>> in the news november 14th, help from the state to find a double murder suspect. an oakland police investigate an assault near lake merritt that left the victim in critical condition. >> good morning. a mild start. we've got temperatures in the upper 50s in the south bay, 60s in the north bay. sun comes up at 6:49. >> thank you, lisa. good morning, everyone. thanks for joining us. i'm carolyn tyler. the hunt for a fairfield man wanted in the fatal shooting of his ex-girlfriend and new boyfriend extends to mexico. police believe he shot the

couple in a jealous rage early yesterday morning. abc 7's amy holyfield reports on a fugitive police consider armed and dangerous. >> fairfield police say ricardo martinez was waiting for his ex-girlfriend and her boyfriend and ambushed them as they walked through her apartment complex parking lot. >> i knew and i heard her screaming and that's when i told my husband lisa. and he just -- he was outside. he killed her right outside my door and her new boyfriend. >> residents of the complex had seen martinez before and knew the victim had a restraining order against him. some had even heard him threaten her. >> he told her that he would come and kill her if he wouldn't leave with her. that's what he did. >> yet it still came as a shock that it actually happened. >> i seen him before. yeah, i seen him before weird. but i didn't know he was gonna do that. good grace. >> police believe martinez is now on the run and could be

driving a white dodge van with a blue stripe down the side. license plate 8803092. or he might be in a white 1994 ford s-250 pickup truck with oregon plates. license plate 100bwe. >> we haven't found him yet. i assume he's still alive. we're actively looking for him. >> the s.w.a.t. team searched his fairfield home and asked if martinez was inside. even launching flash hand gran nades into the home. they went inside with the weapons drawn but the house was empty. >> there was no way to confirm that he wasn't here without actually going inside and checking. actually we were looking for somebody for two counts of murder. >> the victim dated martinez for six years and broke up with him about four months ago. she has accused him of physically abusing her. >> she was a nice lady. very helpful to everybody.

>> police say they have no reason to believe that martinez is still in the area and right now they're working the phones. they're reaching out to agencies across the country letting them know that he is out there and they wanna catch him. they're checking with federal authorities to keep an eye out for him at the border. they want people to consider him armed and dangerous. amy holyfield, abc 7 news. >> oakland police are investigating a near fatal attack on a man found lying on the ground unconscious near lake merritt. the victim was discovered at the intersection of grand avenue and perkins street around 10:15 last night. he had a severe head injury. police say it appears to be blunt force trauma. he was rushed to a local hospital in extremely critical condition. police cordoned off the area and have called in homicide investigators. san francisco police shut down a block of fisherman' wharf last night when they expected a juggler was using live hand grenades in his act.

the bomb squad was called in at 5:00 to check it out. they closed down the busy tourist area. after about an hour the police reopened the street. they determined they were fake grenades as two men and a dog were rescued after they got trapped on the side of a cliff at lands end park. they ventured to the closed end of the park yesterday near liege of honor. they climbed down but were unable to get back to higher ground. they used a hook line to pull the man and the dog to safety. except for the scare, everybody'sokay. lands end is a favorite trail for walkers, runners and hikers. the controversy continues over the fatal shooting of derrick jones. the unarmed manuals shot to death by oakland police last monday. his family held a meeting last night. police say jones ran from them, then reached for a shiny object that turned out to be a small scale. the group is making a strong

accusation against police. >> he was the man who had stood off as a teenager and won against police brutality. that was not a random shooting by the police. that was a political target. >> this is what she's talking about. jones' family says derrick was harassed by police 21 years ago. his family represented by civil attorney john burr has filed a lawsuit that was settled and ended in the termination of two police officers. since the deadly san bruno gas line explosion two months ago, police or rather people all over the bay area have been reporting a lot more gas leaks on september 9th as you know our 30 inch natural gas transmission line in san brunos exploded killing eight people, destroying 35 homes. today san francisco examiner says the number of calls reporting possible gas leaks in san francisco has doubled since

