all coming up with phil matier. when we come back. so stay right there. >>> a new accident on city streets in oakland. it's a car versus pedestrian. we get to that. first a live look at traffic near the dublin interchange. westbound and eastbound 580 starting to get busy but your drive time is not bad 20 minutes from the altamont pass to the dublin interchange. so let's get right to the maps update you on this accident just reported about 15 minutes ago. and chp sounds like just arrived on scene. car versus pedestrian is all we know at this point. but again, likely injuries that was at 98th and east. city streets in oakland, as you can see it is east of the nimitz freeway. 98th and edes. travel 880 through oakland, so far everything is good. nice and quiet in all lanes towards downtown. and it looks great heading southbound as well all the way down into hayward. so far no delay to traffic all the way towards highway 92. at 6:36 this morning they just turned the metering lights on at the bay bridge so we may see a few more brake lights

phil matier with the latest details. phil. >> reporter: it also includes neighbors of the mirkarimis and all are expected to testify about the events around new year's eve that wound up with misdemeanor domestic violence charges being filed against san francisco's new sheriff. it also adds fuel to the fire and the question of, can he survive? here's the story. >> if he steps aside he never will get back in. his career will be over. >> reporter: that was the cold assessment by former san francisco police commissioner peter keane on why embattled sheriff ross mirkarimi is refusing to take a leave of absence until his trial for misdemeanor domestic violence is over. >> his wife is going to say it didn't happen. he's going to say it didn't happen. he has a good lawyer. so it's going to be a horse race. >> reporter: political relations consultant sam singer also notes another reason for not stepping aside. >> he can't afford it politically or financially. >> reporter: as for him being forced out? >> he won't be thrown out beca

phil matier and mayor willie brown, you guys are the best. thanks so much. >>> 6:52.ve a student attacked at san jose state university. we'll have the latest on that story. >> plus a brazen killing that marks berkeley's first homicide of 2012. we'll go inside the crime scene with a live report when we come back. university. right now officers are at s.. they're looki >>> we're following a developing story at san jose state university. right now officers are at the campus dorms. they are looking for a man that they say entered a room and groped a female student. this happened around 3:30 this morning on the third floor of the joe west dorms. police have sent out e-mails, text and tweets warning students in the dorms that they need to lock their doors. >>> berkeley police are trying to catch a killer. anne makovec just got inside the apartment where the shooting took place. >> reporter: first let me set the scene here. i'm on emerson street in berkeley and that's a barbershop across the street. that is where the victim's friend says that he worked and that last night ar

. >>> a source for our political insider phil matier says san francisco sheriff ross mirkarimi is likely to be charged today with misdemeanor domestic violence. our exclusive poll finds that if mirkarimi is charged with a crimes, 46% say he should resign, 17% say he should remain in office. there was a rally at city hall for him to step down because he allegedly roughed up his wife. a neighbor took pictures of a bruise on her arm and called police. lopez had talked with neighbors about having an argument on new year's eve. >> ross mirkarimi should step aside. >> they love each other, they are deeply worried about this because it doesn't reflect their relationship. >> lopez spent a few minutes standing behind the speaker before going into city hall. you see her there on the right. spot shadowed. a spokesman says she was there to visit her husband. >>> 5:05. a lot of nervous city workers in oakland this morning. pink slips will start going out wednesday to morning 200 workers because of a 30 million- dollar cut back in funds used to pay their salaries. employees with seniority could be tra

as phil matier reports, the split comes as we're getting a look at the witness list in his domestic abuse trial. >> reporter: this list is revealing. not only is his wife on it, a big question about whether she will testify, but also a former girlfriend who says she had a similar run-in. we hopele cole -- while the court of law is waiting for him, the court of public opinion is weighing n can he survive? here's the answers. >> if he steps aside he never will get back in. his career will be over. >> reporter: that was the cold assessment by former san francisco police commissioner peter keane on why embattled sheriff ross mirkarimi is refusing to take a leave of absence until his trial for misdemeanor domestic violence is over. >> his wife is going to say it didn't happen. he's going to say it didn't happen. he has a good lawyer. so it's going to be a horse race. >> reporter: political relations consultant sam singer also notes another reason for not stepping aside. >> he can't afford it politically or financially. >> reporter: as for him being forced out? >> he won't be thrown out because

