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tv   CBS 5 Eyewitness News at 11  CBS  July 28, 2010 12:35am-1:10am PST

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i had on the headphones. i was in no position to judge the loudness. i could see people in the gym going ugh! [laughter] good night, everybody! goopt. ,,,,,,,,,,
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i wake up and she's not here and it's horrible. >> his daughter's killer murdered in san quentin, yes actually wishes the quick was still a -- why he actually wishes the convict was still alive and what we learned about inmates accused in the killing. a pregnant cow runs wild at the california state fair, why police say lethal force was the only option. they just started gaining speed and losing control. >> wet, wild and unsafe, the popular bay area water ride that some say left them injured. >> this is cbs5 eyewitness news. th inside san quenti >> good evening. i'm dana king. >> i'm ken bastida. his daughter's killer is stabbed to death inside san quentin, but tonight a novato
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man says the convicted murderer should still be alive. a prison spokesman said edward schaefer was killed last night by this inmate with a white power tattoo. edward schaefer arrived in san quentin less than two weeks ago and that's where joe vazquez picks up the story tonight. >> reporter: it happened at the reception center. that's where prison officials say edward schaefer was killed with a large homemade sharp metallic object called the bone crusher. >> lovie. >> reporter: aaron osheroff holds his youngest daughter tight and can't let go of the memory of the oldest. >> i wake up and she's not here and it's horrible. >> reporter: melody would be 11 years old today. her father was walking with her last may in a crosswalk near their novato home where edward schaefer who already had nine duis was drunk again on his motorcycle and ran them both over. aaron lost his leg and his daughter. just two weeks ago edward
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schaefer was sentenced to prison for second degree murder. now the killer has been killed at san quentin prison. aaron feels justice has been cheated. >> we felt that he was supposed to serve his time. he's getting stabbed to death must have been horrible, but now he's dead and he's not sitting in a cell, you know, sitting in prison for the next 24 years to life. so maybe he was getting off easy. >> reporter: prison officials say frank sousa, the man with the white power tattoo on his forehead, was seen repeatedly stabbing edward schaefer in the chest and neck. the weapon? a homemade knife called a bone crusher usually made from the metal of bunk beds. the motive, unknown. sousa is serving his fourth prison term, the latest a life sentence for killing a homeless man in san jose in 2007. edward schaefer had also served time in prison before four years for spousal abuse. >> he beat his wife with a
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broomstick, punched his wife in the face, beat up a disabled guy because he was parking in a disabled spot. he got smashed over and over again and he knew if he got smashed and got on his bike that he'd kill somebody. and he did kill somebody. he killed my daughter. >> reporter: not only did he have nine duis, but edward schaefer also had his driver's license and that's why melly's father is pushing for something called -- melody's father is pushing for something called melody's law which would say a three time dui convict would lose his license completely entirely for life. as you might know, people can apply for their license back and get it back after a couple of years. >> tough story, thanks, joe. some witnesses say it didn't have to happen, but police say they had no choice but to shoot and kill a pregnant cow that broke free at the state fair today in sacramento. the cow escaped while being unloaded in the livestock area and at one point police cornered the cow, but the tranquilizer gun failed to fire. so they had to kill it.
