attorney says witnesses are unreliable there is no direct evidence montano raped the victim. his dna was found at the scene. >> scientific evidence is going is to-to-show his dna is on a can of very strong alcoholic befr and on a condom wrapper but there is no condom. >> the girl was in the hospital for five days after the attack. tonight on abc 7 news at 6:00 tweel tell but a vulgar phone call the father received as he was driving to the school and turns out the phone call was one of hear tack hers -- attackers. >> it's sickening. thank you very much. the team practiced for america's cup, still considering whether to compete following the death of one of the sailor andrew simpson. >> palo alto police just released a search of a man who attacked a woman jogging on sunday. she was jogging along a trail at the baylands nature preserve sunday morning. the man attacked her from behind and groped her before she was able to break free. he ran off as two bicyclist as approached. >> police need your help finding a missing elderly woman with alzheimer's. the sheriff's office issued a

kpix 5's photographer alice montano is joining us by -- alex montano is joining us by phone with what you see. >> reporter: who is this, elizabeth? >> and allen. >> reporter: yes. oh, allen. hey. so i am here on scene. there's a bunch of divers in the water right now looking for somebody who they think is in a car in a van like a gold minivan. i talked to an eyewitness who has seen this gold minivan go into the bay and then it was floating on the water. it was being pushed by the wind apparently. it did not sink immediately. it floated maybe about 50 yards there -- i think -- they are putting a buoy they think the car is in there and it happened just before it sunk kids on a boat that got on top of the minivan as it was floating and tried to kick the windshield in. i guess the air bags were deployed. and as they were, you know, kicking in the windshield or trying to, they can hear somebody yelling, you know, help me, help me. and then it just sunk and they couldn't get the windshield open after all and it's under water right now. >> so as far as you know, alex, are we just talking abo

they are expected to seventh few against peter and montano.remember the attack but is expected to testify at the trial. no clever quips this week. just brutal honesty. jose and marcel and whoever else was involved in this terrible attack you represent all that our society strives to rise above. that brave girl that you decided to brutalize is not afraid of you. she will take the stand and she will help prosecutors put you behind barsor with you belong. you will know the fear when you are behind bars and face the same brutality that you imposed on an innocent girl and her family. and by the way, castration wouldn't be too much. that is it for us tonight. thanks for joining us. remember, friend me on facebook, until me on twitter. -- follow me and twitter. see you next week. >>> tonight on "huckabee" -- >> i'm extraordinarily proud to announce my new national security adviser susan rice. >> screw-up, cover-up, move up. the obama administration rewarding good soldiers who toe the company line while treating those who call out corruption like enem

they are expected to seventh few against peter and montano.mber the attack but is expected to testify at the trial. no clever quips this week. just brutal honesty. jose and marcel and whoever else was involved in this terrible attack you represent all that our society strives to rise above. that brave girl that you decided to brutalize is not afraid of you. she will take the stand and she will help prosecutors put you behind barsor with you belong. you will know the fear when you are behind bars and face the same brutality that you imposed on an innocent girl and her family. and by the way, castration wouldn't be too much. that is it for us tonight. thanks for joining us. remember, friend me on facebook, until me on twitter. -- follow me and twitter. see you next week. [ male announcer ] technology. it's pretty amazing. because it saves things. [ cellphone beeps ] like your marriage. [ boys laughing ] sanity. [ sighs ] [ male announcer ] and time. oh, and money. technology saves lots of money. take esurance for example. they were born online a

they are expected to seventh few against peter and montano.but is expected to testify at the trial. no clever quips this week. just brutal honesty. jose and marcel and whoever else was involved in this terrible attack you represent all that our society strives to rise above. that brave girl that you decided to brutalize is not afraid of you. she will take the stand and she will help prosecutors put you behind barsor with you belong. you will know the fear when you are behind bars and face the same brutality that you imposed on an innocent girl and her family. and by the way, castration wouldn't be too much. that is it for us tonight. thanks for joining us. remember, friend me on facebook, until me on twitter. -- follow me and twitter. see you next week. ready? happy birthday! it's a painting easel! the tide's coming in! this is my favorite one. it's upside down. oh, sorry. (woman vo) it takes him places he's always wanted to go. that's why we bought a subaru. (announcer) love. it's what makes a subaru, a subaru. i'm very excited about making t

montano personally committed some of those acts. he personally raped jane doe and he is guilty of doing that in concert with those other people that did those other acts. >> reporter: montano's attorney says he got on top of the victim but did not commit rape. >> what mr. montano did in jumping down and jumping back up and leaving was that good behavior? absolutely not. we don't want anybody doing that. >> reporter: witness testimony continues tomorrow and the victim is expected to take the stand some time this week. >>> new details about last friday's deadly tornado that touched down near i'll reno, oklahoma. the national weather service announced that the ef5 tornado reached winds of up to 295 miles an hour and that the tornado was the widest in history at 2.6 miles in width. 18 people were killed in that tornado and the flooding that followed. that tornado came just two weeks after another ef5 tornado killed 24 people not far away in moore, oklahoma. >>> here until the bay area bill martin talked about swings the weather was goin

