it revolves around a family named avery who are fellow group members. >> the avery family had been a part of the group early on. they had lived up there before we moved up. he had basically emptied them of everything they had. when they moved up they had money, and it was his. they had a second car and he got one car and left them the one that didn't run. when it got to the point where he had basically used them in every way then he had no use for them. they were seen as unwelcome. and so he looked at me, we were working out together, just the two of us out in the barn, and he says, i just want you to know one thing, we're not bringing friends this time. >> lundgren approaches luff and tells him to dig a large pit in the barn. it is another command luff follows without question. >> you knew something bad would happen? >> i would say within a few days, at least, beforehand, we certainly -- i mean, those of us who had prepared the pit in the barn understood that someone could die. >> a tip from a former member of lundgren's cult leads authorities to the discovery of a body. the body is

secretary avery: thank you. >> to continue, the item before you is a certification -- you need to let him leave the room first. >> i understand. the e.i.r. certification is before you as is a draft certification motion and was published on august 27 and a public hearing was called on june 2 and the public company tear closed on june 13 and the comments and response to the document was published and distributed october 27. the e.i.r. found implementation of the glen park community plan would result in the following significant unavoidable impacts that could not be met kated to below a significant level. unwas transportation and circulation due to unacceptable level of service at bosworth street and diamond street intersection during the a.m. and p.m. peak hours under both project and cumulative conditions and unavoidable significant impact related to air quality due to construction activities with respect to certain criteria air pollutants and ozone precursorses and finally, ann unavoidable significant impact rel

avery, can he be forced to to comply to this test? >> well, the issue of a paternity test is in the hands of children services. they could order it. whether or not there's a pending case but the bottom line is the fact that there's no jurisdiction in a civil matter ends whatever yader is trying to achieve here. i wonder if justin bieber's lawyers are even cooperating in this. that part we don't know. we know that yeater is pursuing it through a different firm but i don't think this case is going anywhere, 30 seconds back stage seemsz really unlikely. >> richard? apparently there were text messages that are -- i think reportedly the text messages would establish that she was having dialogue with somebody about whether this was true or not or trying to cash in on it et cetera. and investigators want to get their hands on these ee raised messages. >> avery, 30 seconds a couple years ago might have been okay for him, who knows. as far as the text messages go, we don't know who wrote the messages, she withdrew the lawsuit. she says because

a secretary avery: thank you. commissioners the motion is for approval be the changes approved by staff today. [vote taken] secretary avery: thank you, commissioners. the motion address rez louings have been approved. >> i want to thank jon and jon for all their hard work on this and lisa as well on the e.i.r. and for all the great work on this and for the community for working so well with us over the last few years. i know it was a long process, but is a very productive one, so thank you very much. secretary avery: thank you. commissioners, you are on item 14, case 2011 want 1077 d for 10 cumberland street and a request for discretionary review. i am going to pass out some communications that there were members of the public who could not stay but they wanted you to have their comments. >> good afternoon, planning commission. the proposal is to product parapet and will raise the overall roof line at the rear of the building an additional 2 feet. this proposal also involves a west-facing light well at the first a

secretary avery: the motion on the floor is to take d.r. and approve the project per the recommendation on the draft submitted by staff. commissioner antonini? >> no. >> commissioner borden? >> aye. >> commissioner fong? >> aye. >> commissioner moore? >> aye. >> commissioner miguel? secretary avery: that motion passed 5-1 with commissioner antonini voting against and on the variance. >> and to close the public hearing of the item and i was not at the hearing on may 19 and kelly under was acting and i did restrew tape and was -- i did review the tape and am prepared to make a decision on that to grant the rear yard variance to tex tent that is required for the 1998 permit and with the design for the scope beyond the 1998 permit and to wrap up about what happens next. and your decision will be final and we would ask them to submitted revised plans and they can appeal that to the board of appeals and pursue enforcement action if they fail to respond. make to make clear what will happen next. commissioner miguel: thank you very much. i apprecia

avery freeman and richard herman in las vegas. avery, this one is all over the charts. she's on paid leave, not solely because she used school property allegedly, because because she violated some ethical standards that all teachers are supposed to adhere to in this district in california. right? >> what she did is absolutely legal. it advances the public concern about affection to teachers and respect for teachers. >> what? the problem -- >> you don't have to laugh -- >> the problem is what she named the site. she named the site "mysluttteachers.com. not a smart thing. they took it off in about one day. >> took it off. >> but at the end of the day, absolutely legal. >> apparently there were some t-shirts with trying to gain more support from students? >> yeah. >> the teachers were like "i heart teachers" and so all of this -- and you're saying that's okay, constitutional -- >> absolutely umplts absolutely constitutional. >> apparently what happened, her boyfriend, a retired police officer, he's the one that got the domain name set up. they did use a school laptop that