. >> phil matier, does he have the votes to get this thing done? >> reporter: interesting question. he actually has to get two sets of votes. he has to get the legislator to approve it and as we have already heard from darrell steinberg, democrats are hesitant at cutting a billion and a half from the crippled, the blind, disabled and children. >> sure. >> reporter: so there's going to be resistance there. i don't think he gets that out of the gate. the second challenge is to sell voters on that tax hike. as he said this time, if he doesn't get that, then those trigger cuts will come in. so the governor has a fight at the legislature and then a campaign with voters and the odd thing is or the catch-22 is without the cuts, i think it's a harder sell for the voters. >> you know, i know it's a very serious issue not to make light of this but it's almost as if the governor is telling voters, is he stand there is with the axe right over the schools, and the education budget. if you don't pass this, here it comes. wham. down it comes. >> reporter: some people would say that's a cynical pol

cbs 5 political insider phil matier and former mayor willie brown are already going at it.uys, good morning. >> hey, good morning, frank. all right. governor jerry brown up in sacramento lays out an incredibly ambitious plan with no money. he wants high-speed rail. he wants to redo the delta. he wants to make california the golden state again and is broke. what's going on? >> i think jerry brown is doing what he should do. he is looking out obviously for his legacy. you have to do projects, phil. if you are an executive you have to do projects. and you don't worry about the money. no different from what i did when i started as mayor. >> well, how does that work? he is out there trying to tell people we have to raise taxes because we're cutting schools for education, talking about $100 billion railway system -- >> at one time in this state we were the leaders in education publicly financed education. that's how i got my education. jerry brown is going to take us back to those glory days. and while he doesn't have the answer of how he can afford it at the moment, he'll get th

phil matier on the proposals that could be unpopular with taxpayers but one that could get an a-plusrom the kids. >> putting it as simply as i can, california is on the mend. >> reporter: that was governor jerry brown's assessment of california and his prescription for getting it whole again? >> cuts and taxes neither popular but both need to be done. >> reporter: the cuts will likely be the social safety net programs something even his fellow democrats are resisting. >> most of these programs are already cut to the bone. >> the details inside the budget is what we have to debate. >> reporter: as usual, the republicans are dead set against any tax hikes. >> it was ironic, he praised veteran hour capitalists the 1%, the very people he wants to taxes and drive out of the state.

he said california can recover, but phil matier reports that will be of painful healing process. >> california is on the mend. >> that was the governor's prescription for california, cuts in temporary taxes. the cuts will likely be the social safety net program, something even his fellow democrats are resisting. >> i think the details and listen to what the budget is what we have to debate. >> as usual the republicans are dead set against any tax hike. >> praised venture capitalists. >> none of this for the state's $13 billion deficits in to face the governor. >> the year 2012 presents plenty of opportunity and if we work together we can stimulate jobs, build renewable energy, reduce pollution and greenhouse gases, launched the nation's only high-speed rail system, asked the delta, improve our schools, reform our tensions and make sure the real name is working. >> he made another push for high-speed rail despite it's million-dollar price tag. >> those who believe california is in decline will shrink back from such an undertaking. i understand that feeling that i don't share it. >> the governor

and he spoke with cbs5 phil matier. >> reporter: how do you feel about being the mayor for the next 48 to 72 hours? >> i i trust in the city. >> and he is not saying much. >> you know, they are serious allegations. i'm going to reframe from making any charges. if the sheriff is charged and found guilty, he could be removed from office. >>> they have apologized for shoplifting. the assemblywoman pleaded no contest to walking out of a san francisco neiman marcus store in october with clothing that was not paid for. she blames a number of personal factors, including a benign brain tumor. she says she is being treated for it. calling the incident, "a painful experience" saying that she is taking full responsibility for her actions. >>> before you reach for this, you want to check the label. the drug maker say you might be getting something else in that bottle. recalling dozens, or rather lots of bottles, as well as packages. the company says that the pills may have also been mixed up with a powerful prescription painkiller. >> you need to definitely be concerned about the side effects if t

cbs 5 political insider phil matier and former mayor willie brown on that and much more.y join us. good morning. >> good morning. actually, gascon was last night. the mayor's ceremony is sunday. and guess who is emcee of both. >> well, as a matter of fact, george's what kind of a floating arrangement on the emcee. i had diane. >> dianne feinstein. she had three minutes. >> newsom had three minutes. 20 minutes later diane got called. >> so newsom was his usual self. >> no, shorter. >> and saved he was going to be shorter than he normally would be. but he was good. >> but gascon is the first latino district attorney. we have our first asian mayor coming in. it's quite a shift here in san francisco. >> quite a shift and in gascon's place, it's even more diverse than that. he was also the first police chief to become district attorney. that is a very unusual step. ordinarily you don't ever have that kind of a relationship between the prosecutor and the person who arrests people. >> what do you think the next step is? >> i think last night -- that production, phil, was a stair

