tv KPIX 5 News at 11pm CBS December 22, 2014 11:00pm-11:36pm PST
live from the cbs bay area studios this is kpix5 news. mountains. tonight her lawyer says she's dead.. fr ought a woman went shopping at this safeway in the santa cruz mountains and tonight her lawyer says she's dead from eating something she bought there. good evening. i'm elizabeth cook. >> i'm allen martin.
betty yu is in felton with details about a lawsuit filed today after the 81-year-old woman died. a package of wrappe expects to die fro >> reporter: we know this is the first wrongful death lawsuit filed in this listeria outbreak and this is the safeway where the elderly woman bought the candy apple. her lawyer says the illness was completely preventible. all linked to the same identical strain. listeria can affect children, elderly people and those with systems. federal hea shirlee frey ate the prepackaged carmel apple and over the next week began to feel very, very sick. >> nobody buys a package of wrapped carmel apples and expects to die from that. >> reporter: the complaint states on november 6th due to weakness and instability related to her illness mrs. frey fell and hit her head. doctors thought it was a brain bleed, so she had surgery at stanford and was discharged the next week. she recovered at a rehabilitation center, but by thanksgiving she could not be
awakened. on december 2nd doctors determined that she had been infected with listeria. she died the same day. >> this is someone who lived a long productive life, had a very close night family and they're absolutely devastated. >> reporter: 28 other people from nine other states have been infected with the outbreak. five people in total have died. all are linked to the same identical strain. listeria can affect children, elderly people and those with weakened immune systems. federal health officials have not identified which stores, brands or manufacturers are connected to the outbreak. >> this is the beginning of the investigation. they know safeway sold this particular product. they now have to trace it back to the source. >> reporter: safeway gave kpix5 this statement tonight. "we are aware of the issue and have proactively removed the product from sale in our stores. however, we are currently not aware of any illness tied to
items purchased at our stores." now the cdc and fda are asking everyone to avoid eating all prepackaged carmel apples until they get more specifics and figure out the source of the contamination. live in felton betty yu, kpix5. >> the cdc says 260 people in the united states die from listeria every year. the san jose fire department evacuated a fire station because of mold. rking out of tonight we saw firefighters moving equipment out of station 16 on south king road. crews are now working out of other stations until the department can clean it up and make sure it's safe for firefighters to go back. late today we learned new details about the allegations of sexual assault against former 49ers defensive lineman ray mcdonald. sharon chin went through the court papers tonight. swimming >> the last thing the woman remembers is that they were drinking that night and she fell near his swimming pool. seattle. court papers say, "she remembered being out by theo
he fell and hit the accuser told police she stayed the night here at ray mcdonald's san jose home. she met him at a bar after the 49ers lost to the seahawks in seattle. court papers say she remembered being out by the pool when she fell and hit her head on the ground. she stated she woke up the next morning naked in bed with mcdonald. she asked mcdonald what happened and he told her that she was just tired, so he let her sleep in his bed. the next day the two stayed at his home and drank vodka and cranberry juice with fellow 49er aldon smith. when the accuser went to the police she complained about their encounter. mcdonald wrote back i don't understand why you're bothered. you chose to stay with me another day. he texted that she came onto him and advised her to get the morning after pill. university of san francisco law professor bob talbot says that the exchange accomplished its purpose. >> it looks a little bit
sleazy. it looks like the prosecution or the police department is overreaching a little bit, but they did get the admission from him in that text that there was sex. >> reporter: talbot also said the fact that the woman stayed the next day could hurt her credibility, but ultimately the key question is whether the two had consensual sex. >> if she's credible about being unconscious, she said she didn't even know that there was sex and doesn't remember consenting and there's some kind of physical evidence from the hospital to back her up, that might be enough for the district attorney to win. captur ident with >> reporter: court documents say mcdonald told officers he captured the whole indent with his accuser on his home video system and had it on his bedroom dvr. san jose police are still investigating. no charges have been filed. sharon chin, kpix5 news. right now police across the bay area and the country are on high alert after the murder of two officers in new york city. al
lawmakers are >> tell the officers to be aware of their surroundings. certainly don't go anywhere by themselves. back each up and error on the side of caution on everything to make sure we're safe. it's not true that every time an officer puts on his or her uniform you don't know what you're going to draw that day. >> in new york tonight several lawmakers are calling for bulletproof glass in all police car. they want to make sure what you're about to see never happens again. >> this is a confirmed level 2. this is not a drill. >> amateur video captured the frantic scene as paramedics desperately tried to save the lives of officers wenjian liu and officer ramos. the officers were shot multiple time at close range through the window of their marked patrol car on saturday afternoon. aski ned to prot >> they were quite simply assassinated, targeted for their uniform. >> officer lose was a seven year veteran of the force. he got married two months ago.
