tv ABC7 News at 12A on KOFY KOFY February 25, 2012 12:00am-12:30am PST
controversy over the released of these photos showing the sheriff's wife bruised and emotional. >> the sheriff himself is saying nothing about the pictures, but his attorney sure is. good evening. i'm dan ashley. >> and i'm carolyn johnson. 5* critical piece of evidence is now public tonight. >> the photograph is taken from a video of ross' wife. prosecutors claim they are proof of domestic violence. his attorney is furious about what you will see. thomas roman is here with the story. thomas?
>> reporter: they tell abc7 that the released of the stills is pure games manship and unconscionable especially since a judge has yet to rule if the videos were taken and will be admitted as evidence. it is crucial proof of domestic violence. these are stills lifted from a 50-second video taken from ivory madison. they are asking if they can show them during the domestic violence trial. the video also contains audio. in the district attorney's affidavit, the neighbor who reported domestic violence stated that lopez said her son cried "daddy made boo-boo on mommy's arm" and she completely burst into tears tears and was crying. >> i don't think it was appropriate to put out the photos knowing that we are litigating a motion as to whether or not the video was even admissible in the case. >> reporter: the statements and the video is hearsay. it made some 20 hours after
the incident allegedly took place. abc7 legal analyst dean johnson says california has an exemption to the hearsay rule. >> the physical abuse exception to the hearsay rule was designed precisely for situations like domestic violence and child abuse where the victim may not be willing, able or present to testify. >> reporter: for prosecutors the video is a crucial piece of evidence. the sheriff was in court and spoke after the judge delayed a ruling on the admissibility of the video until monday. the sheriff says he has been seeing his son regularly. >> he is the apple of my eye. >> how is he doing? >> he is great. >> she says her client is innocent and these photos won't change that. what they will affect is choosing a jury. >> the concern though is we have to pick a jury in this case within a couple days. and throwing those photos out there without context under the guys of attaching it to a motion, it is unfor
unfounate. >> he isn't surprised the prosecutors released the stills when they didn't have to. more and more attorneys are trying their high-profile cases in the media. >> thank you, thomas. five teenagers are under arrest accused of hurling rocks into homes and cars in a vandalism spree through livermore. it spread through the valley east neighborhood and throwing rocks. the crime wave took place early last saturday morning. no one was hurt, but one rock flew through a win doe and ended up -- window and ended up embedded in a wall near a child's crib. >> any injury as a result of their action res would have changed the dynamics. luckily no one was injured and no one was hole at the time the rock actually went into the house. >> detectives credit this surveillance tape and tips from neighbors in helping them make the arrests. they say the boys expressed regrets over their actions.
are you about to see video only on 7 and video we convinced police they needed to watch. it shows a man stepping out of his car and opening fire in the middle of the street. am ma dates is -- ama dates is live with the video and the story. ama? >> reporter: dan, the man who gave us the video set up the cameras about two years ago when it was broken into. he was hoping to catch who ever did it when they came back. this week he caught a shooting. >> he pulled out a firearm and fired a shot in the air and then three shots down the street. >> reporter: this oakland shooting was caught on surveillance video. it happened on wednesday morning . the cameras belong to a resident who doesn't want his identity known. he was home when it happened. >> i heard several loud reports that sounded like gunshots. >> reporter: when he realized his shooting he called oakland police. jay i offered -- >> i offered him the video and told him how to get in touch with me. i didn't hear anything from
him. i up loaded it to your website. >> reporter: i got in touch with police and a few hours later detectives came for the video. >> i just want to make them stop shooting. >> reporter: oakland police have been working nonstop and responding to at least nine shootings in the last three days. just today there was another daytime shootings. this one was on holly street near 99th avenue. >> it went through the couch and the screen door. it hit some bottles that was on the counter. >> reporter: two bullets pierced tamara's screen door where two young children often stand during the day. >> the babies have been at the screen door because they like to watch people go by. i said come on, come away from the door. let's sit down and put the socks on. the socks are what saved him. there are two bullet holes in the screen door at head level. >> reporter: police arrested the man they believe is the shooter and investigators marked at least 10 shell casings in the driveway and sidewalk in front of the home. each bullet adding to the anger of oakland residents.
