. >>> a retrial in the murder case is set for february, pedro hernandez is accused in the kidnapping and killing of 6- year-old pates. a judge scheduled jury select to standard the 22nd. the first ended in mistrial after the jury deadlocked a hold out jury refused to convict hernandez of the murder. >>> to a developing story a state of emergency issued in california today 25 wildfires continue to burn across the state the fires destroyed 60,000 acres and can be seen from this satellite image in space. chris martinez reports from lake port california. >>> the rocky wildfire northwest of sacramento exploded over the weekend and now covers about 60,000 acres. thousands of homes are in its path and the area is under a mandatory evacuation. >> i couldn't get back if i wanted to, and with the fire danger i'm not sure i want to. >>> richard is concerned about two of the three cats forced to leave them behind as the flames drew closer. >> they seemed to have an ability to escape fire, so i'm hoping that they did. >> the fire started wednesday and grew quickly, thanks to erratic winds and hig

patz' father attended the hearing for pedro hernandez in lower manhattan. it comes three months after a judge declared a mistrial in the case due to a hung jury. hernandez confessed to strangling patz in soho in 1979. his attorneys argued the confession way coerced. an exact date was not filmlized. february 22nd. >>> a bus driver from new york city critically injured in a deadly crash in north carolina. an apex coach bus was traveling near benson when it struck a guardrail. the bus crossed into northbound lanes before crashing into a median. police tell our sister station in raleigh that the bus driver, eric jimerson fell asleep at the wheel and was thrown from the bus. another car swerved off the road to avoid the bus and struck a tree. killed. police officer? car. it happened when temperatures were in the high 80s. someone noticed the dog in the car and alerted police who were able to get in the vehicle and get the dog out to safety. the pup was left there for more than an hour without water. the dog's owner was issued a summons but a was allowed to keep

pedro hernandez's first trial ended in deadlock. 3 years ago, hernandez confessed to killing patz. his lawyers say he is mentally ill and his statements were fiction. >>> happening today, benjamin netanyahu is taking his campaign to internet. he will be streaming live jerusalem. >>> an update on a something dog stolen from an owner's driveway in new jersey. someone turned diamond into an animal shelter. the video shows the woman on saturday taking the dog. police are are looking for the suspect, but the dog has been returned. >> that's so good. >>> still ahead a big change for amazon brim users. >>> they are not paying rent or mortgage, and we work hard to keep our communities nice. >>> a community outrage after unexpected neighbors moved in for free. >>> what this pro surfer is doing to help in the shark attack victim. >>> we have active weather this morning, and the thunderstorms are pushing through the islands. community will fall tomorrow, and you will see traffic and weather on the2s, coming up. >>> welcome back to cbs 2 news this morning. we have rain out there and also some

. >> pedro hernandez will face retrial next year in the kidnapping and murder of aton peat back in 1979. a judge said your ry selection for february 22nd hand the trial expected to begin in march. the previous trial ended in a hung jury back in may after of one juror held out toll refuse convict hernandez after 18 days of deliberations. hernandez confessed to police in 2012 to killing apartment z more than three decades after the boy disappeared. >> president obama taking on climate change and announced plans to reduce the con try's greenhouse gas emission pies nearly a third by 2030 from the nation's coal-burning power plant. he said new rigs would be the single most-important step america has ever taken to combat carbon pollution. >> right now, our power plants are the source of about a third of america's carbon pollution. that's more pollution than the car, the airplanes and the homes den rate combine. that pollution contributed to cli hate change which is the air our kid cans breath. >> critics announcing that they would sue the federal government stop the rules from take effect. >>

the first trial of pedro hernandez ended with a hung jury. hernandez confessed to killing the boy after luring him into where he worked. hernandez is mentally ill says defense says -- >>> donald trump increased his lead. the monomoth university pole shows 26% of americans favorite primary. jeb bush was second. followed by walker. new jersey governor chris christie was tied for seventh for 4%. only the top ten gop candidates will participate in thursday's debate. on the democratic side, hillary clinton released her first television ad. she talks about both her record and personal views. that includes getting help for 9/11 first responders when she was a new york senator. the ad points out that clinton's mother who was abandoned by her parents as a child served as an inspiration. the ad came out amide news vice president joe biden may enter the democratic primary. >>> stocks on wall street kicking off the trading week on a down day. investors spent the day pouring over the earnings reports. they were discouraged by drops in auto prices. the dow

