more than half of california crass rooms studied don't meet state ventilation standards. >> lower ventilation rates were equated with more absences in sued entss. >> indoor pollutants can build up. they should be diluted with outdoor air through developmentlation systems. but for some reasons, that's not always happening. >> our best guess is that they're being operated to save energy and money by bringing in less outdoor air through ventilation systems. >> it requires that the ventilation rate be 7.1 liters per second per person. the median of those studied was 5.1 liters. a bigger issue -- the portable buildings. they have a median estimated rate is 3.1 liters. >> i can't educate an empty desk. >> education association has fought for years better ventilation. >> it falls on the school district. if the school district is responsible for following the laws, they should follow the laws. >> the director for facilities for the san jose unified school district says the study results deents reflect what's happening in his district. >> the ventilation systems are receiving the maintenance by our ma

a lot of people are asking why is she still on a ventilator. we are going to be talking for the lawyer with the family. >> that's right. as the clock ticks down. >>> also, we're going to be sitting down with the bart president. >> you have a lot of questions. >> yes. we're going to ask him is anyone going to lose their job, plus what about fare increases . we're going to tell you what bart has in store. >> and parking increases. >> and today is the big fame, 9ers versus packers. >>> and on the other end of the specific rum, our weather forecast is all over the board, but it's going to be similar to yesterday. a live look at the bay bridge. a little breezy. we are in the 20s up there in the north bay, santa rosa 25, 37 in san jose, 54 in san francisco. we are going to see the temperatures climbing and content with the breezes. it's going to end up sunny, near record high in places like oakland. we have a slight chance of showers next week. first, here's mark with your headlines. >> good morning. an alert bystander may have saved the life of a 7-

standards. >> lower ventilation rates were associated with substantial increases in illness absenceudents. >> reporter: mark mandel said indoor air pollutants can come from the carpet, the furniture, dust, or even other students who may be sick. indoor pollutants should be diluted with outdoor air. that's not always happening. >> our best guess is they're being operated to save energy and money by bringing in less outdoor air. >> reporter: california building code requires schools be built to have a ventilation rate of 7.1 liters per person. 5.1 liter per second per person. the buildings littered throughout campuses, a ventilation rate of just 3.1 liters per second. >> my concern as a teacher is i can't educate an empty desk. >> reporter: california's teachers association has fought for years for healthier classrooms. they say it's clear where the responsibility lies. >> it falls on the school district, you know. the school district is responsible for following the laws, then they should follow the laws. >> the air comes from the unit up above. >> reporter: steve, the director of fa

a lot of people are on ventilators. do we pull them all?hospital decide or does the parents decide? i'm on the side of us deciding especially when there may have been negligence by the hospital to begin with. >> >> the hospital brought in a lot of experts, they say once it's clear that someone is declared brain dead there's no chance of them ever coming back from that state. i spoke with the hospital lawyer friday. >> it's horrible this child has died. it's also horrible that it's so difficult for her family to accept that death. and i -- i wish and i constantly think that wouldn't it be great if they were able to come to terms with it, this terrible tragic event and i didn't have to stand in here in front of you all time after time? >> you can see the hospital lawyer there choking up at the end. it's been such an emotional issue that has been going on, again, for several weeks. could be coming to a head tuesday evening. >> the lawyer in fact told us that he has a facility lined up. >> we don't know where. >> he doesn't want to say because

they are doing everything possible to keep her on a ventilator and move lher to a fallacity to get thed deserves. they have settle tment talks. here is randi kaye. >> reporter: the surgery sounded simple enough, remove the tonsils, adenoids and extra tissue so she would sleep better. she began bleeding heavily from her nose and mouth and went into cardiac arrest. on december 12th, her doctors told the family she is brain-dead. >> how can she be dead and her heart beats and blood flowing through the system and responds to my voice and touch? how can a dead person do that. >> reporter: that's the question at the center of the case? is she alive as family believes or is she dead like doctors declare snd jahi is connected to a ventilator and her mother told reporters she has video of her daughter moving but the hospital spokesman said it's quite common for muscles to move, even when someone is deceased. he says it is not a line of life in the body of jahi mcmath. the hospital wants to remove her from the ventilator saying it has no legal obligation to treat a deceased person. an independen

on december 10th she was place owed a ventilator and december 11th declared brain dead. attorneys for the hospital say the two sides reached their agreement in superior court earlier in the day. >> by the terms of the stipulation there is a possibility for her to leave the hospital and children's is committed to the stipulation. >> the clock is ticking. a federal hearing in the case is set for tuesday at 1:00 p.m. where the attorney for the family may ask the judge for an extension if she hasn't been moved. at children's hospital oakland, nick smith, abc7 news. >> at least five mean people have been killed in a deadly winter storm pounding the midwest. it dumped two feet of snow and brought sub zero temperatures with it. portland, maine will be 8 below zero and albany, new york mns 15. minus 15. it grounded 3500 flights in the u.s. and delayed 7,000 more. >>> the storm's crippling effects are impacting the bay area. at sfo, 36 flights were canceled. oakland international and mineta san jose had cancellations as well. ?ai sandhya patel is here and she has been tracking th