good morning, i'm phil matier. >> we have a lot to talk about. some of the hot new gadgets that were unveiled this week as the consumer electron -- at the consumers electronic call. >> plus, wide juvenile justice system, why they are turning it back to the county. but first. >> fire crews are investigating a huge house fire. in san francisco tribute that happened overnight. one person injured. it started just before 4:00 this morning at 48 second avenue in balboa street. as you can see from the video, large flames were shooting out of the second story window and then flames on both sides of the building, which took them about two fires to contain the fire. firefighters say one person was taken to the hospital with some injuries. we understand everyone was able to evacuate. no word yet on the cause. >>> more than 100 people took part in a march against police downtown oakland overnight. they moved through the city streets as officers stood by and watched. looking at some video that protesters posted online and also a posting on facebook, talking a

cbs 5 political insider phil matier is in sacramento now gathering that reaction. >> thank you. >> governor brown is getting on a plane to push this agenda. >> reporter: he is going to be pushing it for months. he is headed now to southern california to begin the campaign. >> reporter: the wife of san francisco sheriff ross mirkarimi is blasting the media for its coverage of the domestic violence case. she tells a venezuelan website says his legal problems are the equivalent of a political attack. [ non-english language ] >> in the spanish language interview with the online site she says she doesn't have any complaints against her husband. mirkarimi is facing three misdemeanor charges. new court documents show he may have been worried about losing his 2-year-old son in a potential custody battle. he is free on bail now but is working. he is under orders to stay away from his wife and son for this week. mirkarimi is scheduled to be arraigned tomorrow afternoon. >>> oakland police department receiving some tough new criticism from the feds over its failure to implement mandated reforms. a new

phil matier on what happened and why the investigation continues even though ross mirkarimi's wife is not cooperating. >>> reporter: >> it is my hope that we will have a decision made soon, hopefully before the end of this week. >> reporter: that was san francisco district attorney george gascon commenting on reports that his office is about to charge the city's newly sworn-in sheriff ross mirkarimi with misdemeanor domestic violence. >> our task is obviously to assess, number one, if a crime occurred; number two, what type of crime occurred; and then thirdly, can we prove it beyond a reasonable doubt? that's the process we're going through right now. >> reporter: at issue, a new year's day argument between mirkarimi and his wife a south american soap opera star. the argument supposedly end offed with a bruised warm that was later photographed by a -- bruised arm that was later photographed by a neighbor who also has text messages from her about the incident. >> first of all, this was not reported to the police by mr. mirkarimi's wife. we all know that. it was reported by the neighbor

mirkarimi is likely to be charge today with misdemeanor domestic violence according to our insider phil matier. most san franciscans think he should resign, 46%. 34% say he should take a leave of absence. only 17% say he should remain in office if he is charged. >>> dozens of anti-domestic violence advocates rallied at city hall calling for mirkarimi to step down over the allegations that he roughed up his wife. lopez talked about the alleged argument with the neighbor. the neighbor took pictures and called police. >> ross mirkarimi should step aside until the investigation is completed. >> they love each other and care about each other very much and they are very deeply worried about this because it does not reflect their relationship. >> lopez spent a few minutes standing behind the speakers before going into city hall. a spokesman says she was there to visit her husband. >>> 4:36. hundreds of oakland city workers are on notice. they could be out of a job by next week. pink slips will start going out on wednesday to more than 200 workers. this is because of a $30 million cut back in state re

phil matier on the proposals that could be unpopular with taxpayers and one that could get an a-plus from their kids. >> putting it as simply as i can, california is on the mend. >> reporter: that was governor jerry brown's assessment of california and his prescription for getting it whole again? >> cuts and taxes neither popular but both need to be done. >> reporter: the cuts will likely be the social safety net programs something even his fellow democrats are resisting. >> most of these programs are already cut to the bone. >> the details inside the budget is what we have to debate. >> reporter: as usual, the republicans are dead set against any tax hikes. >> it was ironic, he praised veteran hour capitalists the 1%, the very people he wants to taxes and drive out of the state. >> reporter: none of this or the state's $13 billion deficit seemed to faze the governor. >> the year 2012 presents plenty of opportunity and if we work together we can stimulate jobs, build renewable energy, reduce pollution and greenhouse gases, launch the nation's only high-speed rail system, reach agreem