>> people are running around shooting guns in the streets. >> reporter: the detective pulled the police report for the shooting on 63rd street and he says a neighbor heard the shots and called police. as they were investigating, they talked to a witness who said they had a gunpointed at them, but they refused to press charges. as for all of the violence that has been happening over the last couple days, police believe that some of it is due in part to a gang turf war. ama dates, abc7 news. >> speaking of that turf war, the shootings come as a superior court judge issued a preliminary injunction against 40 gang members in the fruit veil district. it covers two square miles and 400 city blocks and prohibits gang members from selling drugs and threatening witnesses and carrying guns, among other things. >> after a frustrating day for travelers, everything is back to normal at san francisco international airport after a bomb scare disrupted the delta flights all afternoon. terminal one was evacuated
when an elderly woman could not identify a cannister that showed up in a scan of her carry on bag. she said she was driven by an iranian cabdriver. they used a robot to examine the can miss sister that turned out to be a bottle of oxygen. >> everything shutdown. of course the people that were through they forced them to the gate quickly. the people not through they forced them out the door quickly. >> terminal one was closed for about two hours with delta airline delays rippling across the nation. muni is reviewing its maintenance procedures after one of the buses sent a piece of equipment flying into an office. it happened in the financial district around 6:15 last night. the projectile is a piece that connects the bus to overhead wires, but it got caught in the wire and went flying. the head of security at berkeley high school has been arrested on suspicion of identity theft. he gradges -- he graduated
from the school and has written the school's safety and security manual. he is on administrative leave tonight. super bowl quarterback and san mateo's own tom brady remembered the coach who helped him and many other athletes fulfill their dreams. they gathered to say goodbye to tom martinez. he etch co-ed -- he coached promising athletes like brady. martinez died of a heart attack while undergoing kidney dialysis on tuesday. martinez started coaching brady when he was 12 years old and their partnership continued into brady's nfl career. one quick swipe. that's all it tax to grab all of the personal information off your driver's license. michael finney on whether stores should be doing it. >> and another run for nike. the $220 shoe that sparks the rush. >> and not quite out. an update on the napa valley wildfire. ule of -- all that have is coming up and then on
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show your id for certain transactions, but what is more uncommon is to swipe your id into a computer jie. and it is making people nervous. what is happening to all of that information 1234* michael finney is here with a special report. >> california law says it is illegal for businesses to swipe your driver's license and store the data. but there are plenty of exceptions to the rule. now more retailers are capturing personal information with a quick swipe through one of their machines. >> there's hundreds and hundreds of seed beads. >> she makes unique crafts like these bottle ornaments. >> making a part-time living with that. >> which is why she shops often at the michael's craft store chain. at least, until she had a troubling encounter. >> they asked me for my
driver's license. >> mitsy was returning these lights that didn't fit the bottle. they only cost about $3. but michael's said she would have to swipe her driver's license to return them. >> they said they needed me to take it out of my wallet so they could swipe it on their computer. it just didn't feel right to me. >> she had a receipt, but michael's said it was store policy. no swipe, no return. mitsy said for $3 it wasn't worth it so she kept the lights. >> the driver's license has a lot of personal information. aside from my name and address it has my birth date. >> the national retail federation says about one-third of retailers make you show an id to return items. some of them swipe the card and capture the information off the magnetic strip. stores like target and the children's place will scan your license, but only if you scan items without a receipt. michael eats -- michael's requires a scan even with a receipt and so does victoria's
secret. we checked it out. sure enough at victoria's secret they ask for her license and scans it into the machine. we go to michael's and return some glitter glue and again the license is swiped behind the register. in both cases the clerk could not tell us exactly what happens to that data. >> all of the information that you are handing over ends up in a big database which you then lose control of who gets access to that database. >> those retailers say the id information is sent to a company like the retail equation which analyzes data to detect potentially fraudulent returns. is the swiping legal? the attorney general's office says yes. california law does set limits on swiping and storing information. the retailers may capture your license data if it is used to prevent fraud. they must also post all conditions for making returns in the return policy. >> it is in an effort to control losses. they reduce the unnecessary price increases for legitimate
consumers. >> they say the stores lost $14 billion to fraudulent returns last year alone. some examples, consumers who buy items and use them once and then return them. even worse, career thieves use the fake id's and the credit cards to buy merchandise and return it for cash. >> the problem with a policy like this is it treats everyone as a potential criminal. >> fewer than 5% of the returns are dishonest. michael's declined an on camera interview, but they say it is only to stop abuse. they said michael's return policy is in compliance with california law and has posted in our stores and on our website. victoria's secret also gave a statement saying our return and exchange policy is designed to decrease return fraud while safeguarding the personal information. >> unfor the senately the law -- unfortunately the law has a lot of exceptions in it. exceptions that allow any