>>> today mark as crucial day in the east bay family's fight to keep a 13-year-old on a ventilator. why a federal court may have the final say as to whether jahi mcmath can be moved to a long term care facility. >> up in flames, fire crews still on the scene of an overnight fire near a popular shopping center in the north bay. why police were called to this spot just yesterday. >> taking the meaning of frigid football to a new level. why the 49ers/packers showdown could make history for what happens off the field. >> a live look outside. beautiful pictures of the bay bridge. friday, january 3, this is "today in the bay." >>> good morning everyone. 4:30. i'm scott mcgrew. >> i'm peggy bunker. breaking news from the east coast. we learned that new york's kennedy airport is closed this morning because of the snowstorm that is slamming the northeast. the airport was closed about 3:15. airport officials say they expect it to open in about an hour or so after crews plowed the runways and de-iced all of the planes set to take off. all flights to and from new york city leaving from the bay

on december 10th she was place owed a ventilator and december 11th declared brain dead. attorneys for the hospital say the two sides reached their agreement in superior court earlier in the day. >> by the terms of the stipulation there is a possibility for her to leave the hospital and children's is committed to the stipulation. >> the clock is ticking. a federal hearing in the case is set for tuesday at 1:00 p.m. where the attorney for the family may ask the judge for an extension if she hasn't been moved. at children's hospital oakland, nick smith, abc7 news. >> at least five mean people have been killed in a deadly winter storm pounding the midwest. it dumped two feet of snow and brought sub zero temperatures with it. portland, maine will be 8 below zero and albany, new york mns 15. minus 15. it grounded 3500 flights in the u.s. and delayed 7,000 more. >>> the storm's crippling effects are impacting the bay area. at sfo, 36 flights were canceled. oakland international and mineta san jose had cancellations as well. ?ai sandhya patel is here and she has been tracking th

on december 10th she was place owed a ventilator and december 11th declared brain dead. hospital say the two sides reached their agreement in superior court earlier in the day. >> by the terms of the stipulation there is a possibility for her to leave the hospital and children's is committed to the stipulation. >> the clock is ticking. a federal hearing in the case is set for tuesday at 1:00 p.m. where the attorney for the family may ask the judge for an extension if she hasn't been moved. at children's hospital oakland, nick smith, abc7 news. >> at least five mean people have been killed in a deadly winter storm pounding the midwest. it dumped two feet of snow and brought sub zero temperatures with it. portland, maine will be 8 below zero and albany, new york mns 15. minus 15. it grounded 3500 flights in the u.s. and delayed 7,000 more. >>> the storm's crippling effects are impacting the bay area. at sfo, 36 flights were canceled. oakland international and mineta san jose had cancellations as well. ?ai sandhya patel is here and she has been tracking the storm with live

her body is now connected to a ventilator inside this hospital, despite her family's wishes. >> we've reached the point where, you know, you wish that your wife's body would stop. >> reporter: the hospital refuses to unplug the ventilator, because she's pregnant, and texas is about one of 30 states that restrict a woman's ability to be disconnected if their pregnant, regardless of the patient or the family's directive. they are paramedics, and end of life issues is something they talked about often. >> we've seen things out in the field. we both knew that we didn't want to be on life support. >> back with our panel. sunny, we talked about this in the 8:00. you believe that the law is right to keep this woman on a ventilator. >> we know that this was a wanted pregnancy. she was in a happy, married relationship. and this was an unforeseen circumstance. >> but she told her husband she never wanted to be on a ventilator. >> but i can't imagine part of that conversation was, and if i'm pregnant, and my baby is 14 weeks -- >> doesn't the husband know more about what she would want? >> no, b

she's the 13-year-old girl on a ventilator declared brain dead by several doctors. christie smith joins us live with continuing coverage and today is a big day for both sides. >> reporter: yes, good morning. 11:00 this morning both sides go before a federal magistrate for what's called a settlement conference, they are going to try to do is reach some sort of resolution on this. but that may be easier said than done. that's because jahi mcmath's family and children's hospital have been at odds since the 13-year-old was first declared brain dead on december 12, three days after she underwent surgery to have her tonsils removed and other procedures to help her breathe. her family says there were severe complications and she went into cardiac arrest. right now there is a temporary restraining order that prevents children's hospital from taking jahi off of a ventilator at least until tuesday. her family said she want her moved to another facility. they believe there is a possibility she can recover. before a transfer the family needs a feeding tube and breathing tube in

the family has fought to keep her on a ventilator. the hospital said it would be willing to help the family remove her if it is done legally and medically possible. >> we understand the suffering and grieving that is occurring right now. but their attorney and family have been unable to produce transportation or a facility that would accept a deceased body on the ventilator. >> reporter: new beginnings community center in new york is willing to take jahi in. the family is looking for a doctor that is conduct procedures that are necessary for her to be transferred. she did tell me the facility planned to issue a press release. but we have not received anything so far. >>> just ahead, a human skull found on a log in the east bay. the other items spotted along with it that make the discovery even more strange. >>> another popular social media network hacked. how you can find out if you were hacked with the click of a button? >>> it doesn't hurt to ask. >> one man is going to great lengths to save a giant tree in danger of dying. the reas

