these men and women remind us that heroism is found not only on the field of battle. they remind us that heroism does not require special training or physical strength. heroism is here. in the hearts of so many of our fellow citizens, all around us, just waiting to be summoned. as it was on saturday morning. their actions, their selflessness poses a challenge

to each of us. it raises the question of what, beyond prayers and expressions of concern, is required of us, going forward. how can we honor the fallen. how can we be true to their memory? you see, when a tragedy like this strikes, it is part of our nature to demand explanations. to try to impose some order on the chaos. and make sense out of that which seems senseless. already, we've seen a national conversation commence, not only about the motivation behind

these killings but from about everything from gun safety laws to the adequacy of our mental health. and much, much of this process of debating what might be done to prevent such tragedies in the future is an essential ingredient in our exercise of self-government. but at a time when our discourse has become so sharply polarized, and at a time when we are far too eager to lay the blame for all that ails the world at the feet of those who happen to think differently than we do, it's important for us to pause for a moment and make sure that we're talking with each other in

a way that heals. not in a way that wounds. scripture tells us that there is evil in the world. and the that terrible things happen for reasons that defy human understanding. in the words of jobe, when i look for light then came darkness. bad things happen and we have to guard against simple explanations in the aftermath. but the truth is, none of us can know exactly what triggered this vicious attack. none of us can know with any

certainty what might have stopped these shots from being fired or what thoughts lurked in the innerrecesses of a violent man's mind. yes, we have to examine all the facts behind this tragedy. we cannot and will not be passive in the face of such violence. we should be willing to challenge old assumptions in order to lessen the prospects of such violence in the future. but what we cannot do is use this tragedy as one more occasion to turn on each other. that we cannot do.

that, we cannot do. as we discuss these issues, let each of us do so with a good dose of humility, rather than pointing fingers or assigning blame. let's use this occasion to expand our moral imaginations, to listen to each other more carefully. to sharpen our instincts for empathy. and remind ourselves of all of the ways that our hopes and dreams are bound together.

after all, after all, that's what most of us do when we lose somebody in our family, especially if the loss is unexpected. we're shaken out of our routines. we're forced to look inward. we reflect on the past. and we spend enough time with an aging parent, we wonder, did we express our gratitude for all the sacrifices that they made for us. did we tell a spouse just how desperately we love them. not just once in a while but every single day. so some loss causes to us look backward, but it also forces us to look forward, to reflect on

the present and the future. on the manner in which we live our lives. and nurture our relationships with those who are still with us. we may ask ourselves if we've shown enough kindness and generosity and compassion to the people in our lives. perhaps we question whether we're doing right by our children or our community, whether our priorities are in order. we recognize our own mortality. and we are reminded that in the fleeting time we have on this earth, what matters is not wealth or status or power or

fame, but, rather, how well we have loved. and what small part we have played in making the lives of other people better. and that process that process of reflection of making sure we align our values with our actions, that, i believe, is what a tragedy like this requires. for those who are harmed, those who were killed, they are part of our family, an american family, 300 million strong.

we may not have known them personally, but surely, we see ourselves in them. in george, in dot and dorwan and maudy, we sense the abiding love we have for our own wives, our own partners. phil phyllis, she's our mom or grandmom. gabe, our brother or son. and judge roll, we recognize not only a man who prides his family and doing his job well, but also a man who embodied america's fidelity to the law. and in gabby, gabby, we see a

reflection of our public spiritedness, that desire to participate in that sometimes frustrating, sometimes contentious, but always necessary and never-ending process to form a more perfect union. and in christina, in christina, we see all of our children. so curious, so trusting so energetic, so full of magic, so deserving of our love. and so deserving of our good

example. if this tragedy prompts reflection and debate as it should, let's make sure it's worthy of those we have lost. let's make sure it's not on the usual plane of politics and points scoring and pettiness that drifts away in the next news cycle. the loss of these wonderful people should make every one of us strive to be better, to be better in our private lives, to be better friends and neighbors and co-workers and parents. and if, as has been discussed in recent days, their death helps usher in more stability in our

