closed captioning by closed captioning services,inc good morning, i'm kristen sze. and i'm cheryl jennings. key decisions expected today on the san francisco sheriff's domestic violence trial. >> defense is demanding the entire case be thrown out because of a specific picture. amy hollyfield is live at the hall of justice. >> reporter: the defense doesn't think that ross mirkarimi can get a fair trial because of pictures that were released friday. as you said the defense wants the entire case thrown out. here are the pictures in question. it is a still picture taken from a video. i shows a bruise on mirkarimi's rife's arm. prosecutors say mirkarimi caused that bruise. today's hearing was going to focus on whether the picture

should be admitted into evidence. that's what both sides are arguing now in court. now there will be a discussion about whether the whole case should be dismissed. >> we did file a motion to dismiss on that basis. i think it is outrageous days before we select a jury they would append nine stills. any child can flip them and tie to make a video we all did that on stick figures for no reason in no support of that motion. they knew the judge was going to watch that video this weekend. i was unnecessary, unfair is the judge going to do with it? i don't know. >> you think it takens the jury pool? >> i think there's a potential. >> reporter: mirkarimi is not required to be in court today this is video from another appearance. he is not here today, neither is his wife, just his defense attorney. who believes video should be tossed because they said eliana lopez had time to

reflect before making the video. it wasn't made spontaneously. prosecutors say tossing the video would have a chilling effect on the prosecution of all domestic violence cases in the future the plan was to have jury selection start as early as tomorrow. first they have to get through these chemo shuns which are critical to the case. -- these key motions which are critical to the case. reporting live in san francisco, amy hollyfield, abc7 news. there is a stunning new twist in the assault investigation surrounding alameda county supervisor nadia lockyer wife of bill lockyer. accusations of a sex tape have surfaced. the video shows supervisor lockyer and a san jose man she met in rehab in 2010 it was sent to her husband. the treasurer believes the man might make the tape public if he was forced to break off a romantic relationship with lockyer's wife.

lockyer described him as a stalker and asked police to investigate. authorities concluded the relationship was consensual. earlier this month nadia lockyer says she had a violent encounter with the same man in the tape at this hotel. no charges filed the man disputes he attacked her. nadia lockyer has checked in a center for substance abuse. >> we are very concerned about how the county looks and is perceived. we want to go about our business in a professional manner. these type of scandalous allegations don't help our cause. >> when asked for comment treasurer lockyer said he had nothing to say. one student is dead, four injured and a suspect in custody after shooting at an ohio high school. the shooter opened fire in a packed cafeteria in chardon, 30 miles west of cleveland.

students screamed and ran trying to escape the gun fire. >> i heard shots fired in cafeteria i thought it was firecrackers at first. then i saw people running so i started running. >> two girls came back. they said someone got shot and we just dove and within to the back of the room. >> this is -- video of the suspect taken into custody. word is, he surrendered near his car half a mile from the school. witnesses say he was a student and appeared to be targeting a specific group of students in the cafeteria. one student says the shooter was known as an outcast who had apparently been bullied. the federal agency that insures bank deposits shutdown. that failed bank served a lot of retired seniors. officials are there now answering a lot of questions. katie marzullo joins us from walnut creek with the story. >> reporter: we've seen confusion and worry and frustration. it would be scary enough finding out your bank closed.

for an elderly person it is scarier and this branch is in the rossmore neighborhood there are a lot of elderly customers. home savings of america was shutdown by the federal government friday, not only here but two in california and one in minnesota where the bank is headquartered. banks have to have enough capital on hand to cover all customer deposits, home savings of america did not. and the feds couldn't find a buyer for the bank. >> in this circumstance, we were unable to find another bank who would assume the operations of the old failed bank. normally, we are able to find someone who will come in and assume the deposits and substantially, all assets. and the customers are not having their banking business interrupted. >> what happened to my deposits? automatic deposits and automatic payments? >> it is due on the 1st.