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>> it's awful and i got very upset. i was screaming. >> they didn't have to shoot the cow. if they would have got some horses, they could have saved the cow. i think it was a tragedy. >> the fair had not yet opened, but thousands of workers and vendors were on the ground. other headlines around the bay area tonight, the bay area will get the beginnings of a new landmark tomorrow. crews will start working on the huge tower that will rise above the new eastern span of the bay bridge. that tower will be built from multiple sections. the first segment will be lifted into place tomorrow morning. were on duty. the boy investigators looking into the drowning of a 6-year-old at an east bay pool where three lifeguards were on duty. the boy drowned yesterday at the castro valley high swim center, a park district that operates the facility saying a lifeguard pulled him out. he was taken to the hospital but did not survive. former east bay congresswoman ellen to usher
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has been diagnosed -- tousher has been diagnosed with early stage esophageal cancer. she says the prognosis is good and is undergoing an aggressive treatment regimen and is currently an undersecretary of state. like many bay area cities antioch is struggling and now the city council is asking voters to approve a sales tax increase. robert lyles is in antioch tonight. >> reporter: well, antioch city leaders say they are trying to avoid the financial fixes that have cursed cities like oakland and vallejo, that is, layoffs and bankruptcies. so how does the city plan to do that? well, by raising sales taxes, but residents stood shoulder to shoulder tonight trying to fight that plan. now the residents started pouring in at about 6:00 tonight and even though there was nowhere to sit people continued their march into antioch. city council chambers, the message, the city is broke according to the city council and they blame the dire financial circumstances on
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record foreclosures within city limits, so broke says the city, the loss of 20 nonsworn community -- the last of 20 nonsworn community police officers were laid off last thursday. 41 other city employees also received pink slips. one council member anticipates antioch could become the next city facing bankruptcy. if residents do not pass this half cent proposed sales tax. >> we're probably looking at layoffs of officers again. >> reporter: do you have any idea how many officers you may lay off? >> the city is facing between a 3.7 and $4 million shortfall in the next fiscal year. so unless we find a revenue source now, we're laying off a lot of cops next year. >> reporter: now mayor james davis believes a partial tax would be unfair. so the city has unanimously approved a resolution on november 2nd the voters of antioch will decide if the city should adopt a 1/2-cent sales
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tax to remain in place for eight years. now why are claim are abouts still standing room only and -- chambers still standing room only and why are residents still out here in the breezeway watching the proceedings on closed circuit television? it's all because of wal-mart. some residents want a 175,000 square foot store on lone tree way. others believe that a supercenter will financially cripple or put existing stores out of business. the council is expected to burn the midnight oil. they are still hearing comments from the public. a vote is expected later tonight. dana, back to you. >> robert lyles, thank you. after more than a year of courting tonight san jose received word from major league baseball about the a's potential move to their city and the league is not saying yes. but kiet do shows us major league baseball is offering what appears to be a solid maybe. >> reporter: we are here at the site of the proposed stadium in downtown san jose where for the past 16 months major league
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baseball has been looking into whether or not the a's should come to the south bay. the city of san jose has been waiting since march of 2009 for a glimmer of hope, sign of anything at all from the league. well, today they got it. >> major league baseball has given us a timeline and commitment. that's a real success for us. >> reporter: talk about a curve ball in the latest a's saga, last friday an impatient mayor chuck reed said he was putting the stadium to a vote on the november ballot before major league baseball made its decision. a's owner lew wolff was okay with it but league commissioner bud selig was not and issued a brief statement saying he was disappointed and surprised saying a vote would be premature, but by tuesday mayor reed had finally talked on the phone with mlb's president and they reached what can best be described as a gentlemen's agreement. >> we're thrilled obviously that the mayor's decision to push forward has prompted a commitment from major league baseball that if we need to go to the ballot in the spring,
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they'll help pay to bring the measure to the voters. >> reporter: a special election held in the spring would cost about a million dollars it, although it's not clear how much the league would actually pay. in exchange the would not -- the city would not put the matter on the ballot this fall. mayor chuck reed is apparently meeting with mlb's president at least once more. rks when it comes to food? we've got some of the best, and some of the worst. speaking of baseball, just how clean are bay area ballparks when it comes to food? we've got some of the best and some of the worst. i fell and crashed the left side of my head into the side wall. >> she's not the first person it happened to, the injuries linked to one bay area water slide. >> i'm meteorologist lawrence karnow in the cbs5 weather center, sunshine along the coastline today, something we haven't seen much of, but the question is will be it back tomorrow? we'll have the answer coming we'll have the answer coming up. 3q
