an attorney for ramirez insists his client was not

i just got off the phone with ramirez's attorney.says they are under a gag order so he cannot confirm whether ramirez will take a lie detecter test this afternoon but we do believe it will take place. he had no comment, however, on a police report out of nevada that says ramirez is a suspect in yet another attempted murder. hoping to prove his innocence, the prime suspect in the near fatal beats of giants fan bryan stow may take a lie detector test this afternoon, one day after his attorneys say they turned over cell phone records and a list of alibi witnesses to the d.a.'s office. they say their client, giovanni ramirez, is innocent. now we have obtained a police report from henderson, nevada, which identifies a man named giovanny ramirez as one of two suspects in a shooting. while giovanni ramirez is spelled differently, possibly a clerical error, the birth date and description match up. in the police report, ramirez was seen wearing a black hoodie type jacket and a blue l.a. dodgers baseball cap. according to our source, the shoot

ramirez to the beating. defense launched a very public and very aggressive campaign to prove ramirez's innocence. to begin with, they say surveillance video from a hotel and gas station showed that ramirez had a full head of hair, though the suspect is a man with a shaved head. the defense says that the gun found doesn't belong to ramirez. >> the state has to show that giovanni ramirez had knowledge that there was a gun in the household, which he did not. >> the state can show that it's just possible that it happened the way the police think it did. the parole board's going to sustain the parole violation. >> reporter: now, typically prosecutors have to rush to pull together their case against ramirez, because is suspect must be arraigned within days of his arrest. but ramirez's case is different. lapd is holding him for violation of his parole. if found guilty he could have one more year in jail. if found not guilty, he could be a free man. but then the los angeles police department can rearrest him and off

ramirez has been on parole since 2005.n ramirez was arrested in may in connection to the stow beating, police found a gun at his home which is a violation of his parole. and that's what he is being held for. not the stow case. but ramirez's attorneys say lapd has a weak case. to begin with, they say surveillance video from a hotel and gas station the day after the attack shows ramirez with a full head of hair. while the description of the suspect is that of a man with a shaved head. it is also the testimony of ramirez 10-year-old daughter which puts him at his house the night of the attack. and as for the gun that they found, well, the defense says it didn't belong to ramirez. still, they say it is unlikely that ramirez will be released today. >> when you're dealing with this type of hearing, there is a very slim chance that one can succeed. we're not in a court of law. we're before a parole board. and in essence, they need a wis p of wrongdoing and that is pretty much enough to send someone back. >> if found guilty, lapd

but ramirez's case is different. he was arrested in may in connection with the stow beating. that day, police found a gun in the house during the arrest, which is a violation of ramirez's parole, what he is being held for, not the stow beating case. the defense says lapd has a weak case. to begin with, they say there's surveillance video that shows giovanni ramirez with a full head of hair. so the suspect description is that of a man with a shaved head. they also maintain that the gun they found didn't belong to ramirez. >> the state has to show that giovani ramirez had knowledge that there was a gun in the household, which he did not. >> the state can show that it's just possible that it happened the way the police think it did. the parole board is going to sustain the parole board violation. >> reporter: later today, ramirez goes before the parole board. if found guilty, lapd can hold him for another year. if found innocent of his parole violation, he can be set free. but lapd can then rearrest him and then formall

ramirez goes before a 35 role hearing. the state doesn't have to show a lot of evidence to keep him in jail. if convicted, ramirez could be in jail for another year. meanwhile he still remains in stable condition with severe head injuries. frank? >> all right, gunter, live at san francisco, hunter, thanks. >>> the family of michelle lea says volunteer searches will resume next weekend. searchers over the past three days turned up nothing. her relatives believe she is still alive, though police are calling her disappearance a case of homicide. . the student vap i should weeks ago. her father says he is still hopeful. >> the family says they will continue to search for as long as necessary. >>> row the park police have extra patrols in the area where a woman was attacked over the weekend. the victim was running friday afternoon on the five creek path when a man with a box cutter grabbed her. he tried to cut her face, but he was blocked on her arm. the man a white male, 30 years old, sand 6, 2, with a lean build, and has a ro

ramirez previously took another polygraph in his cell last night.an you tell us without giving away the store how did he do? >> that would be giving away the store. >> reporter: meanwhile we are learning ramirez may be connected to a shooting in nevada. a los angeles sister station kcbs-tv uncovered a police report from henderson, nevada, 20 miles southeast of vegas. in the report, officers identify a shooting suspect as giovanny ramirez with a y this time possibly a clerical error. the report says ramirez went to this home in henderson wearing a black hoodie and blue dodgers ball cap. he and another man flashed a badge pretended to be police officers and lured a man out of the home according to the report. ramirez opened fire shooting the man several times according to the report. that suspect, ramirez in nevada, has the same birth date and physical description as the one in custody in los angeles. according to the henderson police report, the shooting was in retaliation for the death of ramirez's own daughter. klas tv in las vegas says this man wa