avery, you first. they don't have to make a determination as to whether conrad murray caused the death of michael jackson, but contributed instead to it at least. >> yeah. you nailed the issue. the question is do we have criminal negligence, extreme negligence, and, indeed, i think this is a very smart jury. they listen to judge michael pastor, fredricka. they paid attention. they are asking questions already. they have deliberated almost eight hours. the bottom line is i think they understand the instruction. if they do, there should be a conviction. >> so richard, you have a problem with what avery said, what? >> they have to prove gross negligence not just medical malpractice, gross negligence. >> right. >> they have to prove that gross negligence caused or substantially contributed to the death of michael jackson. fred, it comes down to this. no propofol drip, you must acquit. if the propofol drip -- if they believe the drip was not there and the propofol injection that murray gave was in his body

that's how it's going to end up. >> avery, how do you see it? what will be the arm of the law that says violation of american with disabilities act. what would be the lesson taught to this law firm. what's the potential penalty. >> the lesson will be this 21-year-old suit that been filed by the u.s. attorneys office in new york. federal judge will enforce compensatory fine as well as an injunction. what a mess. how simply this could be avoided. now a big big mess. >> a case in florida, a nine-year-old that reportedly had too much halloween candy. the bus driver said stop eating candy, you're out of control. the kid allegedly starts cursing at the bus driver and even makes a threat. next thing you know there was a charge being imposed. then avery, the family says there's a medical reason potentially as to why this child kind of went off on the bus driver. explain further. >> when richard last week threatened to spit on the texas judge, i understood all that. this woman, this young girl i should say nine years old, a schizophrenic, apparently didn

secretary avery: thank you. commissioners the motion is for approval be the changes approved by staff today. [vote taken] secretary avery: thank you, commissioners. the motion address rez louings have been approved. >> i want to thank jon and jon for all their hard work on this and lisa as well on the e.i.r. and for all the great work on this and for the community for working so well with us over the last few years. i know it was a long process, but is a very productive one, so thank you very much. secretary avery: thank you. commissioners, you are on item 14, case 2011 want 1077 d for 10 cumberland street and a request for discretionary review. i am going to pass out some communications that there were members of the public who could not stay but they wanted you to have their comments. >> good afternoon, planning commission. the proposal is to product parapet and will raise the overall roof line at the rear of the building an additional 2 feet. this proposal also involves a west-facing light well at the first a

secretary avery: commissioners, that item has been sertfied. you are on 13 a, b, c, and d and e for the glen park community plan, adoptions of the finding of the california environmental quality act and the resolution amending the general plan pursuant to san francisco charter 4.105. 13c is consideration for resolution of the amending the planning code and for the land use, height and bulk, density, and parking and established one new zoning district and make related amendments to the planning code necessary to implement the general plan as proposed to be amended pursuant to the glen park community plan. 13d, a resolution amending the zoning map for the san francisco planning code and 13e, general plan consistency and planning code section 101.1 findings. >> good afternoon, commissioners f i am jon swae and i am the planning manager for the glen park community plan and i am here to present to you a series of actions we are asking the commission to take to approve the glen park community plan. the other half of the glen park team, the glen park

secretary avery: thank you. okay then. and commissioners, the motion on the floor is to not take d.r. and to approve the project as currently propoedz. on that motion, commissioner antonini. >> aye. >> commissioner borden. >> aye. >> commissioner fong. >> aye. >> commissioner moore. >> aye. >> commissioner miguel. >> aye. >> commissioner sugaya. >> aye. secretary avery: thank you, commissioners. that motion passed unanimously. commissioners, you are now on item 15a and b. case 2011.0063d and case 2010.0868v, 135 el camino del mar. >> jonas ionin and before you is a case continued from a may 19 hearing. that involved a subject property that was the cause of a sink hole in 1995 and the building permission to repair was in 1998 and the additions were constructed beyond that process and at the may 19 hearing you conducted a public hearing and at that time directed the project sponsor to work with the d.r. applicant to get to a point that was acceptable for both party. if not that you stipulated that you would require or take d

