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tv   KTVU Fox 2 News at 5pm  FOX  August 26, 2016 5:00pm-6:01pm PDT

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with the defense reluctantly. >> honestly this is one of the most devastating cases you can work on as a prosecutor. >> reporter: this afternoon the prosecutor laid out the legal case against the matthew zabala. he is charged with murder, assault on a child with likely to cause death and the mystic abuse against the child's mother. over the night the baby died from a litany of injuries. doctors say the child had nine broken ribs, a broken arm and multiple fractures in each of her legs. her skull had been crushed leading to unconsciousness. she stopped breathing and ultimately died at the hands of her own father. >> the bad guy is in jail. he is in jail. >> reporter: police say the most recent attack took place inside of matthew zabala's apartment.
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the infant's mother tells deputies she heard a a bloodcurdling scream and from the baby unconscious. a neighbor says she wishes she knew what was happening. >> i just feel really bad that someone who is being abused whether it be bursal or physical they feel like they can't reach out. >> reporter: police say matthew zabala had a history of child abuse. he was arrested in 2008 for abuse against his older daughter. he served to several months in jail for that crime. after his release he was still able to be alone with his two children from a previous relationship. >> they were no formations even though even though there was a conviction. >> reporter: prosecutors say matthew zabala, if convicted, will spend the rest of his life behind bars. >> we will do everything we can
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to hold him accountable. we want a sense of justice for that baby. >> reporter: matthew zabala will be back in court to enter a plea next thursday. officials say he is inside of the main jail but is being segregated from other inmates because in jail a a person of committed a crime against a child is at risk of getting harmed. so he is being segregated. also the sheriff setting up a gofundme page to raise money to pay for the funeral for the baby. we will put that information on the ktvu webpage. jesse gary, ktvu. >> you heard the sheriff stay there were no prohibitions against matthew zabala but it seems like there might have been some safeguards in place. >> reporter: that is exactly the case. there weren't, now, let's be clear, this case he was convicted for was back in 2009
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so that is eat years ago and now this is today but there were no safeguards as far as him having a monitor with him around children even though he had a previous conviction for child abuse. it could be the length of time and not any history as far as this specific child. so by the time they realized that she was being abused it was too late. as i said, he intentionally crushed her skull. a very, very sad case. a federal appeals court says hearts may be with kidnapped survivor jaycee dugard but the law is not. a judge upheld the dismissal of her suit regarding parole officers. the court found the government is not liable for the actions of
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the officers who supervised phillip garrido. phillip garrido was on parole when he and his wife abducted jaycee dugard. she was freed in 2009. california paid her $20 million over its failure to monitor phillip garrido. new information about the woman at the center of the police sex scandal. celeste guap headed to we have today. the question tonight is, who is paying for her rehab? henry lee is here. i know that you reached out to her before she got on the plane. >> reporter: she tells me a police sergeant told her to be ready at 5:00 this morning for a flight to florida. while the cubs for a ride police say they are not the ones paying for her rehab. celeste guap hopped on the plane a day a day after she turned 19. she posted this picture of her ticket to fort lauderdale. police say she has been sexually exploited by bay area
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officers who may have had sex with her while she was under age. she told me she will go to rehab for substance abuse. i exchanged text with her before she left. she told me her rehab is far away because it is to put you in a completely new environment. she said richmond police are paying for their rehab. but police say that is not the case and that no wichman taxpayer dollars are involved. my are copies of the paperwork and she said the sergeant is handling all of that. that sgt., she said, is in the richmond police department. i reached out to him but he did not want to comment. in a past interviewed you can see he is standing outside of the family justice center. it is a center for families affected by domestic violence and human trafficking. my asked of the chief if the
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center helped her in anyway. she confirmed the department did refer celeste guap to the center to get counseling services. the police chief has declined to say who is picking up the tab. he says, doing so could violate state law. the mayor said it should not matter who is paying for it. he told me in our humanity why aren't we grateful that she has found help. civil rights attorney says he hopes celeste guap has not signed away her legal rights. >> i would be concerned as a lawyer as to if she is getting a benefit here it meant giving up any rights she may have. >> reporter: we have not gotten any answers as to who is paying for the rehab. i did talk to a rehab center
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where she is staying and they would not talk specifics but they confirmed they do take most insurance. >> what is the status of the case against the police officers? >> reporter: no one has been criminally charge. several have resigned. a number of them are on leave so the case continues. >> i want to go back to the rehab. is it common for police to give a ride to help someone get to rehab? >> reporter: one of the allegations is that these officers were close to her, so close that they would give her rides home. keep in mind she is the daughter of an oakland police dispatcher. what is clearly unusual is that no city has ever had this kind of scrutiny for this kind of interaction with someone like celeste guap.
