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 resentenced.

only three reporters have been selected to be inside the courtroom when that happens. and marianne favro is one of them. she joins us with a look at what happens tomorrow. >> reporter: the sentencing hearing should last about two hours, and we are expecting to hear from peterson himself. the judge has allocated 16 seats inside the courtroom for laci peterson's friends and family. that was then, this is now. more than 17 years after he was convicted for the murders of his wife laci and their unborn son connor, scott peterson is set to be sentenced again. he will return to court in redwood city to formally hear his new sentence, but it's no mystery what the judge will say. >> well, the only thing the judge can do tomorrow is impose life without the possibility of parole. for our purposes, that's the

only option tomorrow. >> reporter: what changed? why is peterson's death sentence being thrown out? >> scott peterson is being resentenced because the california supreme court struck down the death penalty as being violative of california state law. the way the jury was selected violated the state constitution, and that made the death penalty verdict rendered by the jury illegal. >> reporter: friends and family of laci are expected to give victim impact statements at the hearing. peterson himself is also expected to read a short statement. meanwhile, peterson's attorneys continue to fight to have his conviction overturned, based on claims that juror number seven in the original trial, known as strawberry shortcake, lied to get on the jury, depriving peterson of a fair trial. >> i think there's a very real possibility that the jump is going to order that scott peterson get a new trial based

on the extent of the juror misconduct. >> reporter: a hearing on the juror misconduct is set for february. be sure to join us tomorrow morning for special coverage of the scott peterson resentencing hearing. we'll have crews at the courthouse. marianne favro one of the few reporters inside. a big decision in the east bay. less than 45 minutes ago, the oakland city council gave the green light to allow two additional police academies, one of several requests the ailing police department has made in hopes of boosting its ranks in the face of surging violence, but police reformers say not so fast, this may make oakland even more dangerous. here's melissa colorado. >> reporter: oakland police officers are leaving faster than expected. la ron armstrong says a majority

of outgoing officers blame low morale on the heavy work load, unappreciation and severe discipline. >> i want you to ask yourself, would you want to be an oakland police officer right now? >> it's a manufactured crisis meant to roll back and destroy the imagination movement, and what's terrifying about this, as oakland goes, so does the country. >> reporter: opd is wasting nun on overtime, they claim and points to the new report that nearly a third of officers' time is spent responding to non-violent issues. but it doesn't specify whether the response team is ready to handle issues like animal control, traffic accidents and welfare checks. leaders teamed up to send this

message. >> we pay the taxes here and everything else. we deserve to have protection. >> reporter: if the council votes to add two police academies, the city thinks there will be 734 officers by 2023, but if they vote know, they predict it will dip to 674 officers, below the minimum set. >> we're losing. the community's losing, and it doesn't seem hike anybody cares. >> reporter: in oakland, melissa colorado. more money is being offered to help find the person who killed kevin nishita. he was shot while protecting a tv news crew in oakland two weeks ago. police believe the suspect got away in a white acura. the rew5rd money is now more than $38,000. nishita worked for two police departments, a public memorial service is scheduled for this

thursday at noon at the san jose civic center. in the wake of the recent flash mob robberies, scores are being looking for all the security they can get. now there's a new plan to give stores and shoppers peace of mind. >> reporter: if you come to downtown san francisco, can you feel the stepped-up police presence, but sfpd says it isn't sustainable. they suggest strengthening an old partnership to provide a more permanent solution, but will it be enough? it's going to be hard for shoppers to forget scenes like this one, flash mob robberies right here in the heart of downtown san francisco. >> after what happened a few weeks ago, that was really disturbing and unfortunate for the community. >> reporter: in the weeks since, the city hasbeen looking for ways to make shops and shoppers feel more secure. 10a was rolled out.

right now off-duty police can be hired as security. it will be expanded to sheriff's deputies can be used as well. >> now we have our partners from the san francisco sheriff's department that will help alleviate those shortages. >> reporter: city leaders note the program also won't cost the city a dime, with the cost being paid by retailers looking for extra protection. >> this is something that we have seen as an effect ever solution for supplemental services. >> reporter: it's a move that businesses in union square welcome. >> to be able to go to an alternative, 10a really helps so that way the police department can use their resources in other ways as well. >> reporter: what about smaller businesses around the city who can't afford to pay for off-duty officers?

city leaders say they'll benefit, too. because the program will free up off-duty officers who have been spending a lot of their time in union square lately. ginger conejero saab, nbc bay area news. a rid wood city man has been arrested after police say he stole items from home depot stores. police found this, most of them high-end power tools and electronics. think were taken from home depot stores in a bunch of cities including san carlos, san mateo, pittsburg and san jose. another jam-packed courtroom in san jose to watch elizabeth holmes on trial. today prosecutors grilled the founder of theranos in hopes of proving she committed fraud and swindelled investors. scott budman inside the krrm.

