♪ ♪ >> from the bay area's local news station. you're watching kron. 4 news at all. >> now at 5 closing arguments were heard today in the case of scott peterson. his lawyers arguing that there was juror misconduct. good evening, everybody on the key kiss and i'm catherine heenan in for grant lotus. peterson was tried in 2002 for the murder of his wife, lacy peterson and their unborn child. if a judge does agree there was juror misconduct, peterson will be granted a new trial. our kron four's rob nesbitt reports now on the details of what happened inside the courtroom. today. was scott peterson's

last chance of convincing a judge to grant him a new murder trial. the focus being put on juror 7 and if she lied during jury selection. >> the convicted murderer said in orange while his lawyers argue that juror number 7, richelle nice lied when answering 116 juror questionnaire. the defense saying nice wrongfully answered no to the questions of whether she had been involved in a lawsuit or she had been a victim of a crime. that, in fact, when she was pregnant. >> she had been assaulted and she was in fear for her baby's life leading into the nickname little man that they say nice gave to lacey peterson's unborn child. connor, as well as the added to the juror had when deliberating with other jurors before she even sat down at the table when she was admitted to that jury room. according to juror at she said, let's get mister peterson for what he did to little man, judge and christine mizzou low made the point that the defense would have access to the juror questionnaire and could have followed up with nice about her answers 20 years ago. david, here is with the prosecution argued that nice do what insurer is supposed to do during a high-profile

murder case. fears actual proof that she went back there. she did what she was instructed by the judge to do. >> and she reached a verdict here is is that nice may have had wrong answers on the questionnaire that are being wronged. does not make her a liar, arguing that instead mean she was filling out the 23 page questionnaire that she, quote did the best she could get jury summons in the mail. and she testified she put it up on the refrigerator. how did she know that that particular piece of paper was going to change her life in which it has in this particular case. this hearing that has lasted for 3 years ended today with closing arguments. the judge now has until december to make her decision on. if there was juror misconduct reporting in redwood city. i'm rob nesbitt kron. 4 news. >> and new at 5 police in emeryville are looking for the person who set a fire inside a target store happened monday at the store on 40th street customers and employees had to evacuate. and when firefighters arrived, employees, they did already managed to put that fire out.

somebody spotted on surveillance video has been described as a person of interest. but police aren't releasing any more details. anybody with information is being asked to call emeryville police. 2 people have been detained in connection with the deadly shooting today in this happened at a 24 hour. fitness. >> on the 5900 block of lone tree way. 4 people were shot. one man died at the scene. kron four's philippe djegal reports. the incident began inside the gym. >> 24 hour fitness, brentwood is temporarily closed until further notice following a deadly shooting earlier in the morning. members was stunned to learn thursday. the city's second homicide of the year happened in the gym parking lot on lone tree way. usually i would expect nothing like that to happen at this particular point bar fitness. but you know, stuff like that. after reviewing surveillance video from the gym, which the police department is not making public. tenant says an

argument on the basketball courts inside the continued into the parking lot at around 2 o'clock in the morning. least 2 suspects pulled firearms. fired multiple shots. striking 4 people killing one to 10 broadening describes the victim who died as a man in his 20's. the 3 who survived with non-life-threatening injuries throw themselves to hospitals for treatment. 2 men in the 17 year-old boy. >> soon after the shooting, police detained 2 men in connection with this case over a basketball game. i was looking have loving the game. all of that. now investigators are working to determine a motive for information suggest that this was an isolated incident. this was not a random act of violence. >> we want to assure, you members of our community that we're doing everything we can working very diligently following up on leads. the surveillance footage and, you know, making every effort to identify the suspects are responsible and get them into custody. police say there is

no threat to the public. >> in brentwood, phillipe djegal all kron. 4 news. >> in national news tonight, the department of justice today filed a motion to unseal the one that relates to the search of donald trump's mar-a-lago home. this follows days of top gop lawmakers and others calling for an explanation as to why this unprecedented step was taken. u.s.. attorney general merrick garland says the property receipt of what was taken from the former president's home will be available for the public to see. he also revealed to exactly approved seeking the warrant. >> i personally approved the decision to seek a search warrant in this matter. second, the department does not take such a decision lightly. where possible in a standard practice to seek less intrusive means as an alternative to a search and to narrowly scoped any search that is undertaken. >> garland also says that motion to unseal the warrant comes in light of mister trump