then. the fire department typically investigates 12 or 13 reports a month but since the san bruno fire san francisco fire crews have been responding to 28 calls per month. pg&e has also seen an uptick in service calls but declined to release any specific numbers. both agencies are encouraging you to go ahead and report any suspected gas leaks. san francisco's mayor is trying to move quickly to land the 34th america's cup sailing event. last week gavin newsom introduced a binding agreement he hopes will keep san francisco in the race. it's now down to two. the city of san francisco and the port in italy are the top contenders to host the america's cup in 2013. the choice is up to the last winner, software billionaire larry ellison. if you liked the giants' victory parade, the mayor thinks you'd

love the sailing races. it would raise money from private sponsor and expects to receive a $1.4 economic boost in exchange. >> i think people got a flavor of the world series and what that meant to san francisco and the entire region, this entire state. that's what we're talking about for america's cup at a much larger and grander scale. >> so to be able to have that in san francisco, it would be a tremendous economic boom, a job lifter and tax generator for the city. >> mayor newsom has an agreement he hopes supervisors will approve. it calls for 2850 to be used as venues. he dismisses reports the giants want some piers for themselves. ellison's team would pay to shore up the dilapidated structures and get long-term development rights in return, something that concerns supervisor john avalon. >> it wasn't really a plan that i heard for the board to get reimbursed for that. >> supervisors chris daily the

only supervisors who voted against an earlier non-binding proposal and daily says nothing has changed his line. >> huge outlay of cash and liability and long-term commitments on public land. i think all san franciscans should be concerned about this big welfare for a billionaire. >> and critics may have more cause for concern according to today's san francisco examiner newspaper. that proposed agreement includes a provision to give away two acres of city waterfront to larry ellison not for a long-term lease but forever. the next step is a hearing in december. a very special motivational speaker was in san francisco last night, nick voy cheech was born without arms or legs but that hasn't stopped him. that's one reason why local churches civic leaders invited him here to be example. he did not hold back and showed no shame how he had to be carried from the podium.

he showed how he had a life without limbs to a life without limits and judged from the response, his words and example have quite the impact. coming up next, president obama finishes his trip to asia after meeting with russia's president about completing a nuclear weapons treaty. and commercial crab season is about to begin. find out how much [ older brother ] hey, that's the last crescent. [ younger brother ] oh, do you want it? yeah. ok, we'll split it. [ female announcer ] made fresh, so light... ...buttery and flaky...

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president obama is back in washington this morning after his ten-day asian tour with pacific leaders agreeing to work with building a free trade zone. the president met privately with russian president assuring him that one of his top priorities

is to get the senate to ratify the start of nuclear weapons treaty. the president also made a sentimental stop there at japan's great buddust statute which he visited as a boy. that tower still over him. an international spotlight is focussed on one of the world's most famous political prisoners meeting with her supporters. she was mobbed by 5,000 supporters today as she arrived outside her former political headquarters to greet them. the pro-democracy leader was released this weekend without restrictions after seven years of detention by the military rulers of what was once called burma. lindsay davis has more. >> these were a few steps

forward for democracy. sue che was greeted with cheers and flowers by thousands of supporters after being a prisoner in her own home for seven and a half years. i have not seen you all for a long time she told them. i have lots of things to tell you all. the dictatorship has ended, she paid as a crusader for democracy. the peace prize lawyer rhett has been under detention for more than 15 of the last 21 years. traveling in japan, president obama said in a statement she is a hero of mine adding it's time for the burmese regimen to release all the political prisoners, not just one. her freedom gave heart to activists. >> she cannot only address to the people of burma waiting so much and so long for her release but also to the international community. >> one of the world's worst

human rights records after 48 years of brutal military rule. >> the government elected does not represent the people of burma. the feeling among burmese people is that she does represent the people of burma. >> sue che refuses to give up on her dream, a free country. on sunday she'll meet with her supporters. lindsay davis, abc news. >> well, it's one of the bay area's most anticipated times of year. dunganous crab season begins at midnight. this is significantly better than past based on catches by four fishermen. their season opened last weekend. they're meatier and sweeter than their cousins found from santa barbara to alaska. today commercial crabbers are

setting their traps. $175 per pound and that translates to about $3 per pound for consumers. that's a great price if it really holds. i am crab crazy. >> okay. well, hopefully you're kracrazy about the weather. >> it's been beautiful. >> 80 yesterday in santa rosa. forecast just as nice today with 70 half moon bay. a live look outside. calm, quiet. 60s out there. i'll detail how long the pleasant weather will last coming up. >> thank you, lisa. also ahead, cal battles number one ranked oregon in berkley down to the wire. down to the wire. did they pull off the1s1s1s1s1ss