to take action rather than see ramirez set free on the unrelated charge. court observers said several witnesses are scheduled to testify at the hearing, including some who do not speak english and will need a spanish translator. police says ramirez violated parole because they found gun in a laundry basket where he was arrested. he's the primary suspect in the attack at dodger stadium that put giants fan bryan stow in a coma. if a judge rules that parole violation did not take place, ramirez will be released and likery rearrested on charges related to the beating and formally charged in 48 hours. an attorney for ramirez insists his client was not involved in the attack. and says a photo released this weekend shows ramirez with dark hair at the time, which looks different than the police sketch and booking photo. it comes on the heels of an emotional father's day for stow's children who say they usually spend father's day at a giants game. >> it feels weird not having him by my side. >> i spent a lot of time with him. it's different not going with him every

lawyers for giovanni ramirez say they have witnesses who can prove that ramirez was not at dodger stadium when stow was attack. meanwhile, ramirez may be linked to a shooting outside of las vegas. there is a police report from henderson, nevada, about a man with a similar name and the same birth date and description as ramirez, who is accused of attempted murder in a shooting this past january. >>> and more bad news for some families in san bruno trying to rebuild after that massive pipeline explosion. the contractor hired to do all the work may go belly up. out of business. elizabeth wenger joins us now from san bruno to explain what happened. good morning, elizabeth. >> reporter: good morning. terrible news for some of these homeowners. there are boarded up homes all over this san bruno neighborhood. some of these families were hoping to move in by this summer but just got some news last week that they didn't want to hear. five families got an email last week from a contractor, vanderbilt construction, saying the company was shutting down until early june. then management would consider

to take action rather than see ramirez set free on the unrelated charge.ourt observers said several witnesses are scheduled to testify at the hearing, including some who do not speak english and will need a spanish translator. police says ramirez violated parole because they found gun in a laundry basket where he was arrested. he's the primary suspect in the attack at dodger stadium that put giants fan bryan stow in a coma. if a judge rules that parole violation did not take place, ramirez will be released and likery rearrested on charges related to the beating and formally charged in 48 hours. an attorney for ramirez insists his client was not involved in the attack. and says a photo released this weekend shows ramirez with dark hair at the time, which looks different than the police sketch and booking photo. it comes on the heels of an emotional father's day for stow's children who say they usually spend father's day at a giants game. >> it feels weird not having him by my side. >> i spent a lot of time with him. it's different not going with him every w

which identifies a man named ramirez as one of two suspects in the shooting. while he is spelled differently, possibly a clerical error, his birth date and suspect description match. according to our source, it was a premeditated shooting with suspect giovanny ramirez trying to retaliate for the 2005 death of his daughter. the death that the child's uncle admits going to prison for. the report says on january 19 of this year, the suspect named ramirez and another man went to this home in henderson, claiming to be police officers with badges. according to the police report, the man identified as being ramirez was wearing a black hoody type jacket with a blue la dodgers baseball cap. we asked lapd chief about other police jurisdictions, possibly looking at ramirez. >> sound like a complicated case, but ramirez has a complicated life. >> it wouldn't be false to say that he has problems out of state that you're aware of? >> it would not be. >> this new information comes on the heels of a scheduled lie detector test. his family and defense attorney insists he is be

revenge for the death of ramirez's daughter. >> complicated case and this ramirez has a complicated >> reporter: ramirez's attorneys are only focusing on the brian stow case. >> nobody wants to ever really wants to prosecute somebody that's wrongfully charged on this case because it means someone is out there smiling, we are trying to wipe that smile off their face. >> reporter: brian stow remains in critical condition at the hospital. doctors are slowly lowering his seizure medication. >>> a family on business in east bay is raising money to help a family of brian stow. between day and the 14th they will donate 25% of it's gross proceeds for stow's recovery. the manager said it's important for everybody to keep stow in their hearts. >> it's something that should never have happened and you know still hearing about him and how he is recovering and hearing that he isn't progressing as fast as they hoped just hits home with people and i think that its something that it shouldn't really be forgotten. >> the store has seen an increase in business. many customers say they are coming in b

will ramirez be charged here for the dodger attack? >> i would be shocked if they filed it. >> again, that was patrick healy reporting from los angeles. >>> let's turn your attention now to the mysterious disappearance of nursing student michelle lay. tonight authorities are focussing on her cell phone records. the 26-year-old disappeared friday night while on a break from rounds at kaiser hayward, but her cell phone was used on saturday, and cops are now pinpointing the location where the phone was activated. police have also issued search warrants and interviewed between 15 to 20 relatives and acquaintances. one person was brought in for questioning, but that person was released. there is, by the way, a $20,000 reward being offered for information leading to her safe return. >>> while pg&e says it cannot turnover documents relating to welds until december 31st of 2012, even though those documents are due now in june. in the meantime, some of the victims in the san bruno gas explosion are being victimized again. this time it's by a co