public discourse, let us remember it is not because a simple lack of civility caused this tragedy, it did not. but, rather, because only a more civil and honest public discourse can help us face up to the challenges of our nation, in a way that would make them proud. we should be civil because we

want to live up to the example of public servants like john roll and gabby giffords who knew first and foremost that we are all americans, and that we can question each other's ideas without questioning each other's love of country. and that our task, working together, was to constantly widen the circle of our concern. that we bequeath the american dream to future generations. they believe -- they believe and i believe that we can be better, those who died here, those who saved lives here, they helped me believe. we may not be able to stop all evil in the world, but i know that how we treat one another,

that's entirely up to us. and i believe that for all our imperfections, we are full of decency and goodness and that the forces that divide us are not as strong as those that unite us. that's what i believe. in part, because that's what a child like christina taylor green believed. imagine, imagine for a moment, here was a young girl who was just becoming aware of our democracy. just beginning to understand the obligations of citizenship.

just starting to glimpse the fact that some day she, too, might play a part in shaping her nation's future. she'd been elected to her student council. she saw a public service as something exciting and hopeful. she was off to meet her congresswoman, someone she was sure was good and important and might be a role model. she saw all of this through the eyes of a child. undimmed by the cynicism or vitriol that we, as adults, all too often take for granted. i want to live up to her expectations. i want our democracies to be as good as christina imagined it. i want america to be as good as she imagined it.

all of us, we should do everything we can do to make sure this country lives up to our children's expectations.

as already has been mentioned, christina was given to us on september 11th, 2001, one of 50 babies born that day to be pictured in a book called "faces of hope." on either side of her photo in that book were simple wishes for a child's life. "i hope you help those in need" read one. "i hope you know all the words to the national anthem and sing it with your hand over your heart." "i hope you jump in rain puddles." if there are rain puddles in heaven, christina's jumping in them today.

and here, on this earth, here on this earth, we place our hands over our hearts and we commit ourselves as americans to forging a country that is forever worthy of her gentle, happy spirit. may god bless and keep those we've lost in restful and eternal peace. may he love and watch over the survivors and may he bless the united states of america. >> millions of americans listening together tonight, as the president spoke about the victims of the shooting in tucson and called on all americans to live up to the

expectations of a magical 9-year-old girl, choking up when he spoke of her, calling for democracy as good as she imagined, george. >> the emotional heart of a homily, and also to eulogize the victims. another motional high point, diane, they talked about coming out of congresswoman giffords' hospital room after he left, after he left, gabby giffords opened her eyes. he repeated that three times, she has opened her eyes for the first time. >> and she knows that we are all pulling for her. for all of you who have joined us tonight, we thank you. we want to you know we're going to join you to your regular programs. >> a special one-hour edition of "nightline" will be tonight. >> that will right after your late local news. for all of us together, tonight, i'm diane sawyer, for george

stephanopoulos, wishing you a good night. is. an apology from arnold schwartzeneggar. >> the struggle to capture a pit bull that attacked a 10-year-old boy. >> and a story of compassion in a coffee cup. a woman joining her part to help the victims of the haiti earthquake. >> and a second scam accused of bilking hundreds of northern california homeowners. that story is straight ahead on 7 on your side.

good evening, thanks for joining us. we're running late tonight because we've provided coverage of the president's speech in tucson. >> we'll have a recap of the memorial service coming up later in the newscast. >> an explanation and an apology to the family of a murder victim. >> but the letter is only causing more pain. the former governor explains why he commuted the sentence of a high-ranking politician's son. we have the family reaction. >> schwartzeneggar said he was so sorry the commute taigs caused this family more pain. the family, though, calls this letter a public relations stunt, a joke and damage control. now, they're talking about a lawsuit. >> dr. pl. and mrs. santos, words cannot adequately express the sorry of my heart for the loss of your son. >> reporter: the letter only made her more outrage.

