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tv   KPIX 5 News at 530pm  CBS  January 3, 2022 5:30pm-6:00pm PST

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will make for these kids? >> the third jab, being up-to- date with that third jab gives considerable protection against omicron. that is very clear. it is not as good as to jobs, just not as good as we would like. that third jab is important for everybody. and teenage kids, we just don't see a high enough rate of vaccination to start with. those that are fully vaccinated or have had to jobs, they really need to get that third one and that will give really good protection. >> we are also seeing a big spike until the 19 cases. test positivity at nearly 60% here in california. how high do you think those numbers could go, especially after the holiday? >> they will go up, if you look in the southeastern states, like florida, new orleans, louisiana, the rates are 17 or 18 per hundred thousand.
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we will see the new year's eve effect for another week. we will continue to see that rise, i don't know where it is going to peek out, but my hope is that we will see that peak within the second week of this month. >> okay, then hopefully cases will start to go down. i wanted to clarify some information that has been circulating online in terms of these rapid tests and pcr test, folks say they are getting negative rapid tests when they get a pcr test and it is positive. folks say they tested their nose and it was negative at the back of the throat where it was sore and they are getting a positive. what is tim be made of all of the confusion on the accuracy of these home tests? >> you know, it is very confusing. no one can really keep it completely straight unless you study it every day. bottom line, the pcr test is
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the gold standard for picking up the rna of the virus. that is the genetic material of the virus. it is the most sensitive by far. the best way to do it is to go all the way back through the nose to the back of the throat. that the brain tickling sample that we talk about. it is not comfortable. pretty good is about half an inch into the nose and that is that we do mostly because it is almost as good. so, the pcr test is the gold standard. if you are asking the question, am i infected. if you are asking the question, am i contagious right now? the antigen test, the rapid test that you do at home is a good test for that. it is not 100% accurate but it gives you another layer of safety that it is unlikely for the next 16 hours or so, you will not be contagious. so, that is a really good role for that antigen test. i would suggest if you wake up in the morning with symptoms of, it might be covid-19, do the rapid test. if it is positive, you've got covid-19.
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you don't need to probe further. if it is negative, and you have a bunch of rapid tests, which i don't know anyone who does, you can repeat it again the next day or go get a pcr. if that is negative, some other agent is causing it. >> colds are going around right now. i know a lot of people who have had these runny noses, scratchy throats, coughs, and it is not covid-19. >> and you know, it is not just cold going around. looking at the cdc data, it is looking like unfortunately we will have an average influenza year. an average influenza year translates to somewhere between 25 and 35,000 excess deaths and hundreds of thousands of hospitalizations. you know, last year we were blessed with essentially no influenza, but this year it looks like it will be the average. so, we are going to have omicron, delta, and influenza, to contend with, along with a couple of other viruses. it will be a rough january.
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>> as with all the anxiety, and a question. dr. john schwartzberg, thank you for helping us make some sense of this. >> you are welcome, thank you, stay safe. >> you, to. president biden is focused on tackling inflation and rising heat prices. -- meet prices. today he spoke with meat producers about his billion- dollar plan to cut costs. >> reporter: president joe biden met virtually with farmers, ranchers, and independent processors after announcing new actions aimed at lowering the price of meat. >> we will ensure that you have the tools you need and the level playing field you deserve and we will fight for fair prices for american farmers, ranchers, and families, all three. >> reporter: the white house plans to distribute $1 billion of american rescue plan funding to expand and diversify the nations meat processing capacity. in part, by helping producers address inspection costs, purchase more equipment, and provide workplace training and safety. >> we are excited about being able to have local processing
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done by local people, and then sell directly to the consumer. >> reporter: the biden administration is also proposing new rules to crack down on anti-competitive practices and to clarify the product of usa label, which for now also applies to meet raised overseas and processed here in the u.s. >> for big corporations control more than half of the markets of beef amma pork, and poultry. without meaningful condition, farmers and ranchers don't get to choose who they sell to. >> reporter: federal data shows the food cost have soared nearly 7% since around this time last year. with beef prices up more than 20%. >> it's so expensive, i can't afford those meats. >> the white house is pushing congress to pass bipartisan legislation to make kennel markets more transparent. the new year brings new california laws, some went to take effect for a while but
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most started on january 1st. one of the new laws taking effect this year is the bacon law. this law allows more space for pigs to live when they are being raised for meat. the new law could raise bacon prices as well, and could lead to sticker shock at some restaurants. >> our concern is, will this hurt our immigrant restaurants? our chinese restaurants going into the new year and they cannot get the bacon or pork? that is something that we really want to keep an eye on. >> senate bill 389 extends pandemic rules, allowing alcoholic drinks to go through 2026 however this law is more restrictive than expected. a borrowers -- bars will have to have a food license to sell in to go cocktails. the law also does not allow beer to go. another law is related to ghost guns, and will make it possible for law enforcement to seize them while executing a temporary gun violence restraining order.