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a magnitude 4.7 earthquake struck italy today. it is one of 1000 aftershocks that have followed the earthquake from three days ago. the initial earthquake flattened entire towns. it injured hundreds and killed more than 250 people. . italian authorities say more than 2000 people are now staying in camps, having lost their homes. >> i have no idea what i am going to do. it was all new and now i don't know what to do. i am 76 and i don't know if i can rebuild. >> yesterday a 10-year-old girl was pulled alive from the rubble.
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a judge in california has upheld at the mandatory vaccination law. she refused to block the requirement that all schoolchildren be vaccinated. 17 families challenged the law calling the requirement unconstitutional. a judge in san diego said the law will stand as is. the ruling comes as students are returning to glasses. the san francisco giants are back home tonight following a big series in los angeles. the three-game series started with two losses but nearly ended in historic fashion. >> it was an awesome game. the giants now back home and in need of a playoff push. they begin they playoff tonight against a team with the worst record in the lead. >> reporter: nice how that works out. they are certainly glad to be home. as you mentioned a big needed one last night in los angeles. the left-hander making his 5 to a fresh start for the giants.
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he was magnificent. he took a no-hitter into the 9th inning. two outs >> reporter: corey seager with the single. that would end the no-hit bid. still a tremendous effort. it took him 133 pitches. he said today that his arm felt fine and he feels fine today. he called it one of the most fun it as ever had pitching. i asked him about the aftermath. i asked him how many phone calls he got. >> there are a lot that i have not answered. just getting back last night and trying to get some rest wasn't easy. but it definitely still feels good today. i will have time to get up to them before the end of the day.
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>> just the way that he pitched, how well he pitched, to be that close to a no-hitter against a club we are battling with does do a lot for the club. >> everyone had a little pep a little pep in their step after the game last night. hopefully we can keep it going. >> had he sealed the deal it would have been his first major league no-hitter but not his first professional no-hitter, he actuallyto one in the minor leagues. he said that they was his brother's birthday so it was extra special. one note about the game tonight as we look at batting practice walking out of the cage is hernandez, he will start in right field because hunter pence not able to play. he left the game last night with tightness in his hamstring. he will not start tonight.
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back to you. he was shot and killed playing pokemon go. tonight calvin riley's parents open up about her son. >> i would say that you have stolen from us a huge feature of our hearts. it is a huge a huge piece that we will never get back. it will never be the same. >> investigators tell us they are working on the leads in the case. donald trump brings his campaign to lake tahoe. a bit of a temperature drop today in the bay area. we are also tracking another round of some low clouds. your weekend forecast is next.
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perhaps you noticed it when you stepped outside. it was pretty chilly. a lot cooler than expected. >> it has been cooler than average. august has not delivered. temperatures in the 50s. it is actually showing up in the numbers as well. we do not expect a major heat wave in august but still have been somewhat unusual for this time of the year. there is a reason why, the fog moving offshore, that load on deck pushing off into the region. the warmest day this month in san francisco was 70. san francisco did not reach 70 for the month of august in only three years.
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you can see it has been unusually cool in san francisco. in the san jose you can see the coolest day was august 6th. san jose not reaching 90 this month. in fact they have been topping 90 degrees for three days his entire summer. showing up inland as well, no major heat. for livermore the coolest day is 81. in terms of your weekend forecast now major heat expected. you can see the main reason why we are talking about that fog bank still hanging tough near the immediate shoreline. a lot of fog >> reporter: that has been the story all summer.
