>> he's not doing this to saber rattle. he's not doing it to make idle threats. >> plus, scott peterson heads back to court tomorrow. we're going to break down why he's being resentenced for his double murder conviction nearly 20 years ago. and how's the fix going? we investigate new data on the millennium tower and how much it's leaned during recent testing. the news at 5:30 starts right now. good tuesday, thanks for joining us, i'm janelle wang. >> i'm raj mathai. this was a high-stakes meeting. president biden warning president putin not to invade ukraine. russia has been moving troops to the ukrainian border for weeks raising concerns that putin will test the west's willingness to protect its allies. >> good to see you again.

>> reporter: video shows president biden and putin greeting each other during the start of the meeting. it comes a tens of thousands of troops are at the border. >> everybody knows what the buildup is. he wants to get people's attention, and he has. >> reporter: the white house says president biden warned putin the u.s. and european allies would respond with economic and other measures if troops cross the border. >> he's not doing this to saber rattle. he's not doing it to make idle threats. he's doing it to be clear and direct with both the russians and with our european allies about the best way forward. >> reporter: putin wants to keep ukraine from joining nato and keep the defense alliance from putting defense systems in the former soviet republic. >> his goal is to destabilize ukraine. >> reporter: senior administration officials said an

invasion to move to cut off russia financially or stopping construction on a gas pipeline from russia to europe. >> it's not only economic sanctions that we need to move in front of the russians but militarily reinforcing the ukrainians, making them a harder nut to crack. >> reporter: but as usual with putin, it's unclear whether this troop buildup is a bluff. allies need reassurance that the u.s. will fight for their interests. in washington, chris pollone, nbc news. in otherness, resentenced for a double murder he committed nearly two decades ago. scott peterson will be back in a bay area courtroom tomorrow. this comes as the california

supreme court overturned peterson's death sentence last year, because jurors who personally disagreed with the death penalty but were willing to impose it were improperly dismissed by the judge. but while his death step was overturned on appeal, the high court left in place his murder conviction. let's bring in our legal analyst dean johnson. you and i covered the entire trial in 2004 to 2005. we saw a conviction. then a sentence. now there's a resentence. is this unusual? >> it's not that unusual. death penalties are quite frequently overturned. of course anyone who receives the death penalty gets an automatic appeal. and in this particular case, it was predictable, because the selection process itself left this jury not only qualified to impose the death penalty but pre-disposed to do so.

>> laci's family was at the entire trial. they will be there tomorrow. we are told they will give powerful victim impact statements. could that even affect the judge's decision or no, since the high court already ruled that the sentence would be overruled? >> no, the judge has only one real alternative, which is to impose a sentence of believe without possibility of parole, but you and i both remember that first sentencing hearing. that was one of the most powerful court proceedings anyone had ever seen, when laci's mother looked scott peterson in the eye and said why did you have to do this? why did this have to happen? there were so many alternatives. i can remember seeing tears in the eyes of hard-boiled homicide detectives, and everyone in the courtroom was moved and i'll neff forget it. i think tomorrow we'll hear the same people say that 17 years of

time has not healed that wound one iota. >> scott peterson is also expected to speak at this hearing. is that normal? what will he say? >> i think this is a strategic move on the part of scott peterson's defense. they're anticipating that there will be a new trial in this case, and this is scott peterson's opportunity to speak out and to tell his side of the story to people who could be potentially jurors in the trial of scott peterson, version 2.0. >> now he is being resentenced. they are also going to have a hearing next year. if there could be a new trial because of a possible tainted juror. here nickname was strawberry shortcake because of her red hair. can you tell us more about that? >> february 25th through approximately march 3rd, the court is going to have a hearing. strawberry shortcake will testify or not. we're told that her appointed

