Into december. Im not a big skier. Right. Do you guys go up. I like to sit in the lodge and read a magazine. Ill sit there with you. My husband and boys love to ski. We dragged the ski stuff from last year in the garage and they put it on head to toe. They are excited. I am a sledder. I am a sledder. Let me introduce you to the lounge. The hot cocoa. A little hot cocoa. Speaking of hot, nice transition, sal. Lets talk about Major League Baseball allstar game. I was never a fan of it. The deal, it is an exhibition team. Because the team with the best record should have Home Field Advantage in my humble opinion. Would you watch the allstar game before they made that switch. Sometimes. You dont need to ask me. Dont make me say it on tv. Welcome to the 9, everyone. To the south bay we go. The last of the inmates who escaped last week is now back in custody. The fourth man was arrested in south san jose just about 8 30 last night. Chavez had been on the run for nearly a week. It was a 7hour standoff after sheriffs deputies searched a house and determined someone was hiding inside. Inside. Detectives requested the assistance of our s. W. A. T. Team to respond to the scene after they discovered signs that someone was concealing them self in the attic of the residence. S. W. A. T. Team members responded to the scene, took chavez into custody after conducting an extensive search of the apartment. The woman who lives in that home was also arrested for object instructing an investigation and for helping an escaped inmate. The arrest comes one day after campbell was captured in antioch. The other two inmates were captured shortly after they escaped outside of the jail. Tips from the public helped lead them to the inmates. New this morning, shocking news from fremont. A female teacher at Washington High School arrested and accused of having sex with an underaged student. Earlier on mornings on 2 we heard from School District officials about the arrest. Now were hearing from parents of other students at the school. Alex savidge broke the story. He is live on campus with more. Alex. Reporter good morning to you. Parents stunned to hear about this arrest. The principal here at Washington High School did e mail out a letter just this morning to parents, letting them know about what has happened here. A pe teacher very well known here, a woman who has worked here for several years was arrested last week on thanksgiving for having sex with an underaged boy who we understand also attends Washington High School. Now, the teacher has been put on unpaid leave. And she will ultimately be let go. District officials confirm 32 yearold cory audiat was arrested last week. She is accused of having an inappropriate relationship with a student, a boy from Washington High School. Our sources tell us that the crime happened over the past summer. It is unclear exactly how it came to light and why the arrest just took place last week. Now the superintendent of the fremont unified School District says this is a very difficult time for students, staff and parents. We talked a short time ago with one woman whose 16yearold son goes to this school. You have to be careful, you know, especially with the teachers. They are more friendly than normal. And sometimes if they invite to enjoy time outside of the school, its more dangerous and you have to be careful about it. Our First Priority really this morning is just to establish calm and get the campus back to a normal state of focus on education of students and and to cooperate with the Police Department and make sure that the investigation is thorough and complete. Reporter Officials Say audiat has worked for the district since 2008. Before she came here, she worked at american high school. She was also currently working as a swim coach at Mission San Jose high school here in fremont. And of Course School officials want to put the word out to parents and students to be aware of what took place. If anyone has any information on this investigation, they should come forward and talk with Fremont Police. We are expecting to get more information from Fremont Police on this investigation as we move throughout the day. Also interesting here to point out, you guys, from what we understand, the teacher who was arrested on these charges actually attended Washington High School and apparently graduated in the early 2000s. Thank you, alex. We have more information on the arrest of a High School Football player. We told you about it at the end of the 9 yesterday morning. The suspect is 15 years old and attends the all boys Catholic School de la salle. He is accused of assaulting a girl who attends the high School Across the street. Rob roth found out that the alleged incident happened after a football game. Reporter police say a Sexual Assault took place on the campus of de la salle high school. After an investigation, we made an arrest of a de la salle student. Reporter police say it happened friday, november 18th after the Football Team defeated Clayton Valley charter high at de la salle. The student under arrest had played football but not on the varsity team. The Administration Says the following monday a student at the all girls school came forward. A student came to our principal to report the alleged assault. We immediately put her and her family in touch with our personal counselors to offer support. We immediately contacted the concord police. Reporter Police