publicly confirming the search. he says trump's council was provided a copy of the warrant and property receipt on the day of the search. almost half the voters polled say they approve of the fbi execution of that search warrant. it trump's mar-a-lago residents in florida, although 37% did not approve a new political posts as 49% of registered voters did a proof with 37% of that number strongly approving democrats approving at a much higher rate than republicans. 68% of democratic respondents and just 7% of republicans expressed strong approval. vice president kamala harris is praising california leaders for protecting abortion rights and slamming leaders of other states. >> doing just the opposite. she made those comments at san francisco's fairmont hotel this afternoon during a meeting with state leaders. our and kerman is there and joins us live with more. dan?

>> that's right. she's really encouraging california leaders to keep up the fight. there's a lot more work to do. she says california is an example of doing what to do to protect abortion rights. >> should not be in the position nor should it have a right. to make the most intimate and personal decisions. that anyone can make about heart and home. >> vice president kamala harris slam both the supreme court's decision overturning roe versus wade as well as states that have banned abortion altogether while meeting with california leaders in san francisco. she also took the opportunity to praise them for understanding the principles this country was founded on freedom and liberty. we hear trust. we trust people. to know what is in their own best interest. >> we are laser focused on ensuring that california is a

reproductive freedom. state leaders of planned parenthood told harris their clinics are already seeing the impacts of states. >> that have severely restricted or banned abortion altogether in the last few weeks. one of our affiliates reported a 75% increase in the number of out of state patients here in california. the legislature is committed to not only protecting our rights. >> but doing everything that we can tre those rights are protected in the future. >> california state senate president pro tem toni atkins told harris the legislature is moving 13 bills to increase, expand and protect abortion access, culminating in a november ballot initiative. >> proposition one is a constitutional amendment to make it explicitly clear that our state's constitution guarantees the fundamental right to abortion and contraception >> the vice president's continues her visit in the bay area tomorrow with a visit to

oakland live at the fairmont san francisco. dan kerman kron. 4 news. >> thank you, dan. and now to our 4 zone forecast on this lovely thursday night. as we look live at downtown san francisco and the time to check in now with kron four's meteorologist the chief meteorologist lawrence karnow joins us with a look ahead. yeah, guys, what a gorgeous day. lots of sunshine around the bay area. we did have a couple patches of fog again this morning. but >> but that fog long gone. now we're looking good out there. plenty of sunshine. >> expected throughout the evening hours. them are probably see a little patchy fog make return to the bay area. the meantime, though, looks like we're going to see the nice temperatures continuing around the bay area at this time and more sunshine on the way. in fact, it is going to get hot in spots. i think the next couple of days we saw those temperatures soaring today. i think we'll see it again tomorrow. but that breeze a blow. we've had some gusts over 30 miles an hour into san francisco. a couple high clouds up above, but no fog there into san francisco right now. here's how the temperatures

breakdown. you've got some very comfortable weather. 67 degrees in san francisco. 72 in oakland. it is 77 degrees in san jose. 84 in the napa valley. 85 degrees in concord on the latest satellite image you can see most of monsoon headed toward the 4 corner states. some of that into that as well. the bay area looking like we're between systems right now. that's where we're going to stay at least shortly that big dome of high pressure, though, that has been bringing some very hot temperatures across much of the country's midsection. that is moving our way. we'll tell you how that will affect our weather. get ready for some heat coming up. guys, back to you. all right, lawrence, thanks very much. and now to our monkeypox coverage. the u.s. is now. >> surpassed 10,000 monkeypox cases. cdc reporting every state except wyoming has reported cases of the virus. the largest numbers are in new york, florida. and here in california, there have been no deaths, though, reported in the u.s. so far, california reporting more than 1900 cases la county has the most at 776

cases. san francisco follows just behind with 5.39 cases. alameda county has 112 cases of monkeypox. the san francisco department of public health says there will be 2 walk-in clinics for monkey pox vaccinations. the saturday one is happening at a soccer berg hospital from 8 in the morning to 3.30, in the afternoon. kaiser will also provide vaccinations for patients and non patient walk-ins at its clinic on gear boulevard. the ceo of the company that makes the only monkeypox vaccine approved by the fda says that there's concern about a new strategy to split doses and then change the way the vaccine is injected the c e o told the biden administration in a letter that the company has some reservations about this new approach due to the very limited safety data available as well as the fact that more people experienced adverse reactions after vaccination. the new method to

split up the doses and uses one-fifth as much vaccine per shot. the idea comes as the u.s. works to conserve the limited supply. >> coming up, how nba legend bill russell in oakland native this being honored and a history making way. and governor newsom sounds the alarm on california's dwindling water supply. how he plans to save the state from a crippling drought and some good news on gas prices. they are dropping again significantly. details ahead.

