surgery but that hasn't worked for nicky. rather than waiting for a deceased donor her family is looking for a living donor. 8-month-old nicky carter has a liver disease. her bile ducts are collapsed. her mother took this video of her in her hospital bed today. it's impossible to predict, her doctor says she'll probably die in the next several months unless she can get a transplant from a living donor. mom, tina carter has been sleeping in a chair by her daughter's bed. >> she's my heart. i love her so much. she's so happy and she smiles. she just wants to talk. she is just -- a little sunshine ball. >> nicky has been coming to the hospital off and on since may, back this time because her condition suddenly worsened. >> they're hoping we had time to get a pediatric liver. it's not the case anymore.

we're running out of time. i need a o positive liver and they'll take half of the left lobe. >> she's going to be tested and there is a michigan man, a stranger has volunteered to be tested after reading about their dire situation on facebook. >> i have a 2-year-old son of boy like to hope if something like that happened to him, someone would be able to be able to help him f that was the case. >> nick ease twin sister and two older siblings are home with their dad. bernard cannot be a donor, her blood type is not a match. >> it's hard to see her. she's never, you won't know she's sick. she's never cries. she's just a sweetest little thing. i'm sure nurses just love her, she gives no trouble. she's amazing. >> the california transplant donor network says there are

17 other children here also waiting for livers. there are a total of three, including nicky under the age of one. and unknown number of those need a liver sooner than nicky. >> and that is a major step forward in the first clinical trial involving human embryonic stem cells. the cells implanlted into a patient suffering a spinal cord injury. as abc 7 reports, the start of this trial doesn't end the controversy surrounding stem cell autos there is many people thought would it be decades before this day would come. >> 11 years after the founding they're seeing a human trial underway. stem cells have been give dwron a patient at shepherd center in atlanta. tests focusing on whether it's safe. the stem cells are developed using soley private funding. >> we're doing here is injecting live human cells

that based on animal evidence to date, permanently regenerates the tissue into which we inject them, creating a healed environment. >> the fda gave a green light in july. identity of the patientsent is not being released n time, he hopes the therapy will have same affects seen in lab animals in patients with heart damage and diabetes. this is a major milestone. >> this is a day of joy and happiness. a day that is going to come now because we have started the healing clinical trials. >> there are others considering this afirst step down a dangerous path. >> dr. raymond dennehe is a professor of philosophy at university of san francisco. >> you're talking about conducting experiments on human beings. and that is really... a direct

assault on the right to life. >> the trials will begin slowly. for now a patient at a time n due time there could be as many as seven medical institutions conducting trials, including stanford and northwestern. >> it's warm and dry around the bay area. just moments ago a red flag warning put into place because of fire conditions. and sandhya patel is here with a quick look at what's happening outside. >> over the hills we're starting to see winds kicking up. north bay mountains gusting to 30 miles per hour. and there is a wind dries out the atmosphere. winds three, but look at diablo gusting to 27 miles per hour. the relative humidity is 16%. this is why there is a red flag warning in affect until 6:00 a.m. wednesday morning.

there is wind gusts up to 40 expected. humidity will be into 10% to 20% range. we're facing high fire danger and records today that are expected into tomorrow and wednesday. i'll have a look coming up. >> thank you and we're live now in the east bay hills. how are local fire departments gearing up for this fire watch? >> here in the oakland hills, residents have lived through one of the worst fires they're starting but getting the word out with signs like these. there is firefighters say it's a fine line and not scaring residents. >> there is hot weather, gusty winds kick in. what is normally moderate fire danger gets an up great. >> there is a common event in

fall months. and there is this north wind pattern. >> that is the hope. that the week and cool summer made for vegetation that isn't as dry as it could be. >> this send fire crews on the look fought for home that's could pose a bigger threat. they found this family cleaning up dry brush and still among a stack of repeat offenders. leaves on roof, a mound of timber too close to the house and trees so overgrown, they can light up like match sticks. >> we have to keep it clean. the trash and everything. and if i'm not, my wife was doing it. my parents, my daughter. it's a big job. >> a big job that crews are making sure gets done. and this means you've got to

be careful using a weed whacker in the morning when grass is damp. there is a red flag warning remains in effect until wednesday morning. >> and san jose police are accusing a substitute teacher of sexually assaulting several elementary school students. police provided this picture of the 64-year-old suspect from san jose. investigators say the assaults happened during school hours. and this suspect substituted in other schools so detectives are looking for other possible victims. >> the federal government is ordering all areas surrounded by levies to be clear cut. now, lawmakers are joining environmentalists to fight that order. and there is laura anthony

