tv KPIX 5 News Early Edition CBS December 23, 2014 4:30am-5:01am PST
hackney is here. >> don't notice hackney. >> good morning everyone. it is tuesday, december 23rd. i'm michelle griego. >> it's early too isn't it? >> it is early. >> hi everyone, i'm frank mallicoat. gang is all here and we have -- gang is all here, we have liza on traffic and we have you doing weather. >> yeah, it must be a holiday week. [ laughter ] we've pulled me out. to tell you that this is going to be a nice day today as we look out to sfo. we've got patchy dense fog out there and that's beginning to be problematic. 56-degrees in san francisco and 47 in santa rosa and maybe a beautiful day around the bay area. even as we have to contend with the high winds and we'll talk -- find and we'll talk about this and with forecast in a few minutes. first here's liza. in issues in marin county this morning in terms of rock slides. all lanes are open just north of the waldo grade and right here 101 looking good across the golden gate. more kcbs traffic guys in just a few minutes. all right liza thank you. well, five people have died in the u.s. after a listeria
outbreak including an 81-year- old woman from felton in santa cruz county. >> kpix 5's betty yu reports a wrongful death suit has been filed against safeway now where she bought some candied apples. >> reporter: shirley frye bought a popular treat a few days before halloween. over the next week, began to feel very, very sick. >> nobody buys a package of wrapped car million apples and expects to die from that. >> reporter: the complaint states that on november 6th, due to weakness and instability related to her illness, mrs. frey fell and hit her head. doctors thought service a brain bleed and 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 termed that she had been infected with listeria. she died the same day. >> this is someone who lived a
long productive life and had a very close-knit 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 linked to the same identical strain. listeria can affect children, elderly people and those with weakened immune systems and 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 and now we have to trace it back to the source. >> reporter: betty yu, kpix 5. >> in a statement to kpix 5, safeway says -- items purchased at our stor more than 80 percent of lisa patients across the country they ate prepackaged caramel more than 80% of listeria patients across the country say they ate prepackaged caramel apples before they got sick. police in san leandro are looking for the owner of two
pit bulls that terrorized people over the weekend. police say the animals were abandoned near the san leandro marina. the pit bulls attack asked killed a dog there then attacked a man as well as his dog. he said the pit bull had a small dog in etc. mouth and tried to fight back. >> ill punched the pit bull as many times as i could in the face until i couldn't punch him anymore and i'm laying down at this time. >> police say when the officers approached the pit bulls became aggressive and able to corner the dogs and shoot and killed both of them. police are now asking for the public east help in finding the own -- public's help in finding the owner. a state of emergency for four counties hammered by the month's storms including san mateo and marin in the bay area. a lot of roads were damaged like this stretch of tennessee valley road near mill valley. the emergency declaration will make it easier for counties to get financial help from the state and the feds to make
repairs. we're seeing the highest tides of the year known as kick tides. it's when the sun and the moon are closer than normal to earth. there's a coastal flood advisory until 3:00 this afternoon. high tides today will happen around noon. the waves pounded this restaurant near san diego. the marine room -- lived up to its name during the king tide yesterday and take a look at that and just look how high that water came. >> that might be -- a little too close. >> still waiting for us to get this fundamental fact about the high tides right. >> okay what is it? what is it? >> it's very simple. it's this time of year it's counterintuitive but earth is closer to the sun at this time of the year than at any other point of the year. so since the earth is closest to the sun, the earth closest to the sun, the sun is this big mass. >> earth closest to the sun? >> it has a little bit to the moon. than any other time of the year
and that's why we get the massive king tides and it always happens at this time of the year every year. >> class is served. >> i'll be saying it again tomorrow. s. >> mostly clear skies around the bay area except for that patchy dense fog which is also a problem. we've got temperatures right now 49 degrees in concord and san francisco at 56 and santa rosa at 47 degrees and bay area there's high pressure over the west coast, that means we have a fairly sunny sky on the way for the day. but with all of the moisture that we've had from all of the storms that come in lately, with still get this, you know some ground fog in the morning and high pressure puts a lid on it and that means the visibilities can really sink in a hurry. not as big a problem as it was yesterday morning. but we goat the morning -- get the morning fog and then the sunshine and partly cloudy skies in the afternoon with temperatures in the mid 60s. and so in the headlines the tides will peak at 11:44 a.m. today. it will be up to 6.6 feet and then slowly increasing sunshine. christmas day looks fair and
mild. that's weather. as for traffic here's liza. hi there and good morning everybody. we're going to talk about the morning commute where it's all good for bay area roadways. chp reporting no major accidents. and they do say that all is well for 101 heading to and through paren county. no -- marin county. no mudslide issues this morning. they were able to stabilize the hillside yesterday 101 approaching rodeo avenue. all lanes open right here you can tell traffic moving well helding across the golden gate. fog is not as much of an issue this morning for 280 through the peninsula and at the golden gate bridge, visibilities at the bay bridge is fine and westbound traffic looks good leaving oakland heading into san francisco. now there's a dense fog advisory that the chp issued along 880. they're warning drivers that it's going to be sketchy between fremont and san jose. fortunately, no accidents out there but if you plan on driving this stretch give yourself lots of time. that's a look at kcbs traffic. now to frank. police remain on high alert after the shooting deaths of
