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tv   CBS 5 Eyewitness News at 5PM  CBS  April 7, 2011 5:00pm-5:30pm PDT

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all the other things she's done. >> the boys have been convicted in the court of public opinion for a long time now. and this was a pretty good spanking that the plaintiff got. and i think it was appropriate. >> reporter: the plaintiff, 17 at the time, claims she was attacked by a group of baseball players while intoxicated. her lawyers, seeing $5 million in damages against two of the players. the woman's lawyer, standing by her client as she left the courthouse in tears. >> you know, we're very proud of our client. she is a wonderful person. thank you. >> reporter: the case gained national attention. the three were honored by the city council back then. they took the stand in her defense. but in the end, the jury said it was about all of the evidence before them. >> there were times where there were many emotions. we all had our emotions on certain parts and pieces that
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we had to make decisions on. but bottom line, ultimately, it was the law that we followed. >> reporter: a different reaction from juror number 10, who still believes justice wasn't served despite being part of today's verdict of no negligence. >> a 17-year-old girl made a mistake but these guys should be held accountable. these guys were animals. they took advantage of a very young girl. >> reporter: in this civil trial the plaintiff will not receive damages and might have to face paying the legal fees for the two defendants. and really, there are no winners in this case. the defendants' parents say their sons have been portrayed in a bad light the past four years in the media. the plaintiff is a single mother who now allen and elizabeth may have to pay legal fees hers and the defendants'. and really for the jurors, they say it was an emotional experience for all of them all around. >> you were saying because it's civil, it didn't have to be unanimous on the jury. >> reporter: it wasn't a
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majority so you heard one of the jurors, juror 10 say, you know, he really didn't believe it. but they had to follow the law. and it was a majority decision. >> all right. juliette goodrich, thank you. a legal twist in another high-profile case. phillip garrido the man charged with kidnapping jaycee dugard and holding her captive for nearly two decades entered a not guilty plea in court today. jonas tichenor in placerville with the impact of the surprise plea. >> reporter: going into today's hearing, there was an expectation. >> you promised us he is going plead guilty. i said unless there was a hitch. so now there's a hitch. >> reporter: that hitch discovered just last night. there was a plea by the garridos, both not guilty. the reason, a defense technicality regarding last september's grand jury. >> a judge goes through and does a selection process of the grand jury and it's not at all uncommon. it's typical and routine in this county and every other
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county the defense would file a motion challenging that process. >> reporter: even more drama over nancy garrido's attorney stephen tapson and his characterization that a guilty plea was forthcoming from phillip garrido. >> miss gellman is probably short of chortling since i'm the one that released the yellowjackets at the picnic. >> mr. tapson should have never done that. that was the wrong thing and it was inaccurate. >> reporter: but the good news for the district attorney is timing describing this case as moving glacially, there is at least pleas from both defendants and the possibility of a trial. >> we are relieved that the court essentially is setting specific dates, a specific trial to be held this summer, if that's necessary. >> reporter: a tentative trial date has been set for august 1. when asked about whether there might be a guilty plea down the road or some sort of plea deal in the works, both defense attorneys say there is currently nothing on the table, although all the attorneys here agree that they would prefer to
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see this not go to trial. reporting in placerville, i'm jonas tichenor, cbs 5. jaycee dugard and the daughters she had while she was held in captivity may have to testify. from the beginning, dugard has requested privacy and not attended any court hearings. the next court date set for may 5 and the trial august 1. in the barry bonds trial today, both sides made their last pitches to the court and the slugger's fate is now in the hands of the jury. joe vazquez on today's closing arguments. joe. >> reporter: elizabeth, the prosecution just wrapped up their case about an hour ago telling the jury that bonds claiming he didn't do steroids or didn't know about it is like a teenaged boy coming home staggering and saying he didn't know what was making him stagger and that he had -- perhaps has a can and didn't know what's in the can, claiming it's coca-cola and claiming the bartender dosed him. the prosecution says that's not
