good morning. thanks for joining us for our midday newscast. i'm kris sanchez in for marcus washington. >> i'm laura garcia. we begin with breaking news in the elizabeth holmes criminal fraud trial. here's a live look at the federal courthouse in san jose where jurors are telling the judge they have reached a verdict on eight of the 11 counts against her. they are unable to reach a verdict on the other three counts. the theranos founder is facing 11 overall counts. now it is possible the judge could direct the jury to go back and deliberate or those motions could be pulled.

we've got video of holmes entering the court earlier this morning in the last 15 minutes or so. jurors sent that note to the judge. nbc bay area's scott budman is there. once he can learn more about what's going on in the courthouse, he will bring us more in a live report. all right. so let's recap how we got here. we'll start from the beginning all the way in 2003. that's when holmes, a 19-year-old stanford dropout started the company theranos. she was inspired by her own fear of needles and had a dream of creating a cheap and efficient way of getting blood tests. in 2009, balwani joins the company later becoming her romantic partner and business partner. in 2013, theranos announced its partnership with walgreens. the drug store was set to have theranos' edison machine there for people to test their blood on site. one year later, elizabeth holmes was one of the richest women in the u.s. valued at $4.5 billion.

in 2015, theranos and holmes are subject of a "wall street journal" investigation. from there, it all went downhill. in 2016, federal regulators start to notice issues with the theranos lab saying the lab wasn't complying with federal standards. that same year balwani stepped down and holmes' net worth re-evaluated to zero. in 2018, holmes and balwani are indicted on criminal fraud charges. so we continue to follow what's going on in the elizabeth holmes criminal fraud trial this midday. just a few hours after deliberations resumed after they took this big break for the new year's holiday. the jury sent a note to the judge this morning. that's what we're following at this point. so what is it all about? marianne favro is at the courthouse standing by. we'll check in with her later on in the newscast or later in the day. the jury has only sent three notes to the judge. one was asking if they could take their notes home over the christmas holiday.

the answer was no. they also asked to hear another investor call. if they're stuck on those three charges it's not yet clear whether those are the fraud charges or whether those are the conspiracy charges. >> right. what we're talking about there, 11 counts against her, but the verdict, the jury saying that they actually reached a verdict on at least eight of those this morning. they broke for the new year's holiday and they were not able to take any of those notes home as well. the judge ordered them as well to avoid reading about the case at all or discussing it at any length with anyone. >> all right. so we're going to continue to follow that for you. you can find the latest at nbcbayarea.com. another story now. king tides warning in effect across the bay area. this is mill valley in a parking lot where there's been some minor flooding over the past few days. but the high tide is happening right now. flood levels should be peaking in low-lying areas as we speak. here's how things looked yesterday at high tide from the

embarcadero. some of that area there that's swishing around on the right-hand side of the fence, that's not supposed to be there. that's the sidewalk. that was video shared by the port of san francisco. the water high enough to spill into the walkway. >> never turn your back on that water. check in with kari right now with a look at t there. >> yeah, so with the king tides, due to the gravitational pull of the moon and during those winter months the moon is closer so it has a bigger pull on that water bringing that water farther inland. so we're also dealing with that and some rain in some of these spots as we are now seeing the top of the tides as well as some showers falling in parts of the north bay. we will continue to watch out for that rain. that will be moving mainly into the north bay and parts of the peninsula, but we've, of course, had quite a bit of rain recently and we will continue to watch out for that. as we get a look at what's going on across the region, another storm system approaching. those scattered showers will be possible for the north bay as

well as some of our spots along the peninsula, but overall this is a fairly weak storm system compared to what we have seen recently. this is the last day of the king tides and then we'll also see some more scattered showers in the forecast. elsewhere, just some peaks of sunshine. milder temperatures and we will have more rain ahead. so i'll talk more about all of that. it's coming up in the forecast in just a few minutes. >> sounds good. we'll check back with you, kari. new developments in the elizabeth holmes criminal fraud trial as we were following this morning. just a few hours after deliberations resumed after they took this break for the new year's holiday. the jury sent a note this morning to the judge. >> so what is that all about? marianne favro is standing by outside the courthouse with what we know so far. we know that there are -- they are stuck on three counts. do you know what counts those are? >> no, we haven't heard exactly which of though 11 counts that the jury is deadlocked on. now the option for judge davala is that he could possibly read