life for us tonight oo. there is u.s. army corps of engineers gave notice they're going start enforcing a longstanding ban on vegetation and trees next to levies affecting about 3,000 miles of levies in california and those not clear cut could lose funding. >> it's if the federal government has its way, the banks of hundreds of california creeks and rivers could look like this. there is clear cut of trees or vegetation. >> this is stuck 50 years ago. >> congressman john garamendi joining with leaders to oppose enforcement of a national clear cutting policy by u.s. army corps of engineer autos there is an overreaction to hurricane katrina? >> i think so. i think the army corps was really pummeled. and in this hurricane katrina and new orleans situation. they want to cover their back side. fine.

okay. doesn't make sense here in california. >> in 2005, after hurricane katrina there were catastrophic levy failures. engineers determining the trees long the riverbanks compromised levies. in the bay area there are 100 miles of levies impacted including those along creeks from san pablo to coyote creek. removing vegetation will threaten fish and endangered species. >> the stated purpose is to enr increase flood protection. however, we don't necessarily agree with that. there are studies showing vegetation in california improves the safety of the levies. and we cut trees down from here down the lookout. >> this wild cat treek is a prime example. and this is in another

thousand remove ntd county complies. >> and this is is all rej vegetation that will be destroyed. a spokesperson told us this afternoon the agency is in the middle of a two year study to determine the impact of vegetation on levy integrity. the federal government will consider a limited number of variances or exceptions to this new policy. >> and still head tonight what if 49ers had to share a stadium with oakland raiders? why neither team is ruling out that possibility. >> there is a takeover by homeless advocates. why police were unable to make arrests today. >> from russia with doubts. the governor discovers a gold mine for foreign investors.

silicon valley isn't so sure. silicon valley isn't so sure. >> a new test [ whitman ] they say california can't be governed anymore. i say baloney. this state belongs to all of us. we just have to decide we want to change. i know government isn't a business and it shouldn't be, but the same values of accountability and focus that make california businesses among the best in the world could do a lot to fix sacramento. i'm on a mission to create more jobs, stop wasteful spending, and improve our schools. let's get to work. ♪

>> closed captioning brought to you by mancini sleepworld. a 24 hour take overof a vacant holel in the tender loin district ended with no arrests. the police department broke into the building this morning to remove protestors who began occupying the leslie hotel about this time last night. the activists calling themselves creative housing liberation group were trying to draw tension to world homeless day yesterday. >> this is empty.

we have a lot of homeless families and people in san francisco. >> we is a homeless problem here in san francisco. and this is something that needs to be addressed. this is not way to do it, in my opinion. >> and we've searched every room and the protestors escaped over the roof and down the back stairs before that raid began. two men were detained and released. >> 49ers have been looking for a new home for years but with costs p pushing $1 billion money is an obstacle. and that reality is reigniting debate about killing two birds with one stadium stone. >> in the competitive world of sports sh you won't find a lot of fans cheefr cheering the idea of 49ers and raiders sharing a stadium. >> not a good idea those are two fans that shouldn't mix. >> nfl commissioner has a different idea. and at the raiders game, he

suggested that two bay area teams share a state stadium just like the new york jets and giants. and paul stadahar is written has tlee books on sports and economics. >> this makes sense for them to try to light a fire under parties to get them to do something constructive. this is a shared stadium i think would do. >> the commissioner's nothing comes as 49ers move forward can plans for a new facility in santa clara. and there is a raiders struggling with a aging coliseum n june, they signed off of the possibility of it hosting two teams. the stadium is designed to accommodate two teams. and the report addressing other issues is approved but 49ers say that is only an option and not the plan.

>> if it gets to negotiations and discussions that are serious about it, we have to look at what are the comply indications. >> in light of the commissioner's comments, raiders ceo issued a statement saying in part we do have and are keeping an open mind about the possibility of sharing a stadium. not all observers think raiders owner al davis would buy into such a plan. >> al davis might not like being nay pose to play second fiddle to the 49ers in what will be their ballpark. >> it gives fans something else to talk about when they meet up on sunday. >> well, will be interesting. >> it will be. >> heat is on. and if weren't for fire dange danger... >> that will continue throughout wednesday. so... two days of heat and there is what it looks like

right now. we're looking towards the sierra. we do have build ups. you're seeing a cloud there and there is another live picture and there is a beautiful view of the sun. and we have seen heat. there is previous record at 96. and napa 89. also a tie. and there is sfo, 88 degrees. and there is moffett field, 87. there is a tie again today, numbers now 60s and 70s along the coastline. 80s inland. there is fire danger on the rise. warm to hot conditions and more records likely during that time yo.d there is what