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>> the national average price for a gallon of gasoline has dropped below $4 a gallon. democrats are taking the credit arguing that because of their plan for reducing inflation. but republicans say that's not the case. our reporter anna wiernicki is in washington now with more. >> good evening. will after gas prices reached record highs earlier this summer, drivers are now finding some relief at the pump. but lawmakers are split on what exactly this means for inflation. >> it's good news for drivers. on thursday, aaa reported the price for a gallon of regular gas stood at $3. and $0.99 the first time it's dropped below $4 since early march for a lot

of drivers. that's real money. >> its money in their pocket money spend on other things. white house economic advisor heather boucher says falling gas prices are proof that the president's plan to address inflation is working. the president's been to this, not all the different things that he called the livers. he could pull to help address rising costs for families. boucher says all eyes are on congress to provide more relief. >> on friday, the house will return to washington to vote on democrats. inflation reduction act. we've been called back for a very important reason. massachusetts democrat jim mcgovern says the 740 billion dollar package fights climate change and lowers health care costs. it will extend affordable health coverage to 30 million people. >> cap seniors yearly out-of-pocket drug costs. a $2000 per year and cap insulin at $35 per month for medicare beneficiaries. but republicans say the bill will actually drive up costs. all it is is

tax and spending just throwing more money. >> and a problem with this administration has shown that they fail. >> and the house is scheduled to convene tomorrow morning at 09:00am for now live in washington. i'm anna wiernicki. back to you. >> all right, anne, thank you very much. well, as the state drought continues and it is intensifying. governor newsom is unveiling a new plan among other things. he says it will create more a water storage for california. our capitol bureau reporter a time no wallace. >> with the governor in contra costa county. >> and the governor says it's time to use modern day technology to fight this drought. for instance, you see all this water over here will this is all salt water part of the joaquin river here in the delta. but the governor says with his plan one day this could supply fresh water to much of this region. we can't do the same thing anymore. that was governor gavin newsom's message today as he addressed the state's response

to the ongoing drought. a record dry spell. he worries may only get worse 12 and year drought. >> exists and persist over the western united states. i mean, let's wake up. he says of no action is taken. california could lose about 10% of its water supply in the next 20 years. mother nature, it's still bountiful. but she's not operating like she did. that's why today he unveiled this 19 page plan pledging 8 billion dollars to increase storage and modernize the state's water infrastructure infrastructure like this, antioch construction site newsom toward. it. one day will open as 110 million dollars to settle his ation plant taking salt water from the san joaquin river and converting it into fresh water. one of several projects newsom says will allow the state to refocus its water strategy were so deeply anxious because we've been consistently in the scarcity mindset that it's about reduction and people feel like they've done enough. we've got to move away from that mindset. because there's a lot more. but it's out there for

more creative in terms of how we approach things. for now. he says he'll leave any mandatory water restrictions to local governments. that is he appointed onetime rival, former los angeles mayor antonio villaraigosa as the state's new infrastructures are in charge of bringing in more funds for future projects. newsom's current gubernatorial opponent, republican senator brian dolly of lassen county. >> says he's skeptical the state will see results. there's millions and millions and billions of dollars that have been put into these projects that have been implemented. he's talking about implementing these projects. that's have question with gavin newsom's philosophy is get something done. stop talking about and actually get something done. >> a desalination plant here in antioch. well, that is expected to be up and running sometime in 2023. reporting here in antioch, a tom wallace kron. 4 news. >> well, the latest drought monitor map was released today and that's the new map on the left. it shows that most of the central valley is in the dark exceptional drought category, the driest of them

