graphic video may play as a role in the trial. >> melissa griffin joins us now.miner as well as attorney. as such our legal analyst. and you have been as fascinated as the rest of us with the trial here. the wrangling over this video, it seems unprecedented. what's the latest? will it be in or out? >> as of today it will be in and all the legal wrangling is kind of expected video is the heart of the case. without the video, the da doesn't have much of a case and with the video the da has a strong case. after it's settled, if it's ever settled on whether the video comes in, everything else is bells and whistles. >> let's shift gears. there are other outstanding issues here and one is change of venue. which seems like out of left field but the attorneys have asked for the venue to be changed. >> that's right. what's interesting about this request to change the venue is that it landed on the judge's desk and it has disappeared. he hasn't asked the district attorney to file any opposition to the motion. he hasn't even addressed it at all and the days in court since t

melissa griffin told cbs 5's joe vazquez that mirkarimi's earlier decision to block the testimony of a former girlfriend just made matters worse. >> there was the hearing, now we know all sorts of details of panties and naked collages. it's been a very bizarre strategy on his part to really allow for all of this dirty laundry to come out. guilty or not, this is not going to be good for him. >> mirkarimi is charged with battery, child endangerment, and dissuading a witness. i'm don knapp, cbs 5. >>> worried family members are searching for a former marine from san bruno. joseph mchenry was last seen at his home last friday. he was going rock climbing during an overnight camping trip. his car was found in a neighborhood two days ago. searchers found several items in the area yesterday that may have belonged to mchenry. >> a tense two-hour standoff turned up nothing. a s.w.a.t. team was called to the area to look for a masked gunman. witnesses say the man entered the store just before it opened this morning. employees got out safely. oakland police released this picture this afternoon.