council has told her to assert the fifth amendment. there are negotiations going on now about whether she will receive immunity from the prosecution. so we may hear her side of the story as to why she answered questions, which, which the defense now says were false answers. if, in fact, she hid pertinent facts from the defense during the voir dire process, the judge may very well say that scott peterson didn't get a fair trial and that he is going to get a brand-new trial from scratch. >> before we let you go, if scott peterson is granted a new trial, would the defense be at an advantage? because they now know basically all the evidence from the trial, and they could find experts to poke hole in the prosecution's theories. >> yeah, the old saying is that the prosecution always wins a retrial. i think this is going to be an

exception to the rule, because, if you look back over the things that have been discovered, new evidence, weaknesses in the prosecution's evidence, witnesses that were not brought forth, really, the prosecution's case against scott peterson is really more hole than case. and the prosecution filled in those holes with some very questionable expert testimony that was problematic both scientifically and factually. this is going to be a very different trial. both sides will, of course, know the mistakes they made before and try to correct them, but i think there is a very good chance that if scott peterson gets a new trial he will walk out of some courtroom door somewhere years down the road as a free man. >> legal analyst dean johnson, thank you so much. you'll be joining me tomorrow, you know the ins and outs of this case and were in the courtroom every day. we will break it down tomorrow

morning starting at 10:00. during a four-day period last month, the millennium tower tilted another four inches. this happened during an attempt to fix the building. jaxon van derbeken has the update tonight. >> reporter: here at the millennium tower, they are using methods to limit settlement during the so-called fix of the already-leaning luxury high rise in downtown san francisco. so far, data monitoring it show it is has already sunk two more inches at one corner and leaning two feet over the northwest size and it sunk again during a test pile last month. it also tilted a quarter of an inch in just four days.

and this may explain why. it's ground monitoring data from down deep under the building where a layer of clay resides. there you can see a sudden fluctuation, reflecting a loss of a dozen feet in the ground water level near the corner of the building over that four-day period. >> this is a large drop of you can't see the scale on this, but this is a pretty traumatic effect. >> reporter: while the pressure went back up, bob pike believes the brief loss likely triggered settlement and that the fix is to blame. >> it's no different than sucking a straw into a milkshake. >> reporter: the sucking is the debris during drilling. long enough for settlement to occur. >> you can accidently remove

soil that you want to stay in place. >> reporter: he says the data suggests engineers clearly do more to refine their methods. >> they're always going to get some degree of settlement. obviously, you want that to be as low as possible. >> reporter: the fix designer has assured leaders that the settlement is within levels. he has permission to put in two more test piles, testing he says is needed to determine how many piles will be needed to shore up the structure. jaxon van derbeken, nbc bay area news. 80 years ago today, the u.s. was forever scarred as pearl harbor was attacked. hundreds of japanese bombers descended on pearl harbor's naval shipyard. many sunk. others were damaged. the attack left more than 2400 americans dead. and 1100 wounded.

the next day, the u.s. declared war on japan. now it comes as no surprise that those who lived through the 80 year later, five survivors now over the age of 99 made the journey to hawaii for what could be the last time. they spoke with carrie sanders about wounds that still have not healed. >> do you feel as you stand here, knowing that the arizona was there. >> you can still see the ship sitting there, 45 degrees, covered in smoke. >> you see that as you stand here? >> oh, yeah. >> how come i survived? and why did they die off? >> and you don't have an answer to that, do you? >> no, i don't think anybody does. >> we are forever grateful to them. the government doesn't strange pearl harbor survivors, but it's estimated fewer than 2% are

alive. coming up at 6:30 how they feel about japan now. what is being done around the south bay to determine what variant is spreading around schools. what the workweek could look like in the bay area. after sunshine and blue sky today, yes, it's back tomorrow, an update heavier rain in six minutes. oheavier rain in six minutes. nheavier rain in six minutes. heavier rain in six minutes.

♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪

there's new guidance for stanford students returning to campus after winter break. students living on campus will need to take a rapid test the day they arrive and be tested two more times that first week. vaccinated faculty and staff will also be tested regularly, as for parties and gatherings, they'll be prohibited for the first two weeks after winter break. masks will be required indoors and in crowds.

booster shots are encouraged. a new strategy. the state is going to start sequencing positive covid tests taken at schools so they know what strain of the virus kids are getting. we tell you what schools are participating and how it's all going to work. >> reporter: since the pandemic hit, labs across the state have been busy sequencing positive covid tests from cities and counties in order to find cases of the new variant. now schools will be a part of that list and parents in santa clara say they're happy to hear it. >> i want to know if the kids bring the virus to the house or not. >> reporter: schools will have their positive samples sequenced include oakland, mountain view westman and san mateo. >> it was not so much in response to omicron but a growing understanding to the alpha variant to delta, that the virus is changing. >> reporter: concentric is one

of the companies processing the test for participating schools. they say the sequencing will start in a couple of weeks at the request of the california department of public health. >> but schools have really been the programs that are testing every single week. so you have a population that you can look at over time, which is really important. >> reporter: concentric is currently testing 80,000 students per week in california. >> with that testing in schools, it allows you to pick up those cases that maybe otherwise would be missed. and then can you figure out from sequential what are the variants present in those samples. >> reporter: currently, the state of california is sequencing 25% of all positive covid tests. santa clara county says they're sequencing between 25% and 40% of their tests. with the new initiative that number will jump, meaning more data, which experts say is key to planking and tracing covid outbreaks. many more schools are expected to start participating in the sequencing and testing program including several in oakland.

in santa clara, stephanie magallon. the bay area council teamed up with transportation leaders to collect data. about 40% of employers expect employees to return to offices three days a week once all restrictions are lifted. the change means on average, 1.1 million fewer daily commutes. we still got traffic, but it will just be less. >> a little bit. the fog has seemed to have cleared. we had a little bit of showers. >> yes. >> overall, a good day, and now we've got sunshine back, a little bit. >> it feels like winter. >> i didn't go outside today. i just know it wasn't so foggy, because i saw the live camera.

>> it was so awesome. it was so good. >> really? >> i soaked up enough blue sky from one person to another. hopefully you did manage some sort of sunshine today. we have this system right here, not a big storm, but the thing it will have with it is a slight chance of spotty showers and also the cloud cover. if you felt kind of gloomy this weekend, well, yesterday, with all the clouds that sat around, they're back again for tomorrow. you can see from the north bay down to the south bay, a chance for spotty drizzle. this doesn't move at all. we'll stay locked in. tri valley at 47, and i've got you in here with more low 50s over san francisco, north bay at 45. the cloud cover is going to be hard for us to warm up.

in the south bay, lots of 50s. 57 in milpitas. 58 in san jose. and this, yes, is exactly where we should be for those temperatures in december. over to antioch, 57, pleasanton, 58. up to walnut creek, upper 50s. peninsula, 58 in palo alto. double 5s in the marina. over to napa, 55, novato, 56. a chilly day for tomorrow, but then again things are expected to change ahead. we have sunday night into monday. no big changes in this. it looks like a storm system that's going to meet up with an atmospheric river to help boost our total. i want to get you up to date on what we see happening as of today. keep in mind we may see some timing and intensity changes as we get closer. right now it looks good for .75

to 3 inches. for the north bay, coast and mountains we could be up to 3 inches. might need to worry about small stream flooding. so my seven-day forecast, we dry it out thursday, friday, saturday. then comes that storm system. and take your eyes down here. we have winter chill coming in friday and saturday morning. we're going to be down in the 30s. so nice, chilly weather to welcome us into our friday morning. >> yes. heaters will be cranking. >> it was beautiful their are this afternoon. >> i stared up into the sky for a long time. >> stop making me jealous. i'll enjoy tomorrow. up next, china is responding

to president biden's diplomatic boycott of the upcoming winter olympics. china says the u.s. is violating the olympic spirit. i didn't have to shout out for help. because you didn't have another dvt. not today. one blood clot puts you at risk of having another, so we chose xarelto®, to help keep you protected. xarelto® is proven to treat and reduce the risk of dvt or pe blood clots from happening again. almost 98% of people did not have another dvt or pe. don't stop taking xarelto® without talking to your doctor, as this may increase risk of blood clots. while taking, a spinal injection increases risk of blood clots, which may cause paralysis. you may bruise more easily or take longer to stop bleeding. xarelto® can cause serious and in rare cases, fatal bleeding. it may increase your bleeding risk if you take certain medicines. get help right away for unexpected bleeding