the hospital chemical her body on a ventilator to preserve the fetus she was carrying.pital officials say that state law required them to maintain the treatment for a pregnant patient. a judge has ruled that munoz should be taken off ventilator and respirators by monday. the hospital chose not to appeal the judge's ruling. a nick valencia reported earlier, it appears that she may have already expired. stay with cnn with breaking news. for now, anthony bourdain begins now. meantime, more stars at the grammy awards. >>> chances are you haven't been to this place. chances are this is a place you've never seen. other than maybe blurry cell phone videos, old black-and-white newsreels from world war ii. chances are bad things were happening in the footage you saw.

a superior court judge ruled that children's hospital oakland can remove jahi mcmath from a ventilator on tuesday at 5:00 p.m. but her family has not given up. her uncle told me the family is closer than over to getting the necessary pieces in place to move his niece. >> we're moving in the right direction. we have had small victory after small victory. >> i said hi, and she moved her legs and arms, heart is beating good. she is warm. she looks beautiful. the best glow i have seen her have. >> you think she understands what is happening. >> i know she do. >> a seven and a half hour long settlement conference before a fed magistrate late out the steps necessary to move the 13-year-old. a superior court judge okayed rother rule as long as gentleman high's mother accepts responsibility for what happens during the transfer. jahi had a routine tons electricity me. on december 10th she was placed on a ventilator, and on december 11th declared brain dead. >> the clock is ticking. a federal hearing is set for tuesday at 1:00 p.m., where the family of jahi macmight may ask for an extension to t

a serior court judge ruled that children's hospital oakland can remove jahi mcmath from a ventilator on tuesday at 5:00 p.m. but her family has not given up. her uncle told me the family is closer than ov to getting the necessary pieces in place to move his niece. >> we're moving in the ght direction. we have had small victory after small victory. >> i said hi, and she moved her legs and arms, heart is beating good. she is warm. she looks beautiful. the best glow i have seen her have. >> you think she understands what is happening. >> i know she do. >> a seven and a half hour long settlement conference before a fed magistrateate out the steps necessary to move the 13-year-old. a superior court judge okayed rother rule as long as gentleman high's mother accepts responsibility for what happens during theransfer. jahi had a routine tons electricity me. on december 10th she was placed on a ventilator, and on december 11th declared brain dead. >> the clock is ticking. a federal hearing is set for tuesday at 1:00 p.m., where the family of jahi macmight may ask for an extension to the tempo

the ventilators and take her out of the hospital. they remember several times where she was within hours of being removed from that ventilator and families say that they feel blessed that she is still alive and still has hope that she will remain alive. the hospital released a statement today saying that our hearts go out to the family as they grieve for this sad situation. and they wish for closure and peace. we'll have much more on the story coming up tonight at 11:00. live in san francisco, brian webb, kpix 5. >> all right, thank you, brian. we will continue to follow the story throughout the evening. kpix 5 news at 11:00 for the latest. >>> three people have been rescued from a car that plunged over a cliff into berkeley hills, happening on the boulevard near centennial drive just before 7:00 tonight. firefighters, they used a rope and a system to rescue the three people inside. none suffered any serious injuries as it will take a bit longer to remove the car. no word yet on what caused that accident or whether or not speed was a

jahi mcmath has been on a ventilator since surgery to remove her tonsils and help her sleep apnea. family members say they've seen signs of life and want her moved to a new hospital. >> the reality is the reality and there is no pleasant way to say anything other than say this young woman is dead. >> pretty much we want children's hospital to either help us or get out of our way. >> the family says a facility in new york will take her but it's unclear if that facility is equipped to handle her needs. the two sides will present their evidence to a judge january 7th. >> former first lady barbara bush is in the hospital. she is in, quote, great spirits and getting, quote, fantastic care. the statement says she has been is witted by her husband and family at the hospital in houston. she's also the mother of former president george w. bush, as you well know. >> the white house is taking a look back at 2013. just ahead the touching and troubling moments this year for the president captured in photos. also -- >> i'm really sad about this closing down. it's an institution. >> for some it's

doctors declared her brain dead, and the doctors said they needed to remove her from the ventilator. no chance for her. but relatives convinced a judge, despite all the medical evidence and science, to let the medical team move her to another facility. the family's lawyer tells the san jose mercury newspaper that the teenager has arrived at a new facility but they're not telling anyone where the facility is. this lawyer had previously said, a medical center in new york might be willing to care for her, but is she here? we don't know. we have an attorney, lisa, with us, on some legal issues. let's begin with our own lea gabe grill on the nuts and bolds. i was following this and all you can think about is the family. >> no one is telling us exactly where jahi is and all the familiar family members are saying they continue to express hope. >> very grateful and proud of everyone that supported us, that prayed for us, everyone that helped donate to make this possible, without you guys, none of this would be possible. >> you heard jahi's uncle mention donationsment -- donations. one doctor

