a judge will hold a hearing to release dana stubblefield.llate court overturned the 2020 rape conviction of stubblefield in 2020. stubblefield was sentenced to 15 years to life in prison after being convicted of raping a woman who was interviewing for a babysitting job at his morgan hill home. a california appellate court determined stubblefield did not get a fair trial, and prosecutors violated the racial justice act. the santa cruz wharf will partially reopen tomorrow, far earlier than originally thought. this comes after a section collapsed into the ocean last week during a strong storm. 17 businesses have been closed since then. originally, the city said it could take weeks, if not months to partially reopen the wharf, but city leaders announced they plan to reopen it tomorrow. the portion of the wharf affected by the collapse will remain closed. now to a live look at capitol hill, where today several house and senate lawmakers will be sworn in. that includes south bay congressman sam liccardo, who was the former mayor of san jose. also,

here is one of stubblefield's attorneys after this morning's hearing. it was important to note that the judge was very sympathetic about our situation. we talked to him for quite a while at the bench, and he recognizes that under law, he should be returned to the status that he had prior to this false conviction, which means that at some point he, you know, he's going to be free no matter what the district attorney decides to do to move forward. he's going to be entitled to be released. he was an absolute model person during this trial. the judge actually complimented him on his behavior at all times. there's no reason he shouldn't be released, especially in light of the ruling. i mean, the ruling is historic. it's historic for thisounty, but it's a historic for california. stubblefield's attorneys say their first priority is to get their client released. then they say they plan to go to the judge and ask that the case be dismissed entirely and not retried by the district attorney's office. they say there might be an issue of double jeopardy, which woul

here is one of stubblefield's attorneys after this morning's hearing.ympathetic about our situation. we talked to him for quite a while at the bench, and he recognizes that under law, he should be returned to the status that he had prior to this false conviction. stubblefield's attorneys say their first priority is to get their client released. then they say they plan to go to t judge and ask that the case be dismissed entirely and not retried by the district attorney's office. they say there might be an issue of double jeopardy. jeopardy! which would disallow a refiling of this case here in san jose. outside the hall of justice, bob redell today in the bay. fire crews are trying to figure out why an antioch gas station went up in flames just before four yesterday afternoon. that was the scene. a fire tearing through andy's auto repair and star gas mart at lone tree way and worrell road. our sky ranger spotted significant damage afterward. fortunately, firefighters put out the fire before it ignited the fuel pumps. the gas station owner told us he suspe

stubblefield said the interaction was a paid, consensual transaction. the appellate court ruling last week that the prosecution violated the racial justice act by saying in its closing argument that it didn't search stubblefield's home for a gun over concerns that it would open up a, quote, storm of controversy amid civil unrest at the time over the police killing of george floyd. >> can't hold a trial that has the fundamentals of due process, the fundamentals of fairness, the fundamentals of the constitution, and keep referring to somebody as a big black man. >> the racial justice act went into effect in 2021, just a year after his conviction. this makes it illegal to convict someone on the basis of race, ethnicity or national origin. stubblefield's attorneys are expected to be back in court here at 9:00 this morning, and they are expected to motion to have their client released. live in san jose. lena howland, abc seven news. >> all right, lena, thank you. even with winter here, we need more snow in the coming months. that's the word from state water

stubblefield's attorneys say their first priority is to get stubblefield released. then they plan to ask the judge to dismiss the case. well, the streets of san francisco be safer in 2025. well, the city certainly hopes so. 2024 was one of the deadliest years in the city, with 41 traffic deaths. sfmta points to two key factors bigger cars and unsafe speeds. speed caused a quarter of traffic deaths last year. this year, san francisco leaders are taking action to improve safety. sfmta will install speed cameras at 33 locations, and it is proposing lower speed limits on 11 city streets in coming. san francisco mayor daniel lowery reaffirmed his commitment to street safety, saying, quote, i am building a team rooted in accountability, service and change to tackle the city's historic challenges. that includes addressing street safety to reduce traffic fatalities and ensure we can all move safely throughout this incredible city. well, law and order and the chicago series are popular nbc franchises created by none other than dick wolf. well, next week, wolf entertainment w

stubblefield's race without any legal justification. >> stubblefield has now been moved from corcoran state prison to elmwood correctional facility back in santa clara county. still, the question in court friday was whether or not the santa clara county courthouse, where the trial was held, has jurisdiction to grant stubblefield's release. the next move could come from the appellate court, when it formally sends the case back to the trial court. >> at that point, the process and the case number will be assigned again to this court. so what the judge questioned was whether he can do anything before that point. >> it's up to the santa clara county da to decide if they want to retry stubblefield. in a statement, the office said, as we study this opinion to determine our next steps, we remain steadfast that stubblefield remains in custody. experts say the overturning of the conviction because of the racial justice act is historic. >> this case will resonate in prosecutors offices throughout the state when they look at issues involving race and how best to address that to a jury in santa c