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also this year, minimum wage goes up. businesses with at least 26 employees will be required to pay a $15 minimum wage, that is more than double the federal minimum wage per hour. coming up, the most powerful telescope ever built approaches his final orbit. why this is the riskiest part of the journey. some people concerned about gaining weight during the pandemic, surprising research shows how some of voided packing on pounds. i'm john ramos in san francisco where the oldest homicide case on the books is about to go to trial. oris it? the family says they will believe it when they see it. we will have that story coming up. with covid-19 cases surging, a lot of people are worried about what could be around the corner. here from bay area experts on th
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the powerful james webb telescope approaching its final orbit about 1 million miles away from earth. the 10 billion-dollar telescope was launched on christmas day from french guiana. it was engineered at a technology center in palo alto and takes just under one month for to deploy and reach the final orbit. the telescope just entered the riskiest part of that journey. if the mission continues to successfully, the telescope should be sending back its first images in about six months. now to a bright spot in the sky in alaska, where the aurora borealis was on full display. this shot was taken in fairbanks . it captured the northern lights or aurora borealis displaying the bright green glow . you can typically see the lights all year long, but the
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best time is between august and april. still ahead, phrases are so popular they have been banished at least on one list. the expressions we love to use and in some cases love to hate. hi there, happy new year from us at the cbs evening news. we have a lot to cover tonight starting with winter weather slamming the east coast and forcing ground stops at two major airports. plus, major news for parents, the fda authorizes a booster shot for 12 and 15-year-olds. how soon your children could get it, that is coming up. see you soon.
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we want to get you back to the breaking news. within the past 20 minutes, cameras were there as elizabeth holmes left the federal courthouse in san jose after a dramatic conclusion to her fraud trial in federal court. the jury took seven days to convict her on some counts and clear her on others. let's break down the verdict. holmes was convicted on one count of conspiracy. she was found guilty on three counts of fraud. the jury cleared homes on for
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other counts and on three counts they were unable to reach a unanimous decision. wall street saw some solid numbers today. the dow was up 246 points, nasdaq up more than 180. the s&p 500 up about 30 points. apple is the first publicly traded company to be worse $3 trillion. company shares hit an all-time high today of $182.88. the company past the $2 trillion mark back in 2020 and $1 trillion in 2018. the company's shares have grown recently partly due to the success of the-13 and streaming services. if you are an old-school blackberry user you have a few hours left to enjoy punching physical keys. that is because blackberries is tomorrow, services and software on those devices will no longer reliably function. that includes data, phone calls, sms, and even 911 functionality.
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devices running on android software will still work. you are on mute is the latest on the list of words and phrases that should be banished according to the report from lake superior state university. this year topping the phrase was the phrase no worries, followed by wait, what? new normal, and circle back. the university got thousands of submissions for overused words and phrases. the university started this list back in 1976. we will go live to the federal courthouse as a city attorneys have exited. let's adjoin the press conference. but for those of you that have been following, the term acting u.s. attorney, the acting has been taken off of her title. >> exhuming, what is your name? >> abraham simmons.