secretary avery: on the motion to recuse commissioner sugaya. commissioner sugaya is recused. >> just on this one item. secretary avery: thank you. >> to continue, the item before you is a certification -- you need to let him

secretary avery: on the motion to recuse commissioner sugaya. commissioner sugaya is recused. >> just on this one item. secretary avery: thank you. >> to continue, the item before you is a certification -- you ne

secretary avery: is your microphone on? commissioner miguel: sorry. christine grif fit, danny campbell, david nichol. >> good afternoon, again, commissioners. christine griffith and i want to reiterate again that the owners of the hotel are not opposed to the project as a whole. they want to make sure their concerns are heard and address ing and acknowledged and that hasn't really bun done. i'm going talk briefly about hunt lane which has been referred to periodically as landlocked and described in the document as a particular place for the firefighters to park. what that description leaves out is that the main part of the middle of that block, which is referred to as the notoma pad, the underlying pad is owned by boma but they have granted an ease tonight the public which has the same league significance as a public street and by vac e vacating the portion of hunt street, you are also vacating the legally public street that run through the middle of the block. our objections to the vacation of the hunt street has to do with in the long term access to

secretary avery: commissioners, the motion before you is for approval of staff's recommendation 1, 2, 3, and 4 with the inclusion you recommend the legislators consider expanding the proposal citywide and the size requirement is included and that the land use committee postpone their consideration to allow more outreach. >> one slight amendment to that, i believe the commission wanted 25,000 square foot size to apply to residential and nonresidential projects both. >> okay. as ms. rodgers has reiterated -- please exexcuse me. on that motion, commissioner antonini. commissioner antonini: aye. >> commissioner borden. >> aye. >> commissioner fong. >> aye. >> commissioner moore. >> aye. >> commissioner miguel. >> aye. >> commissioner sugaya. >> aye. president olague: and we are going to take half an hour break because we will have to leave the building to get lunch and come back. so we need the time. secretary avery: commission is taking a 30-minute break. >> the planning commission is back in session. i would like to remind all of us to remember to turn off a self phones and electronic d

michael avery who is a law professor says in fact he's getting reaction from across the globe. the latest one is massachusetts senator scott brown who has now weighed in, scott brown saying that the statement he made was sad. he said, i wish professor avery could witness for himself the joy that a small gift can bring to a soldier especially around the holidays. brown just got back from afghanistan. this is all in response to an email that was sent out organizing a care package drive for u.s. troops. avery sent the email saying, quote, i think it's shameful that it is perceived as legitimate to solicit an academic institution for support for men and women who have gone overseas to kill other human beings. well suffolk law school has weighed in responding both avery's right to free speech as well as the military. they are saying, quote, along with our support of freedom of expression, suffolk university has a long and proud history of supporting our men and women who have served their country in the armed forces through many programs and community outreach. law school students w

edgar back here, you won the avery fisher prize. you're a macarthur genius award winner. chaise say something smart. (laughter) >> pleasure to be on the show. (laughter and applause) >> stephen: play it safe, i like that. use the brain. i noticed... i read on here the songs are fantastic. i noticed that you three wrote all of them. why are you dragging this dead weight around. (laughter) you did nothing on here sdplfrjt you're basically a session musician on this thing, yo-yo. >> i like to take it's easy, you know? i'm older than all these people. >> are you there to provide class? because you're classy, you're... the cello... you're a classy guy. you're class on tap. (laughter) >> well, that's very nice of you to say but i do not twin macarthur prize. >> stephen: no, you're just... you just won the medal of freedom from the president. (laughter) right? is that all? oh, this little thing, i only wear it on special occasions. does he ever play the yo-yo ma card on you guys? does he ever say "remember when we were all playing at the inaugural? oh, i forgot, that was just me

avery friedman, civil rights attorney and law professor in cleveland. richard herman, criminal defense attorney and law professor as well in d.c. this weekend. gentlemen, thank you both. avery, let me start with you. a lot people ask the question, sandusky is out on bail. should he be out on bail given the charges, given the number of victims, given the crime? >> well, that's a very fair question, t.j. i think if i were on the bench i don't know that i would permit bail, but it's -- you know, again, the discretion of the trial judge to make these decisions. the issue is much broader than that, as i see it. i think not only is the campus thunder-struck with what's gone on, but there needs to be a re-examination of what's called the mandatory reporter law. that is, anyone, social worker, too mucher, lawyer, doctor, when you see abuse, you have to report it. and the argument's being advanced in pennsylvania is that, as long as you tell the boss, you're covered, and that's where i think if we zero in on issue, where the problem is. if victims are going to b