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san francisco -- and that has been the story all summer. today much cooler than yesterday. some 70s in livermore. san jose in the upper 70s. san francisco 65. so it cool to mild weather pattern. this is actually great news for fire crews because when temperatures go up we have more fires starting. at least the pattern has been cooling off. the plan for tomorrow, 60s for the coast, around the bay, 70s, 70s, inland a little warmer than today. in san francisco 7:00 i feel like we are recycling the forecast, clouds and drizzle out there. we will take this to the afternoon hours. still mostly cloudy skies but the sunshine will begin to break through the clouds. we will call it partly cloudy
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at 4:00. here is the forecast model. a lot of overcast tomorrow morning. this is saturday morning. the clouds gradually clear back to near the shore >> reporter: now bright colors. we are looking at 60s and 70s. so now triple digits. no 90s. now 90s. warmest locations approaching the mid-80s. oakland 71. santa rosa 75. san jose in the upper 70s. gilroy 83. temperatures do trend up a little bit on sunday. we will cool things off again on tuesday. more clouds as a weather system moves in. the forecast the model is trying to paint a weather picture that looks like fall. >> it sort of feels like fall.
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>> exactly, it is starting to feel like things are changing. we will see what happens. i will be talking about the smoke coming up next. california senator barbara boxer paid a visit to the future side of the tunnel today. 14 acres will be built of above the new tunnels. the new parkland have sweeping views of san francisco bay, the golden gate bridge and they will help will help to connect the main post with the bay. it may look like an rv park but it is a parking lot near the police headquarters where more than one dozen offices spend their nights. up next we will find out why they are sleeping there. coming up, allegations of child abuse in a bay area
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school. the charges the principal >> reporter: vice principal now face. >> we did what was needed to be done. i am i am very confident that we did. -- coming up, allegations of child abuse in a bay area school. the charges the principal and vice principal now face. >> we did what needed to be done. i am very confident that we did.
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>> reporter: -- -- some police officers working so much they are sleeping in rvs right next to the station. mandatory overtime does not leave them enough time to go home. we spoke with police about the issue. >> reporter: officers say the
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extra shifts are starting to take their toll >> reporter: while some are choosing to sleep in their cars a number of looking for a better option >> reporter: they are parking their rvs here instead. it looks a lot like an rv park, this is actually a parking lot near the san jose police headquarters. more than one dozen offices sleep. one overtime we they can't make it home. some live in tracy, others of closer but only have three hours in between shifts. >> these officers should be sleeping in their own beds, they should be waking up and senior children, that is not happening. it is not happening because we are in an emergency state. >> reporter: the chief plans to as for a state of emergency declaration from the city council. it would mean he could shift
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officers from various departments. >> there have been days that we have had to hold over 20 officers. you can't treat your employees that way. you can't continue that. >> reporter: the mayor agrees, he calls the situation shameful >> reporter: says it represents a bigger problem. >> until we can solve the recruiting problem, until we can do that we will continue to do this. >> reporter: the mandatory overtime looking to ten you to take its toll. >> when your kids says, dad do you have to work overtime tonight over to stay home with us? it is heartbreaking. >> reporter: the officers are exhausted all the time. >> i know that something has got to give. someone is going to get hurt. >> reporter: right now the department is so short staffed they have to fill 350 overtime shifts a week.
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again, the chief plans to go before the city council to address the issue. >> i was going to ask him a any idea on how the council might move? >> reporter: i i understand that it will not be a unanimous vote but it sounds to me like they the are inclined to give the declaration. the chief would be allowed to shift some of those staff members out of all the departments to help alleviate some of the problem. a bay area family opens up about the young man shot and killed while playing pokemon go. >> he was stolen from us >> reporter: the rest of his life was stolen. all of his dreams, everything -- >> he was stolen from us >> reporter: the rest of his life was stolen. all of his dreams, everything was taken from us. -- hugh --
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>> he was stolen from us. the rest of his life was stolen. all of his dreams and everything was stolen from him. and
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♪ ♪ --
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20-year-old calvin riley was killed while playing pokemon go in san francisco this month.
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tonight his parents are speaking out for the first time. we learned police are now working on new leads in the case although they remain tightlipped about the investigation. tara moriarty spoke with his parents about their loss in an interview you will only see on ktvu. >> reporter: calvin riley was a college baseball player whose star was on the rise. >> as soon as he could hold a baseball he started throwing it. >> reporter: his father moved the family because he felt the opportunity in baseball was greater here than they were in boston. >> he was on his way, trying to reach his goal to become a baseball player. he was at that point in his life. >> reporter: but he never got his crack at bad. just after 9:30 while walking with a friend playing pokemon go he was shot in the back.