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safe to eat? in oakland, there's some room for many of us love ballpark food. hey, but is it always safe to eat? in oakland there's some room for improvement apparently. an espn survey finds food vendors at the oakland coliseum have the worst health violation record in the state. 34% of them have critical violations. meanwhile at&t park has one of the best inspection records in the survey. oh, come o. only 4% of vendors
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there -- on. only 4% of vendors there had critical violations. it's worth noting that food from pro sport stadiums has never been linked to a mass foodborne illness outbreak. for many families summer vacations include a trip to the water park, but those wild rides could be risky. cbs5 investigative reporter anna werner with the injuries some guests say they left with. >> i was really excited about it. >> reporter: jenny qwon went to water world with friend in september of 2008 to enjoy the shun -- friends in september of 2008 to enjoy the sun and water rides. one of those rides was something called the typhoon where guests sit on inflatable rafts and wide the water through winding enclosed tunnels, but as she and her boyfriend rode down -- >> i just started gaining speed and losing control. >> reporter: then she says their raft flipped. >> i fell and just crashed the left side of my head into the side wall. >> reporter: and she fell
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through the dark. >> i couldn't see a thing. we were just tumbling all the way down the slide. >> reporter: nearly two years later qwon says she still suffers from painful headaches. >> it's something that has not stopped. it has not left. >> reporter: we wanted to know how many people may have sustained injuries on that ride. to find out cbs5 reviewed state data and found something surprising. 31 reports of accidents involving the typhoon since january of 2005, but water world owner park management says there have been only four claims involving the typhoon in the past three years and spokesman al garcia told us -- >> safety is a top priority for all of our guests. >> reporter: he said staff inspects rides daily and an outside company reviews year. so what does he think causes most of the accidents? >> unfortunately it's riders just not following proper rider instructions. >> reporter: so you would say that most of the time it's
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because the riders are not following instructions? >> most of the time it is. >> reporter: but jenny qwon says not in her case. >> the lifeguard explained to us what we feed to do. we made sure we were set up properly. >> reporter: and this former water world employee told us when he worked there -- >> they told me that the typhoon was where people got hurt. >> reporter: kyle knicks briefly served as a lifeguard in summer, 2008. >> what i noticed was people would flip over in the rafts while going down the slide. >> reporter: according to state documents, the park knew it. when a state investigator showed up at the park in 2009 to ask about those accidents, his report says the park director told him a significant number of rafts had been flipping over in 2008 and said the park had switched to larger rafts for the 2009 season to address the problem, but the fix apparently wasn't enough because in july when carrie vaca came down the slide -- >> all of a sudden i was just smacked into the top of the tube, hit my head, filmed us
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off the tube and then i went down. my head just felt like it ran into a brick wall. >> reporter: she cape escaped serious injury, but -- escaped serious injury but said she stayed home from work for a week. >> my head was just pounding for days and it was scary and i just kept thinking i could have been paralyzed. >> reporter: after that and another accident the state told the park to lessen the amount of air in the rafts used and retrain all of the dispatchers, the employees working the ride. >> the state came in and investigated and essentially made the park make those changes. >> it was a recommendation and we instituted that. >> reporter: a recommends and if you don't do it, then they -- recommendation and if you don't do it, then they shut the ride or the park down. that's more than a recommendation, isn't it? >> it was a recommendation that was made to enhance the ride experience. >> reporter: is the ride safe now? water world says yes, that accidents are down and posted
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signs and audio announcements give ample safety information to guests. you think people understand they might hit their head against the wall? >> you know, with any activity there is the inherent potential for slight risk. >> reporter: but zava says she wishes she had known the risks. >> i would have never expected that. >> i never questioned the safety on that ride. >> reporter: anna werner, cbs5 investigates. >> both vaka and qwon say the park promised to cover their medical bills but never did. water world's general manager now says he will check into it. it's been hot inland. we'll check if with lawrence now to find out what -- in with lawrence now find out what the weather is like. >> we saw something along the coastline, a little sunshine out there, an area of low pressure spinning off the coastline helping mix out the
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low clouds and fog, yeah, surging onshore again tonight and guess. what it's going to be pretty gray out toward the beaches, especially early on tomorrow morning, thick enough probably see drizzle toward the coastline. still lots of sunshine in the valley, some warm temperatures there, too lots of 70s in most spots. head well inland like antioch, maybe low 80s. inside the bay looking at 60s and 70s and out toward the beaches 50s and 60s. highs today comfortable but well below average, 77 live more, 71 concord, 76 -- livermore, 71 concord, 76 san jose and 71 degrees, a little sunshine in pacifica. this trough of low pressure is camping out along the coastline pitching in cool air. so i think temperatures will be down heading toward tomorrow afternoon. that fog can be pretty thick and slow to burn off. that means we're dealing with cool temperatures and that sea breeze kicking in and a little blustery heading toward the afternoon hours. with that in mind starting out