>> he's going to family court. >> he's going to go -- >> sure. >> go ahead, avery. >> yeah. i mean there's -- the hearing is coming up on the 15th of december. simple swab, will resolve it. call me romantic, but she claims that she had this passionate tryst with justin in the rest room in the bathroom, how romantic. what a lovely story. >> 30 seconds. >> i think this is a typical fan, bottom line, probably didn't happen but you have to go through the process and that will end on the 15th of december. >> oh. >> by the way, we hear allegedly, she accused a former boyfriend also of fathering this child. in the end he may have def famation. >> we'll see. >> you can catch our legal guys every saturday noon eastern here in the cnn newsroom. >>> one of the most earth shattering moments in pro sports history happened exactly 20 years ago. it involves this man and a shocking announcement about his health. that announcement and his life in the two decades that followed, next. shattering moments in pro sports [ male announcer ] this is the network. a network of possibilities... ♪ in

secretary avery: thank you, commissioners and public. president olague has mentioned, we are taking item 12 out of order. it is case number 2011.0921t. public art fee and public art work trust fund. >> thank you, commissioners, anmarie rodgers, and as you know, this ordinance has been introduce bid two parties, both the mayor and board president chu and i would like first to turn the microphone to representatives of their offices to make a few statements why they felt the need to introduce this ordinance from the mayor and board president chiu. first we have jason elliott from the office of the mayor. >> commissioners, jason elliott, mayor's legislative director. thank you very much for holding this hearing. today we are proud to be co-sponsors of this legislation along with president david chiu. i think there has been some very good recommendations that have come from planning staff there contained in this report and i have to say we agree with most, if not all, of them, and it's not a disagreement but we need some more conversation and

sean avery a pest around the net, got a rebound and scored a second goal. to the third, islanders turned it over and brad richards made them pay for their mistake. unleashed a rocket. rangers on fire winning their seventh in a row 4-2. >>> streaks after a dismal start to the season bruins have now won six straight. pouliot scored the eighth. the champs have got their swagger back winning 4-3. >>> that's your early look at sports on "early today." i'm fred roggin. >>> the star of "glee" speaks out and brad pitt says not so fast. your early morning entertainment headlines are straight ahead. >>> bring becoming a new dad brings a lot of responsibility, especially if you're called on to deliver the child yourself. you're watching "early today." >>> welcome back to "early today" on this wednesday. weather update. a slight chance of tornadoes this morning if you live in areas of southern louisiana, especially new orleans up through mississippi and eventually into alabama. so, we're going to watch those storms as we go throughout the morning hours. one of those ra

sean avery a pest around the net, got a rebound and scored a second goal. in as many games. the islanders turned it over. brad richards made them pay for their mistake. unleashed a rocket. rangers on fire winning their seventh in a row 4-2. >>> speaking of streaks, after a dismal start to the season, bruins have now won six straight. pouliot scored eighth, and the champs have got their swagger back winning 4-3. >>> that's your early look at sports on "early today." i'm fred roggin. >>> the star of "glee" speaks out and brad pitt says not so fast. your early morning entertainment headlines are straight ahead. >>> plus, becoming a new dad brings a lot of responsibility, especially if you're called on to deliver the child yourself. you're watching "early today." >>> welcome back to "early today" on this wednesday. rain in lowervations. heavy snow in the cascades. biggest winter storms they have seen so far this season. one to two feet by it is all said and done. rain showers through the west. areas of spokane, snow event for you. temperatures are plenty cold enough. as we go in

sean avery a pest around the net, got a rebound and scored a second goal. to the third, islanders turned it over and brad richards made them pay for their mistake. unleashed a rocket. rangers on fire winning their seventh in a row 4-2. >>> speaking of streaks, after a dismal start to the season, bruins have now won six straight. pouliot scored eighth, and the champs have got their swagger back winning 4-3. >>> that's your early look at sports on "early today." i'm fred roggin. >>> the star of "glee" speaks out and brad pitt says not so fast. your early morning entertainment headlines are straight ahead. >>> plus, becoming a new dad brings a lot of responsibility, especially if you're called on to deliver the child yourself. you're watching "early today." >>> welcome back to "early today" on this wednesday. as i mentioned, isolated tornadoes, southern mississippi and down through eastern louisiana, norms area included. some storms have been showing rotation. no confirmed reports of tornadoes yet at this time but if you're up in alabama, this threat of tornad