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plausible. >> reporter: the trial ended with assistant u.s. attorney jeff nedro making one simple statement about barry bonds. "all he had do was tell the truth. he continued his closing arguments laying out the case against bonds saying the greatest baseball hitter of his generation lied to the grand jury in 2003 because he was hiding a powerful secret that he was using steroids. in order to prove perjury, remember prosecutors have to prove bonds lied when he said he didn't know that the cream and the clear and other substances given to him by his trainer greg anderson were steroids. they also have to prove that someone other than medical personnel injected bonds. nedro told the jury they have direct evidence of that with kathy hoskins testifying she saw bonds getting injected by trainer greg anderson. and also, circumstantial evidence with kathy's brother steve claiming he saw bonds and anderson disappear into a room and anderson later come out holding a needle. the defense fired right back
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saying, all the government's witnesses were unreliable. bonds' attorney allen ruby said of kathy hoskins that blood is thicker than water meaning she was standing by her brother. she loves her brother and her brother was in a bad spot, unquote. >> reporter: and the defense went on to tell the jury that it is plausible that bonds believed his friend and personal trainer greg anderson and didn't know that he was being given steroids. and then they went on to talk about the physical characteristics about steroids, they say the government did not prove that any of that is scientifically proven and finally, they talked about barry bonds' head size saying that that's part of the mythology about this case and that history is replete with examples of people being demonized talking about, you know, how characteristics, physical characteristics, are associated with criminals. the defense went on to tell the jury that that is bunk and they should not believe it. reporting live from san francisco, joe vazquez, cbs. for the first time we are
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hearing from witnesses who saw brutal beating of a giants fan at dodger stadium. dolores donnellly and joe logano said they tried to intervene for bryan stow last weekend. the two called 911 and said they helped care for stow until paramedics arrived. they call the attack sickening. >> i'm yelling at him, you know, get off of him, get away from him, and at that point he tried to again punch him but he was so inebriated that he basically almost fell over, looked up at me and kind of came towards me. but i think at that point, he realized that there were a couple more people behind me and his friend, the other thugs, decided to pull him back and they started backing up. >> stow remains in a medically- induced coma. and today, the mayor and police chief of los angeles announced they plan to dramatically beef up police presence at dodger stadium during games. the dodgers have put up $25,000
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to the reward fund. they plan to hold a collection drive at dodger stadium this weekend for stow's family. the giants will dedicate their home opener tomorrow to bryan stow. high winds caused a bit of a scare on a busy bay area boulevard. >> yeah. a hotel sign came loose threatened to crash down on the street below. now, this is the holiday inn at van ness and california in san francisco. the sign on the corner of the building came loose. it was dangling for a time. crews managed to get some tables wrapped around it and strapped it to the building. the sidewalk below that sign closed, though, just in case. just in case. >> all right. let's check in, robert lyles with a look at how high the winds have been going. pretty gusty right? >> significant winds as a matter of fact. we saw 50-mile-per-hour gusts at mount diablo. they are now seeing sustained winds at 10. in san francisco, where we saw that sign dangling, wind gusts recorded at 44 miles per hour. now sustained at 36. so still quite breezy out there with temperatures in the 50s in all of those winds, it's feeling colder. what's going on?
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the upper-level low that's been pushing through bringing some of that shower activity that we saw. it is squeezing together the pressure gradient as they get closer together we continue to see those winds. we'll see breezy gusty conditions throughout the evening and then it looks like we are going to have a change. how much of a change, i'll tell you about that coming up in your pinpoint forecast. back to you. >> thank you. panic all over again after another strong earthquake rocks tsunami ravaged japan. >> and it's been a haven for squatters for years. how neighbors have fought back and what will happen next to oakland's abandoned navy hospital. and so every morning, i have looked for her on that same muni line thinking, oh, god, am i going to have to deal with her? >> caught redhanded. a muni driver texting while behind the wheel. but it's what happened after riders complained that may have cost the driver her job. ,,,,,,,,,,,,
