they blame the da for handing all domestic abuse cases to the city. he said he can't prosecute because the county cut the budget and they accuse the da of using abused women to negotiate more money for his office. the interim city manager says in reality, they are not legalizing domestic violence. >> wanted to remove the vagueness of who is really responsible. if you have it then we can dump it on you. >> reporter: the da will have to prosecute the cases because they remain a crime under state law. some fear the vote sets a very dangerous precedent. >> the lives of the most at risk, mostly women and children are at stake and this response by the city is deadly and dangerous. >> reporter: a certain amount of women who are killed in domestic violence were victims of battery and a misdemeanor level. it's not cost effective and not protecting the most at risk, namely women and children. >> we have to apologize for that shot there. >>> in harrisburg pennsylvania filed for bankrupt city and detroit has removed many of its street lights because it can't pay

but no the statistic that for every four people that sanford's is the police department arrests and the da prosecutes, nearly three are repeat offenders -- for every four people that san francisco police department arrests and the da prosecutes -- the d.a. prosecutes. there is evidence to show that doing everything we can to try to divert some of his life from repeating their offense, but we will have to really vigorously enhance our approach. one way to do that obviously is the collaboration being fostered and demonstrated here today, but it is more than just today. it will have to be every single day, or else california will continue to be building more prisons, and san francisco may not be far behind. thanks. [applause] >> once again, thanks for the flag. [laughter] have a good time. have a good evening. thank you very much. [applause]

earlier today here, the da said he will not file criminal charges in the case. he went to great pains to explain why. the young woman named jessica broke into tears after losing a civil lawsuit against two former baseball players who she sea accused of raping her while she was drunk at a house party. this morning she lost another legal battle when the da relooked at the case and decided not to file charges. he said his biggest problem, jessica can't remember what happened. >> was there a crime? we don't know. if there was a crime do we know who did it? we don't. can we prove the case beyond a reasonable doubt at a jury trial? no. >> reporter: in a statement jessica said she was very disappointed in the justice system and said i didn't hide, i told my story and i'm not embarrassed. i did all i could to help the truth come out and now i will move on. the director of a rape crisis center was also disappointed. >> victim blaming still plagues the society and the focus is on the victim and their behavior. >> reporter: an attorney for one player said the correct decis

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. >> reporter: 1:20 p.m., the da says 41-year-old scott dekraai walked into the salon wearing a bullet proof vest, armed with three handguns, just like these, a 9mm pistol, 44 magnum and 44 caliber pistol. the intent, according to the da, to murder his ex-wife, 48-year-old michelle, and any other people who may have been present. >>he walked through the salon shooting anyone close enough to hit. >> reporter: 1:21 p.m., the da says dekraai walked through the salon methodically, executing employees and customers. the victims, including his ex-wife, were shot up close, repeatedly. the niece of the salon owner and victim, randy fannin, says her uncle confronted dekraai before he was gunned down. >> asking him to stop and just think of a different way, and they could talk about this and find a different way to do this. and obviously scott was not in a place to hear anything. >> reporter: dekraai stopped to reload when his ammunition ran out. he then continued firing, as people lay dying. >> dekraai shot victim after victim, executing people by shooting them in the head and chest. >> reporte

the da is now seeking the death penalty. >>> a woman faces charges tonight of stealing hospital records. 49-year-old catharine smithso is charged with taking some 1500 files from mills peninsula hospital between 2009 and september of last year. the san mateo daily journal reports she told police that she was overwhelmed in her mail room job and was taking them home to shred. investigators say some records contained personal information, but none were misused. she is due in court monday. >>> silicon valley is buzzing with the possibility of yahoo! being sold. the "wall street journal" reports google is thinking about bank rolling a deal for others to acquire yahoo!. the report cites an unidentified source. neither company is commenting. meanwhile, google just spent $100 million for an office complex in mountain view. the complex can hold almost 1000 workers. >>> the summer camps continue to linger, but for how long? jim bernard's pinpoint forecast is next. >>> well, a happy ending for an auburn deer who got tangled in a rope. the deer was snagged by his antlers on a rope swing. he thrash

morning was obvious the da was ready to defend his decision. we got this long list of evidence before he made the announcement. >> reporter: the county da said it ok three months of research to decide if there would be any criminal charges charges in the case. it focused on evidence after a house party about four years ago when college baseball player was accused of gang rapes a 17-year-old named jessica. they said it was cons, nual. >> we can't prove a crime happened and will not file charges. >> reporter: the decision is the same one made by his predecessor and then state attorney general jerry brown. two players targeted in a civil lawsuit were found not liable for damages causing jessica to break-in to tears, despite the investigation the bottom line remained, she could not remember what happened. >> even if there was a crime is it the right thing to do? in this case because we didn't know what, what or when things happened, in that room it was very difficult to go forward. >> reporter: in a statement jessica said she was disappointed in the