>> maria and i send our condolences and heart felt prayers, most sincerely, arnold schwartzeneggar. >> the letter arrived over the weekend. the first time schwartzeneggar reached out to the family since refuse -- reducing the sentence of nunez from 16 years for the role in the murder down to seven. nunez is the son of former assembly speaker nunez, it was one of intarts's final moves. the then governor apologized for adding to the grief wrote but our system of justice demands of fact be weighed without the passion of a father's rage and the facts of the case do not support the equal sentences for both men. >> his facts are base td on what feignin told him. nothing to do with real facts. >> schwartzeneggar calling the sentence excessive. >> the commute taigs was strictly political corruption. those two guys in cahoots.

and trying to do a back door deal. and if they think they're going get away with it they have a long thing coming. >> she says the family's rights were violated and they should have been notified about the reduced sentence. >> in every state nrk the federal government executive has power of pardon and commute taigs of sentence. that is virtually in a court of law in the letter schwartzeneggar says he know nose sentence is too harsh for the murder of santos but santos's mother calls it insincere. >> i just thought to myself wow. fabian still got way with it. he couldn't in the courts, he got away with it, with his buddy. >> reporter: instead of helping, she said it made her

pain worse. the family says if they do decide to sue it will be because they believe their rights were violated under the california bill of rights. >> thank you. and the man wrongly convicted of a double murder is a free man tonight, walking out of jail after a coverage overturned this conviction. vic lee explains why he was released. vick? >> reporter: he was only 22 when he went to state prison for murders of two people during a drive by shooting. he's now 40 years old, and going home. this afternoon, connelly said goodbye to prison with an entourage of family and friends he walked out of the san francisco county jail and into a waiting hummer. >> what are you going to do now? >> take it one day at a time. >> reporter: he uttered only a few words. his family, and lawyer declined to say anything. but yesterday the attorney general told abc 7 his adjustment could take time

after 18 years. >> if he goes home and tries to reconnect with the family and makeup for lost time. >> this shooting in the spring, 1989 shocked san francisco. connelly convicted of a drive by that killed two people and injured 11 others. the key witness said he confessed to him but last month, a judge overturned this conviction after learning the prosecution never disclosed the witness, who since died received money from lead investigator earl sanders, sanders later becoming police chief. last year add misting giving payments but said he told prosecutors about it. the district attorney says it dismissed the case reluctantly. based on current state of evidence 22 years after the fact and the death of key witnesses we'll not be able to sustain our burden of proof at trial. and the new district attorney told me he personally reviewed this case and approved dropping it.

connelly's attorney tells me he believes there are other cases during that era, late 80s and early 90s when authorities suppressed evidence to incriminate innocent people and many may still be in prison. >> thank you. >> and a pit bull attacking a 10-year-old boy captured this morning. animal control is investigating whether the dog was released to attack the boy monday afternoon. the dog ease owner will have to decide whether to yunlanize him. police are waiting for animal control to wrap up. >> should there be information developed through the investigation, the officer handling this case, that this was an intentional act by perpetrator to sick the dog for lack of a better term on the young boy, we'd become involved at this point. >> the 10-year-old has to have reconstructive surgery on his right arm next week and is getting multiple shots.

>> in san jose tonight a fire at a medical marijuana dispensery is being called suggestion pishus. the question was this a deliberate act? >> the managers tell me they're devastate bid this fire, they do believe was arson. they say there was no grow operation taking place at this location, only sales. the fire department confirms they didn't see any violations on that front or this electrical problems. the fire started after 3:00 this morning at a medical marijuana collective. fire investigators say this appears fire started outside, on the porch and are collecting tofdz determine if this was arson. >> the investigation follows a certain criteria. now, he's probably looking at accelerants to see if there is evidence of that. >> operators did not want to talk but other medicinal

marijuana managers are speaking out. >> this is people many people use as a vital medication. there is no reason to see a hate crime like this taking place. >> the fire follows a string of armed robberies at collectives which has some people questioning if the pot businesses are a magnet for crime. council woman herera says under fed skpral state law they're illegal and the city should reconsider her call for an out right ban. >> we need to be careful about the kind of businesses we encourage here. and what that kind of impact has on the story in -- city. >> and last month, city leader as proved a 7% tax on the sale of medicinal marijuana but have yet to put regulations in place making the businesses legal under city lay. this council member says regulation is he sen toshl cutting down on crime. >> there is limited number and i think we're searing -- seeing

