. >> i'm steven mcdonald i represent the appellant george. >> okay. so that's your position we'll hear from the gentleman. >> is that the gentleman's attorney so we'll hear from mr. johnson. >> good evening, commissioners foster johnson for at&t at&t didn't have any objection to hearing this appeal this evening or continuing to a later date, however, i have a request when i'll explain one of the issues that was raised on the briefing the only evidence that the gentleman offered in jurisdiction request is hearsay the government codes specifically says the administrative bodies can't basis their evidence on hearsay it appears that is what the board did my request give the board to give a reason other than the record why the board thinks the rule didn't appeal or at&t is incorrect about the law i ask this because this case that will be appealed and it's only fair to the trial judge which the reasons why you think you can take this decision and it's important that the judge know that it's also a requirement from the california supreme court that our findi

. >> reporter: nbc bay area legal analyst steven clark says in his opinion the mcdonald situation could call into question the loyalty of officers. he says the police officer is never truly off duty, and in this case the officers inserted himself into a case now under review by the district attorney's office. >> that officer will have certain observations about the parties. were there any injuries at that time, were the parties arguing or drinking so his observations are certainly going to be highly relevant to this investigation as to whether charges are filed. >> reporter: now both the police department and the d.a.'s office say they will not comment on investigation until a decision is made on whether charges will be filed. the police department says any policy changes will be made public after they are laid out for the the rank and file and employers. live in san jose, honda, nbc bay area news. >> a rowdy fight on levi stadium has now gone viral. it happened at the 49ers game yesterday. it shows a 49er fan punch another 49er several times in the men's rest ram. that man fell to the

we have a statement now from canadian prime minister steven harper that comes to us directly from jason mcdonald, the director of communications for the office of the prime minister. and this is what steven harper is saying publicly. again, he was evacuated and is in a safe location. earlier there was an attack at the national war memorial on parliament hill. our thoughts and prayers are with the families of those who were attacked the prime minister is safe and being briefed by security officials. details will follow. >> the ctv, which is one of cnn's news gathering partners, is reporting, of course, that all of the prime minister's events for the day have been canceled, which i think would be obvious in a circumstance like this. constable soucy, the bridges close to parliament hill are effectively closed. what else, in that vain, is happening to try to at least close off what is happening and not allow it to expand any further outside this downtown core where parliament hill is located? >> well, every available office engaged on this incident, we're trying to keep the perimeter closed and allo

. >> reporter: nbc bay area legal analyst steven clark said his opinion the mcdonald situation could call into question the loyalty of officers, saying a police officer is never truly offduty and in this case the officer inserted himself in a case now under review by the district attorney's office. >> that officer will have observations, any injuries at that time, were the parties arguing, were they drinking? so his observations are certainly going to be highly relevant to this investigation as to whether charges are filed. >> reporter: robert handa, nbc bay area news. >> at this point, the district attorney's office and police department say they will not discuss the investigation until after a decision is made on whether there will be charges filed. the police department says it will make any policy changes public after it plays out the rank and file, after it lays out the policy for the rank and file and employers, as well. >>> speaking of the san jose police department, the force may be getting a financial boost from the city. the city has $17,000 in extra funds and today council

. >> reporter: mcdonald's teammates were at the party, reportedly have told investigators they saw nothing. but attorney steven clark said if the case is charged, they will be called to testify even if they didn't see any actual abuse. all of the 49ers that were at the party could be highly important witnesses at trial. because they can testify what led up to the allegation, and if there was nothing that led up to it, that's important for ray mcdonald. but if there was arguing between the parties, that could also be highly important. police did not say if they even made a recommendation one way or the other. and there's no telling when the d.a. will make his decision. vic lee, abc 7 news. >>> reports of sexual assault on university california campuses are on the rise. but the increase doesn't mean there are more attacks. it means more victims are actually speaking up. last year there were 199 reports of forcible sex offenses on uc campuses. that is up from 133 in 2012. earlier this year, uc revamped the sexual violence and harassment policy and that strengthened the reporting requirements. >>> a small band of