>> this is a difficult time for both of our families. but we will stand together and get through this together. >> officer ramos, the father of two, joined the nypd two years ago. ramos' 13-year-old son jaden posted this on facebook. today i had to say bye to my father. it's horrible that someone gets shot dead just for being a police officer. the families of mike brown and eric garner also condemned the murders. >> i'm standing here in sorrow. these two police officers lost their lives senselessly. he focus has >> tonight the mayor of new york is asking anyone who planned to protest to wait until after the officers' funeral saying the focus has to be on their families. tonight we're uncovering the true cost of those demonstrations in oakland in dollars and danger. en 18 homicides are back on the rise and shootings were up 44% since protests began. in the past month there have
been 18 big and violent demonstrations, one every two days. >> what i can tell you for sure is when we have officers pulled away from their normal assignments, it's difficult to get on top of those crime spikes. in the criminal investigation division some of those officers are pulled out and they aren't investigating cases. >> so how is the city fighting back? we talked to mayor elect libby shaft that officers haven't been getting days off and are working 12 hour shifts on riot duty. another demonstration is planned christmas day. two pitbulls terrorized people yesterday. those dogs roamed the streets and went on the attack. christin ayers was the first to talk to one man who was hurt defending his pet. >> it's the worse thing that's ever happened to me. >> reporter: a pitbull attack so vicious larry osborn was left with cuts and scrapes. >> i slipped through the pitbull's tooth and it just sliced my finger on the way out. >> reporter: he feared his two
dogs might die. >> the little one is margo. the marge one is maya. we call them m&m. >> reporter: today the dogs are out of surgery covered in stitches and saddled with drains all because someone abandoned two pitbulls near the san leandro marina. >> these dogs were extremely vicious. it was not like they just randomly bit somebody. they were kind of like out hunting. >> reporter: when they sniffed out larry and his dogs, they charged. >> it had my little dog in its mouth shaking it like a rag doll and there was blood going everywhere. >> reporter: larry tried to fight the dogs off even as he touched down these rocks into the water. >> i punched the pitbull as many times as i could in the face until i couldn't punch him anymore and i'm laying down at this time. >> reporter: the dogs finally backed off. police cornered them hours later nearby. >> they became very hostile and aggressive towards our officers and unfortunately the officers to protect themselves and also
protect the public had to shoot the pitbull. >> reporter: tonight larry told me he forgives the pitbulls despite what they did to his dog, but as for the person who abandoned them? >> shame on you. it's the owner's fault, not the dogs. >> reporter: san leandro police are still looking for the people who abandoned those pitbulls. they don't have a description of them. they were driving a blue pickup truck. anyone with information is asked to call san leandro police. christin ayers, cbs5. >> the police shot and killed one of those dogs outside a church while everyone inside was told to shelter in place. the other dog was shot on a nearby street. tonight the governor declared a state of emergency for two bay area counties that were hammered by this month's storms, san mateo and marin. a lot of roads were damaged like this stretch of tennessee valley road near mill valley. the emergency declaration will make it easier for both counties to get financial help from the state and the feds to make repairs.