them jury instructions again. but now attorneys are discussing whether or not that's going to be a possibility. if he will go in and read the jury instructions to the jurors regarding what they can do when they are deadlocked on three of the counts. the other option is he could send the jury back and tell them to keep working on it, but right now we just don't know what exactly he's going to decide. that's what they're discussing in court right now. now as you know, elizabeth holmes faces 11 criminal charges. fraud charges and also conspiracy. and also looking at whether she had charges of misleading both patients and investors regarding her blood testing lab theranos. now she is accused of lying about the technology. we don't know what the jurors are deadlocked on, which of those three charges that she -- they are deadlocked on. we do know there are eight men

and four women who are deciding the fate of elizabeth holmes. and right now we're just waiting to see what the judge decides. if he is, in fact, going to decide to send the jurors back into the deliberation room or whether or not he's going to read them jury instructions again to perhaps help them through that process of going ahead. and now this trial has lasted more than 16 weeks. so we're going to wait and see what happens. so far no one has come out of the courtroom and there's a lot of media here as well. reporting back to you. >> we know you're following every angle of it. thank you. >> now to new developments on the covid front. the chronicle this morning reporting that bay area hospitalizations are at an all-time high. one we have not seen since last september. the fda this morning gave emergency use authorization for the pfizer vaccine boosters for children between the ages of 12

and 15. all of this comes as students across the bay area head back to school following the winter holidays. nbc bay area's thom jensen live outside one walnut creek school where students returned today. between the covid testing and booster shots, parents have a lot to talk about. >> yeah, a lot of obstacles to deal with again starting 2022. and here at walnut creek intermediate school, the school is actually handing out some of those rapid antigen tests to parents. a lot of parents drove up this morning picking them up. these are the tests the state had promised and a lot of schools did not receive them yet because of the shortages that we've been covering for so long. they're not requiring testing here in this school district. but district employees and administrators were all here this morning starting around 7:00 with at least one box full kists they recently received over the winter break.

time enough to get classes started this morning. we talked to one dad able to pick up tests on sunday and now dropping off all four of his kids at different schools today after everyone at home tested negative. >> we had text message saying that we're having a drive-up and we pulled up. they said how many do you need? they gave us four. it was really easy. >> the district is not alone in providing the free test kid. the district had some good guidelines for using those test kits which are common sense regardless of whether you're returning to school or work. make sure anyone with symptoms is tested and also anyone who has been in contact with an infected person. it's also good to get tested if you or your family traveled over the holidays or spent time with very many people outside your normal tight circles that you're in. meanwhile, the big news you

already reported, the fda now approving the boosters for kids older than 12. that means at least a lot more students here at the middle school level and older will be getting those booster shots that are even providing more protection and hopefully will help stave off any surges at school or any outbreaks at schools. live in walnut creek, thom jensen, nbc bay area news. >> it's easy to find all our coronavirus coverage in one spot. head to nbcbayarea.com/coronavirus. you can find all the information there. i did check in with santa clara county public health about when they'd have those boosters available for children 12 to 15. they say they'll have them ready to go and they'll be ready to accept appointments within one day after the second approval coming from the cdc. president biden is meeting virtually with some of the nation's farmers discussing the high price of food. >> scott mcgrew has been monitoring that meeting.

scott, the meat discussion is the meat of the discussion. >> they'd help them ramp up with a billion dollars in aid. as for the conference with farmers, it's notable that not only the secretary of agriculture will be there, as the conference is late in starting. you see the president's empty desk. the attorney general is going to be there, too. the administration had been talking about whether or not big meat packers are stifling competition. now we don't know that that is true. keep in mind monopolies also can bring prices down. the government tends to step in with antitrust, not necessarily because there's a monopoly but because that monopoly hurts the consumer. even if they don't, breaking up companies like big meat-packing companies that got too big would take years upon years. i want to show you this. this could be part of the delay.

indeed. you think your commute to work was tough. this is air force one at joint base andrews. the president leaves washington nearly every weekend. this is what it looked like as he stepped off the plane. no wonder they could land. some federal workers have been told to work from home because of that snowstorm. just amazing. >> that is some snowstorm. almost like tahoe. >> certainly not this part of california. >> you got the best pilots in the world. >> thanks, scott. coming up, another update from the federal courthouse on the elizabeth holmes criminal fraud trial. what we're just learning that the judge told the jurors. >> all right. let's talk tourism. holiday travel season wrapping up with a storm of flight cancellations. we may have some tourists longer than they expected. the problem leaving air travelers everywhere on hold and why the experts say weather is only partly to blame.

