the homeless to leave the old transbay terminal has not been easy tonight. >> breakthrough with the >> breakthrough with the heart. researchers

>> dozens of homeless men and women are spending what will likely be their last night at san francisco transbay terminal. for some it has been home for years. even decades. good evening. things are changing though for them. old terminal is about to be demolish. >> the work slated to start at midnight tomorrow but getting the homeless out has been a challenge for the city tonight. amy is live at the transbay terminal where there are some hold outs. >>reporter: yes. officials say they know of 30 people who just don't want to leave. it is pretty cleared out tonight. look behind me. this is what the homeless say they like about this area. they like the shelter that the terminal

provides and bathroom jeans inside but in 24 hours they are going to have to go. >> you know it is closing tomorrow. >>reporter: one of the final sweep but despite the persuasive effort the homeless out leach team can not convince this man to go with them to a shelter. team is trying to move homeless people away from the old transbay terminal. which is scheduled to close for good at midnight tomorrow and will be demolished. even though there were 4 people left here tonigh tonight, the team is calling this a success. >> used to be crowded overloaded with people and to now see it has been cleaned out we have done a significant job here and to see the fewer people that are left here then that means that we have really did good. >>reporter: hold out can be tough to convince. many of them like their independent and don't like shelters. >> you have your freedom. that's what i really care about. i come go when i want.

wake up when i want. the play my music, you know, when i want. >> okay. get up in your bed. >>reporter: james coal is glad he is accepted the invitation for a bed. so is his dog rose. >> personally i feel in safe here. i love this facility. >>reporter: coal and his dog were living at the transbay terminal when a city worker invited them to the saint vincent depaul shelter. he didn't hesitate. >> as far as not wanting to leave, i don't know why anybody wouldn't want to leave. >>reporter: he knows there are people who don't want to leave the streets. he's hoping they can be convinced. >> i think if we go to them a little extra special, you know, maybe they will come around. want to get up out of there knowing they can have their own also place and key to go in and out and do what they want. don't have to be in the element all night long. >>reporter: the shelter is planning for more people to arrive tomorrow. homeless outreach team will double in number tomorrow. members will try an cop vince the homeless

to come inside but if they refuse, police will be here at midnight to force them out. live in san francisco, abc 7 news. all right thanks amy. >> 3 people are dead after small plane heading for california crashed and burned in northern colorado. the names of the victims haven't yet been released but denver post reports the plane serial number shows it's registered to sunnyvale resident. the plane left from boulder and went down near l recognition pass in the mountains. nobody on the ground was hurt. investigators expected to return to the crash site tomorrow. >> less than 24 hours after losing their case, opponent of gay marriage filed' appeal asking for prop 8 bap on gay marriage to be reinstated. still unvery solved is whether same sex marriage should resume during the appeal process. both have until tomorrow to fail the written arguments. decision could come as soon as tomorrow. >> david boy one of the torrence who helped of turn prop 8 spoke tonight in san francisco commonwealth club.

>> whether he to convince judge walker open the facts and on the law. now we have the facts demonstrated. i think that is a platform that makes it easier to convince judges of the law. >>reporter: as for the stay the appeal could provide a clue about how the high court might rule. legal analyst dean johnson says whoever loses the next round will take the issue of the state immediately to the 9th the circuit court of appeals. the loser at the 9th circuit would then take it to the u.s. supreme court. is in the supreme court is not in session and parties would claim a need for immediate relief. motion goes to the justice assign to the ninth circuit which happens to be anthony ken can i. likely swing vote in the prop 8 case and decision on the stay could give us the first indication of how prop 8 might ultimately be decided. >> pre-skyles open the chopping block in the east day with no state budge net site

the governor is talking about cuts and in berkeley that can translate to pre-kindergarten and after school programs eliminated. lisa reports from berkeley where hundreds rally against proposal tonight the. >>reporter: familiar rally cry filled the berkeley unified school district court yard. those here are struggling. >> we want to make sure we have a fair budget. >>reporter: right now there is no state budget and cuts to pre-kindergarten and after school program the governor is proposing are sending panic through bay area school districts. >> our total budget for the programs business 5 million dollars. this cut is over 3 and half million dollars. >>reporter: where does it leave you. >> it leaves us desperate frankly. >>reporter: berkeley. hayward. oakland. all trying to save child care. 7 oakland child care was to close but got last minute reprieve. they are due to shut down

august 31. >> we are low income. i got hit with furlough last year working for uc berkeley and now to have the child care go it would be hard for us to survive. >> my teaching staff could all lose their job. >>reporter: the closure mean 100 layoffs. >> i want to go learn something e-650 fewer children in school. he hopes to change the governor mind but for miss butler the impact is definite stating. teacher and her daughter is in the after school program. >> i won't have a summer job. won't have a place to go to work at and then i won't have child care for my daughter during the year. this is really bad. really need to get this budget passed. >>reporter: state bunch it conference committee voted to save child care. recommendation could go before the assembly as early as next week. in berkeley, abc 7 news. in washington there is word that might help save some