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winter has made an early appearance in minnesota, iowa and wisconsin. the first major snowstorm of the season dumped up to a foot of snow in some areas yesterday causing power outages, traffic accidents, airport delays. chuck stevenson reports. >> flakes came down fast and furious throughout the day in the twin cities. as the white stuff continued to accumulate thousandsreported power outages. officials issued winter storm

warnings and snow advisories for three mid western states extending into sunday. in iowa this first winter storm was an annoyance for some. but a happy time for jeff and his sons. >> i love it. >> coming so soon after halloween, a jack lanter made a nice addition. roads were not jammed with commuters. doesn't matter when you hit a four wheel drive, two wheel, when you hit the brakes it's going to react the same way. >> a week or so for people to remember how to drive in the snow. >> accidents littered the highways in duluth. by the time the storm ended sunday, a foot or more snow expected to be on the ground in some areas. one couple refused to let the snow stop the show. >> gotta roll with the punches. >> they got married, had a snowball fight and even took their pictures by the lake. chuck stevenson, abc news.

>> i used to live in the twin cities and i'm telling you, that snow is just really something. >> and i lived in buffalo. top that! (laughter) >> yeah! >> the weather continues with the envy of everyone where we saw numbers above normal and that offshore flow allowed for the temperatures to stay quite mild this morning. as we look outside this morning, you'll notice that it's clear out there. you can't really notice that but it's calm. the bay waters are very tranquil although the winds continue as well in the higher elevations and that's why we have a wind advisory also aiding in our warming in morning. 53 fairfield, 68 napa. 51 santa rosa. the cool spots menlo park 45. look at san francisco, 57. we have 60s in fremont and some gusty winds in the south bay

around san jose with temperatures in the low 60s there. 50s at our coast. the numbers have not dropped. the readings we've been used to of early november where we've seen 30s and 40s. we are 6 degrees warmer this morning than yesterday in san francisco and fremont and antioch. 17 degrees warmer in santa rosa. so you know it's a warmer start. it will be slightly warmer this afternoon so enjoy it. we've got a couple more days some very mild weather. winds are out of the north at 7 in napa. fairfield a little stronger than that and you'll notice the calm winds at the airport but they will pick up again in the higher elevations. still gusting over 50 mph about 3,000 feet. so we will be looking for the gusty winds and the high elevations of the east bay hills. the north bay hills and that will allow for slightly breezy conditions near the surface. midweek cooling gets underway. we are looking at a chance of showers by the end of the week. a wind advisory until 10:00

tomorrow. northwest winds continue to blow a thousand feet. winds higher than that, 2,000 feet. the carquinez straight, the delta, the diablo range, north bay mountains and the east bay hills for sure once again quite breezy. statewide very pleasant with 70s sacramento, 75 reading, 80 palm springs and still windy here in santa monica with 78 los angeles. the double barrel high pressure. the ridge anchored over the eastern pacific with the storm track riding over it. and we are looking for still some very pleasant nights, cool and mild afternoons right on through tomorrow. even tuesday we'll see a little cooling getting underway tuesday. 75 santa clara, 76 campbell with 74 cupertino. look for 70 on the coast. mid-70s redwood city, san francisco a couple degrees warmer at 72. the north bay how about 80 santa rosa. 75 napa. near east bay low 70s. for richmond that's bringing you

up a couple degrees today. 73 san leandro. inland valleys mid-70s for concord and danville. the monterey bay a clear start and with more sunshine and breezy winds, you'll see highs in the upper 70s in gilroy. the accu-weather 7-day forecast, this is nice tomorrow. a little cooling gets underway on tuesday. the winds will really diminish come tomorrow. and we'll look for increasing clouds by thursday. a little rain friday and saturday. >> and it's way too far off for thanksgiving. >> yes. but it's cold and that should give us snow in the sierra. >> let's check out sports. this afternoon the niners will remarkably try to get back in the nfc west divisional race when they take on the first place st. louis rams. two games behind despite being 2 and 6. cal tried to shock the nation and upset number one ranked oregon.

