police sources tell abc 7 news easley was taken into custody this afternoon, outside of the la playa safeway at ocean beach after someone there overheard him and the girl arguing. that he person take a look and recognized them from the nancy grace television show. they called police, easley did not reese sift when taken into come. he's been on the run with smith for a week. this is a surveillance photo from a salem, virginia walmart showing them together on the day police believe he killed smith's mother. they met online over the summer, and tina invited him to move in in october. after tina's body was discovered an amber alert went out for britney. it's unclear how long they've been in san francisco. roanoke law enforcement officials say there are no visible signs of physical injury to britney. she knows her mother is dead. it's unclear, they say whether

she's told or if she might have witnessed it. she's spoken with her family in virginia where the county law enforcement is relieved. >> i can't express it. i'm happy. believe me. i'm happy. and it's -- it's difficult to put into words. and we, together, were this for the week. we've talked about it between each and all of us. all of us wanted so much for her to be safe. and well. and to get back to roanoke, okay. >> there was an unrelated felony warrant out on easley. it's unclear what for. roanoke officials say they're not sure what the plan is for bringing britney home right now. she's likely in the custody of child protective services. live in san francisco, abc 7 news. >> she's safe. thank you. >> and a san francisco police officer shot a man late today

in a mission district park. police say the officer was investigating reports of several men drinking in garfield square, one attacked him. the officer opened fire hitting the suspect once. >> he's been treated for what police describe as nonlife threatening injuries. the officer was hurt, but only slightly. >> there is a srdz of reports on how your tax dollars are being spent and how the government can get the biggest bang for your buck. the city of san carlos is getting a rude wakening. a 30-year-old cost sharing agreement for the fire department isn't working out. vic lee is live in san carlos tonight with the story. vick? >> in this day and age, it's aabout bottom line, money. first a police department z now, the fire department is under scrutiny.

san carlos and belmont merged to save money and improve service. >> you're sharing a chief. sharing administration and both cities were able to eliminate a fire station. >> the partnership worked for 31 years, started with a city stliting -- splitting the cost 50-50. five years ago san carlos settled a squabble by increasing shares to 53%. then, recession hit the general fund hard. >> our general fund is the fund paying for all safety park and rec. back end infrastructure. >> belmont paid a share of the department from a special fire district fund established years ago. last year, san carlos told belmont it wanted to dissolve the joint fire department. >> we have a need to reduce our expenditures and our partner has a better financial picture and is able to deal with different levels of

service. >> belmont officials were disappointed. >> this is kind of a step backwards to be frank with you. it's tough to be part of an agency 35 years. >> the fire chief is trying to keep morale up among rank and file. >> what i've told crew sthaz this is not about any of us. it's not about service we provide. it's a political issue this, is something between two cities we need to work out. >> belmont sedz they may start its own fire department again but looking at other options as well. san carlos looking at hooking up with other regional fire departments among them, north county fire district headed by daily city. >> the city of daily city provides the chiefs fire marshal, training and back office, if you will. >> and under that option, all san carlos has to do is pay salaries of rank and file firefighters. next fall is a deadline when two cities will are to choose which options they want. currently, the fire department

has four stations in about 40 firefighters. vic lee abc 7 news. >> thank you. >> the state of education in california came under attack today in a courtroom. the judge heard argue gums in a pair of lawsuits claimed the state is failing badly in the responsibility to provide california children with a quality education. california has a constitutional obligation to provide students a quote meaningful education. that is the core argument behind two lawsuits filed against the state by a coalition of groups including parents like sally heys. >> since we don't ask for parents to pave the roads in front of the schools, it seems fair to me that you shouldn't ask parents to pay for kbraixz of ed ookts main concern is that state is not set up that way financially but system wide to educate our children.