ramirez previously took another polygraph in his cell last night. can you tell us without giving away the store how did he do? >> that would be giving away the store. >> reporter: meanwhile we are learning ramirez may be connected to a shooting in nevada. a los angeles sister station kcbs-tv uncovered a police report from henderson, nevada, 20 miles southeast of vegas. in the report, officers identify a shooting suspect as giovanny ramirez with a y this time possibly a clerical error. the report says ramirez went to this home in henderson wearing a black hoodie and blue dodgers ball cap. he and another man flashed a badge pretended to be police officers and lured a man out of the home according to the report. ramirez opened fire shooting the man several times according to the report. that suspect, ramirez in nevada, has the same birth date and physical description as the one in custody in los angeles. according to the henderson police report, the shooting was in retaliation for the death of ramirez's own daughter. klas tv in las vegas says this man

proves one thing: ramirez was not at dodgers stadium. >> what i will say is it was not ramirez within that police department that the camera had, i didn't see ramirez. >> reporter: our legal analyst. >> as a prosecutor, one of the first things that i would have done would be to try to investigate or speak to the people that were involved. >> reporter: that's where the grainy video gets murky because it's unclear who shot it and how long tmz had the video in its possession. does it suggest that stow was agitated or does it show a taunting dodger fan going after anyone in black and orange? >> a tape can be misleading to either side. >> reporter: henderson says inside the stadium does not matter. this case hinges on what happened in the parking lot. >> as long as it doesn't show the actual incident occurring, it only opens the door to speculation. >> los angeles police will only say they've seen the video and the investigation continues. bryan's sister sent a text message saying she watched the video and it was heart-breaking to watch and see the shocked and scared look on his face. >> i

exonerate ramirez, i think is a bit much.too much, and i'm not going to say it. >> reporter: what ramirez's attorney does say is the video proves one thing: ramirez was not at dodger stadium march 31st. >> what i will say is that it was not ramirez within that police department that the camera had. i didn't see ramirez. >> reporter: our legal analyst. >> as a prosecutor, one of the first things that i would have done would be to try to investigate or speak to the people who were involved. >> reporter: that's where the grainy video gets murky, because it's unclear who shot it and how long tmz had the video in its possession. does it suggest that stow was agitated or does it show a taunting dodger fan going after anyone in black and orange? henderson says inside the stadium does snot matter. this case hinges on what happened in the parking lot. >> as long as it doesn't show the actual incident occurring, it only opens the door to speculation. >> tonight, los angeles police will only say they've seen the video and the investigat

they say ramirez has an ironclad alibi. the daughter has sold reports so.ll along police declined to reveal what evidence they have other than ramirez's look-alike experience b experience. >> we have some significant, significant pieces to it that lead me to believe we do indeed have the right individual. >> reporter: is it possible police want to pressure ramirez to give up information on someone else? >> if they're trying to do them they're doing it by remote control because they never ask him to give anything up. >> reporter: when we went to lapd for an the on the record comment, lapd said specifically that the shirt is not ramirez's, but declined to disclose who it is. suspect number two is described as wearing a black t-shirt so he was not wear gt bloody jersey at the time of the attack. >>> prmgss are under way for monday's release of former b.a.r.t. police officer mehserle. today organizers for the coalition for justice for oscar grant announce they'll hold a demonstration sunday afternoon where grant was shot and killed by mehserle. he was sentenced

we asked charlie beck about other police jurisdictions, possibly looking at ramirez. >> this ramirez has a complicated life, so we are trying to resolve those issues. >> it would not be false? >> this new information comes on the heels of a scheduled lie detector test. his family and defense attorney insist he's being wrongly accused for the dodgers stadium beating on opening day and have demanded he take the test to prove his innocence. >>> all right, incredible weather we're having. june is tomorrow. >> i know. >> doesn't look like it outside, roberta. >> we had seven rainy days in the month of may of 2011. the record is eight established back in 1990. over a 30 year period, so it was the second most rain fall in the month of may over the last 30 years. right now diminishing showers. we saw a record amount of rain at oakland airport. the skies are drying up, but we have more rain coming. san rafael didn't report any rain today. a stream, santa rosa at .2. and less than a tenth of an inch across the east bay. the other side of the story happens to be unseasonally cool temperatures.

