that's hard on anybody, and he couldn't handle it. >> luis harris has already been found guilty by ampersonating a police officer in order to rape a young woman on the city's bayshore boulevard. he still says he's innocent, but today he is headed back to court to be sentenced. >> some people say this guy is a great con artist. what i can tell you is this, my emotions and my tears are real. my sincerity is 100% real. >> harris previously served a three-year sentence in state prison for grand theft and violating probation, and does not want to go back. >> prison life is a traumatic, horrible experience. so much so that during my interview of my arrest this time i told a detective, you know, if i had the ability to take your gun from you, i would have taken it and shot myself in the head, because i don't want to return to prison. that's everybody's worst fear. >> the judge who will now sentence harris says the evidence is overwhelming. >> he kidnapped her, he pretended he was a cop, he raped her. he got her p.i.n. number under false pretenses. he used her credit card, and he obtained he

harry sheer from "the simpsons" 70. >>> ryan o'neal speaks out about his legal tug of war over the warhol painting and farrah fawcett. keep it here for more news, weather and sports. i'm richard luieyer. have a great monday. >>> a puppy severely injured and found in a bay area dump, now the search is on for the person who hurt the dog. the latest on the investigation next. >> plus, days after fining pg&e hundreds of thousands for failure to monitor a gas pipe line the public utilities commission returns the check. we'll tell you what's behind the refund next. >> it's bittersweet. >> fans and players reminisce. the 49ers get ready to play their final regular season game at the stick. >> taking a live look outside now. you can see looking like a good start to this monday, december 23rd. this is "today in the bay."

harry's girlfriend at the time. quote, kissy, kissy, i love you so much, babykins, yes, i do, giggle, giggle, girl stuff. it's chelsea. that's what he put in the message. imagine that. i'm richard luithis is "early today," we hope it's just your first stop of the day on nbc. >>> leading the news, on the "today" show meet the heroes behind this act of bravery. an armed gunman in a commuter bus demanding passengers' cell phone. one man grabs the gun and he wrestles the robber to the bus floor. >>> slightly haunted pennsylvania home doesn't scare away would-be buyers. the listing of this 1901 victorian comes with sounds of phantom footsteps, a strange knocking, a hardly noticeable scream once a week and ghastly visage lurking behind you in the bathroom mirror. that's all. >> people will buy it. asking price, $144,000. >> bargain. >> you don't even have to pay me to buy that. >> on halloween, having people over. >> slightly haunted. good idea. >>> new mexico's supreme court unanimously rules to legalize same-sex marriage. before the ruling the state neither legalized nor banned gay marriages. new mexico is the 17th state along with washington, d.c., to legalize gay marriage. >>> hhs an

lui in for chris jansing on this friday. we are continuing to follow some breaking news this morning about senate majority leader harry reid, his office saying he was not feeling well and as a precaution went for

lui in for chris jansing on this friday. we are continuing to follow some breaking news this morning about senate majority leader harry reid, hospitalized. his office saying he was not feeling well and as a precaution went for tests. he's alert and feeling better, but he's staying in the hospital for observation. here is what senator dick durbin said as the senate opened this morning. >> senator reid, the majority leader, is absent today and i will be acting in his place. senator reid called me this morning. he sounded good and we look forward to his speedy recovery. >> and it looks like the senate will be business as usual today, even though senator reid will not be there and of course we'll be following that developing story right here on msnbc. >>> also more changes this morning to the president's health care law. if your policy was cancelled, not only can you keep your old plan, but now you will be eligible for a hardship exemption and you'll be able to buy a cheaper catastrophic plan and be exempt from the penalties if you do not buy insurance next year. this change came in response to a push from six moderate democrat