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>> i did not get a chance to say goodbye. >> reporter: calvin was killed instantly. >> it has been a nightmare. >> he was his best friend. he was stolen from us. the rest of his life was stolen. all of his dreams, everything he worked so hard for was taken from him. for no reason. >> reporter: police released a statement saying police are still actively working to solve the case of the shooting. we have brought an extra resources, including federal agencies with expertise in this type of incident to move the case forward. >> we just need help to find the person that has done this. he was such a great kid. you want a person brought to
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justice. >> reporter: they say his alma mater has retired his number >> reporter: hung it in the school locker room. san francisco giants presented a family with a shirt signed by the players. what do you miss about your son? >> his smile, everything. >> reporter: to his killer. >> i would say that you have stolen from us a huge piece of our hearts. it is a huge piece that will never be the same. >> reporter: tara moriarty, ktvu. republican nominee donald trump heading to lake tahoe right now.
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he is expected for a dinner hosted by the republican party. nicole comstock is live for us tonight. so much talk about racism, are there any protesters out there? >> reporter: we heard a good amount of protesters could be coming out tonight. we are in the main parking lot right now and we can tell you this is where everyone should be coming in. so far we have only seen about five protesters. they are very well behaved. one of them just walked past me. we are expecting things might not get too crazy out here tonight. donald trump's private dinner is a starting at about 6:00. we are still about a half of an hour away. he is not expected to address the crowd until about 74:05. this is a private event with expensive tickets. not just anybody can get into
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the event. everyone is curious about what donald trump will be speaking about and of course, with making headlines for flip-flopping on immigration recently we are expecting that will come up again. he basically founded his campaign on we are going to build a wall, we will deport immigrants, now he is coming out the saying we understand a lot of those people have families, we aren't talking about those people that we want to focus more on the criminal immigrants. again, some campaign advisers saying he has not really changed his policies but we are expecting to get a little more clarity on what his new policy will be coming up in the next week. if you take a look out here live a few more people coming into the event. we are hoping to get a closer look inside to let you know what he will be talking about. for now, we are live in south lake tahoe, i am nicole
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comstock reporting. >> regarding that flip-flop what are people in lake tahoe saying about that? does anyone have any idea what he plans to do now that he has changed his mind? >> reporter: i think people are wondering what the clear idea will be. some people are saying it might be a huge mistake to flip-flop because a lot of his supporters wanted to vote for him because he was talking about building a wall. it could be a huge mistake right now or who knows it could help them out a little bit. >> thank you. today hillary clinton continue to defend her family foundation. she says if she is elected she will make sure there are no conflicts of interest between the administration and her charity. you remember last week bill clinton announced that if hillary clinton is elected the
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clinton foundation with no longer take foreign donations. california high-speed rail has another funding problem, this one is tied to pollution. tom descartes tells us the system seems to be failing. >> reporter: the business is only permitted to emit so much pollution. if it goes over it starts wrecking up finds and sanctions. so it could cut its pollution or trade money for pollution credits that allow it to keep operating. those credits are sold at public auction with private company-owned credits sold first followed by credits issued by the state of california. this economist says the cap and trade program has been disappointing. >> the admissions -- the emissions are a lot lower than people thought they would be. as a result the company is what that have to buy the allowances to allow them to emit co2 to note need as many.
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>> reporter: one fourth of the money is earmarked for high- speed rail. the problem is those auctions are not generating enough money. >> the price is a very low. they aren't buying very many. >> reporter: the last two auctions have produced no revenue for the state at all. >> however the legislative process is a long and difficult one. >> reporter: the only way to fix it is to pay for high-speed rail out of the general budget or set a lower cap by reducing the amount of a allowable emissions. neither option is likely to make it through a legislature. high-speed rails funding problems are getting worse and taxpayers, like it or not, could get stuck with a humongous bill. tom baker, ktvu. a rash of cell phone depth
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on bart. investigators say the thieves typically wrestled the cell phone away from people who aren't paying attention. in one case a woman was walking through the tunnel when someone took the phone right out of her hand. >> we always have our heads down. i am aware of it. >> i keep myi keep my phone in my purse when i am on bart. it is a big issue. i don't want any trouble. i know better. there is too much going on. >> bart wants to remind you to keep your phone secure also, don't lend anyone your phone and consider installing one of those tracking apps in case it is stolen. little stranded kittens crying out for help.