. >> gracias flavio. en richmond se sigue el caso de josé montaños y peters después de violación en baileond en 2009. >> la balacera en la cuadra 100 de little drive fue contra una casa el hombre fue detenido. >> en el área de la bahía hubo homicidio en junio de 2010 y el cumpable tiene cadena perpetua., >> se espera que los tribunales dos cárceles y oficinas del edificio se moverían después de daños en la propiedad. >> richard steiner mostró sin querer foto desnuda de él mismo a alumnos y se le relaciona con pornografía infantil. >> por berries congeladas hay brote de hepatitis a. se recomienda ir al médico en caso de haber comido estos productos en los últimos 14 días. >> cosco saco el producto del mercado pero se investiga si se vendieron en otras tiendas. >> el 4 de julio segun chuck schummer sería el plazo de la reforma migratoria los republicanos dicen que redactaran versión del proyecto de ley. >> la proxima vez que la policía le pida exámenes la sangre podría quedar en una base nacional igual que con las huellas dactilares de personas arrestadas con o sin razón. >> en una conferen

you are looking at video from yesterday of montano. prosecutors allege he raped a girl. the victim's father also to the witness stand yesterday. he says when he went to go pick up his daughter from the dance, he sought hiss and beewilled away on a gurney. espn is reporting that mlb will seek to suspend 20 players connected to terry bosch founder of the miami area clinic biogenesis of america. the clinic is not close, and word is that jury box is willing to spill. alex rodriguez and ryan brought might get a 100 game suspension, the penalty for second offense. also reportedly on the list is athletics pitcher bartolo colon, who was suspended lasted for 50 games and pitching today against ryan braun and the milwaukee brewers. as well as former giants melky cabrera who was also suspended classes for 50 games and dropped by the giants. cabrera is in town as the giants are taking on aelky anmelky and the blue jays. m the white house official says tom donilon is resigning as president barack obamas national security adviser will be replaced by susanrice is curren. ambassador to

. >>> dpi ze un dicho que si la montaÑo no va a mahoma, mahoma va a la montaÑa pero esto pasa aquÍ donde unidos y viajan a mÉxico, a operar gratis. a niÑos de pocos recursos. >>> el presidente de la sociedad dice que desde hace 40 aÑos operan a los niÑos mÁs pobres >>> son muchos pequeÑos que necesitan ayuda. como alexia, el aÑo pasado le operaron la mano. pero le falta otra cirugÍa. >>> >>> los tiene separados. ya hace su vida mÁs normal. >>> y el mejor pago dicen, es la sonrisa de un niÑo. >>> en mÉxico, raÚl torres telemundo >>> al regresar en noticiero telemundo. con cÁmaras escondidas descubrimos como hacen muchas personas inescrupulosas para colarse en las atracciones de los parques de disney. >>> para muchos de nuestros hijos los parques de disney, son el lugar mÁs feliz de la tierra. lo sabemos, pero sabemos que como padres, es frustrante, esperar en filas interminables en esos parques. pues figurese que unas investigaciÓn de nuestra cadena hermana, nbc revelÓ a quÉ estÁn dispuestos llegar unos padres para evitar las filas. >>> vanessa nos informa >>> es el lugar favorito de los

montano is on trial. if convicted both face life in prison. >> time now 6:34. a federal court is ordering california to release 9600 prison inmates by the end of the year. the three judge panel wants prison inmates reduced. they are even threatening to hold the governor in contempt of court. law enforcement throughout the state are warning that releasing thousands of inmates even low risk offenders is still very dangerous. >> i think the public needs to be aware that this could have an adverse impact on your safety, quality of life. >> governor brown says the state will be challenging that court order. alameda county sheriff says releasing inmates would touch off a wave of crimes. >> happening now drivers who only take the fast lane. thousands of racing fans will pack sonoma raceway. brian flores is there up in sonoma with a preview of the big nascar race. brian. >> good morning, pam. this is probably the quitest this is going to be here this weekend. you are taking a look live here on the racetrack. a lot of the cars are still underneath the tarp. those will b

---jose montano de 22 aÑos y marcelles peter de 20, son los ultimos sospechosos en el caso en el que fueron condenados y un menor de edad fue exonerado. ---segun la fiscalia, la victima estaba intoxicada con alcohol cuando fue violada y sodomizada por varias horas en un patio de la escuela. topvo blanca ---un sospechoso ha sido exonerado de todos los cargos en el caso del asesinato de un empresario de monte sereno, perpetrado el pasado mes de noviembre. ---de acuerdo al diario "san francisco chronicle", la fiscalia del conado de santa clara pudo confirmar la coartada del sospechoso de 26 aÑos de edad, de que el dia del asesinato, el se encontraba internado por una indigestion alcoholica. cesar ---el pasado fin de semana fue uno de los mas tranquilos en san jose gracias a una nueva tactica contra la violencia pitch blanca ---sin embargo, por segunda vez, la asambleista nora campos quiere que la policia pida la ayuda de la patrulla de caminos para combatir el crimen, desatando una nueva controversia. take 2 box ---mayra tostado nos tiene mas detalles.. cuentanos mayra. take pkg pkg la

