and upon presentation to the da there to the da there will be a preliminary convening and then once the decision from the da is final, we'll have a final fdrb convening. >> i think there's a couple of things that have come up a few times which is you know we're looking at the cases by year that were presented to the review board which is the final step in the process to determine whether something was in policy and we're talking about 2012 2 cases from from 2012 and two from 2013 so i'm glad this issue is being addressed we shouldn't wait to learn the policy lessons from these cases and also shouldn't wait to make a preliminary policy determination would that be a part of this review, chief? >> and training recommendations. >> and training recommendations because i think there's obviously closer in time being able to address these issues certainly makes a lot of sense what i hear you also saying even on cases where the firearm discharge review board has made a finding there's still reasons why some of these cases remain open and that's become an issue, too. when is it open and when

the brooklyn da who you met -- does he have the same position as you do?> he does. >> what is that position? on marijuana. >> the reason why i did not adopt the brooklyn district attorney's position -- he was first to say i will not prosecute these cases. >> for the possession of so much marijuana? >> i have for years taken the position we ought to be decriminalizing it but the state has not done it. i felt my job was to get the police department to come on board or hope i could so they can have about -- there can be a five-county solution to the problem. ultimately, those five counties came together and we are no longer prosecuting these low-level possession cases. that is because commissioner bratton met with us and talked with us and we finally figured it out. i don't think we need i don't think we need to have possession of small amounts of marijuana a crime. >> it will be reflected in the legal system as well. are gangs a big deal in new york? i mean organized crime, not youth gangs. let's start with youth gangs for minute. like an l.a., do you have t

the brooklyn da, who you met since hearing the strauss-kahn case.oes he have the same position you do? >> he does. >> same position on marijuana? has he gone further and say we will not prosecute? >> what -- one of the reasons i did not adopt the position which was he was the first to say i am not going to prosecute these cases. >> for the possession of so much marijuana? >> i have taken the position we should decriminalize. the state had not done it. i felt my job was to get the police department to get on board so there will be a five-county solution to the problem. ultimately, those five counties came together and we are no longer prosecuting these low-level possession cases. that is because through mr. bradshaw met with us and we finally figured that out and that is not a problem. i do not think -- i do not think we need to have it as a crime. and i think the legislation -- >> reflected in the legal system as well. are gangs a big deal in new york? i mean organized crime. >> youth gangs. i started 2 things. a violet criminal enterprise team and

is you like the manhattan da more. was determined by the voters. it was an elective office. it is closer to the street. >> right. you deal with real victims of crime, individuals. in the district, you are dealing with government items. they are both great jobs. >> what was relationship to bernie getz? >> i prosecuted him and that was unpopular. >> tell us who he was. >> he went on a subway train and shot for people. -- four people. when he first presented the grand jury, we did not get an indictment. i had to re-present it. a second shot at an indictment. the defense said, you cannot we present. the judge agreed. dismissed the indictment. i took an appeal. we prevailed. we did not convict him of attempted murder. the only convicted him of -- we only convicted him of possession of a gun. he was a folk hero at that point. >> because the four young men were african-american. he said he thought he was going to be robbed. they said they were just panhandling him. the crime was very high. people thought, more power to him to

the da's office, you are closer to the victims of crime.ad no boss except the voters. >> that job, for the u.s. attorney. it was held by rudy giuliani? >> yes. >> it was held now by a person who announced remarkable persecution -- prosecution. are you more of a prosecutor than a defense attorney? are you more interested in taking a power of the law and make a trip people who violate it -- >> i want to make sure the law is observed. i have been working now for the last year on a death penalty case in alabama where the man has been on death row for 27 years. he is absolutely innocent. the people in alabama, the prosecutor, did not turn over grand jury minutes police interviews, in violation. i'm am trying to get this guy a new trial. >> you like that. >> i want to see justice done. wherever the scales fall. >> back to the district -- difference between the district and the manhattan da, my guess is you like to manhattan da more. your job was determined by the voters. it was an elective office. it is closer to the street. >> right. you deal wi

but we know the da did not have enough evidence to charge andrus with murder. at least, not yet. in san francisco, mark kelly, kpix5. >> just yesterday, the chronicle reported that investigators believe the remains in the suitcase were mark andrus's former roommate who is missing. the coroner is conducting dna tests. >>> a live look outside tonight. major change in the weather just around the corner. we haven't seen rain like that in more than a month. all i can say is man, finally. >> that video is from before christmas. it is now 11 days away from valentine's day. we have a change coming called the pineapple express. an atmospheric river. it is coming from south of hawaii all the way here. it is not going to go somewhere else. the radar is crystal clear. a few showers in southern oregon but the signs have changed and are already coming. tomorrow is a dry day. thursday morns, rain arriving in the north bay. look at where it stays all day thursday into friday morning. 24 hours of rain in the bay area, but only in the north bay. there is the chance that places like santa rosa and h