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we are going to tell you that any unique way the fire department told those kittens to safety. what happens when marshawn lynch is handed a new england patriots sure to autograph? that story is coming up next. -- what happens when marshawn lynch is handed a new england patriots shirt to autograph? that story is coming up next. ally a hug.
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this toy is a reminder that someone cares. these are a chance to be part of a team. and this is the chance to succeed. female announcer: with your support, everyone at sleep train proudly dedicates their time, hearts, and resources to giving local foster children one important thing: - hope... - hope... hope... not everyone can be a foster parent...
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marshawn lynch may have retired but he still has something left in him. take a look, he is in australia this week, he was signing autographs at a mall when someone handed him a new england patriots shirt to sign. he clearly did not like the shirt so he crossed out the logo and wrote seahawks. marshawn lynch is in sydney right now with the sean whent. they kick off tonight in australia taking on the university help hawaii. this is the first game of the college football season. scientists working on a vaccine for the zika virus and
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the fda recommended expanded the screening process for all blood donations. the recommendation previously covered only areas with homegrown cases of the virus. blood banks in california already have a questionnaire that covers the zika virus. now the fda wants those to be tested. >> the last thing we want to do is collect a unit that is infectious. >> at this point no one in the u.s. has been infected with the zika virus from a blood transfusion. the people in california with the zika virus contracted it while traveling in south america. two kittens had to be rescued today from a pipe. one of the rescues was caught on camera. passer buys had heard the kittens crying out for help. they called animal services and they were able to rescue a
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kitten with a vacuum. they safely got the kitten out of the pipe. the kittens are now recovering at a shelter. >> earlier i spoke i spoke with an official at the shelter >> reporter: they decided to name the kittens bill and ted for that not so excellent adventure. -- earlier i spoke with an official at the shelter and they decided to name the kittens bill and ted for that not so excellent adventure. certified, preowned, sounds like a good deal, right? up next certified used cars use cars to sold even though they are subject to recall.
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coming up we are going to show you a program in san francisco that is helping convicted felons and the homeless get jobs in high-tech. a bit of a temperature drop today. already the clouds are making a comeback. coming up we will let you know if it is going to get any warmer.
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certified preowned for people buying a used car that is generally something you look
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for but, a vote could allow one automaker to sell certified preowned cars even though they have outstanding recall notices. tom bay car is in the newsroom with the details. >> reporter: this is a new one. when you buy a preowned car it is supposed to be almost as good and safe is brand-new. but after all such vehicles are supposed to have gone through inspections to justify the strong warranty that comes with them. now consumer advocates are fuming because he trade commission has granted general motors, makers a chevy, bjork and cadillac, special dispensation. they say general motors can sell preowned cars even if they have open outstanding and uncorrected federal recalls on them. >> the single most important a safety concern in the vehicle
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is whether there is an outstanding safety recall and that is not part of the certification program. >> reporter: one major example, defective takata airbags, tens of millions of them. >> the problem is you may be looking at two years before you can get a safe airbag. >> reporter: the center for auto safety says that this is the green light for other automakers to sell certified preowned cars under unrepaired safety recalls as well. >> if general motors can do it why aren't chrysler, or volkswagen or honda allowed to do it? >> reporter: don't forget in recent years 50 million vehicles a year have been recalled.