is a ridge of high pressure. a set up performing for a nice warm to holt afternoon. and there is a ridge continuing to push inland there is a flow intensifying and there is continuing through wednesday as long as this is situated where it is so winds result in low humidity. we're starting to see it into hills and that transfers down to lower elevations. we're going to see the gusty winds of course into overnight hours and into tomorrow. this is why there is red flag warning in affect for hills. heat watch in effect tuesday afternoon through wednesday evening. expected to be a warm one. highs into 80s, if you're sensitive to heat take precaution here. overnight tonight a mild night. most areas into low to mid-60s. there is tomorrow afternoon, a warm to hot one into the south

bay. 91 for san jose and cupertino. on the peninsula, coming up 91 for palo alto. coastal area goesing from 60s to 80s. you will feel warmth. 82 degrees in pacifica. 84 into sunset district. there is a high of 80 in san francisco. 96 for santa rosa. 95 in son gnomea. east bay you're looking at 89 in oakland. up to 90 for union city. inland communities toasty day. 93 in livermore. around the bay, 90 degrees in santa cruz. up to 92 inland. here is the accu-weather forecast. just a warm to hot next couple days. fog coming back into play. cooling begins on thursday. you start to feel cooling over the weekend. temperatures dropping into low 60s at coast. mid to upper 70s inland. we're back to fog and sea

breeze by weekend. until then, well above average and that is setting a record. >> thank you. >> and coming up next, the danger your child is suffering a concussion. >> what may have become mandatory reading in every high school locker room.

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breaking news out of the ken value value yi. smash involving a small tour bush, a semi truck and an suv near lodi. there were no passenger buzz two people have been air lifted to the hospital. one of them sent to john muir

hospital. and word on which caused this crash. he highway 12 is backed up around hod eye. >> and there is a growing drum fwheet sports to better protect athletes. and abc 7 reports a bay area lawmaker has the ball on the issue and he's running with it. and this happened again today, another nfl player getting a concussion. this time, it was chicago bears quarterback jay cutler. congressman george miller wants to change the sports culture encouraging players to suck it up and play. >> there is a element of toughness to the sports. >> miller and officials today unveiled this poster at pinole valley high school. a poster describing signs and risks of concussion autos this

is a poster that is in the locker rooms. now, he wants it to hang owe every high school longer room. also, today with former 49er linebacker tina turner, he remembers his concussion from college. >> i think the one at purdue was the worst. i got kicked in the head. >> last year, pinole valley linebacker missed three weeks of football because of his concussion. >> i remember is that i ran and everything else blocked out. >> so i'm glad it's happening now. everybody needs to know this is no joke. >> congressman miller troin dused legislation setting safety standards for public schools in hearing horror

stories. >> the concussions venturing into voft ball games, and the stories were enough to move miller to carry the ball on the dangers of concussion. vic lee abc 7 news. >> and the death of a british aid worker in afghanistan, killed by people trying to rescue her. >> also, coming up tonight impending rescue of 33 trapped miners in chile. a plan to get them out safe lie a budget initiative lie a budget initiative uniting big cities anananananann

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engineers in chile declared the teflt of the mine rescue capsule a success clearing the way for first rescues to begin tomorrow night.

33 men have been trapped since august. and they will be lifted to safety starting tomorrow night. today, the capsule lowered to within 50 feet of the chamber. there was concern it might loosen rocks but it didn't even stir up dust. >> this is where we can watch how it behaved during the process of movement of the cage. and we could see there is no stone that was during the process. we're pretty sure the cage will behave properly. >> all equipment should northbound place for long-awaited rescue by midnight tomorrow. during their 20 minute ascent, miners will be outfitted with oxygen masks, a heart monitor,

temperature gauge and open phone line, wearing special sunglasses since they haven't seen sunlight in weeks. 10 men developed medical conditions, others are fighting among themselves over who will be rescued last from that mine. >> and there is nato looking for -- linda norgrove kidnapped last night. and hearing she was in grave danger she launched a rescue mission on friday and reported she had died when one captain yoir detonated a bomb. today, british prime minister said she may have been killed by an aid. one proposition has educateors fighting back. fit passes prop 22 would keep the state from raiding city

coffers to balance the budget. >> there is hundreds of cities supporting prop 22. the mayor says it's time the state stopped raiding local revenue to cover it's budget failure asks says that practice results in cuts to police, fire and library autos these services are what we deliver here in local government. it's an effort to make sure the state can't take that money. >> and educators say the economy made budget balancing tough and prop 22 could wo tie hands to legislatures to redirect money to where it's needed most. >> every aspect of the the past and i can't afford any