. >>> giovanni ramirez suspect in giovanni ramirez suspect in the?áy.f f4 next to las vegas.nderson police think ramirez could be responsible for a gang-related shooting earlier this year. ramirez insists he was not a part of stow's it was[p detecto it. his lawyers watched via closed circuit television and as minute straightened their own test on tuesday. they had hinted that he pass t al officialxtápe job al officialxtápe job very complimentary that f been said, i don't know what the results of f been said, i don't know what the results of exam are but i know what my exam was yesterday. >> the officialdw hi ramirez's tests are not tod 9 luce ,lf murdering =h highway0 will betoday. tookÑ]& highway near herck luce last year. all four men are suspected gang members, police say and they ornin yéerdepartment,e artists like lauryn hill. thejob.: attend a preliminary hg this morning. >>> also this morning, a budget negotiation breakdown between

they say ramirez has an iron-clad alibi, he was with his daughter at his aunt's home. meanwhile, l.a. police chief beck, has expressed confidence in the arrest as the investigation attempts to tie in evidence. >> we have some significant -- significant pieces to it that lead me to believe that we do indeed have the right individual. >> reporter: is it possible police want to pressure ramirez to give up information on someone else? >> if they're trying to squeeze him they're doing it by remote control because they've never come to us or him and ask him to give anything up. >> reporter: nbc went to the los angeles police department to get an on-camera comment about that bloody jersey. they said emphatically that it did not belong to ramirez, but they would not say who the jersey belonged to. reporting live in san francisco, i'm cheryl hurd other nbc bay area news. >>> they came from all over the bay and they came from hundreds of miles away, all to honor two heroes killed in the line of duty. >> nothing is so strong as gentleness and nothing is so gentle as real strength

now, the lawyers of ramirez also policed this video. they believe that it proves his innocence releasing-- releasing this video. four weeks before the incident. the attorney towels kron 4 that the attorney-tells kron 4 that the maid attacker was bald. however, the video surveillance shows that ramirez has hair. also the neck to get to. there will help prove that ramirez with that nec ted the tattoo on the neck, his attorneys have said dozens of people can confirm his alibi. that he was not of the giants /dodgers came when brian stow was beaten. >> meanwhile, a giants fan, brian stow remains at a san francisco general hospital. he was transferred after several weeks of care at a los angeles hospital. he is still in critical condition but stable. >>pam: the family michelle le have mixed emotions of last week's mass of the search efforts. 450 volunteers standing over the east bay, including niles canyon in a rural area. any signs. hayward police were called but they cannot believe that anything was found was a significant. >> i would like

chief beck says follow up work needs to be done but is confident that ramirez will be charged. >> we go where the case takes us and we will follow every lead and interview every person until we come to a conclusion. >> reporter: we talked to attorney steven clark by phone tonight. he's been following the brian stow case. when charlie beck said if it leads to conviction or exoneration, clark believes the lapd wants to convey the message they're keeping an open mind rather than focusing on one suspect. >> thank you, george. >>> san jose, which not long ago proclaimed itself as the safest big city in the nation is getting help to tackle its gang problem. two federal gang expert also be embedded in san jose's gang task force as part of aamgr ro called operation community shield. >> we did that as a public safety measure. we have the funding and unfortunately now we don't have that funding. we really have no choice. >> that sound bite you just heard was not related to this story. the two gang experts come at no cost to the san jose police department. operation community shield launched in

to file charges on ramirez? >> well, we certainly would have to, yes. >> reporter: but for now, that's not the case from. downtown l.a., dave lopez, cbs 5. >>> bay area officers accused of corruption now it looks like the feds are take over the investigation. joe vazquez is in martinez with what this means. >> reporter: up until now, the california department of justice has been investigating this case along with the district attorney's office at contra costa county. that's going to be changing. >>> reporter: police commander norman wielsch and others out on bail could soon be re- arrested as cbs 5 has learned the federal government will be taking over the investigation into police corruption in contra costa county. the u.s. attorneys office based in san francisco has no comment. but we have learned the fbi will be in charge of this investigation starting tomorrow. the contra costa county district attorney's office has scheduled a 2:00 news conference for tomorrow afternoon. >> the district attorney's office won

ramirez's daughter also says she spent that whole day with her dad. ramirez remains in jail on a parole violation. >>> the reward to find a missing nursing student is growing. it's been 10 days since michelle le left class at a hayward hospital. no one has seen or heard from her since. police found her suv a half mile from the medical center. the reward rose to $65,000 today after contributions from her school and her employer. hayward police identified several persons of interest but did not arrest anyone yet. they are working with the fbi. >>> in san francisco, fire investigators returned to the scene of a hours fire that killed two city firefighters last week. they are still not saying what they think started the flames. linda yee reports family members who lived in the home say they know what happened. linda. >> reporter: they do have their suspicions. but first, i want you to take a look at that bus behind me. just a few minutes ago, a busload of firefighters from around the country just arrived to pay their respects to the firefighters of statio

