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there is an attempt by the individual richard allen davis, pollys killer to have a resentencing and in fact, what they're asking for is for the court to vacate a jury verdict >> the man convicted of killing 12 year old polly klaas more than 30 years ago is now asking a judge to reconsider his death sentence. good evening. i'm ama daetz and i'm dan ashley. >> thanks for joining us today. attorneys for richard allen davis argued that a new state law mandates davis be given another chance to avoid execution. >> abc seven news reporter zach

fuentes was in court for today's hearing. he joins us live with those details. zach >> yeah. and the hearing today was for the judge to decide whether richard allen davis is eligible for that resentencing. he was sentenced to death. but now, with the events set into motion today, his attorneys are fighting to overturn that sentence. the kidnaping and murder of 12 year old polly klaas is one that captured the world's attention. it happened in petaluma back in 1993. she was taken at knifepoint from her own bedroom at a slumber party. her body was found months later. richard allen davis was eventually convicted in the case and sentenced to death 28 years ago. polly's father, marc klaas, was there for the sentencing, and i might have said something to the effect that this is finally over. >> yet here we are 30 years

later. >> now, davis wants a judge to overturn his sentence. he didn't appear in court on friday, but his attorneys went before a judge. they say recent criminal justice reform law should apply to him. legal analyst stephen hn blindsided by this new possibility. >> they've used a new law, a new trick to relitigate this thing to bring it back into the public view, to bring it back into my mind. i don't think about richard allen davis until something like this happens. so here we are, 30 years after the fact, and i'm having to relive my daughter's murder again. and that's just so terribly unfair. >> though the case is being heard in santa clara county, the da's office in sonoma county, where the crime was committed, is the one fighting it. >> what the prosecution argued

is that this legislative intent never applied to the death penalty. >> neither the prosecutor or davis's attorneys gave statements after the friday hearing, though the death penalty has been put on hold in california, the clerk said the decision made in the santa clara county courtroom could have major ripple effects moving forward. >> this case is likely to go higher up on appeal to decide just how far the courts are going to go here to look at these death penalty cases under the sentencing guidelines that have now been imposed by the legislature. >> now, with the case submitted, the santa clara county judge plans in the richard allen davis case, the santa

attorney is now also seeking new sentences for 15 inmates on death row. as abc seven news south bay reporter dustin dorsey explains, the da wants them resentenced to life without parole. >> the finality of death makes the death penalty something criminal justice reformists want to move away from. santa clara county district attorney jeff rosen once supported capital punishment as a prosecutor, but he says he's learned the question is not whether a person deserves to die, but whether society should have the power to impose that sentence in terms of judges and juries. >> they're going to decide where a person dies, and that's going

to be in prison for the rest of their lives in terms of the dea. since rosen was elected da 13 years ago, melvin fought 2011 and rodrigo paniagua junior in 2010, just before rosen took office. in total, 15 men will now be given the opportunity of resentencing. >> i think for our community life without the possibility of parole in prison will both protect our community and strengthen our criminal justice system and put it on firmer grounds, rosen office sent letters to notify families and friends of victims in these cases. >> the california victims resource center says this news may come as a shock to them. >> it wasn't something that was expected. they were never notified that this was going to be a possible option, that may happen in the future. so it really is very triggering and shakes the foundation of what

they were once certain about. >> executive director miriam el-manzalawy says it's important for victims to know their rights. marsy's law allows them to speak out against a resentence as a court. ultimately decides the fate of these men. if you are in need of victim advocacy, you can call one 800 victims for support in santa clara county. dustin dawsey, abc seven news. >> a man was fatally shot in the mission district just a short time ago. police arrived on the scene near 20th street in mission shortly after 130 this afternoon. officers quickly discovered that a man was shot in the chest near the el capitan hotel. he died at the scene. a glass door of the hotel also appeared to have been shattered by a bullet. >> mass shooting victims in half moon bay and their families have filed a lawsuit for negligence. two lawsuits were filed against the owners of the california terra garden mushroom farm. the suits claim owners failed to

