i emphasize what wendt wrong in the trial of the late senator ted stevens. we're going to hear testimony from henry schuelke or i understand he just goes by hank. is that correct? the special counsel appointed by judge emmet sullivan to investigate allegations. the federal prosecutors in the state in this case engaged in intentional prosecutorial misconduct by not sharing expull paer to evidence with the defense. in fairness, i would note his report is the accompanied by lengthy rebuttal admissions on behalf of those investigated which challenge the evidence of intentional misconduct. this is a prosecution that took place before the election of president obama. and before his appointment of attorney general holder. in fact, it was attorney general holder who decided based upon his own review of the matter to seek to dismiss the indictment and with drew the case after the jury's guilty verdict. and the justice department has also taken recent steps to improve its training of prosecutors and as the senior official dedicated to this purpose, the attorney genera

and so every month he told them, i wendt and got the christianson builders invoice. i checked it to make sure it was accurate based on my observations of what their people did. then i took it to the front office at veco to give to bill allen or his secretary if he wasn't there so that my time, that of dave anderson and othero the christianson builders bills before they were sent to the stevens for payment. that was rocky williams account. that was his understanding. his understanding was all together consistent with that of senator and mrs. stevens. had rocky williams testified as a government witness as the plan was originally, that's what he would have testified to. >> that would have made a difference in the trial? >> first of all, i believe that that anticipated testimony from rocky williams directly corroborated senator stevens' defense. i believe that it may well have affected the outcome of the trial. >> and so this is a fairly serious, well, it is a serious allegation. did you provide the report the subjects of your investigation before it was finalized in or

the s&p also wendt above 1400. -- went above 1400. the dow is up 59 points to 13,253. the nasdaq is up 16 to 3,056. >> apple stock, one day before the new ipad goes on sale, stock topped $600 per share. it later lost and closed at $586. last month it topped $500 a share and morgan stanley is predicting the stock could hit a thousand dollars a share at some point. the ipad goes on sale tomorrow. although it is already selling in other countries. >>> demonstrators are calling for an tend to the war in afghanistan. they are gathered right now on market street and this is a live picture of their gathering. you don't see too much action outside of people standing with signs. at this point organizers called for this demonstration in response to the recent massacre of civilians in afghanistan. they want an immediate withdrawal of all u.s. and nato troops. afghan president met with u.s. defense secretary leon panetta today and he is calling for a troop withdrawal. the discussion was focused on the massacre and burning of qur'ans. he said nato should pull troops out of rural ar

the school wendt into lock down. for the most part all students and staff have gone home but there are day care students and office staff still there. again the school, east avenue middle school is on lock down. we are sending a crew there. if the situation changes or we get more information we will bring it to you right here on ktvu channel 2 news at 5:00. >>> the attorney representing the wife of san francisco sheiff ross mirkarimi was furious today after a judge ruled against several motions. ktvu's david stevenson tells us what the rulings means and what happens next. >> reporter: today's set backs for the lawyer representing ellana lopez, mean as set back for ross mirkarimi. >> reporter: ellana lopez remained quiet today as her attorney took on the prosecutors trying ross mirkarimi for domestic violence battery. ross mirkarimi and ellana lopez denied he abused her december 31. her attorney argued that statements ellana lopez made to her neighbor fall under attorney client privilege and shouldn't be used. she sai