two officers in new york. since the weekend tragedy, there have been copycat threats and antipolice protesters vow to continue their demonstrations as well. more now from cbs news' don champion. >> reporter: this is a difficult time for both of our families. >> reporter: as the families of wenjian liu and rafael ramos prepared to lay their loved ones to rest, new york city mayor bill de blasio called for a moment of reflection. >> until these funerals are passed, let's focus just on these families and what they have lost. >> shut it down. >> reporter: but protesters like this group that staged a sit-in at grand central terminal monday vow to keep up the fight. >> if anything, this is a time to from test even more. >> reporter: they don't want ismaaiyl brinsley's violent act to detract from the reform. >> from hundreds of thousands of protesters whoever been protesting in general. >> reporter: along with posting
threats against police on instagram. investigators say brinsley watched and recorded a protest in the city earlier this month but did not participate. his sister maintains he was not targeting police. >> he was emotionally troubled. it had nothing to do with police retaliation. >> reporter: authorities released last known video of brinsley carrying a small white bag. they're now trying to piece together where he was in the hours before the shooting. don champion, cbs news, new york. >> recent demonstrations in oakland may be connected to a spike in violent crimes. homicides are on the rise and shootings were up 44% since the protests began. in the past month there have been 18 major demonstrations or about one every two days. >> but what can i can you for sure is when we have officers pulled away from their normal assignments it's difficult to
get on top of the normal crime spikes. some of the officers are pulled out and not investigating cases. >> mayor elect libby schaaf says the protests are taken a toll on the officers and on public safety. another demonstration is planned on christmas day. well the internet is up and running again in north korea after an outage that lasted more than nine hours there. the websites affected includinged the central news agency and only a limited number of people in north korea are allowed to access the internet anyway. so far the white house and state department have declined to say whether the u.s. government was behind the outage. the u.s. blames north korea for the recent cyber attacks on sony pictures entertainment. jim harbaugh isn't sating much about reports he'll be out as 49ers' head coach soon after the season's last game on sunday. the alma mater the university of michigan is rumored to have offered around $50 million to harbaugh to coach the wolverines. the coach said the focus is on the season's finale and he'll make sure to soak it all in.
>> i'm going to enjoy it. i'm going to enjoy all the players. enjoy the coaches. enjoy the staff. enjoy the -- all the people in the building that really love enjoy being around. trainers and front office people. the entire organization. and spend time with scouts that are in town. just everybody, just -- enjoy it. >> this will be the first season under harbaugh that the 49ers finished without a winning record. they need to beat arizona at home on sunday to finish 8-8. it is 4:40 now. court documents detail the sexual assault allegations against former 49er ray mcdonald. according to the court papers the accuser told police she fell and hit her head at his home in san jose. she had no memory of the rest of the evening and woke up the next morning naked in mcdonald's bed. police later sent a text
message to mcdonald pretending to be the accuser complaining about the encounter. mcdonald reportedly responded i don't know why you bothered you chose to stay with me another day. >> it looks a little bit sleazy and it looks like the prosecution or the police department is overreaching a little bit. but they did get the admission from him on -- in that text that there was sex. >> mcdonald has not been charged with a crime but the investigation does continue. a memorial service was held today in australia for the two hostages killed in the sydney coffee shop. a customer and a manager died last week as police stormed the cafe where a gunman held several people hostage for hours. the gunman a self-styled cleric with a long criminal history was also killed. eyebrows raised adds one cuban spy held in the u.s. for years returned home to a very pregnant wife. geraldo hernandez and his wife were able to conceive through
artificial insemination. after leahy visited cuba back in 2013. he felt-a humanitarian gesture that might create empathy for u.s. captives held in cuba. the baby girl is due in a couple of weeks. on this tuesday morning, this is the video the feds want everyone to see. they want to stay off the naughty list this christmas. the new rules for drones coming your way. >> and what is cool about your school? you can e-mail your nomination to us at email@example.com. and we may come and feature your school on the show. ,,,,,,,,,,,,,,,,
new way to get equipment to international space station. a bay area company helps find a new way to get equipment to the international space station, here's a picture of commander butch will more holding the first up link tool printed in space. the socket wrench was designed on earth and it was e-mailed to the international space station. then manufactured using a 3d
printer. process took less than a week and the 3d printer is the first to operate in zero gravity. it was built by made in space the company based at move it field. how about that? 4:45 now drones are going mainstream with many expected to be a christmas day this gift but anything new can bring its share of problems too. kpix 5's joe vasquez looks at efforts now to keep things safe. >> reporter: there's just a lot of magic in flying stuff around. that's all -- >> reporter: mark harrison of piedmont shows us the glowing drone. he's been making drones from scratch and flying them for the better part of four years. >> always careful of the power lines. >> reporter: they are now being sold commercially and they are soaring in popularity. a lot of people are expected to get them as christmas presents. the faa and hobbyist groups launched a new campaign.