protect their farm workers and tenants from the violence. investigators say the shooter acted after a dispute with his supervisor. california terra garden is where four of half moon bay residents were shot to death earlier today. >> house speaker emerita nancy pelosi joined democratic whip katherine clark in a roundtable discussion about child care reform in california. the group discussed the complications that currently exist with the child care industry. pelosi and clark say low wages among caretakers are still a problem, and more needs to be done to subsidize caretakers for affordable was ey what giants fans came to see

thrilling ending to today's 80,000 were here to pack the stands, and after a two and five road trip, giants had a four game losing streak. >> they needed a win and they needed it bad. they got it today and this was a lot of fun. how about this. the 40 niners stars deebo samuel fred warner throwing out the very first pitch. and you know what they're football players. they're pretty good at that. but baseball might be a different sport. they tried. they're tough guys. can't wait to see him in training camp later this summer. as for the game straight to the ninth, camila duvall was in a little bit of a jam. two on two out, striking out jurickson profar and then bottom nine after matt chapman was hit by a pitch. he's on first. thairo estrada finds a gap in left center and here comes chapi rounding all the way and head first. slide safe. what a way to win it. giants win three two, snapping that four game slide. >> well, thank god we won because we did a couple things. you know early in the game that

that basically swung the game. to their side. and we have to be really good about the intangible stuff. you know got a couple of scratch runs late and certainly big hit in the ninth. it ends up being a great day. i'll think about it a little later. still kind of in the moment. it's a ton of energy. >> always great to have a packed stadium. so to play in front of the home fans like that is always great. >> joong, who was waving chappie in he smoked me right in the chin. i almost bit my tongue, and he was very, very apologetic about it. so we're all good, joong goo. it's fine, but it was it was awesome to see, you know, tiro, get that hit, you know, a great way to end the home opener. and i'm really glad we won that one. >> yeah, the giants win the game. and with that win, there's been 25 seasons of oracle park. the home openers here. they've won 17 of them. that's a 680 win percentage. so a little bit of magic here on opening day at oracle park. we'll have much more on the 530 stream. dan will join you. we'll talk a little warriors as well. and then i'll join larry for sports at 650 here from oracle park. always better when you win the home

opener guys. >> it sure is. >> sounds good. thanks chris. >> all right, coming up, proof of just how desperately san francisco's muni train system is in need of an upgrade. we're going to show you the technological relic that starts the control every morning and explore what's being done to update the system. i'm meteorologist sandhya patel, unsettled weather for parts of the bay area this friday evening. >> i'll let you know if things will quiet down for you ♪ jardiance! ♪ ♪ it's a little pill with a big story to tell ♪ ♪ i take once-daily jardiance ♪ ♪ at each day's start! ♪ ♪ as time went on it was easy to see ♪ ♪ i'm lowering my a1c! ♪ jardiance works twenty-four seven in your body to flush out some sugar. and for adults with type 2 diabetes

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is your update. one example is the city's light rail system, which operates on technology you may not have touched since grade school. >> abc seven news reporter luz pena spoke to the transit agency's executive director on the plan to upgrade the system and she's live in the newsroom. hey, louis. >> hey. that's right. the train operating system with a floppy disk was actually designed to last 20 to 25 years, but we're way past that. and upgrading it

will cost hundreds of millions of dollars. we may be in valley, but what if i told you that san francisco's train control system is running off a floppy disk? what would you say if i told you that the system is operated and rebooted with a floppy disk? >> i mean, i do, but i don't. wow i mean, we i mean, i thought we were moving on to i. right? so why are we doing floppy disk? >> great question. turns out that in 1998, sfmta had the latest cutting edge technology when they installed their automatic train control system, the first agency in the us to adopt this particular technology. >> but it was from an era where computers did not have hard drives, and so you had to load the software on from floppy disks onto the computer. >> it's been 26 years, and every morning sfmta staff still relies on floppy disks to tell the