mike shumann has the highlights in this morning's sports. >> we'll kick off with a little college football. came to berkeley to remain undefeated but duck and cover defense working but the birds let this one slip away. getting the bodies fired up before the game. second quarter bears up 7-0. cliff harris at his own 36. the sophomore has some serious speed. gets outside and cuts back inside. 64 yards later has a two point conversion. in the third same score. jeff mail, and mail finds tatar 29 yards on top 15-7. later in the third hill strips thomas. the fumble in the end zone. failed two point conversion. 24 yard field goal gives cal the lead. he jumps the gun.

only 29 yards and he pushes it and that was the difference. cal did fall short 15-13 the final. >> you have a chance to win the football game and it didn't get done. when you pour your heart and soul into something and you give the effort you gave and laid it on the field and come away, there's really no consolation to it. >> stanford and arizona state, first quarter did get things started bulldozing his way up. asu ties it up. steven will do it himself. a quarterback keeper over the left side. 7-7 ball game. looking for his second touchdown. he's tattooed by michael thomas. recovers for the touchback. andrew lutz only sacked three times all year. recover 7-7 at the half. asu takes the lead. former 49 john taylor's nephew

pushes up by 3. catches a couple breaks and completes the ball but asu called for a face mask. you can see it. there's the penalty. that sets up another score. stanford takes the lead 17-13. that would be your final. the warriors hoping to end their five-game road trip with a winning record. milwaukee had other ideas. dropped on golden state last year. scores and his fouls. we go to the second quarter. jennings takes it from curry again. alone in the corner. still buries a 3. up 15. moves to the third. monta ellis. two of his 24. and the 4th monta a little stop, 3. and 6th. shuts the door with 50 seconds to go. game high 26. 2-3 on this road trip. second period, san jose up 2-1 off the rebound. finds the net for the first time

in nine games. sharks up 3-1. in the third, crosses. here he goes to win it 4-3. the earthquake and colorado raptors. the conference finals, on the receiving end of a beautiful cross. puts the ball in the back of the net and the rapiding win 1-nil in advance of the nls finals. packo made history beating antonio marguerite tow becoming the first to win boxing in eight different classes. niners hosting the rams. those highlights at 5:00. i'm mike shumann. have a great day. >> coming up next at 5:30. >> i'm nanette miranda in sacramento. despite his lame duck status, governor schwarzenegger is urging lawmakers to make more budget cuts. his request isn't exactly welcomed. >> the invasion on ocean beach. >> the invasion on ocean beach. thousands of

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ed ♪ welcome back, everyone. more spending cuts are inevitable for cash-strapped california. the budget forecast shows the deficit will bloom to $25 billion in the next year and a half. and that's why governor schwarzenegger is calling for a special legislative session. abc 7 capital correspondent nanette miranda reports from sacramento. >> while governor schwarzenegger likes the green technology he's seeing at a car show, his next agenda is all about red. the red ink plaguing the state budget. he's calling lawmakers in special session next month to tackle a $6 billion deficit now before it grows to $25 billion next year. >> i talked to governor brown. he's all for it. he knows the faster we make

those decisions, the better it is and the less he has to deal with it. >> schwarzenegger thinks there's only one way to solve that shortfall: more spending cuts. >> eventually those legislators will find out there will be no other choice but to make those cuts. >> with less than two months left in office, democratic leaders are reluctant to act on a lake duck governor's request. >> we're not going to do anything without consulting with, working directly with the governor elect, jerry brown. >> waiting though won't get any easier. no one's even pretending there won't be more deep cuts. >> the deficit is obviously still very large. and there's no doubt that there are gonna have to be more cutbacks. >> community college students haven't heard anything about fee increases but with more budget cuts looming, some are expecting the worse. >> if they do, i problems have to look for another two or three jobs to pay for that.