within a quarter mile. >> our concern is the safety of the community. >> the da told us she didn't learn he moved to the street until this morning. >> in terms of a legal requirement it meets that requirement but given concerns by a number of neighbors we're going to look to see whether we can have mr. christman moved. >> anthony ash owns the bay point cottage where christman lived for two years. >> he's done everything society asked of him and i don't believe she creates a threat any longer. please allow him to live out his days. >> if he's going to live here he's going to live here. and otherwise, he's going to have serious issues. >> he wears a gps afrng quell bracelet and according to his former landlord, uses a walker. >> now, an abc7 news viewer alerted us to this story. we appreciate the leads you send us we'll run them down. or on twitter on facebook, and you can always call it. we do appreciate hearing from you. >> students rallied to save their school's football program today the support followed a decision to drop the decades-old program this month. trustees say costs have tri

within a quarter mile. >> our concern is the safety of the community. >> the da told us she didn't learn he moved to the street until this morning. >> in terms of a legal requirement it meets that requirement but given concerns by a number of neighbors we're going to look to see whether we can have mr. christman moved. >> anthony ash owns the bay point cottage where christman lived for two >> he's done everything society asked of him and i don't believe she creates a threat any longer. please allow him to live out his days. >> if he's going to live here he's going to live here. and otherwise, he's going to have serious issues. >> he wears a gps afrng quell bracelet and according to his former landlord, uses a walker. >> now, an abc7 news viewer alerted us to this story. we appreciate the leads you send us we'll run them down. or on twitter on facebook, and you can always call it. we do appreciate hearing from you. >> students rallied to save their school's football program today the support followed a decision to drop the decades-old program this month. trustees say costs have tripled ov

in a prepared statement the da's office says until we have the necessary evidence to prove this case beyond a reasonable doubt we're ethically obligated to hold off on charging this suspect. he was led out of his friend'steneder alone apartment with a white sheet over his head. police have not been able to identify the body. the case has garnered national attention. pd says they've been flooded with phone calls from the loved ones with missing persons from across the country. the case has been a particular interest to an east bay family, a friend of the suspect reported missing before last week's discovery of the body. friends say they often saw the two men together. >> i've met him twice like three, four months ago then like a month and a half ago. he came over with mark for like 20 minutes. then omar would leave. >> his father told me today he's submitted a dna sample which will eventually be compared with the body. >>> police shot and killed suspected shoplifter in emeryville this afternoon. investigators say the woman was confronted by security at the home depot pulled out a gun

human trafficking in san francisco every opportunity (clapping) i just want to say i'm so proud of the da and the public defenders and our police department work together with me and our community based on organizations with leaders in the women group to make sure we do everything we can and examining everybody we can we've got a justice and courage oversight panel that worked together for 13 years making over one hundred and 20 recommendations thank you for your wonderful work the very first time we were spriemd that took this long did first time our did dependent on the status of women are able to start collecting even better data on human trafficking to making sure that everybody commits the departments and community based organizations to have the data that thrills what we need to do the best and most to end human trafficking if he wanted to do this i want to give a special shout out to supervisor cohen in partnership with ore and our housing authority we're now finland two advocates funding with the housing authority to make sure that even the most xhifshg challenged families in the

why the da said it was self- defense and the victim's family says the system is broken and how ski resorts trying to drum up business and police recover a stolen bike. why this bike was a first for police and why the owner was attached to it. bulldog: mattress discounters presidents day sale ends presidents day? get up to four years interest-free financing on the entire tempur-pedic cloud collection! and, get a queen size serta mattress and box spring set for just $397. ♪ mattress discounters ♪ >>> new at 5:00 p.m. new developments in a police shooting that happened in san francisco. today the da released a report on the death of alejandro nieto and said the officers were acting in self-defense. iny. he was killed -- in march he was killed by officers responding to reports of a man pointing a gun but it turned out to be a taser. ktvu's david stevenson broke the story tonight. family and friends are outraged by the report? >> reporter: yeah. this report relies on forensic evidence and reports from 20 witnesses but the family and supporters say it doesn't provide a full picture of what happe

>>reporter: findings from the da investigation l include the following. officers were 25 to 30 yards away when they fired. total of 59 shots were fired by the 4 officers t.he died from multiple wounds from as few as 10 gunshots. the report also mentions one witness who encountered the man and says he recognized the weapon to be a taser. he called what he thought was a number to reach police. >> actually he didn't try 911. he called 311 tell which is non-emergency number. he couldn't get through. >>reporter: other witness did call 911. reporting that the man had a real gun. but the family and friends of him say there is inconsistency. they say there is evidence suggesting he may have fired his taser at police. then the officers would have clearly scene that what he would have fired was fv wire out of a taser tichlts completely incredible to believe that they would not have seen that. >>reporter: temperature says they have a key witness who disputes the da findings. >> they failed to interview the eyewitness that claims that alex never held the taser in his