trains how to operate. >> this is if you lose your memory overnight and every morning somebody has to tell you , hey, this is who you are and what your purpose is and what you have to do today we went underground where sfmta's train control project public information officer gave us a tour of their system. >> so what's the role that floppy disk is playing right now ? >> floppy disk is one component of one system. the system that automatically controls our trains inside the subway. but our metro system that operates citywide has many components to it. >> as if mta's train control system relies every morning on 3.5in floppy disks like this one, how dire is it to actually change the system to upgrade it from a floppy disk to a wireless system? yeah, so it's a question of risk. >> the system is currently working just fine, but we know with each increasing year the

risk of data degradation on the floppy disks increases, and that at some point there will be a catastrophic failure. >> incredible. we'll have more on this at six. now, sfmta's director says the city is working on upgrading the system and finalizing a contractor for this project. so who will pay for this? as the mta says, the upgrade will be paid for using state and federal grants as well as munis capital resources in the newsroom. >> luz pena, abc seven news lucy, i don't know anything else still running on floppy disks. it's remarkable, right? maybe they should put eight tracks in the trains. what do you even buy them? i know that's true. all right. thanks, lucy. we're coming up. forget about 420 on hippie hill. san francisco has a new way to celebrate cannabis, and it's longer than just one day. the week long event detailed

using our brand new grocery outlet app. it's been really fun seeing what everyone's doing with the extra money they save.

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to celebrate cannabis. today, mayor london breed announced the city's first ever sf weed week. it's a seven night series of events running from april 13th, coming up in just a few days to the 20th, and it involves seven dispensaries in seven different neighborhoods. to date, the city has awarded $11 million in grants through its office of cannabis. mayor breed says social equity in the industry is a part of that investment. >> in particular, african americans who have really bared the burden of what has happened in this industry in the past through our criminal justice system, growers are our rock stars, strains are our celebrities, and they deserve that kind of treatment. >> mayor breed says the cannabis industry is projected to inject $789 million into the city's economy over the next two years, as well. >> there is still

the bay area's highest peaks. you can see that dusting still atop mount hamilton and the surrounding hills in this video from sky seven taken earlier today. >> pretty wild. obviously and in just the past hour, abc seven news reporter leslie brinkley says there was hail in walnut creek. take a look at this video. so for details on this, let's go to abc seven news meteorologist sandhya patel sandhya. >> yeah. and dan and ama. it is still active across parts of the east bay tonight. just in case you don't want to stay here because it is unsettled. i want to show you your aloha friday travel forecast. this is sponsored by oakland airport, offering daily nonstops to four islands. let's talk about oakland's weather tomorrow. mostly sunny, 59 degrees honolulu looking at windy conditions with some rain 80 degrees though you know it's warm there. kahului 80 degrees 20% chance of an isolated shower. but overall just a beautiful forecast. what you would expect in the hawaiian islands on the hawaiian islands

around this time. and we are seeing some thunderstorms of our own. so let's track them right now. first, going into the east bay, some downpours near black hawk tassajara area. we are tracking those storms moving towards livermore. i know you've already had thunderstorms, but these storms moving towards you by 553. watch out for downpours and hail and gusty winds. as you notice around calistoga, we're starting to see some pockets of moderate rain. silverado trail, the wine country area and it has been snowing as we just showed you in the video around mount hamilton. the santa cruz mountains has seen some snow today. we still have more thunderstorms that are developing until the sun goes down. there's still enough instability with the heating from the sun and leftover moisture. so this system though the low has pushed off, we still are seeing snow in the sierra and southern california is getting its share of the wet, windy weather along with the snow gusts to 40 in oakland and sfo right now it's a stiff breeze. it's going to stick

around for a few more hours, 40s and 50s on your temperatures. santa rosa, you're at 60 degrees. frost advisory 1 to 9 a.m. tomorrow. north bay valleys and east bay valleys. that's where the temperatures will be at the low to mid 30s. range if i were you, i would protect any of your sensitive plants. so that they don't get damaged by frost. here are some live views from our tower cameras. certainly a threatening sky from vollmer, but elsewhere just beautiful views. mix of sun and clouds. from pier 39 you can see that showers, isolated thunderstorms through this evening. frost advisory goes up cold morning with areas of frost and sunday. we are looking at spotty showers, but just in the morning for the most part tonight it's a level one. scattered showers, gusty winds, some thunderstorms and hail. snow on our highest peaks so the winds will remain gusty through 10:00 tonight and then drop off considerably. so tomorrow is a better day. a few more hours of the active weather. you'll notice around 730 as well. and then it's all quiet. a few clouds passing through for your saturday