stubblefield said the interaction was a paid, consensual transaction. the appellate court ruling last week that the prosecution violated, excuse me, violated the racial justice act by saying in its closing argument that it didn't search stubblefield's home for a gun over concerns that it would open up a, quote, storm of controversy amid civil unrest at the time over the police killing of george floyd can't hold a trial that has the fundamentals of due process, the fundamentals of fairness, the fundamentals of the constitution, and keep referring to somebody as a big black man. the racial justice act went into effect in 2021, just a year after his conviction. this makes it illegal to convict someone on the basis of race, ethnicity or national origin. stubblefield's attorneys are expected to be back in court here at 9:00 this morning, motioning for their client to be released. live in san jose. lena howland, abc seven news. >> all right, lena, thank you. now, even with winter here, we need more snow in the coming months. that's the word from state water m

stubblefield's race without any legal justification. >> stubblefield has now been moved from corcoran state prison to elmwood correctional facility back in santa clara county. still, the question in court friday was whether or not the santa clara county courthouse, where the trial was held, has jurisdiction to grant stubblefield's release. the next move could come from the appellate court when it formally sends the case back to the trial court. >> at that point, the process and the case number will be assigned again to this court. so what the judge questioned was whether he can do anything before that point. >> it's up to the santa clara county da to decide if they want to retry stubblefield. in a statement, the office said, as we study this opinion to determine our next steps, we remain steadfast that stubblefield remains in custody. experts say the overturning of the conviction because of the racial justice act is historic. >> this case will resonate in prosecutors offices throughout the state when they look at issues involving race and how best to address that to a jury in santa cl

x 49ers dana stubblefield set to face a judge today for a release hearing.son he could be let out. this is today in the bay. good friday morning to you. thanks for joining us. i'm laura garcia. and i'm scott mcgrew in for marcus washington. let's start with a look at the forecast. cinthia pimentel has a look at your weekend. well, it's already starting to rain. right the lens right there through our san rafael camera. that's where that line of showers is pushing on. first, we haven't gotten rain all week, so just be careful. if you are driving along 101, it extends up there through parts of novato, petaluma, santa rosa and out towards the coast. just starting to rain a little bit ago and through parts of san francisco, south city and over on into oakland. we will see those showers pushing on through the rest of the bay area, but it won't be a lot of rain. how much are we talking about? less than an inch for everybody higher up there in the north bay. the sierra also looking at some heavy snow at times. i'll guide you through the weekend outlook coming up in

stubblefield's attorney says their first priority is to get stubblefield released. they plan to ask the judge to dismiss that case. all right. former mayor of san jose sam liccardo, is now officially a congressman. i'm fired up. absolutely. this is an extraordinary opportunity to serve the country i love and serve a community i love. so i am looking forward to it. i know we've got very daunting challenges ahead, but to paraphrase teddy roosevelt, we should never discount either those challenges or our capacity to overcome them. today marks the beginning of the 119th term of united states congress. new members, including liccardo, were sworn in on capitol hill. liccardo defeated fellow democrat and state assembly member evan lowe to take former congresswoman xiao's seat. the new congressman will cover parts of the santa clara and san mateo counties, and he says he aims to focus on issues like homelessness, crime and the cost of living. congresswoman barbara lee also officially passed the baton to her successor, lateefah simon. simon, also sworn in today on capitol hi

a state appellate court tossed out stubblefield's 22. excuse me, 2020 rape conviction last week, the court ruled that santa clara county prosecutors violated the california racial justice act when they said stubblefield's race was a factor in the decision by law enforcement officers to not search his house. >> it's a procedural issue. this has no reflection on the merits of what's left. i mean, the appellate court was loud and clear and said there is no valid conviction, and we believe there is. there was more errors in this trial than us professionally we've ever seen. >> stubblefield is now scheduled to appear in court january 17th. we're learning new information about a deadly plane crash in southern california. coming up actions the pilot made shortlyhe before the incident. >> plus, she's hitting that exact 50 over 50% cap mortality rate that we see a whale coming off the coast of washington state making headlines once again, several years after she was spotted carrying her calf's corpse. >> and the highest ranking california senator