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with plenty of low clouds and fog and a surge that will probably take its way all the way to the interior valley. very thick tomorrow morning into the delta, take some time to break up. when it does, we'll see sunshine in most spots except right out towards the beaches. that means temperatures cool out toward the coast, 50s and 60s. inland valleys still looking at 70s and a couple 80s heading towards the afternoon hours. next couple days i think high pressure begins to build in. looks like temperatures warm up maybe getting close to 90 degrees some spots inland as we head towards your weekend. that's a look at weather, ,,,,
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figure out how to keep the noise to a minimum. one viewer we all know construction projects can be noisy especially near homes. engineers have to figure out a way to keep that noise to a minimum. one viewer saw a big sound wall and wants to know what's it made of and how does it work? caltrans crews are busy working
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round the clock on a massive construction project to dig a fourth bore at the caldekutt tunnel, but before that they had to build this thing. >> the sound wall is 30 feet high and 1,000 feet long covered with sound absorbing material. >> reporter: it's the biggest sound wall project caltrans has ever attempted in an attempt to shield some nearby condo dwellers from an construction onslaught that will last the next four years. >> the wall protects the other people who live on the other side from the noise, construction, dust and some of the visual impacts, lights at night and things like that. >> reporter: caltrans said the agency has received its share of knocks about the structure. >> one woman said all we're missing is the guard tower as if it looked like a prison or something like that. >> reporter: but nobody seems to be complaining about its effectiveness. the 30-foot high wall discovered by a polystyrene composite that seems to be working. >> it really cuts down the amount of sound that gets
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through it. >> reporter: it sounds like a sound sponge, sucks it up and spits it back out. >> that's right. >> reporter: caltrans admits the thing is ugly and even though the wall is temporary, they're going to work on that. >> the people won't have to look at a big blackmon notice littic structure for the next four years -- black monolithic structure for the next four years. there will be trees pant planted and it will be painted green. t.a., t.o. finds a place to play. the raiders lose a legend and i'm dennis o'donnell. (announcer) while there are some home disasters you can't avoid, there is one you can. septic system breakdowns affect 1.2 million homes in the us each year. septic backups can cost about six thousand dollars in expense, and countless hours of repair.
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now, lysol is approved to control allergens on surfaces. lysol wipes remove 90% of allergens. control allergens and kill germs with lysol - the #1 pediatrician recommended brand. on the same night, the giants and a's were dealt baseball s two best pitchers. in texas, oakland faced 9-4 cliff lee. in in poker a pair of aces gets you places. in baseball it usually means bust. in texas oakland faced 9-4 cliff lee. in san francisco the giants got josh johnson with an e.r.a. of 1.61. a's going all in against the rangers, ace cliff lee in arlington, 1-0 texas in the 6th until kurt suzuki singles home coco crisp. lee was as good as advertised, struck out 13 in nine innings but left with a game tied at one. in the 10th nelson cruz hit the jackpot, walkoff home run, a's lose 3-18 1/2 back of the west. maybe it's billy beane's turn
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to play poker there. now to our second ace josh johnson facing the giants at at&t, two out in the 3rd, buster posey busts a 20 game hitting streak. johnson gave up three runs for the first time in 13 starts. giants up 3-2, no more. dan uggla won seven innings gave up just four hits. still tied in the 8th until juan uribe unties it. solo hot, edgar renteria adds insurance with a two-run homer. giants will 6-4, within 2 1/2 of san diego in the west. jack tatum, long time raiders safety died today of a heart attack just 61 years old. in nfl history tatum put that big hit that unfortunately for the raiders led to that steelers immaculate reception. he also knocked out patriots receiver darryl stingley on this play in 1978. stingley was paralyzed and never walked again. >> jack should be in the hall of fame and i think that's one of the negative things about why he's not in the hall of
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fame because of that particular play, but surely his play on the football field, he should be in the hall of fame. bank of the west, maria sharapova and xhang xee. oh, she's all business, all business. over 3,000 in stanford tonight watching her take down xee in straight sets. she'll play next on thursday. owens and chad ochocinco, will "both" be playing for the [ batman music ] batman and robin, aka terrell owens and chad ochocinco will both be playing for the bengals after owens agreed to a one year $2 million contract. ochocinco said the two would be known as the famed dynamic duo, yes. gotham city will never be the same. congratulations to ken civil a of san rafael, you're
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tonight's winner of a -- ken civil a of san rafael, you're tonight -- ken silva of san rafael. you're tonight's winner of a $250 gas card. >> i think ken silva will be driving in the carpool lanes with his friends for a while. >> he'll be driving in the bat car. >> he's not going over to your blog. >> no? i think the only one who reads it is myself and a couple friends. >> the problem with the batman and robin thing was their heads weren't big enough. >> they'll be big enough. >> they'll be big enough. that won't be
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