other dollars. >> groups opposing prop 22 include california nurses association, and california professional firefighters. the november initiative is sup portd by league of california cities, california transit association, and california alliance for jobs. >> this office does not take a position on prop 22 but does offers this information. last year the state bor yod $1.9 billion from city coffers but created a mechanism to repay it. the office says the state took, or redirected $1.7 billion from redevelopment agencies to school districts. prop 22 would restrict property tax revenue intended for local use saying money grabs wreak havoc on its ability to create jobs through redevelop oomt this agency was

hit with a $75 million take, it's a significant hole in the budget and prevents us from doing needed local program autos if voter as prove prop 22 it would be a constitutional amendment that would change the way it manages public money. some taxpayer groups warn it will take away flexibility lawmakers need when money is tight. >> when it comes to setting priorities education should come before. >> prop 22 would not generate new new money for create new debt but would have a big impact on state and local budgets. >> and abc 7 and the san jose mercury news arranged a debate between two major candidates for secretary of state. we'll stream it live from 2:30

to 3:30 this wednesday. and will broadcast it here on abc 7 sunday. >> and president obama proposed a six year, $50 billion program to improve roads and transportation systems making a pitch during a white house meeting with governors, mayors, officials and cabinet sects. the plan calls for building, fixing or maintaining roads, rail lines and airport runways as well as instaud stauling a new air navigation system to reduce travel delay autos by making these investments we won't just make our economy run better over the long haul but create good, middle class jobs right now. >> he says it would heap makeup for when what he calls years of costly intervention. >> and silicon executives do not share enthusiasm for

investing in russia. the governor was in moscow today. the executives concerned about doing business in russia because of its corruption-plagued economy. the governor says russia's potential for growth makes it a gold mine for foreign investor autos when we develop a medication or have a break through scientificly it's for the rest of the world. we love martnering with russians and with everybody to work on this because all this is global. >> the russian president acknowledged corruption is a part of every day live in rush yachl the governor is doing what it can to fight it. and among those travel was the governor are official was microsoft and bloom energy. >> a major san francisco-based business is going private. the childrens clothing retailer gymboree agreed to a deal for $1.8 billion.

profits have risen in each of the past five years. and lieberman promoted to general manager of kgo radio today. microsoft announced plans to launch three smart phones in time for holidays run on microsoft mobile phone software and testing whether microsoft can catch up with apple and google in the smart phone market. >> and not much movement on stock markets today. nasdaq went up just a fraction. >> tonight a time-saving test for tuberculosis. >> and if you do down that road, you can find it's not tv. you voiced those resource autos lab results comingman: em?

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a suspicion of tuberculosis had health departments to quarantine patients for weeks at a time. now an experimental test is being used here in the bay area. for patients consulting with doctors at tb control clinic the worst scenario is not knowing. >> this is where you want to know as soon as possible. there are thing that's go into motion. >> the director says that patients with suspected cases have often faced weeks of isolation until test results come back from cultures. many begin drug treatments in the meantime. >> and if you find out you've wasted resources and all of the sigma coming with tuberculosis. >> now, she says there is

difficult diagnosis being made in hours because of a testing system being used at the clinic. >> i add this to the sample. >> testing developed by sunnyvale based company using lab cartridge technology. a patient sample placed inside and reads dna the chief medical officer says it's sensitive to identify drug resis stent strain autos between sample preparation, and amp plix and detection of the tbt, is it's an hour and a half. >> for result that's once took more than a month. the gene expert machines start around $25,000 being used to test in several third world countries. the application is not yet approved by the fda for use in u.s.. >> we consider this a break through technology.

despite initial investment he believes tests could save agencies like hers hundreds of thousands of dollars. mainly by ruling out tb in patients who may have had nothing more than a sus spishus x ray, saving e pens of isolation and preventing unnecessary investigation autos looking at suspects half of our suspects had not had active tb. a quarter did not need treatment. >> and the bill and melinda gates foundation is helping fund the distribution of the test in developing countries. >> coming up here next, the final events of fleet week in san francisco z the science behind growing a prize-winning pumpkin.

meet the real meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay the money back. what kind of person would be involved in deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter?

you can see

fleet week sofr. organizers calling it most successful one in 20 years.