the lapd maintains ramirez is still their suspect. chief charlie beck says they have more evidence than just eyewitnesses. he confirmed ramirez took a lie detector test but wouldn't discuss the results. chief beck says charges will be filed in the near future. >> my job is not to prepare a case for media. my job is not to prepare a case to present on the steps here at the police building. my job is to present a case and prepare a case for use in court. >> reporter: bryan stow remains in a coma as you know in san francisco where he was moved after that beating at dodger stadium on opening day. the sharing scheduled this morning at 8:30. cameras are not allowed in the courtroom. but we are hoping to talk to attorneys as soon as it's over. live in downtown l.a., kirk hawkins, cbs 5. >> thank you. >>> we are waiting on the release of a new jobs report this morning. the grim outlook experts are predicting. >> and south bay drivers save up. the city raising its prices to park downtown and why it could be a big blow to business there, as wel

len ramirez on why the layoff danger for some officers not completely over tonight. len. >>> reporter: that's right. there is some relief here at san jose pd tonight but no one is really jumping for joy because this contract agreement does mean that officers will be having to give up 10% of their pay for at least one year, possibly longer, although the bottom line is as you mentioned, jobs will be saved. >>> reporter: one cop has worn a badge for four years. >> i love being a cop. >> reporter: this could have been her last year with san jose pd. she was on the layoff list, one of 156 officers whose jobs were in jeopardy but now have been saved by a tentative contract agreement between the police union and the city. >> i can kind of take a breath and not have to worry so much. but there's always that lingering kind of stress back there. >> reporter: there's been a lot of stress to go around. 122 officers whose jobs were previously cut will not be reinstated. the agreement just keeps the situation from going from bad to worse. >> we worked all the way up to approximate

. >>> dave lopez on a court appearance today by giovanni ramirez. >>> reporter: giovanni ramirez face today with charges in his parole violation probable cause hearing this morning. one being a suspects of the beating of bryan stow on opening day and two a felon in possession of a firearm. the fire allegation stuck. the connection to the stow beating did not. >> the commissioner agreed with my argument that there wasn't probable cause to hold giovanni ramirez on that charge. and so they dismissed it. >> reporter: ramirez's parole officer provided to the commissioner hearing this case very little information about the stow beating. >> listen, the only thing that was presented was allegations that stow was attacked by some male hispanic. that's it! >> we will have a full hearing in which evidence will be presented. the witnesses will be heard. >> reporter: chief charlie beck again reiterating that at the proper time the evidence that his detectives have against ramirez linking him to the stow beating will be revealed at the proper time and not before. and today according to several law

the lapd maintains ramirez is still their suspect. chief charlie beck says they have more evidence than just eyewitnesses. he confirmed ramirez took a lie detector test but wouldn't discuss the results. chief beck says charges will be filed in the near future. >> my job is not to prepare a case for the media. my job is not to prepare a case to present on the steps here at the police building. my job is to present a case and prepare a case for use in court. >> reporter: and as you know, bryan stow remains in a coma in san francisco where he was moved after the beating at dodger stadium on opening day. back out here live, the hearing is scheduled to begin at 8:30. again later this morning, cameras are not allowed inside the courtroom. but we have already spoken with attorneys and they are planning to speak with us after it's all over. live in downtown l.a., kirk hawkins, cbs 5. >> kirk hawkins live in l.a., thanks. >>> it is 6:13. no need to raise your hand. the new proposal that would allow bay area students to just walk out of class.

-- giovanni ramirez. he's in custody of suspicious of a patrol violation. if the judge rules he is not in violation he will be set free because he has not been formerly charged with the bryan stockist. it. >> bryan stow remanes in a coma if stow's children. they folk for the first time onofre saying it disease temperature tough. >>> proposed library cuts in oakland are triggering a unique protest this morning. jade hernandez is joining us live outside of city hall. >> reporter: a read in has already started right here. 14 hours for 14 libraries. activists wanting to save 14 libraries right here in the city of oakland plan to hold a read in all day today. now there was a demonstration on friday. oakland police arrested 16 people when protestors blocked the streets. bay of reach is not the only group. today's read in is being sponsored. another coalition of concern city residence urging supporters to do what they can. they are holding today's read in and amy martin joins us this morning. amy thank you for j

they claim the video shows ramirez with long hair.o the attack says the suspects had shaved heads. >>> house minority leader nancy pelosi calling for an ethics committee investigation now into anthony weiner. the new york congressman admitted yesterday he sent lewd photos of himself to women on the internet. pelosi says the investigation will determine if any government resources were used or any house rules violated. weiner, who does not plan to resign, said he will cooperate with the investigation. >>> there will not be a state ethics investigation involving former governor schwarzenegger's affair with a housekeeper. a state fair political practices commission turned down a request from a los angeles democrat for the probe. the fppc says the democrats did not provide enough information to warrant a probe into whether schwarzenegger violated rules about campaign finances. >>> president obama's chief economic advisor is calling it quits. the white house announcing that dr. austin goolsbee is leaving the administration to return to tea