>> reporter: the tickets 100% sold out today. elizabeth holmes spent today facing cross examination bit prosecution. she ended the afternoon with redirect by letter defense lawyers, trying to dispute the testimony of several other witnesses who took the stand on behalf of the government. >> because it's going to be elizabeth holmes versus the 29 witnesses that the government has put on, so the jury's going to have to disbelieve all 29 of those witnesses and believe what she's saying. >> reporter: hoims admitting to mistakes like unauthorized use of pharmaceutical companies' logos and exaggerating progress made between her company and the department of defense. >> if the prosecution can show that those are examples of misrepresentations. in other words, she lied about this stuff, then that goes to fraud and the jury could convict her. >> reporter: but she also reiterated, these were mistakes, not crimes and claimed to be let

down by those she delegated work, to, including sunny balwani. which brings us to tomorrow's testimony. elizabeth holmes will start the day back on the stand, and then the defense says it may call another witness. we'll be back here tomorrow morning. in san jose, scott budman, nbc bay area news. >> thanks, scott. new guidance from the cdc tonight, they are suggesting people take at-home tests before attending indoor gatherings, regardless of your vaccination status and even if you don't have symptoms. people should test especially before gathering with unvaccinated children, older people and people immunocompromised. previously, they had recommended the tests be used only when someone is symptomatic. up next, a new police building in south san francisco and what it took to get it up and running.

the area hit hardest by covid in santa clara county, neighbors want to bring christmas cheer this year to the kids. why is it not going so well. i'm chief meteorologist jeff ranieri. we'll continue our climate coverage and update you on snow coverage and help that could be on the way.

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kourn. a south bay community decimated by covid wants to make sure the community doesn't play the grinch this year, but they need your help. >> reporter: no area has been hit harder by covid in santa clara county than here in mayfair. so the local neighborhood associations want to make sure kids here have the christmas they deserve, although it's not going so well. >> this is ground zero, still. we have the least amount of people vaccinated anywhere. >> the area is home to the highest number of covid cases in

the south bay. and the community is concerned that the battle with covid could mean a second year without a proper christmas for many families here. isabelle says the christmas gifts will be difficult again this year because the pandemic took many jobs away. >> last year, the kids were cheated out of christmas because covid did not allow the neighborhoods to address our children's needs. we couldn't hold giveaways. >> reporter: so three neighborhood associations teamed up to try to collect 300 to 400 toys for the local kids. they've been at it for a week and a half, but as of this morning the collection box only had 12 toys. >> ah. it's really disappointed. it's heartbreaking. like our community is not responding to give back. >> reporter: the collection box

is at the mayfair community center until december 18th. this is a community of faith, and yes, they're praying for a christmas miracle. >> our children are hurting so bad. this is just going to be a major, major step in a positive direction for this community. >> reporter: a neighbor knocked down by the pandemic but refusing to let the pandemic dim their christmas spirit. nbc bay area news. >> if you'd like to donate can you make a donation at the mayfair community center. a notable announcement from the chan zuckerberg association. they announced a ten-year plan to advance the world's understanding of the human body. mark zuckerberg and his wife made the announcement, citing the pandemic as how much work needs to be done to understand

biology, health and disease. it supports research into the human body over the next ten years. the chan zuckerberg initiative founded in 2015 to help eradicate disease, improve education and address the needs of local communities. a reason to celebrate in south san francisco. today, city leaders and members of the police department cut the ribbon on a new building for police headquarters at the site of the old pet store in south san francisco. 44,000 square feet. it will house the 911 emergency center, records, administrative services and more. the mayor says it's been a long time coming. >> building was really designed for about 30 year. it was in an older facility that had limitations. we're about ten years beyond that. but in government, that's not bad, right? ten year? >> the building cost more than