consequence autos san jose is stuck in a gray area of debate. local law enforcement raided and shut down 11 medical marijuana operations. >> my plea to both law enforcement and city leaders is start treating businesses as legitimate businesses so that we can have city services and feel safe. >> the medical marijuana taxes set to go into affect march 1. the council hopes to have formal regulations for these operations by june. in san jose abc 7 news. >> and thank you, and up next a tucson mass shooting. president obama has just spoken for the victim. ts message delivered to the families and nation. >> sara palin sticks to her guns condemning journalists for blaming her for shootings. >> and marking anniversary of the deadly earthquake in hatey. how people are using

you can see

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good evening. the nation has come together in arizona to pay tribute to victims in the shooting rampage over the weekend. congress woman giffords was hosting a meet and greet. the president paid tribute to all of them as well as 13 survivors and heroes that eventually tackled the gunman. he asked to use the event as a turning point in national politic autos what we cannot do is use this tragedy as one more occasion to turn on each other. that we cannot do. >> the president used the

speech to announce giffords opened her eyes today shortly after he visited her and other victims in the hospital. >> a candle light vigil is just wrapping up for victims of the saturday's shooting rampage. people gathered outside oakland city hall. congress woman barbara lee and young democrats hosted the event. the organizers say the purpose was to condemn local violence. you've heard congress woman giffords continues to show signs of progress, again the president says she opened her eyes today z doctors also say she can make small movements on her own touching her wound and tugging at her hospital gown. the congress woman's husband remains at her bed side. gifford suffered a single shot to the head and is breathing on her own and able to respond to voice commands. giffords is expected to survive, doctors say long term

outlook remains unclear. >> a pair of uc graduates created a scholarship fund to honor a fellow alum killed in the shooting. the 30-year-old gabriel zimmerman was a congressional aid graduating from uc santa cruz in 2002 with honors. the scholarship fund will assist financially challenged students who intend to make a career in public service. you can find a link on our web site. just look under see it on tv. >> in the meantime police records released today from an arizona community college detail erratic behavior of the suspected shooter, one report says lougtner became incomp hencible when his face became jittery and contorted nchl a class he stunned instructors with bizarre outbursts about abortions, wars and killing people. he was suspended in september. hours before the shooting he

was pulled over for running a red light but let would have a warning. he also made two shopping trips to wall drs mart and ran from his father with a black bag after an angry confrontation. >> today was supposed to be the day the house voted to repeal reform. instead lawmakers spent the day on a resolution honoring victims of the shootings, but sara palin posted a video turning attention back to the debate over political rhetoric. >> sara palin posted this video condemning those who she says are blaming her for the shooting. >> reporter: in her video sara palin cast herself as a victim of left leaning politicians, pundits and the press. >> journalists should not manufacture a blood libel that serves only to incite the very hatred and violence that they purport to condemn. >> the sheriff of pima county, arizona sparked the debate.

the day after the shootinging on politicians to dial down rhetoric. >> anger, hatred, the big gotry that goes on in the country is getting to be outrageous. >> that led to reports sara palin had politically targeted gabby giffords, today she answered but her choice of words blood libel, stirred up more hard feeling autos we heard this morning from members of the jewish community deeply upset by the use of the term "blood libel". >> the associate director of the jewish relations explains it's a term date back to 12th century. >> it's an untrue idea jews used blood of christians and their children for religious ritual. >> a lie used to justify violence against jews. palin's use of the term defended today by conservative common tateor sean hannity. >> a lot of people would use holocaust in nuclear hollow

cost or crucified for getting clobber forward something in the political arena. but this is the left looking for anything they can to attack her. >> i think initial reaction was about political rhetoric. >> monday, saying the debate was fading. >> people are into a second phase. the discussion is more about two things first of all guns control laws and secondly, mental health. as we learn more about this incident. and you can see already discussion is shifting in that direction. >> until today when palin posted this video. >> yes. may god bless america. >> professor cane believes sara palin is almost certainly lining up for another political race in 2012 and staying in spotlight is part of the plan. >> thank you, mark. >> there is a quick programming note. night line will air a one hour edition tonight beginning at 11:35 after the 11:00 news here on abc 7. >> one year ago today it hit.