---la joven rindio su declaracion en el juicio contra "jose montano" de 22 aÑos y "marcelles peter" del jucio contra el acusado de ser un asesino en serie "joseph naso" se encuentra en marcha... ---las primeras declaraciones fueron realizadas en el primer dia... ---el sujeto de 79 aÑos un fotografo de modelos esta siendo acusado de asesinar a cuatro mujeres cuyos cadaveres fueron encontrados entre 1977 y 1994 en los condados de yuba... marin y contra costa. ---naso es su propio defensor en la corte que se espera se prolongue hasta mediados de noviembre. blanca ---esta tarde, un incendio de maleza oblig a varios residentes a evacuar sus hogares en la ciudad de petaluma. take vo ---el siniestro comenz sobre la calle "thompson lane" cerca de la calle "skill-man" hacia el poniente de la ciudad. ---las llamas consumieron mas de 20 acres de vegetacion y daÑaron varias estructuras. take vo - cesar ---esta noche, el servicio de "caltrain" regres a la normalidad tras el arresto de un hombre armado con un cuchillo en la estacion de la calle 22 en san francisco ---el sujeto se entreg a las autori

montano and 20-year-old marcelles peter are taking part in a dual trial. while they have separate juries, testimony will be given juns the on just once so the victim does not have to relive the nightmare more than once. opening statements in peters case, his attorney argued his dna was likely mixed into the evidence pool because of windy weather and wind caused the helicopter that rushed the victim to the hospital >>> a major mistake in the classroom could cost a bay area high school teacher his job. police say he accidentally showed his class a naked picture of himself. after 16 years working in the district, richard styner is facing serious charges. he came under scrutiny when he told staff he accidentally showed his class a naked photo of himself during a file sharing demo. school officials called police during the search of his school computer. investigators found child pornography and more than 200 pornographic stories. styner is on unpaid administrative leave. some parents were upset they were not notified. >> even though the class, the school has ta

one 22-year-old jose montano and 20-year-old marcellle sechlt peter go on trial, two juries will heardifferent testimony. they say she was beaten and raped repeatedly while others stood by and watched. it happened nay courtyard at richmond high school after a the defendants are accused of basically the same crime. certain evidence will only be admissible against one at a time. the fact the victim is telling her own story, this all leads up to a dual jury trial. >> she has to relive the events of that night. you don't want to make her do that twice. it is bad enough to have her do it once. >> reporter: he tells us this is a really complex case. this is why it has taken so long for the trial. there are four other defendants on this. two others reached long sentences in prison. two others are awaiting trial. this trial starts this afternoon and is expected to run about six weeks. reporting live in martinez, christie smith, "today in the bay." >>> we want to give you a little heads up if you commute over the richmond, san rafael bridge. you should be bracing for possible delays. the lanes

marcelles peter and jose montano were among those who beat and sexually assaulted a 16-year-old girloutside of a school dance in 2009. two juries have been seated to hear most of the testimony but they will deliberate separately. that could shorten trials but also complicate things. >> if the prosecutor slips up and mentions the evidence against the other defendant it could be bad. >> at some point the victim is expected to take the stand. the trial is expected to last through the middle of next month. >>> apple against the u.s. government. they sued apple accusing them of increasing the prices of electronic books in 2010. the government says steve jobs encouraged boosting prices to eliminate amazon's bargain price for popular e-books. apple's attorney calls the se bizarre. the 5 publishers already settled. >>> shutter fly may move its headquarters to an old race track. baymeadows is set to be redeveloped into housing and offices. it will have township homes, apartments and office buildings. shutter fly is looking to relocate to one of those buildings. but a spokeswoman said no lease

. >> they described our clients treatment during the time he was here at montano and before, and it isically -- in it isnamo and before, and critically important. undoubtably exculpatory, meaning that could evidence establish his innocence. that is also his mitigation evidence, because, as you know, our client was tortured. >> david nevin says he has an obligation to get all the information he can to help save his client possibly will stop he says the challenge in this case is making certain that the u.s. government does not prevent him from doing so in the case of khalid sheikh mohammed. jordan, al jazeera, guantanamo bay, jordan. -- cuba. are due toleaders hold more talks in july, but on world refugee day, most of those say theyob -- in dadab are not ready to go. >> after almost those two years living on hand louts -- on handouts, he would still rather be here than in his home in shema. she and her four children and 82 --year-old mother left their drought struck farm. the drought is now over, and most of the country is relatively stable. mangoeams of their plantations and longs to re

if convicted 22-year-old jose montano court. >>> the 79-year-old is charged with killing four women between 177 and 1994. he has decided to act has arizona own attorney. he could face the death penalty if convicted. he is scheduled to deliver his opening statement this afternoon. >>> 4:43 is the time you. president obama arrived in northern ireland this morning to attend the g8 summit. before heading off, president obama told an audience of teenagers that people around the world have been inspired by the peace probecause hope is sr. contagious. >> as for the gm. >>> four children are injured and a driver is facing drunk driving charges. two of those hurt are the driver's own stepchildren. ktvu tara moriarty joins us now from children's hospital in oakland. tara. >> reporter: three of the four children came here to children's hospital in oakland. two of them are doing fine but one is in critical. this all happened shortly before 10:00 last night. on northbound 880 in hayward. the highway patrol says the driver lost control and hit a pickup truck. >> they suffered significant damage. almost s

