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tv   CBS 5 Eyewitness News at 10pm  CW  November 15, 2010 10:00pm-10:30pm PST

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could be fined or face jail for walkin what won't you do for safety? the man who said no to the tsa and why he could be fined or face jail for walking away from his flight. they literally jumped at least two to three inches out of the plate and just exploded hot grease. >> his appetizer escapade prompted a lawsuit but he doesn't want money. four words that homeowners can use to stop foreclosures. the magic phrase that has helped one couple ten times. it has billions of songs, shows and games. but all the while, i-tunes has been missing something. how a meeting of the apples is expected to change that. don't touch my junk. that is what a california man told airport security agents
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who tried to frisk him and now he is a folk hero. i will da yee tells us more >> reporter: is it a full body x-ray and electronic strip search. >> it is invasive and reveals too much. >> reporter: but this is travel security today. >> if i have to get on the plane do i have a choice? >> it is a full body pat. >> i prefer that. >> they touch everywhere including your private parts. >> this is unbelievable. >> reporter: john tyner of san diego refused the body scan patdown. >> i opted out. they walked me around and explained to me they would do a patdown. >> reporter: his confrontation with tsa captured on his camera phone. >> we will be doing a groin check. i will place my hand on your hip and the other hand on your inner thigh. >> okay. >> if you want a private
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screening. >> we can do it out here but if you touch my junk i will have you arrested. i don't understand how a sexual assault can be part of flying. >> this is not considered sexual assault. >> reporter: new rules require agents to touch breast and groin areas in patdowns. >> we are doing it because we need to keep powders and gels and liquids off of planes that are unauthorized. >> reporter: homeland security defends the measures. a suspected test resist smuggled explosives in his underwear last christmas. and plastic explosives were on cargo planes. >> you can walk through a metal detector and it won't register anything. >> reporter: that man could face federal charges. under federal law you can not
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start security procedures and then quit. the reason for that is they are afraid if terrorists go through security and opt out because they are afraid they might get caught. >> i think most fliers understand if security reasoning but on the other hand people are getting tired of it and sick of it. >> is it a debatable issue but some say they don't like it but they want to be more secure. >> i understand. >> linda yee. thank you. a ruling makes college more affordable for illegal immigrants. in the unanimous decision they ruled that undocumented students are entitled to the -- the same instate tuition breaks as students who are here legally. it only applies to public schools. and an illegal immigrant we talked to says that everyone has a right to education. >> i would say that these people have paid taxes and they help the economy
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>> reporter: opponents plan to appeal the decision to the u.s. supreme court. the oakland mayor is skipping the fanfare and posting his final state of the city address online. he planned to give it in person but today his office announced a change in plan. there will be a video chronicling his term as mayor. critics say he doesn't spend enough time in city hall. but he argues that in a high- tech world you can do the job anywhere. voters in alameda county elected a transgender judge, the first in the united states. victoria coal cowski is an administrative law bandage the public utilities commission. tonight she told us she is humbled and relieved to say she is the winner. i'm gratified and it is daunting. of course whenever one is the first person to do something you are a representative and a role model. the problem with being a role
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model, on the one hand it is great because it can be inspiring but there is a responsibility that goes with that that i take seriously. >> the final results came down to 9,500 votes with her edging out john creighton. she underwent gender reassignment in 1989 and was open about that. cal osha is investigating after a tree trimmer fell to his death in concord. the initial review indicates that a man was tied to the tree and the rope was tang infield a woodchipper and chewed up the line. he hit his head on the chipper and was killed. it happened this afternoon. the coroner identifies the man as 33-year-old antonio barajas of concord. five people have been
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arrested in connection with pepper spraying attacks. no one was seriously hurt. and the post office is offering a $100,000 reward for information in the murder of one of its hayward employees. naacpy rogers was killed -- nancy rogers was killed at 1:00 in the morning on june 14th. her body was placed in a dumpster outside the post office and it was discovered at the dump. garbage rates will go up next year for some communities. ten cities and unincorporated areas will see rates jump from 9% to 39% in january when they change from their current provider to recall joy san mateo county. the higher rates are necessary to allow for new and enhanced recycling and refuse collection services. cities are holding public hearings on the increases. it sounds like a punch
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line, exploding escargot. but two restaurant patrons are not laughing. joe vazquez on the incident that led to a lawsuit and the boom in snail sales in the restaurant. >> one word, frivolous. >> reporter: tony and ross are poking fun as they poke at the most popular appetizer on the menu today. >> tell my children i love them. i'm going right for middle one. >> reporter: the escargot at the seafood peddler restaurant. >> how does it taste? >> excellent. >> why did you get that? >> because we thought it was ludicrous. >> reporter: they are referring to a lawsuit by two clients who said that their appetizer blew up. chad wick of danville said he was treating his friend to a