one of the most bizarre nights i've ever had in my entire life i suddenly found myself on stage at avery fisher hall shaking hands with alan kuming and kissing joan rivers saying thank you for this thing that -- how did this happen? >> thank you all very, very, very much. [ applause ] >> but michael interviewed me a few weeks later and he was asking me, all right, well for this perfume, you know, who made it? i said, well, you know, i got this material from them and that material came from over there and this one came from them, and that and that, et cetera. he said, yes but who put it together? >> i said i did. you're the perfumer. i said oh, no, i never call myself a perfumer. he said why? i told him exactly what i told you, that it seemed disrespectful. and he said no, christopher, you need to understand that you are a natural born nose. you are someone who once inn in generation, someone comes along that can do this. you have no training and yet you can make perfume. i sat there somewhat embarrassed to say with my jaw hanging open, going, okay. but it did make me think. and little by

avery opened a new one with a credit union. >> credit unions invest in the local community and that's very important to me. >> reporter: now we talked to a spokeswoman from the american bankers association earlier today. it's a trade group for banks of all sizes and she told us quote, banking according to your political belief is not always advisable. she says customers should research any bank or credit unions policies, fees and accessibility ahead of time before making the switch. live in oakland, allie rasmus, ktvu. >>> >> today i want to announce that i'm removing my bank accounts that's woát in the hundreds of thousands of dollars. >> that was silican valley ceo and philanthropist mike fox sr. taking a stand in san jose. the 75-year-old pulled his money out of bank of america ahead of tomorrow's national bank transfer day. fox said he made the move in an effort to promote social and economic justice. fox runs the beer distributing company me fox & company in san jose. >>> within the past hour a ktvu spoke with oakland business leaders just out of a meeting with mayor jean quan a

avery on us. we have alluded to this wall the neighbors continue on this. the group noticing this kind of thing. i think it may be premature but a memo for starters, that will be available to the neighbors as well. i did attend a neighborhood meeting at this. this is what is related, and i think that it may be more broad if we could involve other things. commissioner antonini? >> we have many emails and letters, and faxes and phone calls. i welcome then at any time. in terms of how strongly that we consider them, the letters that are composed individually, with the individual named below them, residents of san francisco or the area in question, have more magnitude than things that are just sent anonymously, or from people who are not residents, and everyone is welcome to send anything that they want from any place, in terms of how much we give consideration. with the viewpoints that are individually concerned. this is the same letter being sent, earlier and earlier. and often, this is verbatim. >> thank you. if we can move forward to director's report, incl

sean avery a pest around the net, got his own rebound and scored his second goal in as many games. to the third, islanders turned it over and brad richards made them pay for their mistake. unleashed a rocket. rangers on fire winning their seventh in a row 4-2. >>> speaking of streaks, after a dismal start to the season, bruins have now won six straight. benoit pouliot scored in the third and the champs have got their swagger back winning 4-3. >>> that's your "first look" at sports. i'm fred roggin. >>> for another check of the weather, here is bill karins. >> the run is over, for everyone on the mid-atlantic to the northeast, an incredible stretch of mild conditions and it's coming to an end. temperatures are cooler this morning, it's still mild, but the colder air is on the way along with the rain. i have one confirmed tornado in the last couple of hours in southern portions of mississippi and northern louisiana. we have numerous tornado warnings in that area. joining us in eastern portions of louisiana, southern mississippi, those are the ones that are at the greatest risk dealin

also, i'm a nurse around i'm an air force nurse and i am avery excited to be part of anything to help health care for veterans. >> reporter: doctors say the more genetic information they can collect, the more they can learn about why some vets develop certain disease and disorders and others don't. they appreciate volunteers like kate that they consider mvps in the quest for cures. participation in mvp is voluntary and the department of veterans affairs says vet's personal information, including their name will not be connected with their blood sample. nationwide, more than 11,000 vets have provided blood samples. mvp hopes to enroll a million vets in the next five years. marianne favro, nbc bay area news. >>> other news tonight, quick response from paramedic saved a little boy this morning in santa clara. the car accident sent five people to the hospital, including two children. a 4-year-old boys of knocked up conscious but was breathing by the time he was transported to valley medical center. the crash happened on the corner of franklin and lincoln streets and one of the cars hit th