where will it go? i don't want to be penalized. >> reporter: a lot of those transactions are going to be worked out between the customer and individual merchant so customers have leg work ahead. as for their lifesavings the fdic is covering all insured accounts, simply put any money a person had in an interest bearing account, checks, savings or cd covered up to $250,000 that is an over simplification. the fdic spokesman is handing out paperwork to customers and to help make it easier we put a link on our website. you can go to abc7news.com click on see it on tv you will find a link that he should help you navigate where you go now and how you go about getting your money back. the checks have apparently left texas this morning. katie marzullo, abc7 news. president obama is calling

on governors to invest more resorts in education. the president made his pitch today at the white house as part of the winter meeting of the national governors' association. mr. obama says many states are cutting too deeply into education funding to balance budgets. he sympathized with their situation but says the country's future depends on educating america's youth. >> the president: nothing more clearly signals what you value as a state than decisions on where to invest. budgets are about choices. today i'm calling on all of you, invest more in education, in our children and our future. >> mr. obama also reiterated his belief that decisions on education should be left to the states and not the federal government. governor brown is among those at the conference. one of the examples those education cuts happening in oakland. this spring dozens of teachers will have to reapply to day where they are.

teachers at three schools will be affected. district officials say those who reapply will have more responsibilities and a shorter summer but will be better compensated. a spokesman says the move is necessary to ensure teachers are onboard with the new plan to redesign schools. a union representative says the move violates the teachers' contracts. will the force be with george lucas today? the hearing underway now on the future of the filmmaker's ranch. a french film came out on top for the first

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right now marin county's plan commission is hearing arguments on whether to allow george lucas to expand his moviemaking empire in the hills of marin he wants to expand by building a 270,000 square foot digital media compound. some neighbors fear the development would be too large. lucas films says the compound would be similar to sky walker ranch and be hidden in the hills. the 4th academy awards is what everyone -- the 84th academy awards is what everyone is talking about today. >> reporter: a night of firsts it for the first time a french film won best picture. the artist took five oscars

including one for its director aç for jeae first frenchman to -- jean dujardin the first frenchman to win best actor. >> meryl streep. >> reporter: she seemed surprised when she won for the first time in 29 years best actress award for her work in the iron lady. >> it is really the people that i've worked with who gave me the award. and how much fun you have making movies very secrety, it is really fun making movies. >> reporter: as expected christopher plummer won a supporting actor oscar for the beginners. octavia spencer received a standing ovation after winning the supporting actress honor. >> you don't take it lightly it will make me work that much harder. >> we are here at the beautiful chapter 11 theater. >> reporter: billy crystal emceed for the first time in

eight years. from cirque de soleil to comic relief from stars like robert downey, jr.. >> here the not knees for best documentary -- nominees for best documentary. >> reporter: critics have not kind one called it a borefest. the ultimate decider will be the ratings. >> and the oscar guess to -- >> yep the localinner won best animated feature. first animated feature film, johnny depp provided the voice of rang go. -- which oscar moments got the biggest buzz on social media? trender compiled mentions from five sites octavia spencer

came out on top, 31,000 mentions per minute following closely by george clooney kissing billy crystal, the cirque de soleil performance, meryl streep winning and the artist for best picture. for more go to abc7news.com. it is a new week, meteorologist mike nicco has the forecast. winter is back. waves rollingmhs across ocean beach today fast breezes are blowing going to keep us cooler than average with a couple of chances of rain and sierra is getting a lot of snow. animal in danger. efforts underway to rescue a distressed sea lion near a popular tourist spot. we have news that may have people running to get an ipad 2 now. but others may want to wait.

breaking news roosevelt middle school in oakland on lockdown as police search for a gunman in the area. shots were fired around east 21st street and 16th avenue not sure who was the target, not sure if anyone was injured,

roosevelt middle school in oakland on lockdown. meantime, a team of marine biologist trying to capture a distressed sea lion. lincoln shaw shared this picture. a cord is stuck around its neck. somebody noticed the sea lion in trouble wednesday. a team went outkíxesterday. biologists say they plan to come up with another plan they say right now the animal is not in immediate danger. skies still look clear. mike nicco has changes for sure. winter coming in this weekend felt different even with the sun, brisk in the air that going to continue this week and bring a couple of chances of rain and mountain snow. i-80 at truckee where chain requirements are out right now snow pack interstate there. down to 50 at meyers also they