>> what cuts will mean to public schools. the school they send their kids to are already begging families to help out. >> $350 per child what they're asking. >> the governor believes with election over, maybe lawmakers will find it easier to make the cuts. >> tomorrow the san mateo city council is expected to approve a $5 mike in parking fines. most are 35 to $40 now. the san jose mercury news points out they were raised last year as well. over the summer downtown parking rates increased for people who marked more than three hours. also tomorrow the city council is expected to sign off on buying 13 new police cars at a cost of $315,000. how much would you be willing to pay to drive your car into and out of san francisco? the city is looking at several options for congestion pricing

as it's called, all of which will cost drivers money during peak community times. transportation reporter heather ishimaru has a look at the latest proposals. >> transportation planners say something must be done about traffic congestion in san francisco. and we have to find new ways to pay for transit and infrastructure improvements. the san francisco county transportation authority says it found a way to do both and it just completed a study of options. >> encouraged people to think twice about using a car. >> one option is charging $3 during peak commute times when a vehicle enters or leaves the most congested northeast quadrant. >> another is charge $6 when leaving only during the evening commute. a third option puts the fees at the san francisco/san mateo county line charging $3 in both directions in the morning and evening on the major arteries.

the authority says the $60 to $80 million revenue will go to transit and infrastructure improvement. >> we understand this is a very big change in people's lives. >> a little ridiculous. >> she takes transit to work in the northeast quadrant but doesn't always go home on transit. >> sometimes my husband picks me up after work. he's close by. is he going to pay $6 for me to get in the car and leave the city? >> the northeast quadrant would be good for him but not so on the southern border. >> that's tough because i surf. and i go down south quite a bit on 1. so that would be tougher for me. >> the study recommends a 50% discount for low income owners. next month the board of supervisors will decide if the authority should keep working toward a plan like this. heather ishimaru, abc 7 news. >> redwood city officials are study ying the potential impact

of stanford's potential stamp on their city. could become their first major expansion outside the palo alto campus. it's a tax event organization. a city consultant is weighing the loss of tax revenue against economic gains the satellite campus could bring. our weather forecast, well, right now been looking pretty fine. >> that's right. lots of 70s. 70s everywhere except even warmer than that in our north bay valleys. you can see the wind blowing mount tamalpais. winds in the 20 to 30 mph range. a wind advisory in the hills. another warm day around the bay. your forecast coming up. >> also ahead the invasetive aquad tick leaves becomininininn

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>> jellyfish have been washing ashore. millions of jellies floating off the coast since april. they say it's not unusual. they're likely moon jellyfish common along the coast. inevitably some drift close to land, get caught in the surf where they wash ashore at high tide and die. what was once simply apopular aquarium plant has become an evasive aquatic weed that's threatening to choke off parts of the delta threatening boaters, swimmers and wildlife. this assignment 7 report from discovery bay. >> and now what you see. >> it litters the otherwise pristine bays of discovery bay. its long mangy tentacles rising to the surface following the water at nearly every turn. >> not great. >> called a brazilian water weed, it's a weed that many fear could some day take over these

waters, one that already sur services more than 12% of the delta. >> an aquarium plant that was probably released during an accidental aquarium dumping or someone trying to release their aquarium pets to kind of save them and put them in the wild and don't realize the impact to the environment. >> now it's not just a nuisance but become a danger to delta boaters, swimmers and the fish and wildlife that depend on these waterways. >> some so crowded that the larger fish can't even swim into that area. >> this past summer in parts of discovery bay, it became so thick homeowners paid for a mechanical harvester to cut back the plants. then they put up special buoys to keep is from coming back. in other areas homeowners have come up with their own methods for fighting back. >> this is the first year we've seen it like this to where now it's really starting to come up at low tide.

you just see it. >> it's so hardy and insuddenious that the efforts of individual homeowners provide only temporary relief. >> i'm afraid when it gets so bad people are going to be in the wild west show, do whatever they want. throw chemicals in, bleach, gas. >> that's why contra costa officials are doing what state agencies form, a task force. >> we need to keep the agencies at the table. we need to work very hard on advocacy, intent and language to give the department waterways power and authority to work more comprehensively on the issue and funding. funding is critical. >> this is the worst year that we've seen as far as the plant. >> clark is a long-term discovery bay resident that serves as a commissioner for the california department of boating and waterways. >> the plan going forward is going to be a combination of trying to harvest a lot of it in