stubblefield's attorneys were in court in santa clara county today. they're asking for his release after his 2020 rape conviction was overturned. as we reported to you last week, an appeals court found that a statement prosecutors made referencing stubblefield's race violated an anti-discrimination law. the defense team has also long maintained the judge blocked important evidence. there are some technical issues and some technical areas of law. this is an unusual case. the judge in this case allowed that the jury did not hear the truth. today's hearing was delayed because of some jurisdictional issues. stubblefield's release will be considered again now in two weeks time. the santa clara county da could also still decide to retry the case. we'll have to wait and see. right now, we'll move to the latest from new orleans. president biden and the first lady will travel to new orleans on monday to meet with grieving families. and that community so devastated by the new year's day terror attack. the fbi has revealed a new, detailed timeline of that attack

stubblefield has served three years of a 15 year to life sentence. and our final advance are two oakland fire stations are going to be closing on monday because of the city's budget cuts. that's according to the firefighters union. they are stations 25, which is located on butters drive, and 28, which is on grass valley road. station ten is already closed for remodeling and will not reopen. firefighters plan to hold a news conference on monday morning at city hall, as city council is scheduled to hold a meeting about all of this. the union plans to demand the stations reopen because of the impact the closures could have on public safety. well, apple has agreed to pay $95 million to settle a lawsuit accusing the company of using its virtual assistant, siri, to eavesdrop on users. the proposed settlement would resolve a five year old lawsuit. apple is accused of activating siri to record conversations through iphones and other devices for more than a decade. some of the recorded conversations were then allegedly shared with advertisers. now, if the set

stubblefield has served three years of a 15 year to life sentence. and our final advance are two oakland fire stations are going to be closing on monday because of the city's budget cuts. that's according to the firefighters union. they are stations 25, which is located on butters drive, and 28, which is on grass valley road. station ten is already closed for remodeling and will not reopen. firefighters plan to hold a news conference on monday morning at city hall, as city council is scheduled to hold a meeting about all of this. the union plans to demand the stations reopen because of the impact the closures could have on public safety. well, apple has agreed to pay $95 million to settle a lawsuit accusing the company of using its virtual assistant, siri, to eavesdrop on users. the proposed settlement would resolve a five year old lawsuit. apple is accused of activating siri to record conversations through iphones and other devices for more than a decade. some of the recorded conversations were then allegedly shared with advertisers. now, if the set

stubblefield's conviction was overturned after an appellate court determined the prosecution violated the racial justice act in that case. that act, which makes it illegal to convict someone on the basis of race, ethnicity, and national origin, went into effect a year after stubblefield's conviction. well, we got a bit of a wet start to the day, but we are seeing some sunshine this afternoon. abc seven meteorologist drew tuma has your weekend forecast. >> we are looking at rough surf developing later on this evening. a high surf advisory will begin at 9 p.m. today, where we could see breakers through sunday morning exceeding 18ft. that is dangerous swimming and surfing conditions, and that means we could see some minor beach erosion as well. currently have a winter storm warning in effect for the sierra. this until 10 p.m. tonight. above 5500ft, probably 8 to 12in of snow. our highest peaks could see 16in of snow, along with gusts of 50mph. that could create some tough traveling throughout the evening. here's a look at the snow forecast. you can see lake level through tonight. probabl

stubblefield's attorneys were in court in santa clara county today. they're asking for his release after his 2020 rape conviction was overturned. as we reported to you last week, an appeals court found that a statement prosecutors made referencing stubblefield's race violated an anti-discrimination law. the defense team has also long maintained the judge blocked important evidence. there are some technical issues and some technical areas of law. this is an unusual case. the judge in this case allowed that the jury did not hear the truth. today's hearing was delayed because of some jurisdictional issues. stubblefield's release will be considered again now in two weeks time. the santa clara county da could also still decide to retry the case. we'll have to wait and see. right now, we'll move to the latest from new orleans. president biden and the first lady will travel to new orleans on monday to meet with grieving families. and that community so devastated by the new year's day terror attack. the fbi has revealed a new, detailed timeline of that attack

last week, a state appellate court tossed out stubblefield's rape conviction from 2020. the court ruled santa clara county prosecutors violated the california racial justice act when they said stubblefield's race was a factor in the decision by officers to not search his house. >> it's a procedural issue. this has no reflection on the merits of what's left. i mean, the appellate court was loud and clear and said there is no valid conviction, and we believe there is. there was more errors in this trial than us professionally we've ever seen. >> stubblefield is now scheduled to appear in court on january 17th. [music] the state of georgia, holding a funeral for its native son today. former president jimmy carter. as fox's connor hanson shows us. well-wishers lined the streets in carter's hometown to pay their respects to america's longest lived president. >> a procession across georgia saturday celebrated the life and legacy of america's 39th president, jimmy carter. the day ended with touching tributes honoring his life, dedicated to service. the casket of former presiden