. >> por una pistola en su casa cuando se hizo el cateo , pero ramírez , negando que era de el . >> endetector de mentiras . >> se concluyo que no mentia la mujer . >> se negó la salida a ramírez y lo mando a la cárcel por 10 meses . >> no creo que tiene evidencia para la decisión , la persona tiene que tener evidencia pero la pistola . >> pero en el caso a bryan no se dice nada la policía no tiene la evidencia para armar un caso . >> la disicion le da 10 meses para encontrar lo que no encuentran aún . >> los abogados de ramírez muestran fotos que no estaba en el lugar . >> hacemos una pausa . >> le contaremos porque los padres deben tener cuidado con al comida que le dan a los hijos - . >> un estudio revela que aumenta el número de niños a las alergias . >> esto por reacciones del cuerpo a la comida . >> te sale acá . >> a los 9 años parece no tener alergias pero a los 3 meses era lo contrario . >> tenía erupciones en la piel . >> tenía una enfermedad provocada por la comida . >> evitar5 el jugo de naranja , el huevo . >> no tienes más . >> el huevo y la leche son uno de los alimentos

the day ramirez went before a lineup last wednesday, his attorneys made an agreement with authorities not to disclose results nor to publicly discuss any arrangements for a polygraph, the so-called lie detector test, they earlier said ramirez had requested. they have not said if they have hired a polygraph examiner but did say this of ramirez. >> he has not gotten cold feet. >> reporter: could a polygraph show innocence. we turned to a leading expert in the polygraph field, for seven years head of the fbi's polygraph unit. his firm now performs polygraphs at the request of defense attorneys. >> we know that when a person decides consciously to tell a lie about something important, their physiology changes for a few precious seconds and then they pop right back to where they were so there's no way -- >> reporter: he has not examined ramirez but says from experience it is a rare arrested suspect who passes. >> four out of five people that i polygraph fail. >> reporter: in public remarks since the arrest a week ago sunday, the l.a. police chief has insisted ramirez remains the primary su

they said emphatically that it did not belong to ramirez. but they would not comment on who the jersey belongs to. in san francisco, sheryl herd, nbc news bay area news. >> and this is "today" in the bay, still to co ttle a massive blaze still. plus a recall for apple ipad 2 users, who's affected and what the problem is. >>> it is 7:11, live at the ek bark der row there. it will be a nice day, we know you have yard work leftover from last weekend, which was too rainy, right? we also have a recall this morning to tell you about, it is the apple ipad 2, the silicon valley giant is recalling what they say is an extremely small number of second generation i pass to correct a manufacturing flaw which prevents some users from connecting to the verizon wireless network. the recall involves certain i pass that were manufactured with duplicates of the unique number known as the mobile equipment identifier. apple says they will replace the affected tablets and if you have one, you will get a new one. redents in the south day could get more than just f

ramirez. technically this parole hearing had nothing to do with the beating, focusing on the day police arrested him at the east hood apartment where ramirez stayed with friends and police found a gun. authorities couldn't prove it was ramirez's gun but said he had access to it because he spent enough time there for it to be considered his residence. the decision, return ramirez to prison for ten months, minus a month credit for time served. >> there is an appeals process. the fight isn't over. >> reporter: attorneys have been fighting the parole violation and asserting ramirez could not have been the stadium attacker because his head wasn't shaived at the time and because family and friends will testify he didn't go to the game. >> the defense is not changing the game plan. we are out there in the streets every day, coming up with new leads, new witnesses and different forms of evidence to exonerate him. >> the police department's investigation is continuing. >> reporter: andrew smith announc

ramirez' parole attorney says they will appeal. now, ramirez has not been charged with stowe's beating. his attorney says his client wasn't anywhere near dodger stadium the day stowe was attacked. the attorney also claims 11 family members and friends of ramirez have provided an alibi for him. brian stowe remains in critical but stable condition in san francisco. >>> invenergy will -- pg and e will pay $26 million in fines as a result of a deadly gas explosion near sacramento in 2008. the blast claimed the life of a 72-year-old man in rancho cordova. pg and e admitted it violated safety laws in connection with the explosion. the violations include installing a pipe with thinner walls than allowed for gas lines and failing to test the pressure adequately. the fine still requires final approval from the commissioner of the cpuc. >>> thousands of caltrans workers are heading back to work this morning. yesterday they held a a statewide safety standdown. they put all california highway maintenance projects on hold for the day and that w

ramirez hit the ball. tagged out. ball hit home plate. foul ball. then he kicks the mask of cubs catcher s o t o. he's laughing about the whole thing. great show. ejected what it house lose to the cubs 6-3. out of here. win or go home for the cal baseball team and bears start freshman pitcher porter tomorrow against texas a&m. lost the opener in the college world series and fell to virginia 4-1. no ramp for error. bears who fought through budget cut and must win game to get to omaha not ready to go home yet. >> i think our team is is not here to participate. we made it clear if you are just happy to be here then you will be going home fairly soon and they are here to win ball games and i think they weren't to show well and give themselves the best chance to win. >>reporter: game at 11:00 a.m. on espn tomorrow if people want to catch it. >> that's this edition of 7 news "nightline"next for larry and thanks for watching we appreciate your time and hope and thanks for watching we appreciate your time and hope to see you tomorrow. good ♪ [ male announce