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. china's not happy with the united states, a day after the biden administration announced the u.s. had diplomatically boycott the upcoming winter olympics, china is responding. quote, out of ideological prejudice and based on lies and rumors. china stay will respond with resolute counter measures. it means no government officials will attend the olympics which start february 4th. american athletes will still be allowed to compete. nasa launched invisible lasers. it could lead to more high-definition videos and

pictures from space. nasa has used radio waves to communicate with astronauts but missions are becoming more complex and scientists are collecting more data than before. can you think of lasers as the equivalent of high-speed internet compared to dial-up internet. they can transmit more data at once. paradise is being flooded. take a look. we're going to show you oahu first. that's the main drag in waikiki. that's like a river. the rain started a couple days ago. a cyclone slammed the hawaiian islands. rescuers have been pulling people from flooded cars and homes. in one day, honolulu got 15 inches of rain. in one day. the governor of hawaii has called for a state of emergency.

>> that video is unbelievable. an interview with the 49ers quarterback. hey, angie! you forgot your phone! hey lou! angie forget her phone again? yep. lou! mom said she could save up to $400 on her wireless bill by switching to xfinity internet and mobile. with nationwide 5g at no extra cost. and lou! on the most reliable network, lou! smart kid, bill. oh oh so true. and now, the moon christmas special. gotta go! take the savings challenge at xfinitymobile.com/mysavings or visit an xfinity store to learn how our switch squad makes switching fast and easy this holiday season.

♪give my regards to broadway!♪ ♪remember me to herald square!♪ ♪tell all the gang at forty second street♪ ♪that i will soon be there!♪ ♪whisper of how i'm yearning♪

♪to mingle with the old-time throng!♪ ♪give my regards to old broadway♪ ♪and say that i'll be there, 'ere long!♪ as the 49ers remain in the middle of the playoff race, rookie quarterback trey lance is waiting for his shot. >> he's there. many questioning when will trey replace jimmy g. as for now, he's played

sparingly. he was the third overall pick in the nfl draft and started one game when jimmy g was injured, but since then hardly anything. >> i feel like i'm in a really good spot. gathering everything i can and learning everything i can from jimmy and nate, and all the guys on our team. so it's been awesome for me to be able to learn and have some experiences in games, things like that. >> we will see. that is your future 49ers quarterback. including how he has a relationship with that guy right there, jerry rice. steph curry is focussing in on a record, the greatest shooter in nba history. he needs 16 more three pointers become the league's

all-time-leader. he wants to break the record held by ray allen at home. the warriors have one more game at chase center before hitting the road for five games. steph know it's a long shot, but he's going to try. >> what is it? 15? that's funny. i know what that means, clay's record and all that, too. so we will see. >> yeah, he needs 16, but he was joking 15 to break 14. it will be exciting. >> he's going to get it. whether it's tomorrow or the next week. we have more news ahead at 6:00. ready to face a judge once again. the reason scott peterson is heading to court once again and why this won't be the end of the case that's gripped the bay area for years. >> i think there's a very

realchance that the jump is going to order that scott peterson gets a new trial. >> just ahead, what elizabeth holmes admitted to under cross examination. also spreading holiday cheer in an area hit hard by the coronavirus. >> our children are hurting so bad. this is just going to be a major, major step for the community. >> the push in the south bay to give children a christmas to remember for all the right reasons. the news at 6:00 starts right now. good evening, and thanks for being with us on this tuesday. i'm raj mathai. >> i'm janelle wang. his trial made international headlines 17 years ago. scott peterson was sentenced for the death of his wife and their son. he will walk into a courtroom where he was sentenced 17 years ago and be