surfs up all along california coasts tonight. we're seeing some of the highest tides of the year because of a phenomenon known as the king tide. it's when the sun and moon align and pull the water to the opposite sides of the earth. the waves pounded this restaurant near san diego. the marine room really lived up to its name today. look at how high that water came. we've had a lot of much needed way in the bay area the past couple of weeks, the seventh -- rainfall in the bay area the past couple weeks, the seventh wettest week. coming up we'll talk about how much more sunshine is in the forecast and a chance of rain heading towards christmas. >> a cuban spy returns home to find out his wife is about to give birth, tonight how he got her pregnant from behind bars in the united states. >> this is a video the feds want everyone to see tonight if they want to stay off the naughty list this christmas. >> and the guy in the red hat
cyberwar. north korea has been hit with internet outa today the spotty network crd raising speculation of an "attack by hackers or state sponsored cyber unit." expes tonight is sounds like war, cyber war. today there was speculation of a state sponsored cyber unit. experts caution the outages could be maintenance problems or malfunction. u.s. intelligence officials have no comment on the north korea outage, but promise, proportional retaliation for the sony pictures hack including possible financial sanctions. so is the u.s. responsible? uncle sam is not saying, but the u.s. did promise action after blaming north korea for hacking sony pictures. tonight we learned that one
of the cuban spies released last week as part of the diplomatic deal with havana will be a dad soon, but he hasn't seen his wife in years because he was in a u.s. prison. how did that happen? here are girardeau hernandez and his pregnant wife. patrick leahy arranged for a long distance artificial insemination. he did it thinking it would lead to better conditions for an american man in a cuban prison. the baby girl is due in two weeks. the sky over the bay area may get a lot crowded come christmas day. why's that? there could be a lot of drones under christmas trees. joe? >> reporter: just a couple years ago this would have been an extremely rare sight, a drone just flying in somebody's front yard, but these things are becoming very popular and as such there's a new campaign to make sure everybody knows the rules. ofessional uses
isaster scenes >> there's just a lot of magic in flying stuff around. >> reporter: mark harrison of piedmont shows us his colorful glowing drone he made out of swim noodles. he's been making drones and flying them the better part of four years. because easy to fly drones are now sold commercially they are soaring in popularity. the faa and some hoblyist hobbyist groups -- hobbyist groups listed the rules for unmanned vehicles. >> literally christmas afternoon they'll be able to take it out and put it in the air and take pictures and that's awesome, but the downside is you might skip over
the safety guide. >> reporter: for example, the faas had grounded flying drones for profit. professional uses from assessments of disaster scenes to aerial photography are against the rules for now. so if newcomers decide, you know what? they're either going to willfully disregard the rules or perhaps don't know them, that could be a problem because the faa is actually still in the process of making the rules and there's some concern here among the hobbyists they could start to crack down even more. i'm joe vazquez, kpix5. fami tonight a special tribute for a man known as mr. christmas. he's retiring after delighting families for decades. andria borba is at the grand finale. 03.17.20.13 nats santa baby ...hurry down the >> reporter: bruce mertz, mr. christmas, is pulling the plug on a holiday tradition that has brightened the concord neighborhood for 30 sick years. me alive. it's what kept me gog for a long time. when bruced he was handing in his elf hat...neighbors knew they ho throw him a christmas party
his front [ singing ] s one last time and not having anybodye to show him how much those years have meant, wa ord came out to bask >> reporter: after stringing miles of nights for wide eyes and ohs and ahs -- >> my mom took me here when i was really little. >> reporter: the twinkle is leaving olive drive. bruce and his display have their own documentary, but back surgery, a heart attack and pacemaker have taken their toll. >> this is what kept me going for a long time. >> reporter: when bruce said he was handing in his elf hat, neighbors knew they had to throw him a christmas party worthy of the show in his front yard. [ singing ] >> the idea of him unplugging the lights one last time and not having anybody here to support him and to show him how much the 36 years have lent is a really sad one. >> reporter: so con -- have meant is a really sad one. >> reporter: so concord came out to bask in the lights one last time. >> golly, i guess. it was amazing. i didn't ever think there would be that much response.