>> stay off the naughty list? we want you to know before you fly. >> reporter: listing the rules for unmanned flying vehicles, a list that hobbyists like mark welcome. >> literally christmas afternoon they'll be able to take it out and they'll be able to put it in the air and take pictures. and that's awesome. but the downside is you might skip over you know, the safety guide. >> reporter: for example the faa has grounded flying drones for profit. professional uses from assaysments of december aster scenes to aerial photography are against the rules for now. joe vasquez, kpix 5. >> well, sounds like you can use them for fun. but -- not for commercial purposes. >> watch yourself. >> watch yourself. >> your neighbor will be watching. >> what's going on? we've got the possibility of maybe a shower or two coming into the bay area for christmas eve. >> really? >> turn around for christmas day but tomorrow you know we could get a couple of showers,ment you're looking --
showers, you're looking terribly concerned frank. >> expecting another lesson here. >> the lesson is you never know in the weather department. mother nature is going to do what she wants and tomorrow is little bit of rain in the bay area. it's going to get cool as well and right now in the bay area 49 degrees at concord and 49 for oakland. 56 in the city and 47 degrees in santa rosa. coastal flood advisories are posted today. 6.6-foot high tide not as high as yesterday at 11:44 a.m. get low lying flooding per usual and extreme low tides as well and some strong rip currents and breakers up to 24 feet. here's what we're expecting. high pressure that's over the west coast means pretty much sunny skies today with a potential for a little bit of dense fog and then a few christmas eve showers wouldn't be a surprise. nothing overwhelming. the winds pick up with this and maybe a few light showers come in. it's far from a certainty but nevertheless tomorrow looks a little unsets ld. but christmas day looks nice
and mild. as high pressure builds in behind the cold front and then we look for things to clear out and the latter half of the week looks pretty good. mostly dry for two weeks with the exception of tomorrow mild temperatures through the weekend after tomorrow. travel weather forecast we're going to be looking if you're heading out of the bay area, fog is a factor for sacramento and fresno and along the shorelines looking okay and out at tahoe we've got sunshine on tap. temperatures will mostly be in the 20s all the way down into albuquerque and the midsection of the cankery if you're head -- country if you're heading out of the bay area. overnight lows tonight will be in the mid 40s and for today it will be 65 in the city. 69 for oakland and same for napa. and partly cloudy skies on the way for christmas in the meantime, after this little wrinkle in the plans for tomorrow, tuesday looks -- thursday looks nice and sunny and as we get into the weekend, clouded it up a little bit but it will still be nice and mild. here's liza. expecting much lighter morning traffic on this christmas week. with no big accidents out
there. and a lot of folks are out starting their christmas vacation already. as we head out towards the 880 commute, chp has issued a fog advisory so they're warning folks who plan on making this commute just to take it easy out there. the thinking folk affecting -- thick fog affecting visibility between fremont and san jose and also along highway 85 in south san jose. these are the two trouble areas. the golden gate bridge looking good so far this morning. we're not having any issues today with any rock slides in sausalito. all lanes are open for you there. just keep in mind that the golden gate bridge will be closed the weekend of saturday, january 10 it's going to reopen on the 12th. this is all so that crews can install a movable median barrier there. you can see right now traffic along 101 is looking good in both directions. no big traffic delays for the bay bridge toll plaza. that's moving at the speed limit with the metering lights still off. and the san mateo bridge that's moving well both ways, no major
construction overnight and both directions are looking good. no delays for the b.a.r.t. system or the a.c.e. trains. that's a look at kcbs traffic. now to frank and michelle. thank you. now getting a first look at google's self-driving cars the company posted this photo here yesterday. the first fully functional prototype with the words we hope to see you on the streets of northern california in the new year. no word when they will be made available to the public. at the same time dmv is still figuring out how to regulate self-driving cars. airbus has delivered the newest passenger plane. the a-350 extra wide body aircraft will be used by qatar airways and it's the first new model to be rolled out by the airplane manufacturer since the boeing introduced the 787. it has 283 passenger seats and bigger windows and 18-inch seats. its first flight is scheduled for mid-january. people in concord are paying tribute to the man they call mr. christmas. kpix 5's andria borba reports he's retiring as holiday