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>> we are just hearing what was an official announcement from the acting u.s. attorney stephanie hines, now being given the official title of u.s. attorney. joining us now to get reactions to the elizabeth holmes vertex, stanford law professor robert weissberg. professor, first, your reaction to this split decision? >> i don't think it is as split as some people may make it out. the case was always strongest for fraud against the investors. they are the ones who were directly receiving the messages from her, all the fraudulent statements were busily directed at their ears. they are the ones who most obviously and directly materially relied on those false statements because the response was to give the money. in that sense, although a couple of fraud and investor charges seem to have failed,
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the government really wanted a case and the most important count was the first one. the conspiracy count, that is really the umbrella that subsumes the fraud against investor counts. >> that sort of points to intent, right? with the fears he the intent was to defraud and the charge of fraud, they did not. >> right. the intent had to be there, but in particular, it has to be shown that there were people who received the message and directly relied on that message to their financial debt detriment. that was clearly established for the key investment claims here, it was always more difficult to establish that for the doctors and the patients, because what made you rely on those messages is all rather indirect. the cost to them is more amorphous whereas for the investors the cost is perfectly straightforward, the money they gave her. >> certainly this was tough for the jury. they had to get into the 11
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counts and get into the weeds regarding what elizabeth holmes had promised to investors, and what she was thinking at the time. >> yes. getting back to this question of intent, sure, she avoided conviction on some counts, but remember, one of the themes of her defense wasthis fecklessness, i didn't really understand what was going on, i was under the control of my partner, i was nacve and so on and so on. in that sense, because of the conviction on the key investor counts, the jury flatly rejected that. the jury made, really, a holistic decision that this person knew exactly what she was doing, knew she was telling falsehoods, and continued to tell falsehoods even after she faced criticism from her own people, like the lab manager who was the first and crucial witness, when they told her the
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device isn't working. the data is invalid, and she just plowed ahead. >> her legal team, as you pointed out, did manage to convince the jury to clear her on four counts, does that play into her teams possible appeal on the convictions? >> know. not at all. you know, they will find things to appeal. normally an appeal cannot be on the basis that the jury got it wrong, you have to find very clear legal error. committed by the judge. a mature there is any. first of all, even if verdicts were inconsistent, juries are allowed to make inconsistent verdict as long as the counts are solidly based on the facts. second of all, there is no inconsistency here. the counts on defrauding investors were strong, the counts on defrauding doctors and patients in a few particular investors were not quite as strong. so, we are not talking about any inconsistency, just a
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sensible differentiation by from what i can tell was a very sensible and methodical jury. >> professor, thanks so much for the insight, we appreciate it. >> thank you. turning our attention to the rain out there, the view that we have right now on the golden gate bridge is an excellent example of what roads will look like a bay area wide for the rest of tonight. it is not raining heavily, but it is raining enough, with this study missed, that the road will stay slick. i will show you why i say that we switch over to high definition doppler and nothing stands out here as a blockbuster storm by any means, but you can definitely see the radar is detecting light showers. if we come in for a close-up look, in and around east bay hills, down the peninsula, just like what we were looking at. the bridge is very steady and the reason i say it will go like that for much of tonight, there is a lot more extreme.