of those jobs. u.s. senate cleared the way for millions of dollars in emergency money to keep people at work. 26 billion dollar gives dollars directly to schools. san francisco unified school district expects to rehire some of the 300 laid off teachers and employees. but first it will cancel 4 planned furlough day. >> first we want to bring back those 4 days that had been cut means having the funding to reinstate the pay for all of those teachers who have had to take 4 furlough days. >> bill also provides 16 billion dollars to help save other public service jobs. san jose says it probably won't be able to rehire firefighters or reopen closed stations. oakland doesn't expect to reinstate the police officers was forced to open. still now goes to the house for approval. 2 vallejo resident under arrest tonight accused of using a monthlytive cocktail to start this fire. thousands

of files were destroyed. suspects man and woman are each being held on 100,000 dollars bail. no word open what their relationship is or what their motive wasism berkeley detectives ask for help tonight finding a whale chair bound woman reported missing in june of 2009. also developmentally disabled. mother who lives in new york was living with a sibling in berkeley and reported her missing after contacting her since 2005. last march please contacted sibling who said heather was fine but refused to let them search the house and has since left town. >> our main focus is that we want to make sure that heather is being well cared for and not met any foul play. heather bloom is 5 foot 7, 170 pounds, 1 last season she is in a wheelchair. >> massive sweep by state

parole agent and more than 100 police officers resulted in arrest of 50 gang members in the east bay today. most of the people arrested are known gang members. 20 of them wearing state issue gps condition for prior crimes. satellite tracking device helped tie the suspects to new crime. >> big role as an instrument in crime scene correlation for our partner. the natural a that is ex traficant la and provided why because of the great work done by our partnership. >> police seized 106 marijuana plants from one oakland location with gun, machetee and 5000 dollars in cash. >> more to bring you tonight. coming up next. indicating an confirmed as next supreme

court justice. what happened during the debate that led al to offer an apology. >> bay area lab where researchers found a way to reprogram themselves. could deliver on the promise of hip-hop singer. all that coming up and later on "nightline". >> dan and carolyn coming up next on "nightline"naomi campbell changes her story again now she received a get but are those dirty

since i've been doing roller derby for the last thr years, i'm more brash, more confident and i love this. can i use my hands? is that alright? i take good care of my body and i do it so i can do this. [ male announcer ] to keep doing what you love, keep yr heart healthy. cheerios can help. the whole grain oats can help lower cholesterol. i, i want to be doing roller derby until i break a hip. and then i'll do it for a little bit longer. hahaha. [ male announcer ] it's simple,

love your heart so you can do what you love. what do you love? see how cheerios can help you do it. >> closed captioning brought to you by mancini sleepworld. >> closed captioning brought to >> indicating an sworn in as supreme court justice on saturday. accept at voted 63-37 to confirm her appointment today. indicating an replaces retiring justice john paul stevens. president obama hailed her confirmation as sign of progress for the country. it is the first time 3 women will serve on the court at the same time. >> minnesota senator franken apologized for mocking senate majority leader minority leader rather mitch mcconnell at the end of the debate on indicating an supreme court

nomination. franken made gesture and whispered under his breath as the kentucky senator spoke. it was distracting that he went up to him after and said this isn't "saturday night live"now. bay area researchers are announcing breakthrough that takes stem cell therapy to a new level. creating function national heart valve without starting with embryo stem cell. >> those are the ones that turned into muscle cell. >>reporter: image are heart cells created not by the body but by researchers at ibs substitute using browned breaking technique. >> certainly one of the things that our lab and many lab in our area have been trying to figure out for 2 decades. so we are very excited about it. >>reporter: dr. depack and his team isolate key genetic factor for heart muscle and use the program to be beating

earth sell and. >> many loaded on a stint into the vessel in the heart that feeds the heart and then is able to reprogram the cells that are already sitting in the heart and turn them into new muscle that could help the heart do better. >>reporter: built on the work of this how to turn skills don't. the so-called cells grow into any type of cell in the body. this one skipped that stage entirely. >> we jumped over the sentence stem state and got into a beating art without even ever turning the cell in a stem cell that. breakthrough avoid one of the risk seshted with cells to treat hawm'. it can lead to cancer consume or.

that hurdle of cell therapy wouldn't have to be a doctor director. this is california institute for regeneration medicine that helped fund the resource. research needs to be done. still doctors believe labs around the world will now begin to use the same strategy of cell phones. >> we think that this kano for for brain cell may be able for pancreatic cell make influence but i think one by one over the next year we'll see this sort of pair dime shift for most little utility table but scientist working worried to replicate -- 80th that was out shoot thanksgiving evening. in cold it 30's there.