all the map on the left shows conditions from 3 months ago. most of the bay area has been under a severe drought all summer long. our corn for use it just lawrence karnow. here with a closer look at the drought conditions. yeah, we've been talking about this for a while and this could a drought conditions could be something similar to what we saw about 1200 years ago like newsom mention. but that drought. >> during that period, they had droughts of 10200 years long. so this is something that we really got to encourage our government to really get a handle on. this could be a long-term drought and something we really have to worry about. the as we see in the days ahead. you see last us on october at this time, the drought really was very, very bad. exceptional drought across much of california and much of the bay area. things improved a little bit over the season here. we have some rain here, but we're still severe drought conditions with the exception of slama county. still drought conditions there. and of not much in the way of rain coming our way for at least another couple of months here. before we start talking about a

return of the winter season. the meantime, though, out there right now, it is dry as can be. and you've got clear skies of the coastline. beautiful weather out there right now breezy into san francisco. in fact, those winds have really kind of been kicking up temperature wise. we've got 85 degrees in concord, 83 in santa rosa. 84 in the napa valley. >> 77 degrees in san jose. and 66 in san francisco kind of active, list across parts of the 4 corner states and again, in a nevada, you see these thunderstorms popping up making the way in that direction. that's where we've been watching for that monsoon continues there. they're watching for more flash flooding, a real possibility of flash flash flood warnings are up in parts the parts and that as well. you can see also in arizona to in the areas shaded in green. those are flash flood watches. so very active weather pattern settling in again for them for the bay the well, we're going to see things going the other way. high pressure going to be building in these temperatures, going to be warming up. 80's 90's inland tomorrow afternoon, lots of 70's around the bay 60's along the coastline as we head into the next couple days. we're

talking about some serious heat rolling into town. looks like a little heat wave coming our way he does on. yeah. here comes thanks, lawrence. >> still ahead, former raider and open native musharraf, marshawn lynch facing dui charges after gerting pulled over in vegas. we now have the body cam video showing the arrest. and search efforts are growing more desperate for the missing teenager last seen at a party in truckee. the latest

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>> there are new details on the recent dui arrest of former raider and oakland native marshawn lynch. police say he was asleep behind the wheel before he was arrested. and tonight there's new body cam video showing that arrest. police say he began speaking to the officers and then fell back asleep several times. and police say that the car that lynch was driving had significant damage with no rim or tire on the front driver's side wheel and with the rear driver's side wheel about to fall off. >> i not be all right. >> want to get on your stomach over. and by no more games today. >> lynch is facing charges of dui driving an unregistered vehicle and failure to drive in a travel lane. his attorney

argues marshawn was not pulled over for a dui. he says that the vehicle was safely parked and not in operations. according to the lawyer, marshawn lynch is due in court on december 7th. while it is still unclear whether actress and haitian will survive her injuries after a fiery crash >> home in southern california. she might be facing more serious criminal charges. los angeles, los angeles police saying that she is now being investigated for felony dui. the 53 year-old was initially facing misdemeanor charges. police are now considering felony because a woman who lived in that home suffered injuries and did require medical attention. according to tmc haitian was under the influence of cocaine and possibly fentanyl. she was severely burned. she remains in a coma. and what's described as extreme critical condition. plus county

sheriff's office releasing new surveillance picture of the missing teenager. >> last seen at a tricky campground. this picture shows 16 year-old kylie, rodney, just after 06:00pm friday at a local there she is wearing a black tank top. they say green pants and black vans sneakers. the fbi has joined in the search for the 16 year-old investigators say they're working through hundreds of tips that they've received so far. they continue looking for kylie's car, a 2013 silver honda crv. if you have any information you're being asked to call the placer county sheriff's office. nba legend bill russell's number 6 jersey is being retired across the nba, which is a first for the league, the nba and the national basketball players association announced today that the number worn by the oakland native and coach was being permanently retired by all 30 teams, players who currently where number 6, including the los angeles lakers, lebron james may

continue to wear the number, but the number cannot be issued again. russell leaves behind a huge imprint on the court and the world as a civil rights activist. he grew up here in the bay area and won multiple state titles and mcclymonds high school in oakland from there. he went to the university of san francisco where he led the dons to 2 ncaa championships. the schools only championships. he went on to play for the boston celtics winning 11 nba championships. >> coming up next, the cdc has scraps a major covid guidelines. and after the break, we'll talk to a local

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