jahi mcmath has been on a ventilator since surgery to remove her tonsils and help her sleep apnea. family members say they've seen signs of life and want her moved to a new hospital. >> the reality is the reality and there is no pleasant way to say anything other than say this young woman is dead. >> pretty much we want children's hospital to either help us or get out of our way. >> the family says a facility in new york will take her but it's unclear if that facility is equipped to handle her needs. the two sides will present their evidence to a judge january 7th. >> former first lady barbara bush is in the hospital. she is in, quote, great spirits and getting, quote, fantastic care. the statement says she has been is witted by her husband and family at the hospital in houston. she's also the mother of former president george w. bush, as you well know. >> the white house is taking a look back at 2013. just ahead the touching and troubling moments this year for the president captured in photos. also i'm really sad about this closing down. it's an institution. >> for some it's an in

the family of a brain dead texas woman wins, if you can call it a battle, to remove her from a ventilators still remain in this case, like who is going to be on tap to pay all those legal bills and medical bills? we really wanted to take a relaxing trip to florida. you know? just to unwind. but we can only afford one trip this year, and his high school reunion is coming up in seattle. everyone's going. then we heard about hotwire... and realized we could actually afford to take both trips. [woman] see, when really nice hotels have unsold rooms, they use hotwire to fill them. so we got our 4-star hotels for half price. i should have been voted "most likely to travel." ♪ h-o-t-w-i-r-e ♪ hotwire.com book with our app for an additional... $25.00 off your next hotel. those little cialis tadalafil for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis

. >> you can take the body of jahi mcmath with the ventilator, transport her to another facility if he ever produces another facility that would knowingly accept a dead body. >> reporter: jahi mcmath has been on an ventilator since december 10. the family believes it's possible she can still live. >> they are setting up roadblocks at every road that we try to go down to save jahi because imagine this, if jahi does come back as we hope, imagine what children's is going to have to face. >> because i look at her and i feel like as her mother i'm supposed to be able to help her and this hospital has my hands tied. [ crying ] >> reporter: the family insists they have several facilities willing to take jahi to care for her. and they have an ambulance and a plane standing by. in oakland, linda yee, kpix 5. >> jahi mcmath's uncle sent out this tweet here asking for a doctor to help the family. so far, no one has come forward. but the family's lawyer says he is in contact with a new york clinic for people with traumatic brain injuries where she might be accepted as a patient. >>> former first l

a judge issued a restraining order to keep the hospital from taking her over the ventilator. they also extended that to help the family move her to a new facility. she has been transferred from the coroner to the care of her mother. >>> tara moriarty tells us what clues investigators have to go on. >> police found a man in his 20s stabbed to death in the lobby of this apartment building building, and officers conducted a cold show, simply to a bring of possible suspects they even noticed it putting in a string of witnesses with a parked police car. >> they noticed there was some information and that's why we are doing it. >> the building was on lockdown until this morning. police steeled off every exit and combed hallways for evidence. no word on whether police took evidence into custody. >>> there isthere is a surprising new development in the case of the girl who committed suicide after an alleged sexual assault after three teenage boys. now one of the boy's defendants has filed new legal papers. he claims one of the late teen's parents cannot sue because he is not her biol

she is never going to wake up and she is never going to be able to breathe without a ventilator.st people, the distinction here is kind of moot because they would say, well, if i was permanently unconscious and never going to wake up, why would i want to be kept alive anyway? but for this family in oakland, i think that distinction is an important one and that's -- that's why we are having this debate. >> let me ask you, professor, wrote this op ed on cnn.com and it's entitled "let parentness decide if teen is dead." why should the parents be allowed to make that decision, if there is a medical definition of brain death and most states accept that medical definition as you the legal definition? why then should in this case or any other case the parents be allowed to make the decision? >> well, there isn't exactly a medical definition. in fact, dr. truog pointed out that on medical grounds, some physicians continue to support the notion of cardiac or circulatory death as the basis for pronouncing death. there is law that's pretty well accepted universally. the problem is there's n

>> the judge ruled they have to keep the ventilator going not the breathing tube.the hospital is following the court's order in the case. if they can not get her moved they will rye to change the orders. >> the court's order is they don't have to keep her on a feeding tube. they didn't say they can't. what recourse does the family have? >> they would have to appeal. the hospital isn't under obligation to keep life support past january 7th. but the hospital is saying this is in their view a dead person and they are not going to provide life support or a feeding tube beyond the date they have to. so they can appeal or get another hospital to take her before the need for a feeding tube is so imminent she dies >> what are the implications were the people filling out a living will? >> well this could solve that. if she had a living will saying i don't or i do want my life prolong. most people don't have a living will. especially someone as young as this. >> thank you both for joining us. >> 12 minutes before the hour. and jenna lee is coming up on happening now. >> how