a massive earthquake devastated haiti. the quarter of a million people were killed and more left homeless. the recovery efforts has a long way to go. and with help of people all over the world the haitian people are working now to create more sustainable livelihoods. abc 7 tonight on a bay area effort to help coffee farmers. >> in late 1700s haiti supplied half of the world coffee. today farmers there would like to find their way back into the market. >> people started to tell me yeah. yeah. there is lots of coffee. it grows. we don't know how to sell it to the united states. >> mariam pastorknack knows haiti well. she work was the partners of the american farmer to farmer program with help of the owner of the mojay cafe she's trying to build market here in the u.s.. and this man owns haiti coffee company in santa rosa. >> coffee is number one crop. so they like to sell the

coffee for -- they like to sell the coffee w coffee they can raise their kids. it acts, they like to have good prices for coffee. >> in six months they've worked with farmers in the north of the country. >> some saer areas didn't know how to process it to the quality we expect here in the united states so. we've been educating them to improve qaumt. >> that has been kuday's job. now they process beans in northern california. and sold at the cafe. haitian farmers know coffee is in demand in the world. it's the second-largest commodity after oil. so potential is huge as long as the country is able to maintain some political stability. also helping farmers is michelle from pacifica. she operates a nonprofit called the cares foundation teaching haitians about the plant. the oil extracted from the

seed can be used as bio fuel. >> you can crush a seed, the seed is 40% oil. you put oil directly into a generator and it will run. >> it's helping farmers become more sustainable. this is a generation that wants to be different. they're aware and know they need to catch up. >> in san rafael abc 7 news. >> and this is a company now facing a $60 million lawsuit. >> michael finney explain yz

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>> it's being offered as a way for homeowners to stay in their homes, regulators expect it's another scam. michael finney has the story. >> two companies are facing a $60 million lawsuit from california attorney general. the suit alleges their work is meaningless but fees they collect are huge. >> luce loves her home of 40 years. she's in danger of losing it so when she received this mailer from u.s. loan she took snts. >> he told me is that they went after that fraudulent loan. >> the flyer received stated

it was investigating her lender for predatory lending and she may be a victim and qualify to initial yait a lawsuit. she says the company predicted she would win a settlement. >> u.s. bank would pay me back all of the interest i'd paid through this case, they said. because you knee ill legalities going on. >> she agreed to pay the company $5900 for what is known as a loan audit. in the complaint the attorney general's office called a forensic loan audit a computer again rated report create bid their nonlegal staff. david limb is with real estate fraud division of the district attorney office. he's not familiar in this case but has seen this before. >> people are not qualified to be do loan add yits. they're not accountants or lawyers. and it is just a classic bait and switch theft scheme. >> u.s. loan auditors

presented luce with the report and convinced thor pay $12550 a month attain services of an attorney. burke hanson. hanson rents an office in this building with other attorneys not associated with him. five months have gone by. she says she's never seen, nor heard from hanson. nor has he returned her calls. she's now convinced she was duped. >> because i believe they were legitimate. they wrnlt. -- weren't. they convinced me they are. >> conartists are changing wait they pitch their scam. so this is just another fancy term they're using to mask what is just a way to separate homeowners from money. >> today we heard from the attorney who says he filed what he describes as a cookie cutter lawsuit. we're waiting for him to send us a copy.

the attorney general says there are hundreds of victims in this case and hopes to rin win restitution for them. the companies shut down and filed for bankruptcy. >> thank you. >> and coming up here, larry beil is out at oracle arena tonight. on a well, i love a deal on a designer bag as much as the next girl! love! i love love love! as a buyer for t.j.maxx, i'm always on the hunt. i check out the shows. i see what's happening on the street. and i work deals directly with the designers. so when i score... you score. gimme a fashionista... i'll make her a maxxinista. t.j.maxx. let us make a maxxinista out of you!