the very beginning in april and then apply a herbicide that has been. >> proved for the area and won't damage the water or the environment. >> it's a plan that will require at least two to $3 million in funding from a state that may not have it to give. a solution can't come soon enough for those most impacted by the insidious plants. >> here in discovery bay, the weeds have grown so thick that some places folks have a hard time getting their boats out of the slip. >> now we're stuck. >> the boat we were riding in became entangled in the weeds, an illustration in a problem that's literally growing by the day. >> that's not good. >> in discovery bay, laura anthony, abc 7 news. >> lisa argen here now with a preview of the weather forecast. not a preview, you've got the

whole shah bank. >> you've got almost a repeat performance from yesterday. the temperatures a little warmer. that's because we haven't dropped that much. a live look outside right now. the sun officially coming up 6:49. setting at 4:59. so, yes, the days getting shorter. make sure you get out and enjoy it. another reason this time next weekend rain across the bay area. so right now looking at temperatures on the mild side due to all that wind, especially in the north bay, the valleys where the colder air drains or where we have a harder time mixing out that air. it's warmed up since yesterday. so it's 68 degrees right now. 57 san francisco, 63 fremont with 62 san jose. the winds though are gusty in the south bay but 24 hours ago we were cooler. we're 17 degrees warmer this morning in santa rosa on average 6 to 8 degrees warmer pretty much everywhere from the delta to the valley, closer to the bay

and even at the coast. so it's really been a nice mild night and with the winds in the overnight hours, they haven't been too bad at the surface. the higher elevations gusty winds and the wind advisory calm at the airport as well as concord but out of the north at 12 by the delta. a clear and mild start this morning but sunny and breezy conditions again today as those winds blow out of the north-northeast. high elevations, wind advisory and the cooling underway by tuesday. the wind advisory continues right on through tomorrow morning for the north bay mountains. the diablo range, the carquinez strait in delta and east bay hills. so we are looking at the winds once again above 50 mph around mount diablo and about 30 to 40 mph mount tam. definitely keep that in mind. but it's also bringing the warmer air up from the valley to the bay and we're looking at a nice day today pretty much all across the state dry weather. warm in the southland with 78

los angeles and that's all due to high pressure. we're looking at the storm track riding up and over the ridge. one at the surface, one had he upper levelstivity -- level of the atmosphere. tomorrow not as windy. by tuesday we'll have some cooling, an area of low pressure the gulf of alaska wants to drop down and bring us rain by the end of the week. 75 santa clara, saratoga. redwood city. look for 72 half moon bay. similar conditions this afternoon. downtown san francisco 80 santa rosa. 68 bodega bay and stinson beach, 73 vallejo, berkeley. 75 fremont and out over the hills beautiful day, 77 antioch. 75 for pleasanton and concord. by the monterey bay, checking in at 70 at about 2:00 this afternoon. the accu-weather 7-day forecast, only difference really between

today and tomorrow less wind. still very mild and look for slightly cooler tuesday and more significant cooling wednesday, thursday. here comes the rain. what you would expect from mid to late november. trying to look out my crystal ball and thanksgiving, it does look okay. that's if we can get rid of the rain that i think is going to come our way next weekend. >> all right. we're still into fall. winter has officially begun. >> no. the days continue to get shorter. enjoy it out there. >> thank you, lisa. don't go away. "7 on your side" is next. >> a simple way to protect senior citizens disabled in your own homes has been i go are knowed by the

item a settlement has been reached for a 90-year-old woman. that has brought attention to the home care provider industry part of which is not regulated in california. here's michael finney with the "7 on your side" investigation. >> 92-year-old rose michael gets a helping hand from her son and daughter. two years ago rose's family says she was swindled out of at least $30,000 to buy a caretaker hired through a home care agency. >> didn't realize it. >> pled guilty in 2009 to felony financial abuse after being accused of signing checks to herself and fraudulent purchases on rose's credit card. >> the better part of a year when we started realizing that some things were not right. >> the family would later learn the caretaker had been convicted