Believe what happened was an isolated incident. They wouldnt say if the two teenagers knew each other. The boy was arrested and transport today Juvenile Hall yesterday. Reporter letters were sent out informing parents of what happened. Counselors are on campus to help students cope with what happened. Our prayers are with our student and her family. Reporter de la salle put out a statement saying they are cooperating with police. We care deeply about the safety and well being of all students. We are not at liberty to discuss the situation. Its our responsibility to protect the privacy of the minors involved. It will next be up to the District Attorney to decide whether to bring charges against the 15yearold student. In concord, rob roth, ktvu fox 2 news. Were joined now in studio by ktvu legal analyst michael cordoza. This boy was arrested. They must have evidence to turn over to the District Attorney. If youre defending him, what would your thoughts be. I what wouldnt to see what the accuser has said. Theyre almost talking about it as if this young man is guilty. We dont know that yet. This is an accusation from a High School Girl against a freshman, sophomore in high school. And a young man that is not on the varsity Football Team. I think we have to wait until the facts come out. Keeping in mind his name wont come out because it is in Juvenile Court. Youre talking about the football. In the police release, you know, they mentioned that he was a football player. I have a question about that. As a defense attorney, would that bother you . Why not just say he is a student . Why do they say he is a jv. Is it because it happened near a game maybe. No. What it is what is de la salle known for. Football. Their great Football Team. Lets put out there that it is a football player. I agree with you. That is from the Police Department. I understand that. And the police tend nowadays to put a little slant to things nowadays. Because you listen to what is going on there. Dont most people think, oh, he did it. Oh, he did it. But we dont know that yet. As mike suggested, you have to give a little edge to you. What the media perception is influences what the d. A. Will do. No question about that. You will be in Juvenile Court. There will be closed proceedings. One of the things that would bother me as a defense attorney, will this be a case where this young man will have to register 290. My guess would be i doubt it. Because he has to be denied probation and sent to the juvenile state prison. From what i have heard, it doesnt sound like this case rises to the level of a felony, put him away for a long time. So often we hear allegations of Sexual Assault being dismissed as a he said she said. Lets talk about evidence that could make the case. Keep in mind too in Juvenile Court you have judges. You dont have juries. So the dynamic is really different. You have a judge that will listen to the facts of this case. If in fact it goes to trial. In superior court adult, i cant remember the last time that i went to a court trial. I would rather put it to a jury because judges oftentimes are very conservative. In Juvenile Court, believe me, they hear it all. Juveniles are a lot more advanced than they were when we all were growing up. Saying that, prosecutors would want more evidence, as much evidence as possible . They could send the kid back to the Police Department the case back to the Police Department and say that is not enough. If the young woman says he did whatever she is accusing a sexual battery, that alone is enough. Then it becomes as you say, gasia, a he said she said situation. But the judge decides wherein the truth is. And does she convince the judge beyond a reasonable doubt what she is saying is true. Okay. Stay with us. Sure. I want to get your input on the next story. Theres a new rule that takes effect allowing federal agents with a single search warrant to hack into millions of American Computers or smart phones at once. Yesterday a Bipartisan Group of senators tried but failed to block the new rule from taking effect. Privacy advocates say it gives government too much access to the private information kept on computers and phones. The Justice Department says the rule is necessary to keep up with the changes in Technology Used by criminals. And now fbi agents will be able to go to just one judge to get a warrant to access thousands or millions of computers infected by hackers. Our question of the day is about this law. We asked you how much of your Digital Privacy are you willing to give up in the name of National Security . So many tweets and comments on facebook. Sticks and stones tweets as long as we continue to live in fear created by our own government we will always be monitored for our protection. David malone tweeted us, quote, from benjamin franklin. Those who would give us essential lib tier deserve neither liberty or safety. Jewel says i have nothing to hide so i could care less about virtual privacy. Everything done in the dark comes to light. If im an agent, im going to go to the district judge who likes me, i like him. Right. Give me the warrant out of i mean what are your thoughts on this. This includes your computer and phone. Just everything. Even like stuff that was on everything, right. Right. In a word, this is frightening to me. They can. They go to one judge. Before they had to go to the jurisdiction where the computer was. Lets say