over president obama's intervention in libya. and a federal court basically told them members of coming essentially pretty much don't have standing. it is nearly impossible to bring a law against the executive bra

district judge larry burns in a bind. he's a george bush appointee.is now currently bound by the 9th circuit ruling saying this violates church and state. these are federal lands, that's why the federal court is hearing it. he's given 90 days to have this removed -- >> so, judge larry, and he's making his own tv show, judge larry, says look, you've got to take the cross down because the aclu -- >> exactly. >> -- on behalf of some jewish veterans. >> jewish veterans, right. >> -- sued saying we don't want this christian symbol on federal land honoring the veterans. >> but here's how the government can get around this now because they have 90 days before this process -- >> appeal. >> -- to take it down. argue it's a historical thing, not a religious thing. it's been there since actually 1913. it goes back since -- >> 1913 it's been up there. now, why is it historical? why would you say it's historical? >> that's the only argument that would -- >> why? they're going to ask you, what's the history behind it? you're going to say what? >> because this was r

>> i can real quickly, first tell you, larry burns is judge, very close friend of mine. very good guy. he was my instructor 20 something years ago at advocacy institute when i was young prosecutor. i have tremendous respect for him. he is a guy who i can tell you understands this case the ninth circuit basically ruled the cross has to come down. supreme court denied cert, refused to look at it. he was not original judge. he is a guy who i can tell you, puts his hand on a bible i will uphold the law and that is basically what he does. i have to follow what they did. he renderedded this decision. jenna: they will go to the supreme court. they already said they would not hear the case. is there potential it would? >> i don't know why. it doesn't raise novel issues the supreme court hasn't heard. the supreme court is clear following a law requiring separation of church and state this is classic case. the ninth circuit ruled. this judge enforced that order or that ruling and i don't know why the supreme court would take it up again. doesn't seem there are any new issues being

burns at least 12 homes and continues to grow. good afternoon, thanks for joining us. >> i'm larry beil. that fire is burning in loss padres national forest near fiver beach. the fire started just before midnight and grown to 550 acres you can see the smoke here. firefighters say the flames are now entering neighborhoods the home of the fire chief is reportedly charred by the flames. 300 firefighters are currently blat battling this fire. >> this is a drought conditions here last few years. this is fuels are ready to go. so, when you get fire in there, and some wind on it. you've got plenty of fuel load. >> the cause of the fire is under investigation. >> crews not going to be getting help in the form of rain. are clouds as you can see. >> a beautiful sky and spectacular conditions in santa cruz. temperatures are 68 degrees perhaps explaining why a bunch of people are calling in sick. sandhya pat jell in with our first look at the accu-weather forecast update. sandhya? >> live doppler seven hd we'll talk about what's happening with fire burning dow jones. we have high clouds passing throu

remember, no wood burning permitted under the law. larry and carolyn? >> thank you. >> an early morning plastics fire in a telephone supply company caused a nearly 11-hour health advisory. heavy smell of burning plastic at all phone company led officials to warn people to avoid that area. >> he worked for the company about 12 years. >> what are you going to do now? >> no idea. no idea. i can't believe it. >> fire officials tell us the companies in the midst of a foreclosure and a bank has taken control of the building. investigators say it's too soon to tell whether arson may have been involved. >> there is a reversal to report by state safety officials over the death of an elevator company at 49ers new levis stadium. the 63-year-old on the right killed in june when struck by a counter weight at the bottom of an elevator shaft. cal osha issue theed the elevators worth $18,000. investigators initially found no fault with the company in october. the company tells abc7 news it will contest the fine. >> we're learning more information about that pg&e pipe th

larry beil. >> slow progress from that 500 acre wildfire burning in big sur.5% contained after destroying 15 homes >> alameda county fire has a strike team en route to the front lines. >> reporter: a lot of progress has been in part because there has been calm winds or no winds but the fire is still moving. let me show you up the hills next to our base camp. you can see how smoky they are. we've seen smoke getting closer to camp this, is a mid december fire caught a lot of residents here by surprise. the fire chief was among the first to be called to respond to the forest fire and one of the people affected. this is a picture of her home. >> i walked out of the front door, ashes were coming by my front door. >> she wasn't able to help battle the fire, she tried to save her house, but wasn't able to. >> came up so fast. a steep hill and a windy night. there is wind from fire. whether me or anyone else, it's just devastating. >> hers is one of 15 homes destroyed by flames. 100 people remain evacuated and crews had ideal firefighting weather all day the fire is b