>> the state cut $17 billion from education in the past two years with more expected next year. california's 50th in the country in the ratio of students to teachers. the lawsuits cite the fact a third of the students don't graduate from high school in four years and half fail to test proficient in the academic content standards. douglas is an attorney for the stit people through prop 98 and 111 decided what level of funding is require required for california schools fchl plaintiffs believe a different level of funding needs to be established the needs may need to go to legislature or back to the people. >> the state argues plaintiff plaintiffs are suing the wrong party. >> we made clear in papers the government does not have the constitutional authority to appropriate money. >> we sued the state of california and governor. i think we are talking to the right people here.

and that is rather a silly argument. >> the lawsuit is in the hands of judge steven brick expected to decide if the case should go to trial by the end of january. >> despite angry opposition, the governor's plan to sell a bunch of state-owned buildings can go forward. and why the judge made that decision today, and what happens next. the california supreme court of san francisco is one of 24 state buildings in the bay area los angeles and sacramento that could be owned privately this wednesday. a judge said the.$3 billion sale then leased back those office does not violate state law, nor sit an unconstitutional gift of public funds. >> it confirms what we've known. it's valid. we'll be moving forward to close the escrow process and complete this sale at this point. >> about half of the proceeds will be a one-time infusion for the state budget to help

shrink the deficit. the other half towards paying off bond debt for buildings. >> it just doesn't pass the smell test. >> hearings and reports have questioned whether the sale makes sense. in the long run, will cost more to rent back the office space over 35 years, and especially since a number of the properties are nearly paid off, and the state is close to owning them free and clear. >> this was an unconstitutional, watch this word, stealing of taxpayer money. it's just an outrage these buildings are being sold for this amount of money. >> besides the cost, the sale raised questions over the $500,000 finders fee, santa ana mayor was in line for if the deal went through. but that has been cancelled. >> state of california is not paying a finder's fee to anyone. >> john was one of the two long-time members governor schwartzeneggar fire forward questioning this sale. he lost this round in court, he says it's worth it to keep

fighting. >> my voice now is being heard in court. and... that is gratifying because that is what democracy is all about. >> opponents of the sale are ready to file an appeal monday. the courts then would only have two days to act to stop everything in its tracks. in san francisco, abc 7 news. >> and a santa who lost his job is back to work tonight just up the street at leflty odoule's restaurant and bar this, with his appearance on "the tonight show". >> san francisco is everywhere as jant is everywhere in spirit. you cannot keep a good santa down. take a look. he's got a new gig here at lefty odoule's. and big welcome for john too maniy in his new home after macy's fired him when a elderly couple objected to a joke he'd told.

he'd been the department store santa more than 20 years. but things worked out well. and the lefty odoule's owner collects toys for fireman toy program figuring who would be a better spokesperson than santa claus. he hired him to spaerhead the drive. he'll be here every day to accept the toys or you can just drop by and drop one off. people will pick them up or luxor cab will pick them up. this was a surprise, macy's made a statement saying john moved on, so has the store. but after more than 20 years, it was hard to take. >> when you're maceo's you're the top of the heap. and i'm sorry macy's doesn't feel that way anymore but that is mace eye's new york. because people here in san francisco have always been very nice to me. and last saturday i was getting ready to pack up my stuff and go back home z i've got a job.

through christmas this year. >> are you ready for santa this year? >> he's going to be here until mid day on the 24th. christmas eve. and then he had another place i guess he has to go. they're expecting to pick up 10,000 toys during this drive. here at lefty odoule's. john says he'll be back here next year. >> thank you, and there is a lot more still to come tonight at 6:00 including injured sea lion being treated tonight in the marine mammal center for multiple gunshot wounds. >> a reading on the local economy. a greeting card company where business is better than ever this year. >> visibility is good in downtown now. but there is dense fog coming to the bay area tonight. i'll show you where in my accu-weather forecast. >> and i'll have the story

underwater sanctuaries off the california coast and a last-ditch effort to expanananan

>> closed captioning brought to you by mancini sleepworld. take a look at this, this is a driver killed in this vehicle slammed into a pole just off interstate 80. last night a police officer was nearly run over by the car and when another officer spotted think the morning, the chase began.

