at that point an officer identified as sergeant lombardo takes over, posing as the alleged victim. "ugh, that's not cool." mcdonald replies, in essence, stuff happens. the reply ply from the cop is "i don't even remember anything." former prosecutor steven clark says this could be crux of the argument. >> it's not going to be ray mcdonald saying he didn't have sex but it was consensual. but if she wasn't capable of giving consensual sex it can be rape under california law. >> reporter: mcdonald told police about surveillance video he had of the encounter and mcdonald's father told me it will provide the truth. he said, we know the real story and when it comes out it will make your head spin. thank god for the surveillance system he put in." >> that was robert handa reporting for us. coming up at 6:00, more about that video and why witnesses including 49er aldon smith could be crucial to the outcome. >>> the man convicted of setting more than a dozen fires in san jose back in january learned his fate today. as part of a plea deal patrick brennan will plead guilty to over a dozen cha

russell gould from when the conditions is not as bad as overnight with this defect unless our 40 lombardos it also will have 01 advisory in effect until noon kills a low estimate the peak when guests these are some impressive numbers the oakland hills picked the best old 62 m.p.h. canada will see that bias and hints of the next hour as and when will the minister and altman have acted as a hybrid dollar and 04 to stock of '50s massive size i expected 40 degrees or higher over and the law or authority to buy harcourt it will seem loaded down and stop that beginning at midnight he ought to see if i were still adjusting and articles as when the freeze -- and the false and bicycles to affect kibbutz >> erica: coldest temperature of the season sulcus and non-bank but as a sign of some of their plans and ensure they are attacked and bring your can to back indoors especially tonight at persistent this will automate change let web amount of that cold temperatures as in italy and saturday and sunday will look formosus undisguised partly cloudy conditions as the head back to work on monday and attra

. >> kathy lombardo chaired the governor's commission. >> did we miss an opportunity? >> potentially. could we work more quickly? yes, probably so. >> the report lone includes that the state needs better planning and more state funding to handle unusually disasters. >> how do you get responders there faster and more of them once you understand that the situation is extraordinary? >> at year's end with memorial trees decorated for the holidays the traffic is moving again. but that scar on the mountain keeps terrible memories alive. >> the wounds just heal over time but you never forget something like this. >> you're always going to see that thing. >> i'm always going to see the devastation and forever. >> marla scagland said that some of her neighbors have simply moved away. >> when the history books are written, 2014 will be remembered as a breakthrough year for gay rights across the united states. the milestone achievements and the road ahead. that's next. >> 2014 will go down as a water shed year for same-sex marriage. 30% of americans lived in states that allowed ga

. ♪ lombardo vocera de la direcciÓn de trÁnsito de california dijo que grupos de 10 o 15 calientan elnes, la costa de new jersey estÁ cubierta de agua. >> la tormenta de la costa oeste afectarÁ hoy y maÑana esa zona en algunos lugares se espera que se acumulen hasta 13 t de lluvias. los desagües alrededor de sus hogares para prevenir inundaciones. >> muy emocionante fue el reencuentro de un padre con su hijo el niÑo esperaba recibir un reconocimiento en su escuela por tener a un familiar en la guerra. por la puerta de entrada a su mejor regalo navideÑo. todo saliÓ acorde al plan ahora por supuesto van a celebrar la Época decembrina juntos. tenemos mÁs para ustedesen despierta amÉrica. ♪ >> abrimos con mucha fiebre futbolera tenemos el gusto de platicar con uno de los grandes futbolistas que ha dado la madre patria, espaÑa y que ahora forma parte del equipo cosmos de nueva york le damos la bienvenida al talentoso raÚl, bienvenido a despierta amÉrica gracias por acompaÑarnos. >> buenos dÍas. >> jugaste en espaÑa. alemania. arabia. >> siempre habÍa tenido la ilusiÓn de venir a estados un

. >> it always comes back to guy lombardo. more than 1 million people set to pack times square.appy new year? >> hey, yeah. happy new year. we're here in times square. i'm on top of one times square. this is where the ball is located. this is where it lives. it's going to be rising later today and then eventually dropping to ring in the new year. that's coming up at about 11:59 p.m. tonight, everybody is expecting it, eastern time. it was tested yesterday at noon. they tested it to make sure that it was working properly and it's very important that it all does so because like you mentioned, about a million people will be here in times square. but world wide, about a billion people will be watching the celebration here live from new york city. tonight we're also going to have approximately a ton of confetti coming down. i want to test your knowledge because we've been bringing you these fun facts throughout the morning. i want to make sure ainsley peter and clayton have been paying attention. especially clayton when it comes to the confetti facts. >> right. >> how much do you thi