the victim known as jane doe showed little emotion as she answered questions. 22-year-old jose montano and x#Ñ 20-year-old marcelles. she was nervous but deliberate when asked to say what happened to her on october 29th. the night she was gang raped in a high school courtyard following a high school dance. jane doe told the court she left the homecoming dance because she had a headache and went outside to call her father to pick her up. she met up with a friend and testified that we were talking about music and ring tones. i told them my head hurt. i had to get up the next day to go to church. i got up to stand up. i woke up the next day in the hospital. the defense attorney james eliot asked the victim, did you consent to have sex? jane doe said no. have sex or kiss you? she says no. she went onto say, i remember not seeing anything because my eyes were closed and i was holding onto my necklace and getting kicked in the stomach. attorneys started asking questions about drinking. eliot went onto say do you remember telling the police officer that you felt like you shouldn't have drank

---la joven rindio su declaracion en el juicio contra "jose montano" de 22 aÑos y "marcelles peter" de ---el jucio contra el acusado de ser un asesino en serie "joseph naso" se encuentra en marcha... ---las primeras declaraciones fueron realizadas en el primer dia... ---el sujeto de 79 aÑos un fotografo de modelos esta siendo acusado de asesinar a cuatro mujeres cuyos cadaveres fueron encontrados entre 1977 y 1994 en los condados de yuba... marin y contra costa. ---naso es su propio defensor en la corte que se espera se prolongue hasta mediados de noviembre. stop open blanca ---quiz usted recuerde la serie televisiva "la novicia voladora" de una monja que volaba. pitch - cesar ---pero con el esfuerzo por la reforma migratoria sugieron las 'monjas en autobus,' roll open under ---quienes andan de gira por todo el pas impulsando una legalizacin.. take 2 box ---jaime peluffo peluffo nos habla de su visita.. jaime.. take jaime live cu - peluffo aparte de las monjas, una agrupacin judia se uni al esfuerzo por una reforma citando su orgen inmigrante.. :01 - :05 :14 - :20 :53 - ::57 1:11 - 1:1

outside a richmond high school home coming dance which happened almost four years ago. 22-year-old jose montano and 20-year-old marcelles peter accused in the attack of the then 16-year-old on the grounds of richmond high school in 2009. the unnamed victim will reportedly take the stand during the trial. even though both men will be tried separately, prosecutors don't want the victim to testify twice, so there will be two injuries that will hear different opening statements but will sit together in the same courtroom to hear much of the same testimony. four other men accused in the rape case. two reached plea deals and serving long prison sentences, two others awaiting their trial dates. >>> despite an effective weekend fighting crime, a lawmaker in san jose wants police chief to call for back-up. speaker pro tem asking acting chief to call in the chp to help things out. this all comes after an emergency meeting over the weekend led to officers boosting the timing and the number of their patrol. police say on saturday night they came across a car full of alleged gang members in a rival gang's t

montano did in jumping down and then jumping back up and leaving, was that good behavior?absolutely not. we don't want our kids doing that. >> cameras were not allowed in the court for witness testimony, but the victim's father did take the stand today. he described seeing his daughter as she was wheeled from the scene and said there was a footprint on the side of her face. >>> palo alto police have released this sketch of a man who they say attacked and groped a female jogger sunday morning. police say the woman was able to fight the man off and he ran away when two bicyclists came by. the suspect is described as latino or latino and black man about 20 years old, 5'8". anyone with information is asked to call police. >>> the fbi says a pair of men has hit three bay area banks in a series of take down robberies. the first happened at a wells fargo in san francisco on april 19th. yesterday the same men robbed two banks in the space of two hours. investigators say the armed robbers held employees and customers against their will while they were committing their crimes. their

the trial will start today. 22-year-old jose montano and 21-year-old marcellus peters were accused of the attack on the grounds of richmond high school in 2009. they will sit together in the courtroom to hear much of the same testimony. four other men were accused. two have reached plea deals and are already serving long prison sentences. coming up at 5:00, christie smith will be live in the east bay to explain why the rare dual trial is taking place >>> police sending more officers out to a middle school after somebody sent a threatening note on campus. there will be increased presence at pleasanton middle school. the threat was written on a wall in the girl's bathroom. parents have been notified of the patrols and administrators are investigating that threat. >> they will hold a news conference to talk about the violence plaguing that city. hours ago, another shooting. three people were shot near the intersection of 13th and webster, a few blocks from the b.a.r.t. station. they believe all of the victims will survive. they have not made any arrests. the shooting is the latest in a v

now, the prosecution tomorrow will open a case against a co- defendant jose montano and that case will be heard interestingly enough by two juries because that will be a second jury in the courtroom tomorrow but during the trial there will be two juries during the course of the trial. liz? >> thank you, don. >>> the victim reached a $4 million civil settlement with the school district back in 2011. kpix 5 reported security was lax at the school even after the attack but the school later installed fences and gates along with strong outdoor lighting and dozens of high definition cameras. >>> you might already go there for your home and office needs but now target is offering something new for brides-to-be. there's a catch. >> and before you brave the day's traffic, stick around for this next story. parts of the richmond/san rafael bridge now a construction zone. >> temperatures dropped today significantly as the marine layer moved back inland. we have a lot of cloud cover sitting offshore poised to move back in tonight but inland it's all about the sunshine and there is a 100-degree day