tuesday's deadline the family would need to take control of her body and put her on a temporary ventilator and find a doctor that will insert all necessary tubes and a facility that would accept her. the family feels it can accomplish these things. you can get updates on our website and facebook and twitter pages. >>> a live look outside over walnut creek, clear skies prevail, the dominant weather theme. a high pressure over california overstaying its welcome. you can see the showers just off the southern california coast. no rainfall in our immediate future. 39 in pleasanton. >> the winter weather has battled the northeast and air travel has been affected in sfo. >>> a man in san jose has won the jackpot. >>> police are involved in a shooting in san jose, the latest on what has happened next. >>> the world's dumbest criminals. criminals. wait until to those who've encountered welcome to covered california. new, affordable health plans so you can be ready for whatever comes your way. enroll today at coveredca.com. or how to find big savings on the things you need. just make a straight line

last week, her husband went to court asking that the ventilator be shut off so her family can take her and give her a proper burial. any way you look at it, it is deeply troubling. join us is jeffrey toobin, anna navaro, charles bloke, sunny hostin and mark geragos and dr. sanjay gupta. the medical condition of this fetus, how serious is this? what does this actually mean? >> it sounds very serious. you're talking about deformities of the lower extremity, and also hydrocephalus, which is fluid on the brain. that's serious no matter what the cause is. now, i think one of the things people will ask is, why is -- what has happened to the fetus here? could it have been there was a low oxygenated blood situation for the fetus? the same thing that happened to the brain of the mother affected the placenta as well, or is this a genetic abnormality? we don't know the answer to that. you could find out by doing a genetic test, but regardless to your question, this is a very serious situation. it's not even clear what sort of brain function or other functions this fetus has. >> there's going to b

a brain dead pregnant woman taken off a ventilator after an emotional legal battle. that's after a texas hospital said it would not fight the ruling to turn off marlise munoz' machines. live in ft. worth, texas, outside the hospital. nick, what next for the family? >> what next for the family is finding a place to bury marlise munoz. we have not heard directly, erick must not oss hasn't spoken, neither have their parents. we did get a statement from the attorney. it says, our client erick munoz authorized us to give today at 11:30 a.m. central time marlise munoz body was disconnected from life support and released to mr. munoz. they will proceed with the somber task of laying her body to rest and grieving over the loss suffered. went on to say, may marlise munoz rest in peace and the family find the strength to complete what has been a long and arduous journey. it's been eight and a half weeks since she was legally pronounced brain dead. an hour before we got this statement from the attorney, munoz family, we heard from the hospital. jps, john peter smith hospital be

this is what her family said they wanted, but this morning she is still on ventilators. >> attorneys the hospital and her family agree that munoz is brain dead and her fetal not viable. but forbids removing life sustaining treatment for a pregnant patient. >> nick is outside the hospital. good morning, nick. >> it is wait and see for the family after a judge ruled on friday that the hospital here behind me has until 5:00 p.m. on monday to see if they will abide by the judge's decision to take her off a ventilator or if they will appeal. the hospital has maintained all along that they were simply abiding by state law and that they did nothing wrong in their interpretation of the law. smu professor who co-wrote the law said that the hospital got it all wrong. >> i don't see how we can use a provision of the law that talks about treating or not treating a patient in a case where we really don't have a patient. that's not a question of philosophical speculation, in texas and in all 50 states. >> a very emotional day in court for the family having to relive the graphic details from court.

the family then began a legal fight to keep her on the ventilator. the order to keep her on the ventilator ends tuesday at 5:00 p.m. >> a seven-year-old girl that was abducted outside her home friday night is said to be in good spirits after being reunited with her family. this man, david allen douglas, is under arrest. police say he has no connection to the family. they say he followed them home from a wal-mart store earlier in the day day. a good samaritan who spotted douglas and recognized him from an amber alert, recognized his car, got attention and she said being nosey paid off. >> that could be your daughter or niece or it could be someone close to you. >> burks honked her car honey to get the attention of a nearby officer. investigators are trying to determine whether the girl was the victim of a sexual assault, which is why we are no longer identifying her. >>> relief for another oakland family after their son disappeared yesterday for four hours. that was yesterday. five-year-old darryl carter iii was nowhere to be found around 3:00 p.m. wh

rejected this, saying that they believe jahi is alive as they fought in court to keep her on a ventilator at the hospital. the family attorney had this to say. >> this family knows that the odds are way stacked against them. this family knows that the likelihood of recovery short of almost a miracle or just the spirit of this family and this girl, is improbable. what this family wanted was a chance. and i think that what's real important to understand is what this legal action was really about, about this girl named jahi but also about every parent in the united states who should have the right to make that choice. >> reporter: about a half hour after she was released the hospital released a statement saying in part our hearts go out to the family as they grieve for this sad situation and we wish them closure and peace. requests for a feeding tube was denied. both sides were actually due in court, to federal court tomorrow. a hospital spokesperson saying that may not be necessary due to the transfer that has happened and jahi's uncle says the transfer was paid for by online donations that