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>> is there anything that anyone can do? what can you do? call your congressperson? >> reporter: senators wrote a letter protesting this and they basically got a too bad, we are going to do it. i think what you can do is make it clear to the dealer that you want to know if this car is subject to a recall and avoid it because you could have a potential safety problem. the other thing is some manufacturers will not care about it. they will say if we have a car on the lot we are simply not going to allow the car to be sold. the reality is there are so many cars that are tied up in this they would try to hold all those costs for the cost for the market and used car prices would go up. >> so disappointing. it is national don day. to celebrate some dogs put on quite a show. 14 rescue dogs performed in a
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act at the san jose animal care center. each dog has some different abilities. national don day is designed to help call attention to the number of dogs that are available for adoption. >> our colleagues are showing off their dogs. bill martin is right here with his dog. ken wayne and his copilot. he is a pretty good pilot. go to if you want to look through more of the pictures of our dogs. let's check in with the weather. if you are in san francisco you need to ed be bundled up. >> definitely want to bundle up
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for the morning. in the afternoon not too bad. as far as temperatures this afternoon most areas a bit cooler than yesterday inland. inland the warmest spot was only 80. this afternoon -- earlier we were talking about san francisco reaching 71 time this month. it almost happened this afternoon. 69 today in san francisco. san jose 81. 80 towards livermore. this picture has not changed all month long. we still have clogs on the shoreline. i did see clearing for san francisco this afternoon. the clouds are still out there offshore in fact, right now we are bringing in the surface wind to show you.
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current numbers livermore 77, mountain view 75, 75, oakland 73 and santa rosa 67. it almost feels a little bit like fall out there. here is a look outside right now towards san francisco. you will notice it is not a defined marine layer. we still have low clouds out there but with that deeper marine layer inland neighborhoods are not talking much in the way of heat. the weekend will be a little bit warmer. overnight lows will be starting out the day in the 50s. low clouds and drizzle as well. saturday partly cloudy, we are keeping an eye on the fire to the south because some of that smoke could be drifting into the bay area. sunday will be a little bit warmer. speaking of air-quality, not too bad today. we are looking towards this
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smoke, the burning fire to the south, today it was not too bad. we will keep an eye on that. tomorrow morning you can count on more clouds and fog to start out the day. 60s, 70s, warmest locations are inland and they are approaching the 80s. san francisco at 65. san jose at 79. here is a look ahead. temperatures warm up slightly by sunday >> reporter: we will cool things off tuesday and wednesday of next week. wednesday we are talking about 60s and 70s. -- and we will cool things off tuesday and wednesday of next week. wednesday we are talking about 60s and 70s. coming up, allegations of
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child abuse at a school. the charges the principal and vice principal now face. >> if they were that worried about him being a danger to students they should have done it in january or february when it happened. hey, you're clarence!
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the street are behind bars. rob roth found a program that is helping convicted felons as well as homeless people get jobs. >> reporter: when it comes to life on these streets there is little he has not seen. he has slept on the sidewalks for years. >> when i was laying in this doorway people reached down to pick be up. i have now got to do the same thing. >> reporter: so he founded a boot camp that readies homeless people for jobs and with the help of high-tech companies offers training in code. this man spent three years behind bars on a gun charge. >> it is a place where you go in bad and come out worse. i i realized i had some problems when i came out. i wanted to put myself in a
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good situation. >> reporter: he now lives in a homeless center and is learning high tech job skills. >> they work with people. >> reporter: in the past year they have found 70 full-time jobs for formerly homeless people >> reporter: those just getting out of prison. >> background checks, we have a problem with that. we give employers that will take people who will check the background. >> reporter: the program brings in mentors from various businesses. it is also helping this woman, who served time in prison. >> selling drugs, doing a lot of things i wasn't supposed to be doing. selling myself. >> reporter: now they are helping her to start her own business. >> we still can get a lot of help. it is not the end of the road. >> reporter: hope is often in
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short supply but not here. in san francisco, rob roth, ktvu. allegations of child abuse in a school. tonight a principal and vice principal facing charges. they are accused of failing to report the behavior of an independent tutor. >> if they were that worried they should have done it in january or february. >> this just days after he learned that hundreds of students are leaving the charter school due to a variety of problems. >> these new allegations of a tutor and a foreign exchange student. cristina rendon obtained the charging documents. she is live in our newsroom. >> reporter: the alleged
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assault involves a 14-year old student and it happened before the ceo took over the livermore school. she said she has collected her own investigation. parents and students at the charter school have nothing but love for the school despite a string of allegations. >> they are saying hundreds of kids left. >> reporter: the latest accusations are against principal eric dillie and vice principal randy taylor. they are accused of failing to report abuse of a 14-year old student. documents show an after school tutor not officiated with the school accused the student of copying homework prompting the team to lose campus. he shoved the


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