say chains are required but it looks clean here. good to have them with you any way when you are traveling up that way snow continues until 7:00 this evening then winter storm watch for tomorrow into wednesday up to three feet possible out of these two storms, really good news. let's bring it back here. it looks quiet outside a little rough if you will, the surf you can see not surf, the bay towards alcatraz and golden gate bridge let's take about temperatures still in the 50s, 40s in many areas and low 50s monterey bay upper 40s to mid 50s around watsonville and salinas. cool and breezy today especially over bodies of water isolated showers still possible this afternoon clear tonight with frosty spots even around the bay and healthy rain turning to showers later wednesday. look how cool we are compared to average last week in the 70s today low to mid 50s nine degrees cooler in san francisco and oakland 10 to 14 livermore napa, redwood

city and san jose clear lake may not make it out of the 40s, 49 there low to mid 50s partly cloudy low to mid 50s monterey bay also inland partly sunny stray shower possible today better chance down to the south around los angeles and san diego mid to upper 50s down there. stray shower through the central valley and low 50s. tonight 29 napa, santa rosa 26 cloverdale the rest of us in the 30s except san francisco, san mateo and half moon bay low to mid 40s. there's the low that passed over us last night quietly far enough offshore it brought rain to the monterey bay not here at home. we have a chance of seeing a scattered shower the closer to the central valley higher elevation better chance you will see one of those showers. overnight it clears out quiet tomorrow morning much cooler like it was sunday morning. tomorrow afternoon high clouds

rain steady rain stars moving into the north bay about 9:00 hits the bay area the heart of the bay area during the morning rush hour steady rain out of the south bay by 2. showers and snow showers down to 3500 feet possible wednesday into the evening. up to a quarter inch south bay inch and may have in the mountains. possibly one to two feet of snow tuesday night into wednesday, win for storm watch for the sierra. temperatures finally back to average, dry and sunny over the weekend. back to our breaking news in oakland. very tense situation right now a shooter, armed man fired shots for some reason near roosevelt middle school that school is on lockdown now officers behind vehicles aiming in a specific direction. the shots were fired around east 21st and 16th avenue. we don't know who the target

is. we don't know whether anybody was injured. we are checking sky 7 just arrived. roosevelt school nearby is on lockdown. nick smith is on the way. we'll continue to follow this breaking news story on abc7news.com. meantime, let's move on to health news. fit seems like many of your family members or co-workers are getting sick, you are not alone. doctors say the flu season is finally hitting california and the u.s.. they are seeing the latest start of the season in three decades suspecting the mild winter may have slowed the spreading of the virus also this year's strains are similar to last year more people may have built up immunity doctors warn you should still get a flu shot because there is no telling when the season will end. gas prices continue relentless climb. lumberg survey says national prices jumped 18 cents over the past two weeks.

national average for a gallon of regular $3.69 higher oil prices one reason investors worried tensions with iran could lead to a disruption. in california price have passed $4. aaa says statewide average is $4.29 up a quarter from a week ago diesel prices $4.45. bay area $4.27. san jose $4.28. you may want to hold on or rush to buy an ipad whether you prefer the latest or savings. over the weekend best buy began giving $-- giving $50 discounts for the ipad 2, there are reports the company that makes apple tablets in china is starting to ship the ipad 3 this week. good time for a good deal on ipad 2. >> we'll be rig

today at 3:00, lizzie bermudez will have behind the scenes action from oscar night. who did she rub elbows with on the red carpet? then at 4:00, cameras record a maternity fight involving a member of the kennedy family as he held his new . then at 5, we are expected to learn whether a local cal-state university will turn its back on students applying

to college. we'll continue to follow breaking news in oakland where police looking for a gunman near roosevelt middle school on lockdown now these are live pictures police perimeter has been set up. they are searching for the suspect please avoid the area. >> keep track of the latest breaking news on twitter at abc7 news bay area. we'll follow the ...with a two-year-old at home. i have two daughters. we have five boys and a large family. i couldn't imagine not having at&t u-verse. like, if we're watching a movie in mom's room, and mom doesn't want us in her room, we just go in the living room and continue watching it. [ female announcer ] call to get u-verse -- now with free hd -- for only 25 a month for six months -- that's our lowest price ever! plus get hbo and cinemax free for three months. if i need to pause something as it happens. diaper. he can start screaming. i can stop the show and then pick it up on a different tv somewhere else in the house. we can record sesame street for her, boring sports for him

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