the family then began a legal fight to keep her on the ventilator. the order to keep her on the ventilator ends tuesday at 5:00 p.m. >> a seven-year-old girl that was abducted outside her home friday night is said to be in good spirits after being reunited with her family. they live in antioch. this man, david allen douglas, is under arrest. police say he has no connection to the family. they say he followed them home from a wal-mart store earlier in the day. a good samaritan who spotted douglas and recognized him from an amber alert, recognized his car and got a police officer's attention. she said being josey paid off. >> that could be your daughter or niece or it could be someone close to you. good. >> but the witness lashay burks honked her car horn to get the attention of the nearby officers. investigators are trying to determine whether the girl was the victim of a sexual assault, which is why we are no longer identifying her. >>> relief for another oakland family after their child disappeared yesterday for four hours. that was yesterday. five-

of the bull walls alternating d how columns are used for drainage provide nd others just passive ventilation. on my right, your left, you see some en it was installed of the chimneys of the capitol were captured within that used the hollow columns as a way to get that -- smoke ust out exhaust out. i have seen a couple of hotographs where he had the smoke billowing out at the oilerplate level and it is the chimney smoke that is coming out. ou can begin to really appreciate the beauty of the rotunda and the accomplishment adding this additional height to the space. the actual interior dome is not much larger than what bull finch would have had but his would have rested on the stone below where you see a of ecting cornice and band stone just above it. that is where the original dome would have sprung. so, we are now almost at the domeof where the bullfinch ould have ended and walters lifted that on additional drums to give height and light into rotunda. he here, everything above the sand is what was added as part ' addition. from the top of the sand stone balance laws trade -- predominantly s m

she remains on a ventilator at children's hospital in oakland. outside, the battle continues between her family and the hospital. chris sanchez has been at the hospital all day. >> reporter: hi there. we are working to confirm that the report that the state department of public health has launched an investigation into her tonsillectomy and what happened after that. we're also working to confirm that the hospital says that it is not going to be compelled to insert a feeding tube or even a breathing tube that the family wants to be able to move here. all of this happening outside of jahi mcmath's hospital room. her mother says inside things are very different. trying to keep things very positive and very normal for the 13-year-old they believe will wake up. they just painted her fingernails purple, her favorite color, because they want to make sure she knows they are expecting her to recover. all of this is happening as the clock is ticking. the family has a protective order keeping her on a ventilator until 5:00 p.m. on tuesday. the uncle has pro

children's hospital will be able to remove a high from the ventilator. >> : presumably all this will have to be done with the transfer and procedure prior to the it specialist at expiration date. >> : all sides. some conference after a long closed meetings to date judge hyde mcmath family spoke justine is live the family and the attorney spoke right here out some of the federal courthouse and said that today it is about clarity they not know what steps are needed to take and not take in order to get judge hyde mcmath out of children's hospital oakland to hyde's attorney has had conversations with both care facilities that are willing to take judge hyde and doctors are willing to do the procedure and the nagging and more details but that was positive that the blueprints for the next step judge hyde others spoke today that despite the progress that if all today the fight is not over. >> : she felt her children was sold for in they would shoot a keeper on the system she would let her go. but she'll see improvements every day i shall fight for her every day. she will always white for jud

there could be a legal battle because the family has fought to take her off of the ventilator. so perhaps they may not want to pay for the bill. i want to move out of the way here so you can see this memorial set up here. i spoep to a few of them earlier. that the fetus -- >> such a tough tough story. hundreds of passengers sickened aboard a screcruise ship. but first, comparing anything to nazis is never a about idea. we are talking about a venture capitolist and what he said that next. for aches and pains trust bufferin, the only non-steroidal anti-inflammatory pain reliever formulated with special buffers so it's gentler to your stomach. >>> time to prepare yourself for a fresh round of fiscal bickering in the nation's capitol. let's call it debt ceiling deja vu. it suspended the battle to february 7th. republicans and democrats are signaling job creation that legislation would raise the nation's borrowing limits. the white house says president obama wants a clean debt ceiling with no attachments. venture capitalist to nazi germany. let's talk about this with our two favorit

jahi was attached to a ventilator fwhout feeding tube. and the coroner released her body to the mom as per a court order. this case has sparked debate. jahi declared brain dead three days after procedures designed to help her breathe. the family rejected that saying that they believe she was alive and could possibly recover. they went to court to force children's hospital to keep her on a ventilator. now that she's moved this is critical for her recovery. >> what this family wanted was a chance, and i think that what's real important to understand is what this legal action was really about was about this girl jahi but about every parent in the united states who should have the right to make that choice. >> reporter: after she was moved the hospital released a statement saying in part, our hearts go out to the family as they grieve for this sad situation and we wish them closure and peace. jahi's uncle said that the move was paid for with online donations that top $49,000. reporting live in oakland, christie smith. >> the family has not re

placed on a ventilator and on a ventilator and on december 11th she was declared brain dead. the two sides reached their decision earlier in the day. >> by the terms of this stipulation, there's the possibility for jahi mcmath to leave the hospital. >> the family may ask for a extension if jahi hasn't been moved. nick smyth, abc7 news. >> at least 16 people have been killed in a deadly winter storm pounding the midwest and east coast. it's dumped up to two feet of snow in some areas and brought subzero temperatures. forecasters say bone-chilling temperatures will return tomorrow in the midwest where a polar vortex is expected to begin turning cold air in a wide area. according to flight aware.com, it also grounded 3500 flights in the u.s. yesterday and delayed 7,000 more. in the bay area, there were dozens of cancellations. at sfo, twelve departures and 14 arrivals were cancelled at oakland international. 8 flights canceled at san jose and another eight flights. we have more from sfo where niner fans are trying to make it a green bay for the game. >> milton and his friend, ke