you're looking at video from yesterday of montano. prosecutors alleged he raped the girl.he witness stand yesterday and says that when he went to pick up his daughter from the dance, he saw her with cuts and bruises being wheeled away on a gurney. >> espn is reporting that mlb will seek to spend 20 clear is connected to a taring bosch founder of the miami area clinic biogenesis of america. the clinic is now closed and word is that terry bosch is willing to spill alex rodriguez and bryant ron might get a 100 game suspension, the penalty for a second doping offense. also reportedly on this list is athletics pitcher is at bargello cologne, who was suspended last season for 50 games. he is pitching today against ryan brought in the milwaukee brewers. as well as former giants melky cabrera. he was also suspended last season for 50 games and dropped by the giants. resin town as the giants are taking on melky and the blue jays. >> and white house official says tom down the land is resigning as president rock obama is national security advisor and will be replaced by susan rise. r

raped and beaten by several attackers outside the homecoming dance at richmond high. 22-year-old jose montano and marsales peter are being tried together. four other men were also charged. two took plea deals and received prison sentences. the victim who is now an adult is scheduled to testify. >>> now to our continuing coverage of the irs scandal. new evidenc -- evidence indicates that orders came from irs headquarters. >> the reason that loisse learner tried to take the fifth is not because there's a rogue in cincinnati it's because this was a problem that was coordinated right out of washington. >> a top democrat slammed the statement as reckless saying no link has been established under any such order. >>> a government watchdog group claims the government spend $50 million for more than 200 employee conferences a few years ago. the events included presidential suites and pricey training videos and baseball tickets. >>> president obama is scheduled to return to the bay area this week to attend two high profile fundraisers. mr.obama is expected to arrive in the bay area on thursday. and app

looked like, but did tell the jury recognize jose montano as one of the men she was introduced too. her only memories of the attack are she said are grabbing her necklaces as someone kicked her in the stomach. she testified she does not remember drinking that night. and that she did not drink with the men at the pinic table. and never consented to have sex that night. outside the courthouse in marteniz justine waldman kron 4 news. >> pam: two men are aleady serving time for the attack. two others are awaiting trial. investigators say, as many as 20 participated. >> breaking news tonight. kron 4 has learned the naked acrobat. accused in a violent rampage at the 16th street bart station, has now been criminally charged. after this display, yeiner perez was arrested, then later released to immigration officials. he is now back in police custody. suspected of false imprisonment, and misdemeanor battery. >> new at five tonight. this attempted kidnapping of a 10 year old girl in pacifica happened on sunday a man tried to grab her when she was walking towards her mother's car. the victim w

jose montano and marcelles peter are being tried together. four other men were also charged. the victim who is now an adult is scheduled to take the stand. we have more on the trial and the case posted on our website, go to www.ktvu.com. >>> they didn't pay attention to the big picture. the big picture was messed up. >> officials looking into the boston marathon bombings reveal their findings, the one thing that is key to prevent this. >> two quashings rocked asia -- two earthquakes rocked asia and an apology, why a pacer is getting attention for more than just the playoffs. >>> a delegation wrapped up meetings with officials in maw cow about cooperation before the boston marathon bombings. the group was led by a republican. he said there was a chance for more cooperation between the two services that could have helped avert the attack. >> not some specific we didn't pay attention to this or that detail. instead they didn't pay attention to the big picture. the big picture was all messed up. our people were not cooperating as they should have and vice versa. >> he said a high

you're looking at video from yesterday's of montano .cutors allege he raped the girl was looking for, the magazine. but his attorney contends his dna was only on the condom wrappers and not on the girl. the father also took the with the span yesterday's he testified he got a call from his daughter cell phone the night of the assault but it was a male voice saying she was at a party at that she was great at having sex. >> more cool weather aids crews fighting the power house fires in southern california. the fire running north of los angeles is now 65 percent contained thanks to cooler temperatures the firefighters are still watching out for a wind gust. officials said there was a flare-up just today but they reminderemained well within containment lines. the blaze and the antilles nestle for is a double in size over the weekend forcing some 2800 residents to evacuate. that sent return home. six homes were destroyed. >> espn is reporting that major league baseball will seek to suspend one declares connected to terry wash founder of the mi

if convicted jose montano and peter marcelas face life in prison. >>> opening statements in the joseph naso trial. a jury was selected last week. he is charged with killing four women between 1977 and 1994. he is acting as his own attorney and could face the death penalty if convicted. >>> tomorrow the board of supervisors will tackle a budget deficit. they will gather for four days of meetings to review a series of recommendations on thew bridge a -- on how to bridge a budget gap. one proposal is collecting sales tax and concessions from unions. a vote is expected by friday. >>> coverage on the controversy surrounding the nsa program. the nsa sled light on the program -- shed light on the program. it says the program is responsible for stopping dozens of terror plots. not everyone is convinced it is worth it. >> the intelligence community is saying there is no conspiracy to listen in on american citizens. >> the nsa would have to conspire with the fbi, with both parties in congress on the intelligence committees and the over sight functions to do something beyond what the law allows.