phil matier tells us the plan puts the initial focus squarely on the bay area. >> reporter: it seemedood idea at the time. a high-speed rail line from san francisco to los angeles. but so far the only thing moving fast is the price tag more than doubled to about $100 billion since approved by the voters four years ago. it's a jaw dropper. >> the costs are going up and big projects are hard. >> reporter: one of the biggest sticking points is washington insisting that for california to get federal help the first phase has to be 130 miles stretch of track between fresno and bakersfield which is called the train to nowh

it's 8:59, i'm phil matier. >> and i'm anne makovec. we're glad you're joining us today. we have a lot to talk in the next half hour. including the new sheriff in san francisco and of course, that comes with some controversy. >> that's right. we also have a new district attorney. so we're going to sit down with sean ellsburg and talk about the challenges right out the gate. >> politically, a lot of the talk over the last 24 hours, republicans running for president. they have been very busy debating. >> that's right. taken part in actually two in the last five hours? >> yeah. >> mitt romney trying to stay above the fray in both of those. concentrating his attacks on president obama. meanwhile, rick santorum went on his background trying to discount them. >> the ceo, has to lead. people who spend their life in washington don't understand what happens out of the real economy. >> now, romney has been having a comfortable lead in new hampshire so far, with about 20 points and that's pretty comfortable in tuesday's primary. the others are fighting for second place and looking a

phil matier shows us how the city is gearing up for had sunday's nfc championship game against the new york giants. phil. >> reporter: dana, town still buzzing? trust me, the buzzing has just begun! here's the story. >>> reporter: boom, not only are the 49ers in sunday's nfc championship game against new york; they're hosting it, as well. and the town has got the fever to prove it. >> oh, my gosh! ha ha! i'm already trying to figure out my bet with mayor bloomberg. >> reporter: and what is it? >> i know he's got a private jet. so maybe if we win, a ride on his jet to a golf course of my desire in exchange for a ride on muni. [ laughter ] >> reporter: one concern, of course, is the condition of the old candlestick, which proved to be a national embarrassment a couple of weeks back when the light went out on the old stadium in the middle of a critical game. >> we're going to obviously recheck everything and everything there is working already. so we have no doubts it will be a fine game. >> reporter: today clerks at sports stores were busy just trying to keep 9er gear on the racks, and t

as phil matier shows us, those "occupiers" feel more empowered than ever. >> reporter: that's right. they show no signs of letting up. here's the story. >>> reporter: "occupy," for many it's a social movement but in oakland it's also become synonymous with protests, vandalism, tear gas and arrests and according to an "occupy" representative -- >> numbers. >> reporter: --they can take to the streets and take over the streets at will. >> we didn't know that we have enough numbers to where any police force would have to fall back. >> reporter: what number is that? how many demonstrators do you need for that? >> i would say 80 to 100. >> reporter: so when you get 500 -- >> you can do whatever you like. 1,000 people, we trump the police force and any other force they can call in. >> reporter: "occupy" says its message is one of social change and presents a menu of issues including -- >> basic housing needs for the general public to education to food with monsanto and different organizations they have dedicated to actually dehumanization of society. >> reporter: and if that includes some d

. >>> joining me now is phil matier. certainly there has to be if not some fallout yet from this from city hall there has to be blowback. >> reporter: there is a lot of examination going on. i asked george gascon if he could continue to work with the sheriff. he said yes, he thought he could continue to work with the department. that there were professionals over there and in fact it's ross who is relatively new to the job that he could continue to work so there is one, we don't have a crisis as if people can't work with each other. but we have a public relations and political crisis one of mayor lee's first to face in san francisco. like many of these, it's very unique because, this was a domestic violence case where the wife wound up in the hospital or something like that or we had several incidents, but the wife stood next to the husband and said we are going to fight this. mayor lee could suspend him or wait until tuesday. >> that begs the question some are asking, should the sheriff resign? >> we did a poll at cbs 5

phil matier with that and why the biggest roadblock in the investigation may not stop him from filing charges. >> it is my hope that we will have a decision made soon, hopefully before the end of this week. >> reporter: that was san francisco district attorney george gascon commenting on reports that his office is about to charge the city's newly sworn-in sheriff ross mirkarimi with misdemeanor domestic violence. >> our task is obviously to assess, number one, if a crime occurred; number two, what type of crime occurred; and then thirdly, can we prove it beyond a reasonable doubt? that's the process we're going through right now. >> reporter: at issue, a new year's day argument between mirkarimi and his wife a south american soap opera star. the argument supposedly ended with a bruised arm later photographed by a neighbor who also has text messages from the neighbor about the incident. mirkarimi was quick to respond. >> first of all, this was not reported to the police by mr. mirkarimi's wife. we all know that. it was reported by the neighbor. mrs. mirkarimi never wanted it to go to t