events wrapped up today with tours of ussmacon island. it's an am fibbis assault vessel. and it boasts a feature no other navy ship can. >> this is the onlyship in the united states navy with a hydropro pults system. we can operate on a diesel electric. and then, higher speeds and we're going to save a quarter billion over the life cycle of the ship. >> it's estimated a million people came this weekend for fleet week and blue angels. >> and there is another attraction today, 37th pumpkin weigh off. here it is weighing in 1535 pounds, a record stands 1700 pounds.

ron root grew this year's winning gourd explaining it's a science. >> well, a lot of people think you feed it milk. it's into the soil. there is a lot of natural kelp male z organic materials. a lot of manure. they love compost. and a lot of sprays with sea weed and some other things we use. >> and the prize? $6 a pound that is about $9200 plus a thousand for being from california z those tl is an additional $5,000 anyone breaking the world record. that is serious money. pumpkins look like fall. it's starting to feel like fall. >> there is warm to hot weather we have come to get used to here in october. that has prompted red flag warnings continuing until 6:00 a.m. wednesday for north bay mountains and east bay hills. and there is sustained 15-30

humidity dropping between 0% and 20%. just be aware of this. tomorrow morning, temperatures starting out into 60s, mild conditions and there is numbers rising quickly. 07s, 80s by noon time. there is 80s along the coastline. and there is cooling beginning thursday, and really continuing right through the weekend when temperatures drop down into mid to upper 70s range inland. and there that not until fog gets going. and there is a low pressure system approaching. >> it's getting warmer. will winless 49ers remain without quarterback alex smith? >> the

changes its log yog, inig nighting a fire storm. join me for that tonight and see what result they've made. >> and at 11:00 why california

will now have to pay rent to a group of texas investors. its coming up at 9:00 and 11:00. >> and cross your fingers and toes. whatever you've got. >> giants trying to close out braves tonight in atlanta. and the look yeez first post season start has not been celebrated a home run from kbrin mckenya the first. derek lowe had a no hitter through five with eight ks. and giants lead 3-2 in the 8th. highlights at 9:00 and 11:00. and despite their 0-5 recorder president will stick with mike single teary and saying they'd win nfc west what.? for the story of last night's game and today, singletarry said alex is still the

starter. >> and i want to see alex give himself a chance to be a good quarterback. >> last night, smith responded. >> i think when he went back in the game, i don't think he pressed. i think he played more true to who he is. i think he threw the ball clean. i think he was -- after the conversation we had on the side lines he forgot about the stuff and just played quarterback. >> i think there are times out there that i know that i -- wasn't too cautious. i find myself making mistakes. it's counter productive. but, me? it always has. and there are times when i was

more fearless. that has been bet year teammates have his back. >> i thought it would be up to me to get to alex and tell him that -- to play the game. stay in the game. i want him in the game. we need him in the game. >> i understand, you know? how the situation can be touch yeechl i'm the last person going put anything tiff smin spin on anything going on. what i want to do. i'm just trying to keep alex motivated and positive. give another set of eyes. >> one bright spot is michael crabtree's performance, caught nine balls, both career highs and came lieu with his third career touchdown. he's not happy with the play this team is playing. >> i never started 0-5 this, is new to me. something i ain't trying to get used to. just got to go work, man. >> niners host sunday.

silver and black ended a 13 game losing streak now 2, 3 but had to shuffle quarterbacks. and it's still the starter if healthy. and jason campbell was impressive leading the come back. oakland one of nine on third down to one point. on the final two drives he and raiders were five or five on third down. the coach says having two capable quarterback saz good problem to have. >> interest is some history with raiders in that. you know? if they have ability to have him come off the bench to go win games like that. there is history there. and you know you'd like your quarterback to go out and do it. and jim plunkett took over with a two and three record. and 49ers have not been 0-5 since 1978. i was on that team.

and there is more talent on this team than that team he's saying. >> ways on that team! >> you think they can win the west? >> we'll see about that. >> better start now. >> that is this edition g night for can a smartphone be its own guardian angel ? can it keep an eye out for itself, literally show and tell you where it is when you don't even know yourself ? droid can with lookout mobile security, one of thousands of free apps for the droid x and droid 2 by motorola. available on the ever-expanding android market. when there's no limit to what droid gets, there's no limit to what droid does. meet the real meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay

the money back. what kind of person would be involved in deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter?

captioned by closed captioning services, inc. this is "jeopardy!" let's meet today's contestants-- a writer for a nonprofit environmental foundation from arnold, maryland... a psychiatrist from new york, new york... and our returning champion-- a bartender from bellingham, washington... whose 2-day cash winnings total... and now here is the host of "jeopardy!"--