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more nuclear power plants, and triggering a tsu vastated in another powerful earthquake has rocked japan shutting down two more nuclear power plants and triggering a tsunami warning in the same region devastated in last month's quake. this 7.1 magnitude quake struck off the coast of miyagi 41 miles from sendai, the area hit
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hard by last month's 9.0 earthquake. it ripped holes in roofs, knocked down buildings. buildings as far away as tokyo shook for a minute. the damaged fukushima nuclear power plant did evacuate workers but reported no new damage or any injuries. japanese authorities did issue a tsunami warning, however it was lifted 90 minutes later. the latest aftershock follows that 9.0 quake and tsunami that killed 25,000 people. an explosive end to the oak noel naval hospital is scheduled for friday. what's become a symbol of blight and neglect will come down in a cloud of dust. it's located in oakland east of 580 near mountain boulevard. christin ayers talked to neighbors who are more than happy to see it go. >> reporter: elizabeth, the old naval hospital behind me is right now strapped with about 800 pounds of dynamite and in less than 18 hours it will be a
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pile of rubble. neighbors told me it's about time. >> have champagne and caviar. >> reporter: at noon tomorrow, don mitchell, his wife and friends will celebrate the end of an era. the moment when the oak knoll naval hospital finally falls. >> our biggest concern was the fire hazard and the attraction to the criminal element. >> reporter: it was a refuge for naval develop veterans like milton kelly who lived near it for nearly four decades. >> both my sons got married at the officers club. >> reporter: but the navy left in 1996 and by the time sun cal bought it 10 years later the hospital looks like this, graffiti on the walls asbestos inside, copper wire hanging from the ceiling. >> the building was in bad shape. the building was full of squatters. >> reporter: sun cal was all set to tear it down until their partner, lehman brothers, went under, abandoning the project in bankruptcy. >> left the property in such
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disarray. they were criminally negligent. >> reporter: it wasn't until mitchell and neighbors banded together to force lehman to pay more than $7 million needed to clean the place up. >> it's been a long hard road. but we'll be glad to see it come down tomorrow. >> reporter: now, sun cal wants to build some mixed use housing along with some retail here. but it's unclear when that will actually happen. there is no timeline and there is still a lot of planning to do. neighbors say it could be years before they know what will go up here. live in oakland, christin ayers, cbs 5. >> coming up next, you hate getting those spam text message? >> i think it's really annoying. >> how to end them. and got a craving for caffeine? how that urge to refill your mug could be wired to your genes. wind gusts of 50 miles per hour and now a severe thunderstorm warning is in effect for fairfield. there is even a potential of frost. who is going to see it? i'll tell you much more coming
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up in your pinpoint forecast. hey marcel, watch this!
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be fired. this happened on the 24 divisadero line back in muni is recommending that a plus driver caught texting while driving a bus be fired. it happened on the 24 davisidero line in february. a passenger captured the incident on a mirror with his cell phone. shawn higgins says he confronted that driver about it, then she threatened to never pick him up again and kicked him off the bus. >> sat down across from us and basically said -- started filming us on her iphone and said i'm going to show you, you know, you want to be videotaped, i'll videotape you. all you people are crazy. you don't know what you're talking about. >> the driver was suspended for three days. she is back on the job now. but muni apparently has not really decided yet whether to fire her. well, if you have a cell phone, speaking of cell phones, chances are you have received
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one of those annoying spam text messages. on the consumerwatch, julie watts explains how to make them stop. reporter: >> it's like spam basically on your cell phone. >> reporter: and those unsolicited texts have consumers complaining. >> it's annoying. >> random. >> reporter: they offer cards, cash, gifts cards, signing readings. >> like it's a friend but it's a business. >> reporter: business is booming for text spammers. >> they are learning there is a new avenue for people to communicate, a way to sell things, to get out advertisements. >> reporter: and cnet's kent german says spam by phone has skyrocketed in the last few years. >> anytime you enter your phone number and you buy something, you enter like a political donation or anything like that those sources can sell your phone number. >> reporter: and unless you have an unlimited plan, you may get charged for the spam. >> the law in california says you're not allowed to be bombarded with spam text messages. and that's because most people end up paying for them.