display after delighting families for decades. >> reporter: bruce mertz mr. christmas is pulling the plug on a holiday tradition that has brightened a concord neighborhood for 36 years. ♪ after stringing miles of lights for wide eyed and oohs and aahs. >> my mom took me here when i was really little. >> reporter: the twinkle is leaving olive drive. it's been a tough year for the guy in the lightup jacket. back surgery, a heart attack and a pacemaker have taken their toll. >> this is what kept me alive -- kept me going for 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. ♪ >> 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 meant, is a really sad one. >> reporter: concord came out to bask in the flow of the lights and -- glow of the lights and bruce one last time. >> god -- i guess. it was amazing. i didn't think there would ever be that much response. >> reporter: in concord, andria borba, kpix 5. time now is will:52. he fell 11 stories onto a moving car and now we're hearing from the family of the window washer who survived that accident. ,,,,,,,,,,,,,,,,
vior and we for uber released this statement after that tweet -- the driver's account. er accused the company has opened an investigation and deactivated the driver's account. the former uber driver accused of killing a 6-year-old girl in san francisco has now pleaded not guilty. syed mufazzar of union city faces charges of vehicular manslaughter. police say he ran down sophia liu last new year's eve and the next court date is set for early february. san jose fire department has shut down one of its stations because of mold inside the building. yesterday evening, crews moved equipment out of station 16 on south king road on the city's east side. station 16 firefighters will now work out of other stations until their building is cleaned up and declared safe. the family of a window washer who survived a major fall in the financial district is asking for financial help.
58-year-old pedro perez fell from 11 stories up onto a moving car last month. he broke his arm, fractured his pelvis and suffered severe brain trauma. his wife spoke through a translator yesterday. >> we truly need help. with all the costs of the rehabilitation. with -- and truly with the needs of our family. >> you can head to our website, kpix.com for information on how you can donate. a sweet treat blamed for killing a bay area woman. now her family is suing safeway. coming up the link to a nationwide health scare. >> and i'm kiet do live at sacred heart in san jose. if you can see the community has come through with thousands of toys. what we'll tell you about the one category where they still need help. ,,,,
they did get the admission from him in that text that there was sex. >> court documents reveal more details on sexual assault allegations against former 49er ray mcdonald. the accuser told police she was attacked after she fell and hit her head at mcdonald's home. she said she woke up the next morning naked in mcdonald's bed. funerals are passed, let's focus just on these families. >> protests over police violence are expected to continue today. despite calls from new york city's mayor to pause demonstrations. his request comes after a mentally disturbed man shot and killed two nypd officers. i punched a pit bull as many times as i could. >> police are looking for the owner of two abandoned pit bulls who attacked a man? his dogs in san leandro. it happened sunday near the san leandro marina. from across the bay to around the world, the stories that matter on kpix 5 news this
morning. >> throwing it down! >> what a nice attempt. >> taking a live look at the golden gate bridge right now you can see some fog there. but a much better picture than it was yesterday morning around this time. good morning everyone, i'm michelle griego. >> and not a lot of traffic either. hi everyone, i'm frank mallicoat. it's 5:00. a bay area family who lost their loved one to a listeria outbreak blames her death on caramel apples she ate. >> kpix 5's ryan takeo joins us live in the newsroom with detail tonight family's lawsuit now against safeway. >> reporter: that's where the family says shirlee frey bought the prepackaged caramel apples. she ate the tweet around halloween and -- treat around halloween and felt sick right after. she eventually died earlier this month. doctors determined she'd been infected with listeria. of the five people in total who have died, they are all linked to the same strain. cdc investigators found 87% of listeria patients across the country say they ate prepackaged caramel apples before they got sick.