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birthday dinner. >> they literally jumped at two to three inches out of the plate and, like, small balloons just exploded hot grease. it got me in the tear duct. it got my friend along the side of the nose. there was so much grease coming off this escargot that it sprayed our shirts and our trousers. >> reporter: an insurance claim was denied because neither men sought medical attention. they filed a suit in small claims court and they want an apology. the restaurant owner doesn't want to talk about it on camera. but when i told them that the victims were angry he said they are not mad they are looking for money. and the owner says that the tale of the snail is generating more publicity and could mean
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more customers and money. o'hara says it is a safety issue and he doesn't appreciate the restaurant taking the incident so lightly. >> imagine hot grease being sprayed in your face when you take a friend out a dinner. it's not really funny. >> reporter: in san rafael, joe vazquez, cbs 5. one of the birds with a beer can around its neck has been rescued and released. rescue workers noticed the bird in the area two weeks ago but were unable to capture it today. they cut the can off and examined the bird but it wasn't easy. >> it took a really long time. a lot of different strategies we tried. he was weary because someone caught him and hurt him. he was hard to draw him? in. >> reporter: the bird was healthy enough to be released. there is a $3,000 reward for
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information leading to the arrest and conviction of those responsible for abusing the bird. when two apples come together it is good news for fans. we'll tell you what i-tunes is expected to announce tomorrow. are you comfortable sending e-mail? good. there is something new for you to learn. the next innovation from facebook. but the time the sunset we had six record highs across the bay area. now what you need to know about before the sun comes back up. these east bay homeowners have stopped their bank from foreclosing ten times because they discovered the mortgage industry's dirty little secret. >> it is as simple as that. >> coming up in minutes.
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foreclosure prac bank executives will be in the hot seat starting tomorrow
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facing questions from congress about their foreclosure practices. banks are accused of using robosigners to close documents as fast as they could, signaling that the signers hadn't read them. homeowners are finding way to delay foreclosure. allen martin shows us the question that homeowners have asked that have stopped the banks from foreclosing ten times so far. >> reporter: chuck and erin are trying to hold on to their home. the trouble started two years ago when their adjustable rate mortgage jumped from 2600 to $4,400 a month. the bank foreclosed. but there was a problem the paperwork. >> they don't have the note. >> reporter: he is talking about the promissory note that they give the bank. >> where is the note?
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normally it stays with the bank that issues the mortgage but they can be traded and sold to other institutions and when that happens the sale is supposed to be recorded with the county. that is the way things have worked in america since the 1600s. about ten years ago wall street got together with banks to sell mortgages like stocks and they created a separate private system called the mortgage electronic registration system. they are all computerized. so they never get the original note. >> the deeper you look the more illegal the action. >> reporter: this attorney is suing mers and hundreds of banks saying they are foreclosing on homes without having the note. >> the parties foreclosing have no authority to foreclose and take the property away. >> reporter: the lawsuit
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charges bank officials with using false, fraudulent, misleading and untruthful documents. these papers were signed by linda green but each has a different signature. and here the true owner of the note is apparently missing. so bank officials used place holder names. >> and these were homes that were foreclosed on and taken from people by bad benny. >> reporter: the person are going to be intimidated and frightened and confused and not know what to do. >> reporter: to save their home chuck and erin have joined a movement called show me the note. they are paying a lawyer to fight the foreclosure in court until they can negotiate a loan. so far it is working. in the last year the bank has tried to foreclose ten times but has not shown them the note. >> each day you it is and
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wonder will this go on? will the bank agree to what we are wanting to fulfill or will they continue to steal our home? allen martin, cbs 5. now mers say there is nothing fraudulent about the system and they expect the company to settle the bat unless its favor. for the full statement go to it looks like i-tunes users will be able to get something they never could before from the online music store, beatles music. the wall street journal reporting that apple will announce a deal to carry songs and albums by the rock group. up until now, emi has refuse offers by the world's largest music retailer. no details on the deal. mark zuckerberg gave notice today that traditional e-mail
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is pass say. he says for young people today, e-mail is old fashion and cumbersome and facebook is going to combine all ways to communicate, e-mail, texting, and instant messaging and running it all through facebook. >> five years from now you will have this rich history of all of the communication that you have with each of your friends. >> reporter: facebook says it will roll out the service over the next few months but for now it is by invitation only. >> okay. we want to invite you to take a look at the week's forecast up ahead. it is an interesting one. by the time the sunset today we were at 74 to 85 degrees. hard to believe there. we have a lot of clear skies out there. today we had temperatures looking like this. in san francisco a record-tying event of 80 degrees.