a rare dual jury trial is scheduled for 22-year-old jose montano 1k3* peter. eight people have been charged. the search for a missing teen from sacramento swept over a fall in yosemite has been suspended. he went swimming in the merced river during a hike with his church group. he was caught in the current and went over the fall which is almost 600 feet high. rescue teams will start again tomorrow. >>> developing news, the power house fire in southern california is threatening more homes tonight. nearly 3,000 people in the lake hughes and lake elizabeth communities have been evacuated. six homes have brn destroyed. five -- 15 damaged. the fire has burned 35 square miles of brush, some of which has not burned since 1929. 2,000 firefighters are battling high winds and thick smoke. >>> a big warm up is on the way in the bay area. let's head to meteorologist leigh glaser for our first check on weather and live doppler 7hd. leigh? >> the warm up will take place the latter part of the workweek. at least the next several days live doppler 7hd is spot on. the low clou

statements are scheduled to start today in the jury trial of 22 year-old richmond residents jose montano0 year-old marcelles peter of pinole. they are among a group of six men and teenagers are originally charged with attacking the heavenly intoxicated girl, whom authorities say was beaten, robbed and sexually abuse over two hours while as many as 20 of the people watched. >> search teams continue to look in yosemite national park, where a sacramento man has gone missing after falling down a nearly 600 ft. waterfall. 19 year role aleh kalman was swimming in their river when he was swept over the edge. he was in the park with a church group. while yosemite park officials believe survive in the fall is unlikely they say that they will continue to search for him. >> a major traffic alert for drivers in the north bay. construction workers began today on the approach to the richmond san rafael bridge. let's take a live look at the bridge courtesy of our helicopter partnership with abc 7 news. the new detours are expected to cause major traffic backups this morning. the work is happening on th

a rare dual jury trial is scheduled for 22-year-old jose montano 1k3* peter. eight people have been charged. the search for a missing teen from sacramento swept over a fall in yosemite has been suspended. he went swimming in the merced river during a hike with his church group. he was caught in the current and went over the fall which is almost 600 feet high. rescue teams will start again tomorrow. >>> developing news, the power house fire in southern california is threatening more homes tonight. nearly 3,000 people in the lake hughes and lake elizabeth communities have been evacuated. six homes have brn destroyed. five -- 15 damaged. the fire has burned 35 square miles of brush, some of which has not burned since 1929. 2,000 firefighters are battling high winds and thick smoke. >>> a big warm up is on the way in the bay area. let's head to meteorologist check on weather and livet doppler 7hd. leigh? >> the warm up will take place the latter part of the workweek. at least the next several days live doppler 7hd is spot on. the low clouds and fog and a stronger

marcelles peter and jose montano. both accused of raping and sexually assaulting a teen.tors decided to try them together in a rare double jury trial. he says a double jury mostly used in gang trials can shorten trials giving victims a reprieve from testifying multiple times. >> it f the prosecute -- if the prosecutor slips up and mentions inadmissible evidence there could be consequences. the victim is expected to testify. two other defendants made a plea agreement and they are expected to testify for the prosecution. >> reporter: the defense attorney just began his opening statements right here at 4:00 p.m. at this court house. he said this would be a complicated case and one of the keys was to focus on the evidence and accreddability of witnesses. -- credibilities of witnesses. tomorrow morning it starts at 9:00 a.m. jade hernandez, ktvu channel 2 news. >>> workers are getting ready for a special election tomorrow to replace a supervisor. they have been holding early balloting. it sent out 77,000 mail in ballots in the district. but only 20% of them have been returned

suspects jose montano and marcelles peter are among six people accused of raping the victim.ut 46 he was beaten, robbed and sexually abused over two hours while as many as 20 people watch. if the victim denied the defendants' claims of drinking alcohol and them before the attack. >> police are trying to track down these who stole a 11 go-karts from the valley christian center in dublin. these are pictures of some of the stolen go-karts. the incident was reported on june 3rd. police said that the go-karts had been taken from a locked storage container in the charges parking lot. the vehicles are worth up to $2,000 each. a surveillance camera captured video of the midsize cars and a bill similar to a moving truck leaving the scene. >> bay area bass solo act instagram may be looking to grab some social status and the video of rain a. facebook sent out an invitation sang " a small team has been working on a big idea. " facebook scott instagram has a single sizzling growth on the internet and the mobile for sharing a ring of. if this memo is to these interests in a new product ann

a defense attorney for one of the defendants, 22-year-old jose montano asked the victim about police questioning in the hospital. do you remember a police officer asking you about whether you had sex and you said no. no. do you remember telling anaphasser you -- an officer you shouldn't have drank so much. no. jane doe replied no it would not refresh her memory if she looked at the police report. >> reporter: the nurse who examined jane doe was next on the stand. reporting live many jade hernandez ktvu. >> go for the very latest on our home page. >>> there has been a new development in a bizarre incident involving a naked man in a san francisco bart station. investigators arrested a 25- year-old. he is accused of being naked while performing the splits at the 16th street mission bart station last month. bart police say he also lunged at some passengers and workers. he is facing felony false imprisonment, misdemeanor battery and sexual battery charges. >>> new information about what caused the death of the inmate who was known as the night stalker. the coroner says the 53-year- old di