southern arizona. You go to southern arizona. Or i can go here to a judge that i like. You could but usually well, the law said you had to go to the jurisdiction of the computer that you wanted to search. Now you go to one judge and blanket the part of the country that you want to get. Can they go overseas and do that . To me, its frightening. Were giving up too much liberty. The Supreme Court brought this rule in last spring. Now all of a sudden it is going into effect today. And everybody is up in arms. My question is why didnt you all come at this before you senators and set this up in your Senate Hearings to stop this from happening . What theyre saying is, lets have hearings, lets vet it. Lets get more information. Because what if they go in and get information about you. Can they use it in other ways . Uhhuh. You have been hacked. This is what happened. You have been hacked. They have taken money from you. Now the government wants to go in. The other big fear is from health companies, hospitals. Well, if we have been hacked, you go into our computer. What if you all shut it down on us. Then we are out of business. Why cant they use it if they find something on the side, right. What do you mean. You pull me over for speeding. You find marijuana in my trunk. Ill be busted for that. When you go into somebodys computer, you go in for one thing and you see other things. Thats why it should be vetted in front of Senate Hearings. What is going on. What is it used for. Can they turn it over to the treasury for tax purposes . Look, you made a little bit more than you declared. Even though you were hacked, now were coming after you for that. Were not going after the hackers were going to go after you. Those questions have to be answered and they havent been answered yet. Lets have hearings on this. Im against it right now until the hearings happen, if they happen. We have to run. Thanks for coming in. Coming up next on mornings on 2 the 9, commemorating World Aids Day. We catch up with a group of students preparing to mark the day with a special ceremony on castro street. Plus a new agreement for Major League Baseball means big changes are coming. What it means for the players, the teams and the fans. The 58yearold has served 12 terms in congress. He would be californias first latino attorney general. He must be confirmed by the state senate and assembly. Donald trump is taking what some are describing as a victory lap. Mr. Trumps first stop is indiana where he will tour the carrier airconditioning plant after reaching a deal with the company that saved 1,000 jobs he says that were headed off to mexico. So far terms of the deal have not been released. But Trump Supporters say it shows the president elect can save american jobs. Just as the president elect and the Vice President elect they will go to indiana, mike pences indiana, and join with carrier and announce that thousand jobs or so will remain in the United States of america. It is exactly what he ran on. What i would observe is if he is successful in doing that 804 more times, then he will meet the record of manufacturing jobs that were created in the United States while president obama was in office. President elect trump and Vice President elect mike pence will appear at a rally in cincinatti, ohio the first of a thank you tour in the swing state thats gave him his victory. A poll shows that most americans dont want president elect trump to repel obamacare. The survey was conducted a week after the election and find 26 percent of respondents supported repelling the Affordable Care act. 30 favored expanding it. Even republicans who backed trump had a change of heart. Back in october the same survey found 69 of republicans wanted it repelled. After the election, that number dropped to 52 . The percentage wanting to see obamacare scaled back more than doubled. We are learning more details about the new collective Bargaining Agreement between Major League Baseball and the players union. As first reported by fox sports and ken rosenthal, under the terms of the deal, the as will be phased out of a Revenue Sharing Program that gives additional noneto smaller market teams. The as had been receiving an extra 35 million a year. Sources tell the mercury news that the as anticipated in losing this money. A league that wins the all star game will no longer have Home Field Advantage in the world series. Instead the advantage will go to the team with the about ther regular season record. The minimum stay on the disabled list goes from 15 down to 10 days for quicker roster decisions. Now owners and players need to ratify the deal that includes banning smokeless tobacco for any new players. Several cities including San Francisco have already banned the use of smokeless tobacco in ballparks. A statewide ban goes into effect next year. Blue skies but it is deceiving. It is not like its 70 degrees out. Its like chicago. It is sunny but it is cold. It is clear but a little bit of fog Still Holding on in parts of pleasanton and livermore. It is lifting. We had clouds this morning. They are out of the picture here. Chamber of commerce day. Clear skies. Northerly breeze though is going to play into our forecast. There is the fog by pleasanton. Fog finally thinning out. It was super thick out in parts of livermore for a while. Clear skies now except for fog out in the valley. The system goes down to Southern California and the four cor