those temperatures are going to be it into the mid '60s for the da bay >> pam :a man who is blind. has been appointed to fill a vacant council seat in richmond. the city council of richmond broke a three- week stalemate. and appointed vinay pimple. a 47-year -old legally blind attorney, as the seventh city councilmember. four men on the city council voted for pimple. while two women on the council did not vote. pimple will be sworn in march third. a major loss in the journalism community tonight. dori maynard, president of the maynard institute for journalism education. died this evening at her west oakland home.. she was a tireless advocate for diverse voices in news coverage. the institute, and its programs. have trained some of the top young journalists in the country. dori's father. bob maynard. was a journalist, publisher and former owner of the oakland tribune. dori maynard was 56 -years old. >>:in east bay man claims he was profiled by the police caught we get reaction from city officials. a local basketball team going places noone believed they could.you'll meet the young pl

know why we are not deserving of getting a phone call back and beyond why we're not deserving to the da to sit at the table with the chief we say black lives matter it does and we as a people i'm speaking to my people right now we have to stand up and we have to stop being so silent around this whole thing of how you treat us the thing of it is we have been talking for 45 years 45 years research is on the table research are in our offices the research is that the mayor's office the research is at board of supervisors research is here so why is it we have to continue to talk. >> i'm tired of talking and tired of seeing my people dying no one in this city with a $8.6 billion budget $8.6 billion with $220 million that is also extra in reserve and nothing can be done. >> it's a shame it's really a shame (clapping). >> i really want to say i think that this is very, very sad to be so quick to tell a person that is speaking from their heart that the time is up (clapping.) i mean you know this is not a game and i'm not here to play a pit full game and not here to come to the meetings and not g

know why we are not deserving of getting a phone call back and beyond why we're not deserving to the da to sit at the table with the chief we say black lives matter it does and we as a people i'm speaking to my people right now we have to stand up and we have to stop being so silent around this whole thing of how you treat us the thing of it is we have been talking for 45 years 45 years research is on the table research are in our offices the research is that the mayor's office the research is at board of supervisors research is here so why is it we have to continue to talk. >> i'm tired of talking and tired of seeing my

kramer is fromby thes da. were arrested in connection a batch of the drug molly blam for putting a dozen peop in the hospital last weeken defen lawr points out police did not find any molly on the students but they are charge for having numerous otr drugs. d.c.'s fire chief says prots are in place that stop employees from misusi their govert fleet cars. revealed two firee been charged with using their taxpayer funded cards to buy thousands of dolls worth of gas for their person cars. questioned the chief at a hearing today. he said the federal government and the fir department go ways to monitor e cards and preve misuse. they l hundreds of cases and found that federal employees stole more than $2 million of gas. at leas 17 people have been hurt after a 70-car pileup in main heavy sw was falling when the initl cra happened on i-95 this morning bet newport and bangor. two people have serious injuri. the 70 cars involved 50 of th had to be towed away. > hours before the arrival of yet another winter storm, virgin

what's more the da revealed investigators had a tail on holder to try to get her to come to court. aid without her, the case couldn't go forward. >> we encourage domestic violence victims to not only report incidents of domestic violence but to participate in every level of the prosecution. we need that participation in order to gain justice for not only the victims of domestic violence but for this community. >> let's talk about this with cnn's sports analyst christine brennan and stacy hanowitz a florida prosecutor. welcome to both of you. >> thank you. >> hi brooke. >> stacy, you're up first. my first question is just simply legal. so they've reached this settlement. does that mean that this ex-girlfriend, this accuser would have had to have physically been in this jury trial, would have had to have testified? >> well prior testimony is used in a number of cases. in north carolina you have to vouch for the person's credibility once that prior testimony is moved in. in this case i don't know if they made an attempt to use the prior testimony or if they could vouch for her credibil

he was later released because the da said there was simply not enough evidence to hold him. the investigators are waiting on dna testing to figure out who's body was in that suitcase. >>> a short time again, san francisco public defenderred e- mailed us saying he was sorry to hear he died. during the short time i represented mark i found him to be a kind and engaging person. >>> the kensington police department suspended a detective because of what happened in a motel room in reno. the community is learning today in late may, the sergeant paid $70 to have sex with a prostitute in reno while he was off duty according to police reports. he woke up to find his badge, two clips of ammunition, his gun missing, he was never cited even though prostitution isil pros -- prostitution is illegal in reno. he was finally suspended. some in the community are outraged it took had this long. >> it was a career breaker. it is really negative on somebody's record. no doubt. on the other hand, it seems like if you are paying someone $186,000 a year you should is have -- there should be accounta

the da says the victim has a long road to recovery but that she's grateful for the men who stepped in to help her. >> if they're listening, thank you. thank you for doing the right thing. because of their actions, they stopped the sexual assault. >> turner has been ordered to stay a hundred yards away from the victim. if he is convicted, he could face ten years in prison. >>> just a year from now, the super bowl will be in our backyard. so will the fbi. but the real pressure will be on bay area police departments, securing america's biggest event. their game plan starts right now. nbc's kimberly tere caught up with santa clara's police chief after he returned from last night's super bowl. she joins us now. what's the take-away here? >> plan, plan, plan, and do even more planning. you can expect a lot of walk-throughs and a lot of talking ahead of super bowl l which will be held right here at levi stadium. since it's a regional event, federal, state and a lot of local agencies are going to have to coordinate in order to keep fans safe. >> the clock is ticking down to super bowl l. and