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this midday, there's a holiday hangover for travelers still trying to make it home. according to flight aware, across the nation, nearly 3,000 flights have already been canceled. that includes 41 sfo flights so far today. and over a handful in san jose and oakland. only some of the problems have to do with winter weather. airports still trying to catch up. nbc's tom costello has a closer look at what's creating the travel headaches. >> reporter: the hope this morning that today is a day of recovery and rebound for airlines and stranded passengers after a week of mass cancellations. but instead, another challenging day is shaping up, even more delays and more cancellations. with january storms and the rampant spread of the omicron variant proving too much for airlines and airports. >> they already pushed my flight back. i missed my connection. >> nearly 1800 tsa officers off

the job with covid. flight aware showing 2,700 canceled flights, more than 9,000 delays. all part of more than 12,000 cancellations over the last week. among the airports hardest hit, denver, chicago o'hare and atlanta. >> it's usually well-oiled machine here and it runs very smoothly. today it just isn't that way. >> jen and her dad came to florida for the gator bowl but the weekend took a turn when delta canceled their flight home. after more delays cost them to miss a connection they finally made it back home 22 hours later. >> just felt like every time my phone buzzed it was a text from united saying your flight was delayed. you're like, okay, the trip isn't fun anymore. >> reporter: all of it coming at the worst time for passengers and airlines alike. >> the demand was higher. stakes were higher. and there were more people who were traveling so it's harder to accommodate them on whatever flights are left. >> reporter: if your flight is delayed or canceled last minute, try to rebook yourself using the airline's app or an airport kiosk. if you have airline lounge

access consider seeing an agent there. one silver lining, airlines are trying to cancel or delay flights in advance. so -- >> keep checking your reservation. just stay on top of it. because the earlier you spot a problem, the easier it is to deal with. >> that was tom costello reporting. tomorrow is the deadline for all federal workers, including tsa agents to provide proof of vaccination. at&t and verizon are rejecting a redwoeft delay this week's rollout of the 5g wireless technology. a letter sent yesterday by the company's ceos seeking to dismiss concerns brought by airlines that a new service operating on the c-band spectrum might interfere with planes' electronics. airlines want more time for the faa and the fcc to resolve those issues. at&t and verizon say they are willing to accept some temporary measures to limit service around certain airport runways, similar to the limits other countries

already have. we'll return to our breaking news on the holmes trial. the jury unable to reach a verdict on 3 of 11 counts. the judge has given the jury some new instructions. let's check in with scott budman outside of that courthouse. what are you learning, scott? >> yeah, it's what you said, laura and kris. the note that came back from the jury told the judge, we are unable ms. holme is accused of. we don't know which three the jury is hung up on. now as far as the very latest, we know the judge has instructed the jury to essentially go back and keep working. what we don't know, in addition to what three charges they are hung up on is what the status of the other eight charges are. they haven't come back with a note saying, hey, we've got

eight completely unanimous. we're all in agreement. but on three we are in disagreement. all we know is that they haven't reached a unanimous agreement on three of the charges. now it's been 6 1/2 days. they're in day seven of deliberation so the assumption is that they have reached unanimous decision on several of the counts, if not eight. but they didn't say that. again, all they said was we are unable to reach a unanimous verdict on three of the counts. so without naming what those three counts are, the judge said, here's what i want you to do. i want you to continue to take your time. i want you to continue toe patient. t you to continue to assume innocence you all of the original jury instructions but he did say get back in there and continue. and we don't know how long that continuation will be. obviously, we don't know if they are 11-1 or 8-4 or 6-6, whatever they are. they're not 12-0 on those three