pd offer any evidence that would link ramirez to the stow beating. as for the defense team, how do they view today's outcome. >> i never get emotional. he is a client of mine and i'm doing what i can to get him out of jail. >> reporter: dave lopez, cbs5. >>> ar sensor investigators are looking into the cause of an apartment fire in sunnyvale that sent one person to the hospital. that fire broke out before 2:00 this morning at the casa caliente apartment complex off fair oaks avenue. when firefighters got there they found one of those apartment units fully engulfed in flames, the fire then quickly spread to several other units. it took firefighters from four agencies more than two hours to finally knock it down. one man says he didn't have time to grab anything. >> just woke me up, dead asleep, walked out and saw the whole unit engulfed in flames and it was pretty petrified just to see the flames that big and how much heat it was if giving off. >> as i said one person taken to the hospital, no word on his condition. another man received first aid trea

they later arrested ramirez a parolee, but if you look at this, it looks nothing like ramirez. it does support the nan in the ban data jersey is not ramirez and there are no dodgers players named banda. it may be the fan's name is banda which could help him find him more quickly for questioning. brian's sister says she sent a text to cbs within the hour saying she watched the video and "it was heartbreaking to watch and see the shocked and scared look on his face." she says she hopes people will see the atmosphere brian was in and it was clear he didn't want any problems. bottom line here, we see some video, it was apparently hours before the actual beating. it could be one fan was harassing him there, after the game someone else may have beaten him. >> is the video clear he was defending himself from somebody kind of making some jabs at him? >> only a few seconds clip, you see him with his hands up in sort of a defensive position saying come on, all right, it's just a game. we don't know what was said before the clip started and a lot of the audio there is in spanish and it ju

. >> reporter: giovanni ramirez could be set free tomorrow if a parole officer says a gun found wasn't his. the weapon had been hiding inside a laundry hamper duringtay rest of the suspect for the beating of brian stow at dodger stadium on opening day. >> the state has to show that giovanni ramirez knew there was a gun in the household, which he did not. >> he was arrested during the raid. >> there are going to be witnesses that say giovanni ramirez doesn't live there. >> but the parole revocation hearing isn't a trial, which means lapd detectives won't have to prove very much to keep him locked up for parole violation not related to the beating case. >> if the state can show that it's just possible that it happened the way the police think it did, the parole board is going to sustain the parole violation. >> if ramirez is found in violation of the terms of his parole, he could be sentenced up to a year in state prison. that would allow the lapd to continue to line up their case against them without showing its car by handing over their files to the district attorney's office. >> the p

police, they later arrested giovani ramirez a parolee. it looks nothing like ramirez. the man in this jersey is definitely not ramirez. >> reporter: now, if he was being loud about the dodgers movement, then there are multiple possible suspects here. and people in the stands who heard that, you know, they could have been angry. now, was it the suspect? maybe. could it have been someone else? maybe. >> reporter: ramirez's lawyer agrees. >> you could sit here and say that this would exonerate ramirez, i think that it is a bit much. a little too much. i'm not going to say anything. >> reporter: what i will say is that it was not giovani ramirez. it's in that parameter that the camera had. i didn't see ramirez there. >> reporter: in fact, we have been wondering all day that there are no dodgers players, although we have an update to the story that is just in a few minutes ago, tmz posted this photo of the man reported to be in the video. they are on the right-hand side. and he is posing in his photo with a dodger's player. tmz reports his friends saw the video on tv, and t

ramirez is the lead suspect in the case.ans there could be other suspects to consider. >> the implication is that if bryan stow was being wowed about his disdain for the dodgers, that there are multiple possible suspects here. >> a tape like this can be misleading to either side. >> as long as it doesn't show the actual incident occurring, it only opens the door speculation. >> reporter: giovanni ramirez is currently serving a 10-month jail sentence for violating parole. he is the lead suspect in this case and he was arrested in may in connection with the beating. lapd has gone through hundreds of pieces of video and surveillance video, as well. this latest video is just one more piece of evidence that they have to build their case. reporting live in san francisco, anser hassan, cbs 5. >>> thank you. 6:35 now. >>> we could have a new budget today. the state legislature is voting on a new proposal. governor brown announced the plan just yesterday with democratic leaders and they say that it will close a $9.6 billion deficit w