weak system will bring us some showers 430 in the morning to 7 a.m, and then maybe a pop up shower or two in the afternoon over the hills. but for the most part, your sunday is fine as well. so when we add up all the rain from tonight all the way through sunday, we're looking at a few hundred seven inch for the most part, up to a quarter of an inch. morning temperatures will be on the chilly side 20 to 40. bundle up and for tomorrow afternoon, enjoy! it's going to be a nice day. 50s and 60s. now, if you're thinking about checking out the solar eclipse, we're not in the path of totality that is going to be from texas all the way to the northeast, but we certainly will see a partial partial eclipse here. so taking a look at the weather conditions, clouds and showers threatening parts of the southern tier states, but best opportunity to see the total solar eclipse will be in the northeast. here's your accuweather seven day forecast. cold morning sunshine follows for your saturday. spotty morning showers sunday and then great viewing for the eclipse. big pattern change will bring big time warmth from spring-like to summerlike with 80s showing up

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(box thuds) (water boils) (packet tears) (tea bag clanks) (water pours) - listening to people that drink bigelow tea is so important to my family, because making that perfect cup, it's the reason we do what we do hi, guys! - hi! - hey! - so what are you guys drinking? - constant comment. - when i'm drinking bigelow tea, it's just a moment for me. it's just me time. - that's what a cup of tea is. - it is. - a moment for you, someone you love. - aw! (customer sighs) - it tastes really great. - yes! it was always bigelow tea - wow! that's what my family hopes for. cheers. - cheers. (bright upbeat music) two popular modern art like anime, it captures the centuries of evolution in japan. take a look.

the technique may be ancient, but the images at san francisco's legion of honor are actually a fast forward ride through centuries of change. the exhibit is titled japanese prints in transition from the floating world to the modern world, and curator lauren palmore says the discipline required to make the woodblock prints is the magic behind the art. >> but what i find most exciting is you can see just how precise the color printing has to be to in order to make each color line up perfectly. wherever you see a different color on this print, that means a completely different block was carved. >> the centuries old technique is still in use today, and it has the power to transport from the ancient edo period of the samurai through the amazing flight of fancy touched off by 19th century western contact >> when prince began to incorporate an interest in new

forms of transportation hot air balloons, locomotives, steamships, we see an interest in new fashions from the west. crinolines skirts and western style military uniforms, and these developments take place in rapid at a rapid pace. japan changes quite quickly. >> a driving sense of movement captured in perhaps the era's most famous print, the great wave. >> the work is on display for the first time in a decade because of its delicate colors, but the exhibits motion sweeps into our own modern era with commentary like america's fast food culture saturating japan. artist masami teraoka uses the woodblock form to capture old and new. >> i started to realize, oh yeah, this country, you know, people really are interested in uh- our ethnic background and their cultures. so i said, since i love woodblock print so much

that maybe this is the way i should, you know, express myself. >> the style is even credited with influencing popular japanese anime like these, commissioned for display by bart . and while the journey is sweeping, the sense of style is enduring a japan that's constantly evolving, surrounded by tradition really neat. innovative. the exhibit opens this weekend and runs through mid-august. >> all right. thanks for joining us. >> i'm ama daetz i'm ta-da! hulu on disney+ is now available. i think we just found our new home. your favorites, together like never before.

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news. news. the earthquake hitting right the earthquake hitting right outside new york city. outside new york city. and just moments ago, the and just moments ago, the aftershocks felt just before we aftershocks felt came on the air. came on the air. a preliminary reading in these a preliminary reading in these aftershocks, 4.0. this was the strongest quake in this was the strongest quake in