>> mr. mertz, we salute you. hopefully somebody will pick up the torch and carry it on. >> that torch may mean like 100,000 lights. >> and a pg&e bill. great night to get outside, maybe do some holiday light viewing. >> it's been so wet the past three weeks. now we're seeing a change which has led to widespread fog. the ground is molding a lot of water. it is -- holding a lot of water. it is still humid outside. we're down to 1/4-mile visibility in napa and it's spreading. nothing on the radar, though, a couple days away from christmas. we are high and dry on kpix5 hi- def doppler. the clouds, humidity and rainfall has really done a number on our overnight low temperatures. the average low in livermore this time of year is 37 degrees. last december we had about a week straight in the 20s. this december because of the clouds, rain, humidity, 51 degrees is the average
overnight low. tonight livermore is dropping down to 50, concord 50 degrees, san jose 50 degrees, san francisco 54. we stay with the fog and clouds, kind of feels like july out at night because of all the water in the air. tomorrow we'll get sunshine in the afternoon because of a ridge of high pressure. watch the jet stream go up and then come down. that am coeing down part is key. after tomorrow -- that coming down part is key. after tomorrow we'll see a storm system come down from seattle and portland, the pacific northwest, riding that stream down over the cascades, over the sierra and clipping the bay area. this will be high impact for christmas eve. it won't amount to much rainfall, but it may be a little bit substantial. we call it an inside slider coming from the northwest. that will give us our only chance of rain the next week. dense fog tonight, then sunshine, showers possible late in the day christmas eve.
after this front comes through the nights will finally turn chilly and we will likely see widespread 30s away from the water after christmas. tomorrow mild day, san jose 66, foggy start, sunny finish, palo alto 55, pittsburg makes it up to 67, 65 in san francisco, san rafael 66 degrees and ukiah, high tomorrow 64. 1 chance of rain late in the day christmas eve. we clear things out nicely for christmas and afternoons will be cooler and nights will be chilly as we roll towards the weekend, staying pretty dry next week. you may have seen my piece fashion icon "diane von >> we'll be right back. ,,,,,,,,,,,,,,,,,,,,
kpix 5. she you may convenient my piece on fashion icon diane vonfurstenberg. she opened up about her life and how she stays relevant in the ever evolving fashion industry and even helped me perfect the art of time, that wrap dress. tonight we're learning a san francisco native is dvf's new global brand ambassador.
25-year-old brittany hampton just launched house of dvf. hampton is a self-proclaimed tom boy and told the chronicle she didn't want to apply but gave into pressure from her family. you can watch my interview on www.kpix5.com. straight ahead the jim harbaugh talk is not going away and the warriors already have the best record in the association. could they have gotten even better tonight? david lee back in the lineup. ,,,,,,,,,,,,,,,,,,,,
visit... david lee was ba nba up top and the warriors all systems go. david lee was back with a smile, bad hamstring cost him 21 games, but the warriors put this one to bed early. steph curry money. they scored 17 straight points. right before the half they go inside to lee for the jam. all 13 doves players scored tonight including festus ezeli, career high 15 points. warriors beat the kings 128-
108. just let this marinate. they're 23-3. in berkeley wisconsin, sixth ranked, badgers on the move, oh oh forgot the rock. tyrone wallace and it went down. he had 17 but everybody else? here's what the badgers do patiently work it around, nigil hayes, spin move and forget it. he scored 17, 13 rebounds. they won the game 68-56 to hand cal their second loss of the season. joe pavelski and the sharks at anaheim, sixth straight win tonight? they unleashed the milkman. milker karlsson, the swede's first career goal. the ducks beat the sharks 3-2 to snap their five-game win streak. when is the last time you saw peyton blow a game? four interceptions, three in
the 4th quarter. kirkpatrick returned it for a touchdown. the bengals beat the broncos 37- 28 to clinch a playoff berth. jim harbaugh has not commented about his coaching future all season. today he dodged the latest batch of questions about his future by doing his best yogi berra impression. >> it's less filling than it would have been if it was more filling than they didn't want it to be. >> what would happen would happen. what won't happen won't happen. >> if you get hurt to miss work, you won't miss work to get hurt. >> what will happen will happen. what won't happen won't happen. memphis tonight from the mii beach bowl... a bench clearg br the >> hey, watch the haymaker. that's byu against memphis tonight, the miami beach bowl. a bench clearing brawl after memphis beat the cougars in double overtime.
>> a lot of sore losers. >> not the holiday spirit. >> boys, come on. you don't want rocks under your tree for christmas. >> what were they thinking? >> just shakes hands. >> but it went to hurt to miss work if there's no work to be missing, something like that. >> be right back. ,,,,,,,,,,,,,,,,,,,,,,,,,,
( band playing "late show" theme ) >> from the heart of broadway, across the nation and around the world, it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now, fortified with nine essential vitamins, david letterman! captioning sponsored by worldwide pants and cbs