if convicted 22-year-old jose montano and peter could face life in prison. >>> starting today a road in fremont will be closed for one year because of the new bart construction project. it's on warren avenue. that road will be lowered three new bridges will be built above the road. the new construction will extend bart to the warren springs area and eventually on to san jose. >>> california state lawmakers will consider limo safety bills from two bay area state senators. this is all in a response to the firey limo tragedy. that is where five nurses heading to a -- would require two doors and two emergency window exits in the back of all limos. there is a separate bill from democrat jerry hill of san mateo. that one will require that ever that ordnance comes at complaints that a sports store was able to sell guns without public input. >>> time now 6:05. let's see what is happening on the roads. sal. >> we are looking at a couple of problems that just popped up dave and pam. first of all let's start off in san jose. there is a stalled vehicle in the left lane. chp is running a traffic

they are 20-year-old marcelas peter and 22-year-old jose montano. the victim's father described finding his daughter right afterward. she had vomit in her hair and the father said she had a footprint on the side of her face. she is expected to take the witness stand later on this week. >>> it's something that hasn't happened in more than 60 years. some city workers in oakland say they are ready to vote on a strike. jana katsuyama tells us the city has a surplus and union workers say they want their share. >> reporter: dwight rated his voice today in -- an oakland city worker for 26 years. he says union workers deserve some money after no cost of living raises. >> in 2008 when the city found itself in dire straits they came to the flows for concessions. >> reporter: the seiu remits about 2500 city employees in park maintenance, public works, street, libraries and police civilian staff. the 21 union includes engineers and other professionals. oakland has a projected budget surplus. the battle is over where to put the money. council president would add

today at the richmond high school gang rape trial. 20-year-old peter marcelus, and 22-year-old jose montanol. today, a police officer said he found the victim under a picnic table and she was almost naked. he said he wasn't even sure if she was alive until she let out a moan. the teen had been raped repeatedly at a homecoming dance in 2009. the father started screaming and shaking a fence when he learned that it was his daughter who had been raped. >>> new at 10:00, a surgeon rattlesnake activity around the bay area, it's creating more and more close encounters between snakes and people and pets. there is help for people who spot rattlesnakes. >> reporter: julie, you don't have to be on a park trial if you have a guarden, or grass or a root pile and you reach out here without checking first, you might end up with a nasty bite. >> these are just some of the rattlers collected over the last few days. many of these poisonous snakes were found in people's yards. >> we're getting a lot of calls. people guardenning. people walking their dogs. >> reporter: this afternoon, we followed the snake hun

today at the richmond high school gang rape trial. 20-year-old peter marcelus, and 22-year-old jose montanoay, a police officer said he found the victim under a picnic table and she was almost naked. he said he wasn't even sure if she was alive until she let out a moan. the teen had been raped repeatedly at a homecoming dance in 2009. the father started screaming and shaking a fence when he learned that it was his daughter who had been raped. >>> new at 10:00, a surgeon rattlesnake activity around the bay area, it's creating more and more close encounters between snakes and people and pets. there is help for people who spot rattlesnakes. >> reporter: julie, you don't have to be on a park trial if you have a guarden, or grass or a root pile and you reach out here without checking first, you might end up with a nasty bite. >> these are just some of the rattlers collected over the last few days. many of these poisonous snakes were found in people's yards. >> we're getting a lot of calls. people guardenning. people walking their dogs. >> reporter: this afternoon, we followed the snake hunters a

jose montano and peter in their early 20s were teen when is they were arrested for raping a 16-year-old girl in 2009 after a dance on a richmond high school campus. another man is sentenced. the no one-year-old morales will spend the next 27 years in prison for his role in that attack. >>> san jose firefighters were busy with two grass fires this weekend and that is showing a brush fire yesterday. and no buildings were threatened. and there was another fire that burned four acres in san jose. >>> and one of richmond's largest apartment complex, the tenants are upset the management is changing the lease terms. >> right in the middle of the lease. the complex is cutting the number of free parking spots from 2-1 and they have to pay to keep a second vehicle on the property. the management property, they say, shouldn't be allowed to change the terms of the lease when it ends. the city council is getting involved. >> and this affects the tenants and richmond's reputation. i don't think we should sit by and for tenants thinking of getting -- moving to richmond to be walked over by the landlor

. >> if convicted 22-year-old jose montano and 20-year-old peter mar sal he is could be sentenced to life in prison. more evidence is expected tomorrow. the victim could possibly take the stand sometime next week. >>> a 19-year-old is hospitalized after a street racing crash. new at 5:30, what officials found at the scene that shows speed may not have been the only factor. >>> we are going to have to go into the street. >> sounding off on immigration reform. why one woman is not satisfied with the president's plan. >>> coming up what you can expect for tomorrow and just how long this will last. Ñáçwçñ have a good night. here you go. you, too. i'm going to dream about that steak. i'm going to dream about that tiramisu. what a night, huh? but, um, can the test drive be over now? head back to the dealership? oh, yeah. [ male announcer ] it's practically yours. [ wife ] sorry. [ male announcer ] but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a passat. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposi

they are 20-year-old marcelas peter and 22-year-old jose montano. father described finding his daughter right afterward. she had vomit in her hair and the father said she had a footprint on the side of her face. she is expected to take the witness stand later on this week. >>> it's something that hasn't happened in more than 60 years. some city workers in oakland say they are ready to vote on a strike. jana katsuyama tells us the city has a surplus and union workers say they want their share. >> reporter: dwight rated his voice today in -- an oakland city worker for 26 years. he says union workers deserve some money after no cost of living raises. >> in 2008 when the city found itself in dire straits they came to the flows for concessions. >> reporter: the seiu remits about 2500 city employees in park maintenance, public works, street, libraries and police civilian staff. the 21 union includes engineers and other professionals. oakland has a projected budget surplus. the battle is over where to put the money. council president would add police civil

what that means is that whether 22-year-old jose montano and 20-year-old marcelles peter go on trial, they will be hearing different stories in the beginning. both juries will hear much of the same testimony about what happened that night. prosecutors say the girl, who was drunk and going in and out of consciousness, was beaten and raped by a group of men and teenagers. while at least 20 people watched this attack go on for quite some time in a courtyard of richmond high school after a school dance. the defendants are accused of the same crime but at certain times, evidence will only be admission i belie admissible to one of them. the bulk of the testimony will be heard together, including the victims. >> she literally has to relive the events of that night. you don't want to make her do that twice. it is bad enough to have her do it once. >>> now, the last dual jury trial in contra costa county was in 2010. that involved a violent street gang. this rape case is really complex, which is why it has taken so long to come to trial. four other defendants, two reached plea deals. two other

opening statements are scheduled to start today and a jury trial of 22 year-old richmond resident jose montanollus peter of banal. they are among a group of six men and teenagers are originally charged with attacking the heavily intoxicated grow, will the tories say would beaten, robbed and sexually abused over 2 hours was many as 20 other people watched. denny'y's red rewhite & blue plate specials are as aasmericarin as apple p. especialcily, th, e apple pie french toast. come in itoday dafor specials starting at just $4.99. onlyon at det nny's. when yenour allergies start, doctors recommend takingng one onnon-drowsy claritin evey day during your allergy season for cor ntinuous relief.f. 18 day ds! 12 d12ays!s! 24 d24ays of continuous relie. live claritin clear. everevy day. omoannnd chipotle is totesnew chitrending.cken club is craze amaze. spspicicy crispy chicken, hicky smoked b bon,on memeltlting cheese, and smoky chipotle sauce plus fries anand d a drink for $4.99? tht combo is chipot-cray. anand d chipotle is my hashtag faveflave. lelet t me guess-you're the nw social media intern.nt ye

tomorrow they open the case against the co-defendant jose montano tomorrow. >> there are two separate juries in this trial. why is that? >> reporter: i have never seen it before. it's very curious. we understand it's because there are two defendants in this case. and they have separate representation. in some cases, statements that were ruled inadmissible in one case are admissible in another. so when those statements coming up, one jury will leave the room and the other jury will hear it. when statements are good for both of them, then both juries are in the room. it's an unusual situation but i'm sure it will be efficient. >> it's complicated. thank you, don. >>> new at 6:00, a judge today sentenced this man to life in prison for murdering a google job applicant three years ago. 26-year-old george huggins says he did not pull the trigger. but his girlfriend told police they shot and killed the 45- year-old man in oakland after they robbed him. kang flew to the bay area from virginia for a job interview at google. he was in oakland for an emergency dental appointment. huggins' girlfr

he described in detail how jose montano and marcelles peter sexually assaulted the victim in 2009. the 16-year-old girl was beaten and raped repeatedly. morales was sentenced to a 2 7- year prison term. others face life in prison. >>> a traffic warning in san francisco. you won't be able to drive on part of market street tonight through sunday. crews will be repaving the curb lanes on both sides of market between 4th and fremont streets. all traffic will be detoured off market. the cross streets and sidewalks will stay open. >>> well, a few hours, thousands of people will head out for a three-day walk to raise money for breast cancer research. but it will be the last time they will do so here in the bay area. kpix 5 reporter sue kwon joins us live from the starting line in corte madera with more on the walk's final run. >> reporter: the commuters this morning in the san francisco area are going to see a sea of pink. this is the last three-day walk in the bay area at least. the susan g. komen three-day walk is canceled. about half of the races around the country. this one will go 20

when 22-year-old josexd montano and 20-year-old marcelles peter go on trial tomorrow, two separate jurorst legal analyst dean johnson says both juries will sit together in thee1 courtroom and hear much of the same testimony. >> to use two juries, extremely unusual. i only know of a handful of eccaq it's actually been e1 done. >> reporter: in this case the defendants are accused of the same crime, but johnson says at times certain evidence will be  admissible against only one of 1 them. >> one defendant says yes, defendant two and i both did this together. that statement is admissible against the first defendant but notfá admissible against the second defendant because the second defendant has no opportunity to cross-examine that statement. >> reporter: prosecutors say thd 16-year-old girl who was drunk and going in and out of consciousnesuu(j beaten and repeatedly raped by a group of men and teenagers. at least 20 people watched the attack in an outdoor courtyard on the campus of richmond high school after a school dance in octob5rd of 2009. the victim is expected to testify. and johnson