the family wanted to take her off the ventilator.refused citing a little known texas law. we'll talk to erick and marlise's mom. about fighting to honor her wishes to die with dignity. farmer: hello, i'm an idaho potato farmer. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? >>> tonight, a "360" exclusive. for the first time, the family of marlise munoz is speaking out about the beloved wife, daughter and young mom they've lost and their battle to honor her wishes after she died. it took them two months, but they did honor her wishes this past weekend. now they're trying to find a way forward in their grief. they told me they want to make sure no other family has to go through what they did. in just a moment, you'll hear from her husband, erick and mother, lynn. first, a quick look back how

the body of jahi mcmath remains in the icu here on a ventilator. the family and hospital continue to square off in this legal case. >> court in three positions ruled this young lady dead. she's not coming back under any circumstances. that's a sad truth. >> we want children's hospital to help us or get out of air way. they saying they will not help us. >> reporter: the family late today petitioned the state appeals court for surgical insertion of feeding and breathing tube to allow the body to be transferred. the hospital argued surgery on a dead body is unethical. the family's attorney says the  girl died 19 days ago. but if jahi recovers, the hospital could be liable for ongoing medical costs and possibly millions of dollars. a hearing is scheduled in federal court a week from tonight. reporting live in oakland, ktvu channel 2 west. >>> terry schiavo health and network have come forth. she died in 2005 after more than a dozen court appeals to keep her on and off life support. this tragic case began on december 9th when jahi mcmath went in for ro

number one, who will pay the hospital bill for keeping a brain dead and pregnant woman on a ventilator against her family's wishes for months? hours ago, marlise munuz was released from all hospital machines. it's what her family wanted. brain dead since september, a x the tx hospital had been keeping her body on a ventilator to keep the fetus she was carrying. nick, what have you learned about who may foot that bill? >> reporter: that's the main question. that's the next question in this case, miguel. who exactly will pay for those medical bills encrewed by marlise munoz as she was on the ventilator since november 28th. we've learned she is insured by united health care. because of hip pa laws we don't know exactly what coverage she has. we have asked the hospital that question. they said because her husband has not signed the waiver to speak specifically about the unborn fetus or marlise munoz, they just can't answer that question officially. miguel? >> are texas lawmakers talking about possibly changing the laws out there to include cases like this? >> reporter: we know up until thi

the family then began a legal fight to keep her on the ventilator. the order to keep her on the ventilator ends tuesday at 5:00 p.m.. >>> a girl abducted outside her home friday night is said to be in good spirits after being reunited with her family. this man, douglas, is under arrest. he followed them home from a wal-mart store earlier in the day day. a good samaritan spotted him and recognized his car from information broad confident in an amber alert. she got attention and she said being nosey paid off. >> that could be your daughter or niece or it could be someone close to you. >> burks honked her car honey to get the attention of a nearby officer. investigators are trying to determine whether the girl was the victim of a vehiclessual acult, which is why we are no longer identifying her. >>> relief for another oakland family after their their son disappeared yesterday for four hours. his mother went to pick him up at the recreation center. a search party went block by block liking for darryl. he was finally found at a neighbor's house just befor

half the columns are drainage columns and the other half are ventilation columns. it would have been very odd to leave that cantilevered condition exposed to view so he created a skirt of iron work that makes that transition from the cantilevered skirt out to the rest of the roof of the capital. you can see the great condition we have been able to achieve with the restoration at this point. the skirt has been completely restored. lead-based paints were abated. iron work was repaired and new paint installed. in addition to that, we cleaned and conserved and repainted the original bullfinch stone walls and this ring of masonry that is seven feet thick that is the foundation for the iron work that extends above. so, these brackets, we only see eight feet of them now. there is an additional seven feet embedded in the masonry work and that acts as a huge foundation that supports the weight of the dome and transfers it evenly on to the stone walls below. here you get a good sense for the bracket cantilever beyond the old stone walls of the bullfinch drum and how alternat

getting her out of the hospital because she was still on the ventilator? >> well, all of the work that we've done over the last week in the course and hammering out the agreements let it go smoothly. we needed to get those agreements in place in order to make this happen. and i just want to correct one thing, children's hospital didn't release her. we took her out of there. >> okay. but a judge had cleared the way. everyone has said it would be possible. the hospital had agreed to release her, if you guys had a place it take her, correct? >> that's correct. >> okay. so did you know that this was happening today or did this all just happen at the last minute? >> well, it's been happening as we spoke, during the day. and we were aware that it might come together. but so many times, we've gotten so close and had things come apart, that we just kept our fingers crossed and it finally all came to fruition. >> and the place where she is going, they have no problem with her current condition and the way she is now, they are prepared for this? >> they are going to