burns. officers spotted the van and questioned the driverer. man named larry hall. hall said he had been looking for a friend's address but the address he gave didn't exist. officers let paul go. september 20th, 1993, six months aftertrisha's disappearance now 15-year-old jessica roach goes missing in georgetown, illinois. investigators gary miller got the call. >> we all knew we has something really bad here. we had an abduction. >> jessica's badly decomposed body was found in an indiana corn field weeks later. then like trisha's, jessica's case went cold. >> there's a lot of times you wonder if you'll solve it. you will recheck everything out. >> for over a year mill her scoured local police reports and then a break. a vehicle reported in a county nearby. the owner, larry hall. >> he had been involved in stopping some girls. they were scared. they ran from him. >> in the last six months his van was spotted by more than 11 girls in five different towns close by. including those where jessica lived and where her body was found. now, miller contacted the police in ha

burning. >> i can see firemen walking through the building and -- with their flashlights. >> reporter: video taken by larry shows firefighters searching and they were armed with high-tech help. >> this is called a thermal imaging camera. firefighter setter will come over and show us how it works. i want you to take a look. he's gonna put his hand through the wall. after he takes away his hand for a few seconds, you can still see his handprint on the wall. that camera saved precious time helping firefighters find the source of the fire and the two victims in the master bedroom. >> as i opened up the door, i did find a downed female. she was conscious at the time. disoriented. stated that she needed help. shined my flashlight down the hallway to look for another victim and found another one at the time that was unconscious. >> reporter: he helped carry both victims through that smoke to waiting firefighters. >> they were just holding her. she looked so frail. >> reporter: she was being held by firefighter allen baits who said he just kept trying to reassure her. >> everything is gonna be okay. headache on. w

burned? >> you're right the most hated rally. larryr pretty much needs a for sale sign on his chest, anybody's dog will hunt. and asked how much wealth he created for the super rich. he said, no, no, we're favoring the middle class. that's wrong and why it's hated. the policies favored the rich and super rich and say the average mom and pop are not sharing with them. mom and pop are going to get in now and that's a worrisome sign. charles: it breaks my heart when the average person is not in the market when it's down and wait to get in until the top. >> great talking to you, charles. charles: delta computer systems giving travelers discount from boston to hawaii. >> this is a good deal if you're obviously to be part of delta's mistake. so it's down 3/4 of 1% now, although the dow transport is at a new record high, charles. here is the thing, on delta, you could have gone from los angeles and someone left off a zero. first class from l.a. to hawaii, $200. right now that's about $3500. this is a government wear mistake and a lot of custo

larry! >>> i'm talking to you. >> "catching fire" the latest course in "the hunger games". >> what were you thinking? >> burnede enough gold to rebuild ten times over. >> "the hobbit" warmed theaters. >> and "american hustle" brought the heat but it's that could not stop the worst trend in hollywood -- >> no, no, get off me! >> remaking classics like "carrie" and "the great gatsby". >> i saw that. terrible. >> gatsby doesn't exist. >> although a lot of fans don't mind. >> i loved it. >> i saw it on a flight to london. i saw it on the way there and on the way back because i loved it so much. >> next stop, fruitvale station. >> my favorite movie of 2013 was "fruitvale station". >> get off the train now! >> there were plenty of sequels and returns of favorite characters. "ironman 3" showed his mettle. >> we haven't seen you awhile, america. >> it the anchorman kept it classy. and the man of steel came out of the phone booth once again. >> i was very disappointed in superman. >> can't keep pretending i'm your son. >> he is constantly agonizing i never met my real daddy and can't be on the track team. get your head

larry wheland has been charged with felony aggravated cruelty to livestock and conspiracy to commit cruelly. more than a dozen horses had their legs or hoofs chemically burned. it's called soaring and it's long been used by trainers. it develops the high stepping gait because of the pain experienced in its legs and hoofs. undercover video showed the beating of a horse and using soaring tactics. but many trainers say the actions of a few have given the entire industry a black high. >> we get categorized as all of us being bad when it just because you may own a gun don't mean you're a murderer. just because i got a horse don't mean i'm an abuser. >> reporter: the humane society of the united states say abuse is still going on train whose plays more value on winning than the animals themselves. celebration ceo said the new u.s. department of agriculture inspection process has cut down on cruel and abusive practiced. >> a horse is monitored more than any other horse or breed. >> reporter: but the humane society is acciden skeptical. some trainers say the scrutiny is unnecessary and further punishes a sport already in turmoil. and others say its finally forcing