$52 million. okay. let's get a look at your forecast. you're doing the snow, drought, and climate change. did we get a little snow overnight? because the ski resorts haven't even opened yet. >> take a look at this snow drought that is happening across the west. and also climate change. so, when it comes to the drought conditions we've been dealing with and also our warming temperatures, we're seeing these rising snow levels. this means less snowpack and also higher flooding chances. so we're already experiencing this right now. as many of you know, we did have that unusual rainfall and snow in october, then we underwent this recent dry spell, and it's in part as well due to the la nina pattern pushing more storms off to the west. so the pacific northwest has had quite a bit of rainfall. below average snow and less

storms right here through california. we've experienced overall certainly over the past couple years. it does look like we are going to get some help on this snow drought occurring now as we head into next week. but it's definitely an extreme in this weather whiplash we've been experiencing. we are talking about 2-4 feet in 48 hours. as we move into our weather forecast as we roll through tomorrow, we do have a storm system off to the north that will offer us a few showers. you see as we roll through tomorrow, the cloud cover just does not budge. so, as we begin tomorrow morning we're going to start it off with 48 for the south bay. and 40s to low 50s over the east bay, san francisco and the north bay. daytime highs tomorrow are actually going to cool off a couple degrees with that cloud cover in place. it's going to feel chilly. jacket weather all day long.

56 in santa rosa. mid-50s san francisco down to oakland. 58 in san jose. we will get dry weather and clear it out thursday, friday, saturday. and the storm system could be stronger sunday into monday and tuesday. totals will be .75 to 3 inches. look at this. chill moving in once we hit friday and saturday morning, down into the 30s. so, it is going to feel like december. definitely as we head into friday morning. you know, we all have that closet at home or that area you keep all of those extra blankets, you know? >> oh, yeah. >> and you just kind of shove them in there. >> we're going to pile those on. >> and they kind of explode when you take them out. up here at 6:00, only in the

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so you can work that budget and get those savings. i love saying yes to more merry for less at ross. . well, we knew this was coming, a high-tech first for stanford, a communications professor teaching a class entirely in vr, virtual reality. the class is called v professorn teaching the subject for 20 years but never quite like this. vr software and technology has advanced enough where students can meet virtually and use tools to interact in virtual environments. the professor running the course is well-known in the vr world and it will include a guided meditation in outer space using different avatars and building scenes. are you up for it? >> yeah, it actually sounds like a fun class. scrap the whole bill, that's what elon musk says about

president biden's bill on trying to get to you buy electric vehicles. he's opposed to several parts of the social and climate spending bill. and the effect it will have on the federal deficit. evs made in non-union factories like teslas would qualify for a much smaller tax credit. musk says tesla has been operating without tax credits for years and is doing fine. meta says it's taking a stricter approach to what it will recommend to teenagers. while pushing teenagers toward different topics if they've focussed on one topic for a long time. meta says it will also provide tools for parents to see how much time their kids spend on

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. okay, this is nice, especially in the holiday season, a group of nurses stepping up to help those in need. >> the nigerian nurses

association stepped up with backpacks. they can be filled with clothes and toiletries. they will be given to various homeless sites in the county and street medicine teams who visit homeless encampments. tonight, our exclusive interview with trey lance and london breed, what she's doing right now to combat the crime wave in the city, and her thoughts on embattled d.a., chesa boudin. next, pearl harbor survivors on the 80th anniversary of the attack. the men make their way back to hawaii for likely what's going to be the last time. lester holt joins us from new york right now. tonight, the high stakes showdown between president biden and russia's vladimir putin the president warning putin of a strong response if russia invades ukraine during their two-hour video call it comes amid a massive build-up of russian troops on the

border how putin is responding and our own richard engle inside ukraine where fears are growing. also tonight, the omicron variant now in at least 21 states new data on how effective pfizer's vaccine is against it. covid cases surging, deaths up more than 50% in a week, and the cdc new self testing guidelines ahead of the holidays. a state of emergency in hawaii. massive flooding, some areas seeing over a foot of rain urgent rescues five boys pulled from the rushing water. nick cannon's tragic loss. what the star revealed today about his 5-month-old son. our nbc exclusive, federal warning of gift card scams this holiday season how to protect yourself. remembering pearl harbor our conversation with five survivors returning to the solemn site to mark 80 years since that day of infamy. this is "nbc nightly news" with lester holt.