ramirez was actually in possession of the firearm. >> the commissioner's dismissed a second charge ramirez violated par yeel because of the assault on stow. prosecutors decided against presenting a case on that charge so it was dismissed in today's hearing. vic lee abc 7 news. >> if commissioners found he didn't violate parole he would have been set free? what would have happened in lapd case? >> they're not finished with their investigation. police would have to rearrest him on charges related to the beating and have to charge ramirez with that beating within 48 hours or set him free. >> they have time now because of today's actions. is the case in jeopardy? or not? it's odd. prosecutors have yet to charge him with vault and he was on a parole hold. they can continue building and the his lawyers say they have a lot of people including his 10-year-old daughter says he was elsewhere on that day. >> thank you very much. appreciate it. >> the supreme court blocked a potentially massive sex discrimination lawsuit against walmart ruling kit not proceed as a class action involving up to 1.6 mill

also, the lawyers of a ramirez show that the picture shows ramirez has hair.n attacker was called for the beating of brian stowe. also difficult to say but the neck tattoo is were added after the incident. where brian stow was beaten but he did not get any new tattoo is to cover up old the tattoos. his attorney says that dozens of people can turconfirm his alibi. i am grant lotus, kron 4 news. >> meanwhile, a giants fan remains at san francisco general where he was transferred after he was treated for several weeks at a los angeles hospital. >> 94 degrees in walnut creek earlier. while there was a lot of the '90s are run the bay jacqueline is here to tell us what jacqueline-around the bay. even 80s! >>jacqueline: even upper 80s. antioch, and in napa. temperatures in the upper 80s, for portions of the north bay. fairfield, concord, and '80s in san jose. the only place we're seeing relatively cooler conditions in half moon bay. overnight temperatures are going to be quite mild. the futurecast is showing upper 60s, low 70's tomorrow morning. will warm up very qui

the video is not of giovanni ramirez. that's the man in los angeles police custody, the one they have arrested in connection with the beating. ramirez claims that he was not even at the stadium that day. right now stow remains in a coma at san francisco general hospital. we'll have more on that video coming up. >>> also new this morning union city police are investigating a shooting that left one man in critical condition. it happened at the same house where another person was killed just last month. the shooting happened last night at 8:30 on whipple road when police arrived they found a 22-year-old man with multiple gunshot wounds. police say they only have a vague description of the suspect. they are now investigating any connections between this shooting and last month's homicide at the same house. >>> all right. we have an update on our breaking news we've been following all morning in florida. that florida motel has been completely destroyed by fire. we have been watching the flames this morning. there are some of t

ramirez was arrested in may. and police called him the main aggressor in the march attack against stow. ramirez's attorney maintains his client's innocence saying ramirez was not at the stadium the day stow was kick and beaten. san francisco general is the only trauma center in san francisco. it's internationally recognized and specializes in traumatic brain and spinal cord injury. the doctor while optimistic says there is a need to exercise level expectations. >> he is able to intermittently open and close your eyes in response to saying can you close your eyes, open your eyes? that suggests we have circuits reconnecting. there is some level of function. how that is going to predict his long-term outcome is a promising sign, but again, i think the theme of today is to level expectations that does not mean a full recovery. >> stow's family released a statement thanking everyone for their concern, prayers and support and asking everyone to maintain their privacy. for more information about the suspects that invest

---como prueba de su inocencia, ramirez tom una prueba con un polgrafo.unque las pruebas oficiales an no han concludo, los abogados de ramirez han dejado entrever que su defendido paso las pruebas del detector de mentiras. ---la policia de los angeles, todavia anda en busca de otros 2 sospechosos en el caso de bryan stow stop open cu --estudiantes de una preparatoria hispana en san jos se unieron en protesta esta maÑana y se salieron de sus clases. --tanto alumnos como padres de familia se quejan de que varios de sus maestros favoritos fueron despedidos y que la administracin se niega a darles explicaciones sobre las finanzas del plantel. --jaime peluffo tiene el informe.. take pkg take pkg nats.. fue ms de un centenar de estudiantes los que a manera de protesta y frustracin, abandonaron sus salones de clase en el 'latino college preparatory academy,' una escuela tipo 'charter' ubicada justo detrs, pero que opera de forma independiente de la universidad hispana..

this is giovanni ramirez with hair.ttorneys say this is how he looked when the attack happened. he was not bald like he was when he was arrested. as a bald man, he resembled this sketch of the suspect that police have. police do believe ramirez is the man who beat bryan stow. they have not charged him with the attack. he is being held on a parole violation. police say they found a gun in his home when they went to arrest him for the beating. so today, there will be a hearing on whether he violated his parole. he is a convicted felon. as a felon, he is not allowed to have a gun. if the judge determines that he did not violate his parole, he will be released from jail. live in san francisco, amy hollyfield, abc7 news. >> okay. we'll be updating that hearing. thank you very much, amy. >>> final check of weather and traffic. mike? >> talk about the temperatures. 57 in -- 75 in antioch. low to mid-50s for most of us. 49. micro climate, even in the morning hours we have 26-degree spread. that will be as impressive in the afte