business -- any business to swipe your driver's license. >> reporter: our investigation caught the attention of congresswoman jackie spear who wants tougher controls over the data collection. >> they shouldn't have access to the information on the magnetic strip. that's very dangerous. >> we will continue looking into the story. we will look at what the state assembly man have to say about the laws on driver's license swiping. they want to look at protecting consumers for mandatory swiping to conduct normal business. >> interesting. >> thanks michael. smie malls coast to coast needed police protection ahead of nike's released of the newest basketball shoe. deputies in riot geep -- gear moved in when the fans got unruly. it retails for $220 and goes for more on-line. one pair is listed on i bay by the way for -- on e bay by the way for a thousand bucks. firecrews hope to contain
a brushfire that raced through a napa valley canyon by tomorrow. a cal fire helicopter spent the day putting out hotspots on atlas peak. it started as a controlled burn, but the wind gusts and the embers of the fire quickly spread. authorities haven't decided whether charges will be filed against those who started this controlled burn on a vineyard. >> that weird february fire caused in part or fanned in part by the warm weather and the wind yesterday. but the weather is going to change a little bit. >> we had a lot of strong winds tonight. sandhya patel is here. >> carolyn and dan, it is still windy out there. i will talk about the winds in a moment. i have live lop deer 7hd up -- doppler 7hd up. some of the light rainfall has made it down to eye kaya. ukiah. don't be surprised if you run into a few sprinkles as the weak cold front is coming through. temperatures in the 50s. napa is reporting 49. here are the winds that carolyn was referring to. gusting to 30 miles an hour
out of the southwest at fairfield. 31 at sfo. look at santa rosa. napa 28 miles an hour. what is significant about the wind is it switches direction. we are seeing a westerly wind that is an on shore flow. so today's temperatures that were in the 60s and 70s are going down. they are going way down as we hit the weekend as the on shore flow continues to ramp up. partly cloudy tonight and locally windy. cooler and breezy for the weekend. there is a slight chance we will see a few showers sunday night into monday morning. here is the cold front that is producing the very light showers and sprinkles around ukiah. as the front goes through, like i said don't be surprised if you see some sprinkles in the overnight hours or drizzle. much cooler weather is expected this weekends as this cold trough out of the gulf of alaska reinforces the cooling as we hit the weekend. so the temperatures are coming back down to february normals. as we look at the afternoon on sunday i want to show you what is going to happen. the computer model shows you
cloud cover on sunday afternoon. we start to notice a few showers developing on sunday evening. as the night goes on snow could be falling around the monterey -- the southern monterey county mountains and the san benito county mountains. snow levels coming down to 2500 feet. so it is a cold system that is coming through sunday night into monday. although it is limited in moisture it may produce some light showers for the bay area. it will bring the possibility of snow to the sierra nevada during the time period, and i really have to tell you that the sierra needs the snow. it is just to show you how far behind we are. statewide snowpack is 30% of average. these are the specific areas. a year ago we were at 121% of normal at this point. so way behind. we are way behind in terms of rainfall. temperatures in the mid30s to the upper 40s as we head into the morning hours. tomorrow afternoon it is
cooler, noticeably cooler. mid50s around the clear lake area and upper 50s along the coast. most other areas in the low to mid60s. breezy and cool and 59 in monterey and 66 inland in gilroy. the accu-weather seven-day forecast considerably cooler, breezy this weekend sunday night into monday morning could see some light showers. better possibility of seeing rain tuesday into wednesday. so gone is the record warmth. back to february winter weather we expect to see, but not as stormy as we would normally be. oscar sunday is just two days away now, and at our exclusive website, oscar.com you will find party planners, photo galleries and a lot of oscar history. >> our coverage starts at 12:30 and red carpet arrivals at 1:30 and the show starts at 5:00. cold play will perform on a special jimmy kimmle live. >> and join conversations on
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goes on the market next week. redwood city will market this new test to analyze fetal dna on a mother who is 10 weeks pregnant. the blood test can identify several chromosome ab nor mall tees including down syndrome. the new test will cost $1200. it is an alternative to amniocentesis that uses a needle to draw the am knee jot particular fluid from -- the am knee jot particular fluid from the womb. you can actually taste the linsanity. it is a new ben and jerry's ice cream. it is vanilla and honey swirls. the first had fortune cookie bits, but after backlash they were replaced by waffle chips. >> can't wait for some linsanity yogurt. if it is light i am in. it was a rising stars challenge.
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makes it easy for anne to view her finances from anywhere. like gate d12 for the next three hours. citibank for ipad. easier banking. standard at citibank. manny ramirez reported to the camp. are the athletics getting the manny of old, or an old manny. they seemed to play hard only when they felt like it. ramirez quit on the red sox, dodgers and the rays. that's why they were able to sign him. there were no other offers.
manny will have to serve a 50-game suspension for a drug test, but claimed he learned from his mistakes and is craving one last chance. >> you know, sometimes you hear and you don't appreciate what you have until you are about to lose it. that's what happened to me. so you have to reflect and look back how was your life, and you want your life to end that way and i'm just happy i found god and i am ready to go. >> ryan had his positive drug test thrown out on a technicality. whether you believe he is innocent or guilty, he is correct when he ridicules his supposedly none muss testing system. he continues to claim he is not juicing. >> i truly believe in my heart and i would bet my life that this substance never entered my body at any point. everything i have ever worked for in my life is called to question ae