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warriors taking on lakers tonight. >> kobe is in town and larry beil is live tonight. >> the question of the challenge for warriors that if they can find a way to break the strangle hold the lakers had over them. and they have beaten golden state 11 times in a row. good news for warriors is that there is a improved. >> we get memos from the leak from time to time. and they're usually serious. and this is really serious. ellis named nba mayer of the week. >> so i didn't know you're auditioning for an episode of

"punk' d". >> nobody had a clue. what happens is that i talk to the team it's very serious. i just wanted to see if i can find something to knock them off balance a little bit. we're proud of the accomplishments of monty. it worked out. >> well done. >> and he's bothered a little bit bit flu. and there is no question, i'm disappointed people around the united states haven't recognized him a lit bit better. >> and there is a trade deadline coming up. last year aassumption is that he's going to be out of here. do you still get calls from people thinking maybe they've got a shot?

>> that slowed down and i never got calls people thought. there was never a shopping of monty ellis. there is not many people who think they can get him away from us this year. >> you've got a critical stretch of home games here and you're in the middle at home. do you think it's safe to say if the team is going make a run with a roster now is the time? >> there are no excuses, injuries have been a problem, everybody is healthy there. is a home stretch. >> let's talk about the lakers a little bit. they've had ups and downs and there is some controversy but they won five and you heard

them right. and there is let's talk about dealing with lakers. >> we'd like to have their problems. >> and rings too. >> we've got the rebound tonight and there is a long buchbl. we can't turn it over. we have to have possession of the ball and have to have quality shots. and if we can do those things we'll have a chance to get the game to the 4th quarter. >> there is warriors general manager thanks for dropping by. and i'm sure we'll be talking to you. >> that is a wrap. we'll have highlights at 11:00 and 9:00. >> thank you. >> and let's give you a look at the forecast. >> yes. nice to see the sun for a change. >> this is nice to see the

gun. there is is a chance of rain. valley fog, sunny mild weekend. satellite radar shows an approaching cold front and this is in the morning some light rain is developing and there is perhaps hitting other parts of the area. so most of the bay area not very wet to. and there is san francisco a low of 50. there is loi 40s and tomorrow, a threat of rain mild with highs into upper 50s to just above 60 degrees there is highs about 56 and 57 degrees, highs into low to mid-50s, mid

to upper 50s in the low to mid-50s and look for highs into low 60s, there is a mild day there. this is the accu-weather forecast. after this rain tomorrow we'll see sunny skies friday through next wednesday. things looking good and temperatures climbing back into low 60s and there is into monday. >> tonight san francisco's newest museum opens doors tomorrow night. it's the first in the united states. it is in the heart of the castro. and don sanchez takes you inside. >> the kitchen table where harvey milk used to make plans and it's the real thing. collected for 25 years, glbt history museum is a look at life of gay, lesbian and

transgender people in the bay area. there is a place where there are stories to be told. >> this is important. and straight people learn bit in school or families, gay peoples families don't have gay histories to tell them. >> there are life times of memories. a drag queen gown and men in dresses, that is tallulah bankhead. matchbooks from many gay and lesbian bars, it's about life changing events. these clothes when they became the same-sex married couple. and story that's gay japanese man sent to an internment camp z personal moments of people remembered again. >> you can go up and find traces of your ancestor autos their struggles, failures and triumphs. >> this shows how people saw

themselves. they're ideal and fantasies. from gay liberation era of the 60s and 7s and to the tragedy of aids into the 80s, so tragic and violence flared. museum has more than 5,000 photographs, 3,000 periodals and a small display last year brought 25,000 visitors in 11 months, validating the need fr a permanent museum. >> there is a story in san francisco values about how we love our communities and we want to portray ourselves in all diversity. >> and that does it for this edition of the news. >> thanks for watching we appreciate your time. >> good night everyone.

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