stubblefield's release will be considered again in two weeks. you see the da statement as we study this opinion to determine our next steps, we remain steadfast that stubblefield remains in custody. the santa clara county da could still retry the case as well. well, as we head to break, let's get you outside this morning. good morning. >> good morning. steph. it is 45 degrees here in the east bay and a little bit milder. 49 in san jose. so we're looking at a cool and foggy start in some parts of the bay area. partly cloudy. 50s for the rest of us today. and we're going to talk about much warmer weather headed our way when we come back. >> please. thank you. also ahead, federal health officials issue a new concerning warning about alcohol and cancer. we'll explain. then a stretch of north bay highway will soon be closed overnight. how? the project will help prevent our exploratorium camera. it is 612. there's a new plea to secure the release of eric and lyle menendez after 35 years in prison. it was made by 20 family members during a meeting with

now, stubblefield's attorneys were in court in santa clara county yesterday. they're asking for his release after his 2020 rape conviction was overturned. last week, an appeals court found a statement prosecutors made referencing stubblefield's race that violated an anti-discrimination law. the defense team has also long maintained the judge has blocked important evidence. >> there are some technical issues and some technical areas of law. this is an unusual case. the judge in this case allowed that the jury did not hear the truth. >> the hearing was delayed due to jurisdictional issues and stubblefield's release will be considered again in two weeks. the santa clara county da could still retry the case. all right, as we head to break, let's get you outside. good morning lisa. >> hi there steph, good morning to you. we are waking up to chilly conditions. it's dry temperatures here over in the east bay are in the mid 40s. this is a live look from emeryville this morning. and temperatures are going to be cool today. cooler than yesterday. after yesterday's rain,

the rape conviction of dana stubblefield in july of 2020.organ hill home. the court determined that stubblefield did not get a fair trial, and prosecutors violated the 2020 racial justice act by making him making racially biased comments about him being black. let's get a look at the forecast right now. cinthia pimentel keeping an eye on the sky and some rain coming down. yeah, it's a wet start up there in the north bay. we see it right here through our san rafael camera. so some slick roadways as you make your way along 101. some heavier cells of course, popping up right there through petaluma. we see them with those areas of yellow out towards inverness, and it continues up into the north bay, santa rosa, right there and stretching out towards parts of napa. it's a little bit more cloudy as we get in through parts of danville, out towards the dublin interchange. we see those lighter returns right now along the peninsula and parts of richmond down here in the south bay. just a drop or two, but it will turn heavier as we go towards that lunc

but dana stubblefield will have to sit in jail for another two weeks. stubblefield was back in court yesterday as his attorneys pushed for his release. a judge said more time is needed to review the case and continued it until january 17th. an appeals court overturned stubblefield's rape conviction the day after christmas, finding that prosecutors violated the california racial justice act of 2020. that measure bars prosecutors from seeking a criminal conviction o imposing a sentence on the basis of race. one year after a massive menorah was destroyed at lake merritt. another crime investigation is now underway. oakland police say officers responded to reports that the giant menorah had been vandalized with graffiti. it happened around one yesterday afternoon at 12th street and lake merritt boulevard. but when opd responded, they say it appeared the graffiti had already been removed from the jewish religious symbol. this, as mentioned, coming one year after a similar crime in december of 2023, vandals targeted the lake merritt menorah on the seventh nig

stubblefield was back in court today as his attorneys pushed for his release. a judge didn't make a ruling and instead continued the case to january 17th, saying more time is needed to review it. last week, an appeals court overturned his rape conviction, saying prosecutors made racially discriminatory statements about him. new at 11. who is responsible? a hate crime investigation underway tonight after someone vandalized a menorah in oakland. oakland pd say officers responded to reports that the jewish religious symbol had been vandalized with graffiti around 1:00 in the afternoon at 12th and lake merritt boulevard. but when officers arrived, they say it appeared the graffiti had been removed. in december of 2023, we saw something very similar happen. vandals targeted the menorah at lake merritt on the seventh night of hanukkah. police say those vandals dismantled the menorah, threw some of the pieces into the water. officially sworn in. today marks the beginning of the 119th term of the united states congress, and new members took their oath of office today a