the da has not filed charges. san francisco says they will continue with their investigation. >> reporter: although he will never play again mark has plans to coach football to children. in san francisco, ktvu channel 2 news. >>> the marin county district attorney said he will not file criminal charges against the city councilman accused of slapping the hand of a colleague. the da says michael kelly could receive a cryination connection to the incident caught on tape during the september 13th city council meeting. the tape shows kelly slapping the hand of the city councilwoman, ford, after she told him to shh. >>> stanford university says sexual assault jumped 10%. there were 21 cases of students reporting sexual assault last year compared to 12 in 2009. stanford's police chief tells us the news is not all bad. she says the numbers to a -- appear to reflect an increase number of students coming forward to report incidents rather than an actual increase in assaults. >>> a san francisco county jail closed for 1 1/2

. >> megyn: the presser by the da in missouri so father has been another case. number two, there's no truth to the rumor that bret baier will be dressed like phoenix jones on "special report" tonight. thanks for being here! here's trace gallagher. >> thank you. this is "studio b." a u.s. court blocking of what some call the toughest immigration in the law country, saying schools can't check the immigration status of students. plus, a new report details how more planes are flying too close to each other. are you at risk? and the obama administration squares off against republican lawmakers. did the administration break federal law when it gave a half billion loan to a now bankrupt company? the solyndra controversy is all ahead, unless breaking news changes everything, on "studio b." first from fox at 3:00, presidential candidate rick perry says he has a plan to create more than a million new american jobs. the texas governor making his first major policy speech since entering the race with a rapid rise and fall in the polls. today at a pennsylvania steel plant, he

a civil trial cleared the players of responsibility and today the da's office says they did not find enough evidence for a criminal court case. >> the district attorney's office can not prove that a crime occurred on march 3rd, 2007. and therefore will not file criminal charges. >> reporter: the case was complex because alcohol was involved and memories were blurred by drinking. >>> in the south bay law enforcement says they arrested more than 100 felons and gang members during a sweep today centered in gilroy. operation garlic press and why the officials say the undercover investigation made the bay area a safer place. >> reporter: this video, take enby the department of justice, shows special agents swooping down and making arrest after arrest today. this took place in santa clara, alameda, santa cruz and monterey counties. in total 103 individuals were taken into custody. among them 51 were gang members and two were other gang members. >> what we were seeing is an uptick in auto theft, auto burglaries, off the charts. starting to see more violent crime with the gang members and we

lin has details of the proposal. >>da: public transportation were always considered heavy--could soon carry a heavy load. they want bart trains to have extended hours. >> i was drop of at bart and a totally missed the last train which is awful. >> many bart passengers that i spoke to said that they support an extension of service. >> i take it is a great idea. this is a lot of tourism and the like. >> a service of start at about 620 a m and to maintain. at the start time might harm other service workers to rely on the 6:45 a.m. train. >> the bart board is set to vote on the plan in november. if agreed, a six month trial could begin as early as february. da lin, kron4 is. >> here is a live in view of oakland and el cerrito looking on in the north. we have made the clear skies across the bay for tonight. we have had a lot of action for the blue angels and there's others that did. there is a system approaching from the north. the rain right now is around your recap. on monday the rain will slowly works its way toward our are

>>da: friends say that tom gregg more celebrated a second chance at life by kayaking in the bay. >> he beat cancer and was high on life. >>da: the 50 year-old had just been through cancer occurred years of chemotherapy. he was battling in this turquoise carjack around 3:00 p.m. on sunday when they crossed the wake of a tugboat. friends say the way coaches kayak against this dry dock in this look it over. >> of the water from the week was cushing it. ofs set kayaker went down underneath. semites are round and his vote was other down. he was not moving. >>da: authorities launched a large-scale search and rescue operations. divers focused attention at the dry dock but the search for the missing kayaker turned into a recovery operation., we are unable to search of a dry dock because it is dilapidated. right now we will see if the water pushes the body out. >>da: his friends are in shock. >> a total freak accident. >>da: authorities are not getting at. coast guard is still searching for his family. >>vicki: and another big story, san jose police are investigating a set and officer involved