on drug charges back in 1994. now, she was paroled the following year, but though in and out of prison from 2000 to 2004 on various parole violations. then in 2008 the san mateo county superior court issued a restraining order to keep tanubo away from her own child. the company home care assistance then placed tanubo into rose's home. >> we trusted the agency that they said they did national and criminal background checks and local criminal background checks in that they were placing the best people in my mother's home. >> but the background check failed to turn up tanubo's criminal history. they sued them for elder abuse for falsely advertising they conducted thorough background checks. ata says it is now conducting

criminal background checks with the department of justice on all its caretakers. >> the industry and the state of california, neither of them have regulated this at all. we really decided on our own accord as we continue to grow and open additional locations that we wanted to put more of these checks in place. >> liza is rose's attorney. >> this case is important because it will send a message to not only home care assistance but all the care provider agencies that they cannot place just anybody in elder's homes. elder's are vulnerable, trusting. >> what happened to rose is sadly not an isolated incident. background checks conducted by the state under a new law passed last year have found nearly a thousand convicted felons working or seeking jobs as caretakers for seniors and disableds in california. but the law only mandates background checks for californians poor enough to qualify for in-home family assistance or rich enough to

afford caretakers also qualified to provide medical care. rose is part of a large middle class paying for her own care out of pocket and currently unprotected by the new law. >> anybody can go out and call themselves a home care worker. put an ad in the paper and they're not required to have a criminal background check. >> pat mcguinness is a director for advocates for nursing home reforms. she points to a murder in pleasant hill just this past june. prosecutors say mary jane scanlon used craigslist to hire the caregiver that would later kill her. diane warwick is accused of stabbing scanlon to death. warwick was convicted of attempted murder in 1999 following an incident at napa state hospital. but a jury later found her not guilty by reason of insanity. >> i guess we feel a little let down by the state.

>> in 2008 the legislature passed a law that provides at least some protection but little is done to enforce it. it gives the state's public assistance program in-home support services the authority but not the mandate to conduct background checks for all seniors and disabled looking to hire caretakers. we called the counties of san francisco, san mateo, santa clara, alameda, contra costa and marin. only san mateo county offered to do a background check. the other counties told us they couldn't do background checks unless the caretaker was already registered in their system. >> we pay legislators to enact legislation to protect the public and nothing happens. it just sits there on the books? what's the point? >> the california advocates for nursing home reform blames the department of social services for not i am pla meanting the law. the department of social services told us it doesn't think it has the authority to do

that and declined our request for an on-camera interview. i'm michael finney, "7 on your side." >> coming up next, the exhibit open that celebrates one

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with feeding america and hamburger helper®. when you buy hamburger helper® you can help feeding america deliver a meal to a local food bank. visit this website to see how you can help. >> well, here are the winning numbers from last night's superlotto plus, 4, 10, 30, 31, 41, the meganumber 21. no one picked all 6. the jackpot grows to at least 8 million dollars for wednesday's drawing. the pulitzer prize winner play got a start in san francisco 20 years ago and called one of the most important plays of the 20th century. a revival is showing on broadway while here at home there's a new exhibition of its history. here's arts and entertainment reporter don sanchez. >> on what you want.

oh, too much to believe. >> the hbo film of angels in america. the story tragic, disturbing and hill layer useless focussed on aids, love, death and politics in the late '80s but started on stage here. >> san francisco and every step of the way. christian was back to celebrate its 20th anniversary with performance and design. >> moving and slightly strange out of body experience. >> it worked because his inner instincts are so extraordinary. you can't put up a couple photographs and say you're serving angels of america. you gotta have wings, a show. >> here are the original angels wings used in the first production and other sets of wings as the show just got bigger. it's award a pulitzer prize, the emmy, the actors who began it. for kushner, it's like life's

work. he wrote on this formica top table on a legal pad putting down words that would change theater history. writing in longhand words and notes that led to two plays, seven hours, theater that was simply ground-breaking. >> when it arrived, they say there were certain things going on in the country that made it necessary. >> the aids epidemic to silence, the counterrevolution to the 60s and environment. fisher says some things have not changed. >> a great resonance to contemporary events. >> in san francisco, don sanchez, abc 7 news. >> up next at 6:00, the policeman hunt continues in fairfield for a suspect wanted in a double murder. oakland police are trying to find a suspect who left a man

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