the former 49ers star dana stubblefield, whose rape conviction was overturned, will have to spend at least another two weeks in jai stubblefield was back in court today as his attorneys pushed for his release. a judge didn't make a ruling and instead continued the case to january 17th, saying more time is needed to review it. last week, an appeals court overturned his rape conviction, saying prosecutors made racially discriminatory statements about him. new at 11. who is responsible? a hate crime investigation underway tonight after someone vandalized a menorah in oakland. oakland pd say officers responded to reports that the jewish religious symbol had been vandalized with graffiti around 1:00 in the afternoon at 12th and lake merritt boulevard. but when officers arrived, they say it appeared the graffiti had been removed. in december of 2023, we saw something very similar happen. vandals targeted the menorah at lake merritt on the seventh night of hanukkah. police say those vandals dismantled the menorah, threw some of the pieces into the water. officially sworn in. today marks the

an appeals court overturned stubblefield's rape conviction.her things, that prosecutors made racially discriminatory statements about him. turning to embattled san mateo county sheriff christina corpus, she has filed a $10 million claim against the county. back in november, an independent report was released accusing corpus of workplace misconduct, suggesting, among other things, she fostered a culture of fear and retaliation and may have had a romantic relationship with her chief of staff. corpus has denied all accusations. her attorney says the report was biased and part of a, quote, evil scheme to force her out of office. it also alleges she's been targeted because she is the county's first latina sheriff. in march, voters will decide in a special election whether to grant the board of supervisors the authority to remove an elected sheriff. a big turn now to the microclimate forecast with cinthia pimentel. good morning kira. good morning everyone. well, we have some low clouds and some fog showing up and some cooler numbers after we are get

stubblefield's attorneys filed a motion to have him released from prison. a hearing could happen later this week. the court overturned his conviction last week, saying the prosecution violated the state's racial justice act, which makes it illegal to convict someone on the basis of race, ethnicity or national origin. the santa clara county da's office put out a statement saying that it is studying the opinion. and this morning, the california department of fish and wildlife announced crabbing season can officially start january 5th. commercial dungeness crab fishing will be allowed from the sonoma mendocino county line to the u.s. mexico border. fishing zones north of the sonoma mendocino county line to the california oregon border will be delayed a bit longer. that won't happen until january 15th. the bay area rings in the new year with some spectacular fireworks shows. let's start near the ferry building. late last night, as you can see, some gorgeous fireworks, which you can actually view. sometimes that's a little hard to do with the cloud cover that we

. >> dana stubblefield will have to wait to be released after his rape conviction was overturned. >>. a few more showers to go. i'll let you know when you'll get a chance to hang up those umbrellas. your weekend weather is coming up. >> always live. abc seven news starts right now. >> well, it looks better than before. we're talking about live doppler seven, which you see on your screen here. but we are not done with the rain just yet. good evening. thank you for joining us. i'm dan ashley. >> and i'm julian glover. we had a wet start to the day and we're not totally in the clear just yet. the snow is coming down in the sierra. this road sign has the best advice. slow the fast down. chains are required for drivers, and right now, traffic is stopped on i-80 because of spinouts there. >> now, here's a snapshot of conditions here in the bay area. as you look around, look around some of our cameras located in different spots around the bay area. it is mostly clear out there and mostly dry as you can see. now let's bring in abc seven news meteorologist sandhya patel. >> she's got an eye o

new developments with former 40 niners star dana stubblefield. his attorneys today filed a motion to have him released from prison, and a hearing could happen later this week. last thursday, a federal appeals court overturned his 2020 rape conviction. the ruling said the prosecution violated the state's racial justice act, which makes it illegal to convict someone on the basis of race, ethnicity or national origin. the santa clara county district attorney's office put out a statement saying it was studying the opinion. an update now on a story. we've been following another legal defeat for bart in the fight over a covid vaccine mandate. a judge yesterday rejected bart's attempt to toss out a jury's verdict. jurors found the agency discriminated against six employees who lost their jobs for refusing to get the covid vaccine. bart was ordered to pay a total of nearly $8 million in damages. the workers argued bart did not accommodate their religious vaccine exemptions. well, a lot more to come here ringing in the new year with new laws. that could m

we've got the spicy details of the lawsuit and former 49ers star dana stubblefield returns to court to continue his effort to be released from prison. what a judge decided today. and a bay area actor has a new show that's set to start streaming. i recently spent time with him at his family's peninsula homome to talk about how his new role has a personal connection. the news at 530 starts right now. thanks for joining us. i'm gia vang and i'm garvin thomas. a bitter war over trade secrets in silicon valley is headed to court. but it's not between rival tech companies. it's between restaurants over recipes and other valuable information. nbc bay area's robert honda joins us from palo alto over what you could call the case of the potentially pilfered paella. we're here in palo alto, where a new restaurant is scheduled to open later this year, but it's being started by a couple headed to court after a restaurant chain they used to work for accused them of stealing recipes and client information to open this new business. the restaurant group teleferic barcelona, started in spain and now op