should the da who is considering charging phoenix with assault for the pepper spray, should he go aheadll, here's the problem. and, listen, phoenix, i love what you do, i think you're a cage man, and we want to see you around for a long time, and it's for that reason that you have to stop doing it. [laughter] number one, t a deterrent effect. what the prosecution wants to do, look, you don't have adequate equipment, there's a training issue, and there's the fact there's not legal authority to do it. furthermore, there's always the problem that could get worse, and that is people could misconstrue intentions, it could escalate the situation, and it's for that reason -- megyn: wow, what a killjoy. >> at the same time, there needs to be some type of assessment done by the da so that other copycats don't come out here. megyn: i'm going to let phoenix respond, but i want to get jonna's take on the case. >> joey, obviously, hasn't represented as many superheros as i have. [laughter] crime is not okay. and when he takes to the streets like that, it's no different than when a guardian angel put

the intelligence da at this time i created a. t.k.o. problem which is that we were we were targeting this war all over the world. body and becomes a city under siege a special unit is everywhere with cock blanche to do as it pleases sweeping everywhere i'm searching everyone. to big. same with the dragnet turns off a little more than weapons telephones explosives coming off in mid am and the usual suspects most of them petty criminals. but the investigators are hoping for is the one clue the one informant who might lead them to esteban. take him up published a lot of. those means it is going to get. the rewards of a televised appeals for information make little headway however as whoever might be tempted to inform the godfather or his cronies knows fully well it would mean the death sentence. as a result months go by and escobar remains as elusive as ever. despite the grind of the danger the such unit has to follow up every lead. off on the unit's intelligence take some to envy god on the subway escobar grew up. people were hiding in a n

thing tell the difference da at this time i created a. tape t.k.o. problem which is that we were we were targeting this war all over the world. maybe even becomes a city i'm just seeing a special unit is everywhere with cock notch so there was it pleases sweeping everywhere and such and everyone. looking at. it. it's a big. in with a dragnet tons of little more than weapons telephones explosives common enough in many a year and the usual suspects most of them petty criminals. looking investigators are hoping for is the one clue the one informant who might lead them to ask about. all. those means or does your me going to get patients. are going to get. the rewards of the televised appeals for information made little headway however as for whether i might be tempted to inform the godfather or his cronies knows fully well it would mean the death sentence. as a result months go by and escobar remains as elusive as ever. despite the grind of the dangers such unit has to follow every lead. a family get some touchups take some to envy god the somebody where

but no the statistic that for every four people that sanford's is the police department arrests and the da prosecutes, nearly three are repeat offenders -- for every four people that san francisco police department arrests and the da prosecutes -- the d.a. prosecutes. there is evidence to show that doing everything we can to try to

lin has the latest. >>da: the shooting happened saturday afternoon inside the san jose cemeteries. police say multiple shots were fired, killing a member of the hell's angels. no one else was hurt. san jose police say they do not know what led to the shooting or who shot the victim. >>officer: we do not know if it was within members of the same club or an outside rival gang. >>da: it helps to and during the funeral of jeff pedigrew. san jose police have not said where in the cemetery the shooting occurred. investigators spent much of their time near the grave site of pedigrew. >> you do not do anything at a memorial park or fuel. >>da: more than is 1000 people attended the funeral. although many people witnessed the shooting, they are not getting a lot of cooperation. >>officer: the scene appears to have been tampered with. i cannot get into details, but they believed it has been tampered with. >>da: as it was steve thompson, the sergeant at arms at the santa cruz chapter of the club and a close friend of ped

both the newspaper article said the police department and the da's office have suppressed that report. how can the san francisco criminal justice system go about having -- we will start over here. >> in terms of the crime lab and the dna labs generally, i would turn it over to an independent agency has, given all the scandals and the continuing news stories that come out every single day. we need an independent crime lab that was adequately funded. in the last few days, there is a lot of talk about the memo. and the d.a. said in a debate last night that he had given it to defense counsel according to a story today that the defense council said that they had not, in fact, seen in. they do not know what is happening and his court rooms. those are the only two explanations that we can come up with >> they say that the memo is confidential. he was working for the san francisco district attorney. if it is not confidential, they should release it to the public. if it is confidential, it is up to the district attorney to release a: not. why do we have a crime lab that belongs to the police?

the intelligence da at this time i created a. tape t.k. oprah. wood says that we were we were targeting this bar all over the world. many in becomes a city under siege the special unit is everywhere with cock block to do as it pleases sweeping everywhere and such in every one. to begin with the dragnet turns up little more than weapons telephones explosives common and often made the un and the usual suspects most of them petty criminals. what the investigators are hoping for is the one clue the one informant who might lead them to esteban. to move up published a lot of. those means are busy and those me going to give reasons why don't you read us the i'm going to give. them the yoshimi. the rewards on the televised appeals for information make little headway however as whoever might be tempted to inform on the godfather or his cronies knows fully well it would mean the death sentence. as the result months go by and escobar remains as elusive as ever. despite the grind of the danger the such unit has to follow up every lead. often lead units intell