the hospital remains under of court order to keep her on the ventilator until january seventh.he outpouring of support today to honor the little girl from livermore fighting brain cancer. inside the church of latter day saints more prayers were being given today. in the name of two and half year old delaney newton, friends and strangers give blood. three months ago she was diagnosed with the brings tumor. she's been through surgery, multiple rounds of chemotherapy and a lot of blood transfusions. >> she's had 14 transfusions between blood and play close since october and there's more to come. >> her family decided to hold blood drives as away to support the other children and families going through the same ordeal. >>> target gets another black eye, this time over gift cards. but is it really being overblown? what are your wrists? and happy new year. 2014 is been run in across various time zones across the world. and dry and mild weather will continue into the new year's and spare the air alert for wednesday. we will have a lot of what you can expect for the area. >> in europe

her common law husband fought to keep her on a ventilator to allow a fetus to jestate, but once they were able to show that woman was brain-dead, the court ordered that the ventilator be turned off because you should not be maintaining the life, so to speak, of a corpse. and i hope in this tragic case that something very similar happens tomorrow at that court hearing. >> mark, when you hear details about the judge, a republican, is it possible this could come down to politics or would politics be involved in this? you've said all along this is an offshoot of the battle over abortion. >> and that's always my fear is that somebody is going to read not the law but the political winds. by all accounts, the way that he was just described, sounds like somebody who should be, you know, if you believe what comes out of the right, a strict constructionist, if they read the law, this case will be done tomorrow. and let me just say one thing. i mean, you hear those words in that declaration, and shame on people who are putting this father through it. i mean, i hate to sound like a scold, but sh

the hospital kept her on a ventilator against her family's wishes arguing it was protecting the life of the unborn fetus. on friday a judge ordered the ventilator removed and saying they were violating state law. >>> a ship has been completely sanitized after a virus sickened about 300 people. royal caribbean furnished these pictures of the international explorer. it includes 281 or nearly 10% of the 3,000 passengers aboard the vessel. sick pass scrers come -- passengers complained of diarrhea and other symptoms. >> i caught it within the first 24 hours. the fever was going up. i realized when i couldn't keep a tablespoon of water down. >> officials from the centers for disease control boarded a boat in pew rare toe rico. the norovirus can come on to a ship in many ways including con tam neated water or food and -- contaminated water and food and even passengers sick before they boarded. >>> a quick-thinking 10-year-old girl is being haled a hero tonight. >> basically carrying him i think was the hardest thing i have ever done. >> the hardest thing and the most rewarding. a girl's li

. >>> a war of words over the teenage girl on a ventilator. her family's fight to move her out of oakland children's hospital. >> do you have any fingernails left? an emotional roller coaster ride for the 49ers faithful, the wild card finish with san francisco in green bay. >>> good evening, i'm kris sanchez. do you have a voice or fingernails? fans across the bay area have been yelling at their tvs at home and restaurants and bars hoping today would not mark the end of a great season but just the beginning of the playoff season. fans did get what they wanted out of this much anticipated rematch against the green bay packers. nbc bay area is in san jose with more on how niner fans cheered their team on at home. >> reporter: they do believe they played a big role. here are some of those fans. in fact, we are 2200 miles away from lambeau field but fans sent the team as much love and support as they could. it certainly paid off with a niners win decided by a single 33 yard kick, 23-20. the fans who actually made the trek to green bay had to brave

the hospital kept her on a ventilator against her family's wishes arguing it was protecting the life of the unborn fetus. on friday a judge ordered the ventilator removed and saying they were violating state law. >>> a ship has been completely sanitized after a virus sickened about 300 people. royal caribbean furnished these pictures of the international explorer. it includes 281 or nearly 10% of the 3,000 passengers aboard the vessel. sick pass scrers come -- passengers complained of diarrhea and other symptoms. >> i caught it within the first 24 hours. the fever was going up. i realized when i couldn't keep a tablespoon of water down. >> officials from the centers for disease control boarded a boat in pew rare toe rico. the norovirus can come on to a ship in many ways including con tam neated water or food and -- contaminated water and food and even passengers sick before they boarded. >>> a quick-thinking 10-year-old girl is being haled a hero tonight. >> basically carrying him i think was the hardest thing i have ever done. >> the hardest thing and the most rewarding. a girl's li

jahi mcmath has been on a ventilator at children's hospital oakland for three weeks from complications from tonsil surgery. a court order expires on tuesday. >>> transportation company uber say they are not too blame for a deadly accident in downtown accident on new year's eve. a six-year old died when hit by a honda s.u.v. in a crosswalk on tuesday night. her hour and daughter were critically hurt. this morning, police released this picture of the 57-year-old driver who identified himself as an uber driver and is facing vehicular manslaughter charges. uber denies it was an official trip and said we can confirm this did not involve a vehicle or provider doing a trip on the uber system. >>> a large board approved a revised contract settlement reached after two union went on strike. the board vote the 8-1 in favor of the deal negotiated regarding paid family leave. the new deal drops the clause granting union members up to six weeks of family leave. officials say it has been included by mistake. instead, workers will get extended leave and potential bonuses. union members will vote on th