pedro hernandez, if he is accused in the 1979 killing of etan patz, a judge scheduled jury selection to begin on february 22. the defense attorney opposed the judge's ruling to delay the case to football to give the new prosecutor in the case more time to prepare. >> we just believe that the evidence listened to by a pair and impartial jury? the first trial ended in a mistrial in may after the jury was deadlocked. the lone hold out juror refused to convict hernandez in the case. >>> police say they have caught the man who attacked a woman in her west village apartment. investigators say the map in this surveillance video is 35-year-old jeffrey joseph. according to police joseph scaled a fire escape, broke into the woman's west tenth street apartment and groped her while she slept. >>> and the driver of a speeding minivan accused of causing a serious crash in new jersey faces charges. that left a dozen people injured including a jersey city police officer. jenel burrell spoke to the people who saw it happened. >> reporter: this mercedes one of several cars destroyed by the van that tr

a judge today setting jury selection for the second trial of pedro hernandez beginning on february 22nd. his first trial you will recall ended in may with a hung jury. hernandez confessing to killing the boy after luring him into the bodega where he worked in 1979. after today's hearing, attorney for hernandez expressing frustration that the trial won't start any sooner. >> tension because my client sits in jail and the people keep requesting for a delay and now we are not going to get started until end of february and we wanted to get this case moving earlier. >> jury selection expected to take a couple of weeks. opening arguments expected to begin in march. >>> moments ago the three suspects in the shooting death of a new jersey teen appeared in court for the first time following their arrest. naji mcduffy, darius emanuel and justin nesssmith facing a first-degree murder charge. 16-year-old broken wirth spann -- braun witherspoon was hit. his family donated his organs to six people. >>> police say they have arrested a man who broke into a woman's apartment in the west village and assa

. >> a judge has set a date for retrial of pedro hernandez, the man accused of kidnapping and murder aton peat in 1979. jury selection will begin february 22nd of next year. the actual trial is expected, though, to begin in march. the previous trial ended in a hung jury in may. after one juror held out and refused to convict hernandez after 18 days of deliberating. hernandez had confessed to police in 2012 to killing peat more than three decades after of the bodies appeared. >> well, major retail remembers pulling certain toy guns off the shelves. under settlement with the new york attorney general well mart, sears, amazon have agreed not sell the realistic toys. this is after finding that more than 6,000 toy guns sold from 2012 to 2014 actually violated state law. the law prohibits the sale of black, blue, silver-colored toy guns. throughout. there is an alley quittor looker around flushing meadows mark in queens. hi, liz. >> good evening to both of. it is a windy night here in the park as you can see. a great night for a run. and apparently, that is when a jogger spotted 3:00 this

the first trial of pedro hernandez ended with a hung jury. he confessed to killing the boy after luring him into the bodega where he worked in 1979. defense attorneys say the confession was coerced by police. >>> you are never more than seven minutes away from weather and traffic and bill evans with the exclusive forecast. >> we take a look outside. we are looking at showers, thunderstorms pushing eastward. another batch of rain to the west. here is our camera on the roof. we are looking at thunderstorm there on the northern branch of the northern part of long island sliding out to the northern branch. big old overnight thunderstorm. you see these in florida. they build overnight. we are looking at it working out to riverhead, northern branch, southold out that way to shelter island, gardiners island, to the end of the l.i.e. now that's north of 27 from quogue up to the northern branch. this is along 84 in southbury. that is the showers there. a band of showers here will slide through. if you are going out right now, you see the line of showe

pedro hernandez wasn't convicted, it was a hung jury, although 11 of the 12 wanted to convict. it looks like the new trial will begin on february 22nd. >> opening statements will then begin in march. the previous trial ended, as you know, in a hung jury back in may after one juror held out and refused to convict mr. hernandez -- >> that was a wild case. >> that was wild. i think the family was so mad at that one juror. >> etan patz disappeared back in may of 1979. never found, and the case kind of changed the way we viewed child safety in this country. so once again -- oh, and there was some back and forth between the lawyers. they don't want the defense speaking out to the media like they did last time. >> meanwhile, greg, strong rip tides in our area, be careful the next few days, and they may be to blame for several near drownings. four people had to be rescued yesterday in two separate incidents. the first happened around 6:30 yesterday when u.s. park police say two women were pulled from the water, one was unresponsive and taken to the hospital. no word on her condition th