counts, and that's why the note was given and that's why the judge gave the note over to both sides. the attorneys for the prosecution and the defense. and they sort of back and forthed. the prosecution said, hey, they perhaps should keep going. the defense said, hey, maybe we have a mistrial here. but it seems to be that the judge is saying, at this point, we're not done. go back there and take some more time. so kris and laura, that's the latest. and we're waiting to hear perhaps even more today if not later this afternoon on these three charges. >> yeah. >> but this is the first of a little bit of activity that we've seen from this. elizabeth holmes in the courtroom. you witnessed her. any reaction at all? >> you know, she has been really stone faced through most of this trial that she wasn't on the stand for. and while there was a buzzing of activity on both sides of the aisle, if you were, the prosecution attorneys and the defense attorneys were

whispering. i just may, elizabeth holmes stood very still that whole time. she didn't partake in the whispering or huddling, just looking straight forward. later they brought in the jury so that the judge could tell the jury what he wanted to see next and elizabeth holmes made some contact occasionally with her eyes but really the jury didn't look back. they seemed to be focused on their task. she's been pretty stone faced through the morning and again, we expect it pretty soon, if there aren't further instructions, she and the lawyers will walk back out and continue to go back to their hotel room and wait to see if there's more drama to come today. >> keep trying. >> get back at it. all right. we know you'll return to the courtroom as well and bring you the very latest if there is anything. thank you, scott. let's take a look at the forecast. the king tides should be waning just a little bit at this hour, right? >> well, we're actually right now at the king tides so it will

gradually go down throughout the afternoon and into the evening. and going above what was forecast because of the storm that's been coming in. so we're seeing some of those scattered showers. as of now, storm ranger showing light activity and it's been steady in parts of the north bay. here's a look at the wider view of that storm system. the clouds reaching in. that kept our temperatures from dipping too much this morning. and now we're going to see some scattered showers as our highs today reach into the mid-50s. still in the cool side but we'll have milder weather throughout the week. as far as the rain, we'll see the highest concentration of that rain along the peninsula and the north bay and it all clearing out as we head into tonight for a little while with the cloudy skies remaining. but we're still going to see unsettled weather over the next couple of days. at any point there could be light showers passing by. cloudy skies and then as we go toward the end of the week we'll see another round of rain. but as far as what we're expecting now, the possibility of about a quarter inch of rain in fremont and san jose and

dublin and then up to the north bay and those rainfall totals will be higher at about half inch of rain, possibly about 3/4 inch of rain. so the storm that we're seeing this week are not very big storms. but do keep us wet with times of rain moving in, cloudy skies and then our temperatures reaching up to about 60 degrees on wednesday, as well as more widespread light showers in the forecast friday into saturday morning. kris and laura? >> we'll be ready for it. thank you, kari. happening now, you have four weeks left to sign up for insurance through the covered california marketplace. the open enrollment period runs through january 31st. and this comes as the new omicron variant continues to spread like wildfire. a covered california spokesperson is warning that people who are uninsured risk getting stuck with huge medical bills if they have to go to the hospital. we'll be back with you right after the break.

welcome back. let's recap our top story at the elizabeth holmes criminal fraud trial. the judge has sent the jury back to the drawing board after the jury said they reached a verdict of 8 of the 11 counts, but the judge sending them back into deliberations asking them to figure it out. reaching that verdict on three final counts. the elizabeth holmes is charged with. the flurry of activity has dissipated in downtown san jose outside the courthouse in part

because elizabeth holmes has now departed the courthouse having heard those new jury instructions from the judge. just about an hour ago, the jury sent a note to the judge saying that they were unable to reach a verdict on three final counts. elizabeth holmes is facing 11 counts in total. some of them fraud. some of them conspiracy. not sure what they're stuck on. >> this is video of holmes entering the courthouse earlier this morning. for now we'll wait and see what the jury has decided in her fate this morning. we'll continue to follow. in fact, follow scott budman on twitter as he is in that courtroom reporting any breaking news. >> all right. we want to get a look at your final forecast because it's a mixed bag. >> yeah, a little bit of some wet weather here and there. scattered showers passing by. especially in the north bay. and we'll see that chance in the peninsula as well. we will keep some spotty rain in the forecast but overall no big storms and milder temperatures coming in. by the end of the week. also more widespread rain that

also at this point looks light and then drier weather as temperatures reach the upper 50s. >> sounds good. thanks, kari. >> thank you for joining us as well. we'll see you back here tomorrow. go to nbcbayarea.com for breaking news any time of day.

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