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there you had 84 at 82. meanwhile we tied in napa and santa rosa. these temperatures averaging 15 to 20 degrees above normal. tomorrow morning, full on sunshine, temperatures in the 50s. mild to 60 degrees. that is after lows of 40s in santa rosa and the low 50s in the santa clara valley. storm track obviously well to the north of us. we are under the influence of high pressure and we will be all week but this ridge is beginning to gradually weaken and as it does so the temperatures come down down from 890 to 72 in san francisco which is not bad. the average high is 64. we are well above normal but it is cooler in the mid-70s. meanwhile i want to explain this. it is the extended forecast. with each day we see cooling. turning partly cloudy by thursday. cloud up on friday leading to a
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chance of rain showers friday night in the north bay. looks like we will have rain both days over the weekend but most noticeably will be the cooler air mass, windy conditions and snow level down to 2500 feet over the weekend. a lingering shower on monday and that is why we have to stop, take pause and look at this. this is a picture from today. eric we thank you. that is one thing i do like about an offshore flow. that unlimited visibility. we have the big game in town this weekend. i had a garage sale planned and that is not going to happen now. but after this next rain storm, dry weather into thanksgiving. >> we could use the rain. >> yeah, we could but it will be cold. >> yeah. brrr. thank you. we have sarah palin to thank for the world of the year. it's not really a word.
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it's refeuduate. it is not in the dictionary which is the 2010 winner. but the word experts there have concluded it means to reject. he used it in tweets. other words in the running this year include retweet, top kill and vuvuzela. >> top kill. haven't heard that one. you know about the art on the inside but what about the outside? a coit tower mystery explained in tonight's good question.
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before you can wonder what it is. tonight's good questio it's an art display you have to find first before you can wonder what it is. tonight's good question, what are those strange dioramas in the rock wall near coit tower? millions of people visit coit tower every year but most of them will never see this part of it. >> what does it look like to you? >> candles. it looks like a bunch of candles. >> reporter: there is a walkway
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east of the columbus statue and on that rockway is a wall. and in the nooks and crannies are a series of small dieramas that someone has built. >> i have never seen anyone photograph them or seen the artisans come in and do their magic and create their art but it is a great addition to the neighborhood. >> reporter: there are four dioramas in the wall covered with a plexiglass shield. nobody knows how they got here except milo, a city gardener who tends to the property. >> they are kind of mysterious and i have seen the artist come and be touching up with paint and, yeah, every once in a while i notice a new one. >> reporter: the artist is a mysterious young woman who shows up and tries not to be
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noticed. >> she looks kind of together. i didn't talk to her or anything. >> reporter: the artwork is doing all the talking for her. >> property [ speaking a foreign language ] >> he said it is beautiful. >> yes, exactly. >> i need your good questions send them to me at >> that was art. organizers could not have planned a better day to break ground on the city's bocce ball court. the court will be located on the south lawn of the justin herman plaza. the warriors' new owners slashed prices. [ woman on tv ] if you won't let me in,
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you can't really love me. i know about gayle. i don't know what you're talking about. if you just tell me what happened... [ ding ] [ man ] 35th and archer. next stop hamilton. [ brakes hiss ] ♪ [ male announcer ] u-verse brings you entertainment across all three screens on your tv, smartphone and online. now get up to $300 back via promotion cards. at&t. rethink possible.
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we have football and basketball. >> we have hockey. >> hockey. >> there you go. >> soccer? >> yeah, there was a game i had to go to this weekend. >> soccer. >> tell us more? >> i can. but i will eat up all your time. >> it won't be the first time. warriors' new owners kicked off their regime by offering half price tickets and concessions. here is the sports minute. huge ovation. golden gate hosting the pistons. he had 21 in the 1st. warriors led ed by 32 points and won by 3. buster posey is the first
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giant to win the rookie of the year award since the count. and of course, he handled the best pitching staff in the big leagues. sharks and the kings. 2-1 and the sharks hold on and win. michael singletary named troy smith as the 49ers's starting quarterback against the buccaneers. yesterday he threw for 356 yards, most by a san francisco quarterback since 2004. they are on to something. eagles and redskins, michael vick with a game for the ages. 333 yards and four touchdowns. he ran for 80 yards and another two touchdowns. he accounts for six touchdowns. philadelphia beats the skins 59- 28. one of the greatest comebacks in sports history. michael vick. i know it is not popular because of what he did.
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>> why does it say good to say beat l.a.? >> yeah. >> we'll see you at 11:00.
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