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as we take it on the future caste and play it forward that gets us into the 8:00 hour, now we are getting into the 10:00 at 11:00 hour and it is just like it is out of there right now. maybe at times it gets better organized in the early morning hours of tomorrow. and then, there are still left over showers possible for tuesday morning. really by at 9:00, we are done. we clear out and for the rest of today you won't get rained on. technically, tuesday has rain on it in the seven-day but it is all falling before like at 9:00 in the morning period here are the totals by the time we get there, you know, the thing this mainly does is keep our temperatures noticeably warmer in the overnight hours. look at the lows. mid-50s and 40th for santa rosa, oakland down to 48. when we take a look at the highs for tomorrow it is back into the low 60s. remember, by the time we get into the afternoon we will see breaks a blue skies with highs near 60. it will be a much nicer day tomorrow. it will feel better, it is not warm, but it is noticeably warmer than we have been in many places. a couple of other
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opportunities for rain coming our way but first this one drops snow tonight in the sierra . it is a winter weather advisory up there and in terms of our next chance for rain, friday, widespread rain in the bay area, light to moderate rain on friday and perhaps another chance on monday of next week. we should state rain free for the weekend. there is the seven-day for the rest. back over to you. >> thank you. coming up at 6:00, continuing coverage of the partial verdict in the baroness fraud trial. the latest out of san jose and what comes next. plus, a san francisco murder case is still open more than one decade later. why the suspect is now free and why the victim's family is afraid there may be yet another delay. a look at the covid-19 test scramble as people return
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plus, you can get twelve times the speed for the same price when you add xfinity mobile. that's more speed and more value. say hello to kicking off the year with this amazing offer. and with xfinity mobile, you can get a 5g phone on us and three hundred dollars back during our xfinity hello twenty twenty-two sales event! click, call or visit a store today! mark my words, my friends, everyone will know. >> today on the covid-19 front of the state capital, hundreds of people gathered to protest school mandates for student vaccines. the group our children our choices drew activists from across the state. vaccines cannot be required at school state wide as early as
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july. a surprising new study shows how some people managed to avoid gaining weight during the pandemic. >> reporter ian lee tells us what researchers never saw coming. >> reporter: when covid-19 shut everything down, lily hutchinson had time on her hands. >> i used that time in the pandemic to exercise as much as i could. >> reporter: with gyms close across the uk, until they reopened. amber nakamura taught classes online until she was back in her london studio. >> we've definitely seen a wider group of people coming in. >> reporter: she also noticed many newcomers shared something in common. >> i think that probably scared and motivated a lot to just get in, work on their fitness levels, try to improve their overall health. >> reporter: visa stories are not unique. in the world's largest nutrition study with nearly 1 million volunteers in the u.s. and uk, researchers saw something they did not expect during the pandemic. >> what is really surprising
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is, our research showed that for a large proportion of the population it was an impetus to get more healthy. >> reporter: scientists found 32% of participants pushed themselves, losing an average of nearly 9 pounds. 33% ate more fruits and vegetables, while 22% snapped less. >> the people that started off before the pandemic with the least healthy diets and lifestyle behaviors went on to lose weight rather than gain it, improve their diet, increase their physical activity and improve their sleep habits. >> reporter: lily also noticed more than a physical change. >> mentally what i get is beyond worth it. >> reporter: the pandemic giving some the time to focus on getting fit both physically and mentally. ian lee, cbs news, london. >> the saying, fake it until you make it, you cannot fraud it until you make it. breaking news, baroness theranos founder elizabeth
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holmes found guilty on some charges in the fraud trial, what is next? people return for their holiday travel. the rush is on. i'm john ramos insipidus go where the oldest homicide case on the books is about to go to trial. is it? the family says they will believe it when they see it. we will have that story coming up. good evening. i'm allen marsden. >> we begin with the high- profile verdict in the theranos fraud trial. let's get to len ramirez live at the courthouse for us. len? >> reporter: a lot of drama here this afternoon into the evening here in san jose tonight. let's go to videotape we just shot a short time ago of elizabeth holmes leaving the federal courthouse after being convicted on four counts in her criminal fraud trial. she was also convicted of conspiracy. she left the courthouse amid a crush of reporters from around the country, national news, local news as well. some international news. there is a lot of interest in this case which has been going
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on for at least four years, and the trial for about four months. let's get to some of the charges she was convicted on. we have got for guilty charges, including conspiracy, as well as criminal wire fraud. another four not guilty charges, then there are three where the jury could not come to a decision. a hung jury on three counts against elizabeth holmes. so, we are talking about a very mixed bag of results, but there are four convictions, which could translate into jail time for elizabeth holmes when the sentencing happens a little bit later. let's get some analysis from one of our legal analysts on the jury results this afternoon. >> i think the evidence definitely supports their reasoning, and i think this jury did a fine job of being very diligent and going through the evidence and asking questions of the judge and seeking the

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