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>> reporter: consumer advocate harvey rosenfeld says text spam violates california law and you could recover fees in small claims court. but it may not be worth your time and there are some exceptions. the law doesn't apply if you gave consent or if you're offered and opt out like text stop to stop. experts say this option should get legitimate companies to stop their spam but they also warn, think twice before replying to an unknown number. >> the minute you do reply to an unfamiliar number, then the person knows that that number is active. if it is a legitimate advertisement, you send stop they should stop sending you messages beyond that. >> reporter: if that doesn't work, at&t, verizon and sprint all have free online options that will allow you to block specific numbers. and there are other options as well out there. and for more, you can go to our website,
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all right. thank you, julie. >> mm-hm. >> let's go to robert lyles with the weather and we had a little action out there with some thunderstorm warning, didn't we? >> we did have wild weather as a matter of fact. as we put high-def doppler radar into motion, we see that there was a severe thunderstorm warning in effect for fairfield and around napa by the national weather service. that just expired about five minutes ago. you will still see some rain activity out there. so be careful. it has been wild day of weather all day. we have seen hail around the bay area, particularly in the south bay. we captured some of this on i- 80 a driver sending us this image traveling down i-80 earlier today. if you were in jack london square, quite a blustery day today. temperatures in the 50s be with all that wind out there, it felt a lot colder. now, while the sun did come out, some parts of the bay area were spared some rain. but with the sun and warmup that triggered the thunderstorm activity. as we look at what's going on,
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partly cloudy and a few showers still expected inland. at the bay and coastline, as you saw from that video, we're already seeing clearing skies. temperatures from the upper 40s to the low 50s, that's what we expect throughout the day today. it's going to get cooler overnight because of that low pressure system that continues to move into our area. and as it does, it's going to bring the potential of frost particularly to the north bay. so that's something certainly to watch out for tonight. this has been the weather story all day today. much of the rain activity that pushed through the bay area earlier today remains in the central valley. as we saw with that potential of thunderstorm activity, it's all pushing to the south and east. high pressure, however, behind it and it is building in. as it does it brings us a forecast for a fantastic weekend. all the rain is effectively going to move out of our area. because there is no cloud cover out there, that's why we see the potential of frost particularly for the north bay. santa rosa overnight
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temperatures chilly 34 degrees. 38 concord. 41 oakland. 42 for san francisco. and it won't warm up all that drastically tomorrow. temperatures largely in the mid- to upper 50s. we might see a few 60s eked out. but not all that drastic. 63 for fairfield. friday still looks like a cool day on tap. but the weekend is where we expect to see a much more impressive return to seasonal averages. 70 degrees in the warmest of areas. check it out for monday, there is a chance for more clouds and a slight chance of rain. elizabeth,allen, back to you. >> thank you. your craving for caffeine may be in your genes. some people tolerate it better. researcher identified two genes in your dna that break down caffeine in the liver. so if your liver breaks it down faster, you probably drink more according to the national cancer institute report. ,,,,,,,,,,,,,,,,
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obama and congressional leaders is just getting underway as the federal government inches closer another meeting between president obama and congressional leaders just getting under way as the federal government inches closer to a partial shutdown. unless a deal can be reached before friday at midnight, government services across the board will come to a grinding halt. president obama says he is hopeful for a deal but there is still a lot of distance between democrats and republicans. >> we continue to have productive conversations. you should all know they are
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polite. they're to the point. but there is no agreement on a number of -- no agreement on the policy issues that are contained with this. >> i'm disappointed we haven't been able to get something done to this point. but i am pleased that we're still working on getting there. >> republicans voted thursday to pass a one week extension which would also fund the military until the end of september. the white house says it will veto the bill. if the shutdown happens it would hit california hard. tens of thousands of federal workers will stay home without pay. national parks including yosemite would probably close. the irs would shut down in the middle of tax season. and tax refund checks wouldn't be issued and new applications for passports and visas are not expected to be processed. celebrity chef guy fieri has a new car to replace a bright yellow lamborghini that was stolen from a san francisco car dealership and the new car,
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a bright yellow chevy camaro convertible. his lamborghini similar to this one, it was his -- his was yellow -- was stolen from british motor cars dealership on van ness on march 8. the thief rappelled from the roof of the building and drove the car out the door after he cut the lock. surveillance video captured images of the car driving across the golden gate bridge and through tiburon and it has not been seen since. >> it took off big parts. >> speaking of wheels, how much are you willing to pay for a bibby stroller? would you pay $1,500 for a baby stroller? some parents are paying that much. it's called the bugaboo chris bugaboo donkey. it has luxury features. one store told us they sold out of their last shipment in 24 hours. and 100 more are on the waiting list. ,,,,,,,,,,,,,,,,
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connects oakland police officers time, it affecte coming up


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