>> it is ridiculously cold. >> it has been unusually cold for august. i won't argue with it's one of them. we have seen some record kools kill conditions in the bay area. east bay hills camera this evening. marine layer 2 dig able to go the valley is bad jeep. persistent sea breeze come build with this professor. when you have one trough after another after off moving in open the west coast hard to get figure down here in the 50's and 60's. no surprise. marine layer already made it into santa rosa and nap a.also down towards mount view and enlooked. last sure the virt

for cooler than average conditions heading into the weekend. you probably or may not have noticed. it has been so cool. marine layer steadily increase. 2000 feet deep this everyone. 1200 then 15 hundreds by weather. actually drop-off asthma written layer to continue to deepen and clear away any type quickly so we had a report indicate for oakland. ordinary high at oakland 63 degrees. previous record set back in 2008 and record low in oakland. 52 degrees today. on the topic of cold, lime at center this is basically killer than normal equate tour. what they are predicting we are expected to

see la nina strengthen heading into the winter and last through the winter. twe thousand 10-11 usually it don't have is see of of the prestige comes later on in the evening. that will remain to be seen. what happens with coast vaeling on the lay cons again. clouds will clear out of the inland units along sun to come out and is in into remain in the it. coupe to topper of 92 56 degrees. downtown san francisco 61 and north bay it is mid snis for sat. east bay you had inland and mild sun do i. entire for

the mother ray bay in san cross. drizzle morning commute especially up the coast. mid 80's inland. temperatures coming up just a few degrees heading into next week. but really no heat wave instances time not. >> coming up next. stanford student able to pinto is

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♪ don't stop >> hip-hop shawn is officially running for president of his native haiti. >> singer greeted by supporters wheni arrived in port-au-prince with wife and daughter and committed paperwork for the candidacy today ending years of speculation about his political ambition. he was born in haiti but left when 9. he grew up in brooklyn but he has been very involved in haiti ever since. wish of the election will preside over billions of dollars of aid for reconstruction after the earthquake which devastated haiti last january. first year students at stanford medical school has fewer text book to carry this fall because the university is giving them i pad later this

month as part of trial program. sdupd time proof the student learning experience giving them easier access to text book and other course materials. medical school also plans to study the cost effectiveness of switching to the digital tablet. traditional medical text book can run up to 200 dollars a piece while electronic version is usually offered for slightly less. >> cost 200 or weigh 200 pounds. >> awfully handy to have little tiny thing. >> things gave me a eye pad every month. don't trust me witness. item my goal. tim with two run lead. figure game over. not so fast my friend. the best catch you may ever see in your life? what? this might be

you want some fiber one honey clusters? yeah. you must really care about him. what? no, no. you gave him fiber. no she didn't. this tastes way too good to be fiber. they're delicious crunchy clusters with sweet honey and half a day's worth of fiber. you care about my fiber? not really. i care about youfiber too. i have for while. ok, carl. why don't you care about her fiber? hey carl.

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new look, new year, who knew! jcpenney. >> good evening everybody. 2 run lead and most of the time the giants in pretty good shape. not tonight in

atlanta. braves found a way to come back. is this tool racing. better to be the hammer than the nail. okay. started for atlanta. pitched well. rips this over the head of rick. double scores rowen. 2 zip giant. only a couple bad pitches. that was one of them. pounces on the hanging curve. 2 run home intera flash 2-2. celtsed down after that in the fourth. one of the 7 k but in the sixth mistake. eric celebrating the first day busting out of a slug. happy birthday to you. top 9 giant try to rally why. giants fall 3-2. drop 2 back in the west because the padres won. her comes the usf saturday night. ultimate fighting to the bay area first time it is packed with hard core mixed martial arts fan.

pig against shape and don't like each other. he has done all kinds of trash caulking leading up to this point. if fist are as good as his mouth it ought to be some about. >> i'm not saying i would say i fought in a main he convenient in the uc this but clearly to win. doesn't have a lieutenant to do with' dear son. item a bounce. i'm after the championship belt. there could be only one champion. >> beating him up is just a bonus. linebacker scott likely out for the entire soap after suffering a torn acl in his left knee during practice educates why. he's fighting for the starting inside linebacker job. on to golf. tiger woods 7 time champion at firestone country club. never know it by watching his round today. of brick stone

invitational. tiger not higher than 71 on the course. look at the body language tells the entire story. 4 over 74. 6 bogey in contrast. phil on 9. final hole of the day for him. decide at 66. but the man to watch on 18. talk about reading the break perfectly. watson 6 under par 64 and he's the leader by 2. finally tonight you have to see this unbelievable from japan. about does his best "spider-man"impersonation on the top of a wall scaling it to rob him more ahead of a home run. that's amazing. looked a little lower. >> it must be. never seen anything like this item remarkable. "spider-man"evening. >> you want him on the wall. >> he will operate, hop right

up. >> his name again the if here. >> might be the best catch we have seen ever. >> yes.i'll go with that. >> that is what is happening "nightline"coming up next. >> for larry and all of us here thanks for joining news next newscast tomorrow morning at 4:30. stay connected any time you wish at 7 news.com. time you wish at 7 news.com. >> [ female announcer ] back to school means back to busy mornings. that's why i got them pillsbury toaster strudel. warm flaky pastry with delicious sweet filling my kids will love. plus i get two boxtops for their school. toaster strudel. the one kids want to eat.

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oprah: we decided to do what we do best and that is a show about and with everyday people. this show always allows people to understand the power they have to change their own lives. if there is one thread running through each show we do, it is the message that you are not alone.