and investigators believe the driver had a warrant out for his arrest. >> and a sea lion is getting help after being shot in the head. handlers are calling him silent knight for his regal demeanor. he lost his right eye, sadly and a few teeth. his left eye is swollen shut from inflammation around the face. veterinarians are concerned it could do more harm than about g.to try to remove the pellet autos some are very close to the brain f swelling from that or infection from that gets into the brain, it would be life threatening condition and could be fatal. >> so what to do? the plan is to leave them where they are, and how see it heal was medication. >> positive sign for the economy tonight. a survey indicates half of the bay area biggest companies plan to fire more people in six months.

the confidence index up to 58, anything over 50 is considered good. and consumer confidence reached a six-month high seems people are willing to spend more on extras of the season. and there is a company printing up and shipping out a lot of holiday cheer. >> tinny prints is getting a boost. the company offers customized greeting cards and business is better than ever. ed haun is co-founder of tiny skprints says the company delivered 20 million holiday cards last year and this year, he's projecting global sales of 30-35 million. >> customers are send morgue cards than before from our company. it's a great gauge for hopefully how the economy is doing. >> haun says customers are spending after rinl $100 an order. to design and process greetings, tiny prints doubled the staff. hiring an additional 200

employees. people like lynn yet meeker autos i've been laid off since july. and have been here for a week. it's been great and amazing. >> it's not scientific but another gauge of consumer confidence can be found on lots. in a bad economy, trees are one tradition people don't seem willing to give up. this year, many are paying a little extra. >> it's going to be altogether about $105. >> this tree farm has 14 lots around the bay area and this opened early this year, sales have been brisk and get this... there is a buzz in a chain saw that is a positive sound. >> they have us make room under the tree. cut branches for presence under the tree. things are getting better this year. >> and at tiny prints upturn may mean some of the seasonal workers will celebrate the new year with a new full-time job.

>> there is sacred heart community service is closer to funding it's program tonight. when 6,000 people signed up for the food and toy program, staff were concerned they'd not be and the short fall and the organization like this, i think we'll be confident we're going able to meet needs so far. >> this money is going towards 3,000 christmas food boxes and 15,000 toys. sacred heart says the need has never been greater. >> and it's still bleak out there. but things are turning around. >> and spencer christian is here with the forecast. >> we can use rudolph's nose

to lead the way. it's foggy here. and you can see dense fog there. and there is visibility not ideal and there is is a time lapse view watching fog build and a lot form a fog storm over the bay there. and there is visibility down a mile in half moon bay. there is continuing to diminish as fog gets more dense during overnight hours. now, we're looking at temperatures into upper 50s to low 60s so pretty mild. and wide spread fog tonight. dense in locations. mild most areas and i'll show you exceptions in just a moment. there is satellite showing

high pressure building with the dominance factor into weather this weekt bringing us a warmer weekend with exception that's i told you about. there is 7:00 saturday evening, we'll see dense fog into the central valley beginning to spill through the straight and delta pushing across the bay westward. if that cool fog brings temperatures down a bit in locations near the path of the fog, some parts of the inland east bay and north bay and around delta there. there is other areas warming up nicelisy bisunday, almost to spring-like levels. overnight, mild, foggy and low temperatures into low 50s and some locations inland areas will be seeing lows dropping into upper 40s, tomorrow, sun burning through and a beautiful day. high temperatures into south bay. and above 65 degree level. 66 in santa clara. up to about 65 on someplaces in the peninsula.

and excuse me on the coast. in and around san francisco, highs of 63 degrees downtown. 61 into sunset district. highs into low to mid-50s. and mid-50s, and hayward and oakland inland valleys up to 65 in danville and pleasanton. near the bay, warmest readings of all. 68 watsonville. and there is is the accu-weather forecast. three gloriously sunny days coming our way. lots of warmth. we do have unsettled weather for a lot of next week. tuesday, wednesday, thursday, friday. a chance of showers all four days and rain likely on two of the days. >> thank you. >> and coming up here next, benefits of inclusion in the school system. >> what it's like to be the nñaaaaaaaaaaaaa

lightning fast. lightning strong.

rizon 4g lte. rule the air on the most advanced 4g network in the world. in the world of education school districts are celebrating national inclusive schools week. >> that means disabled kids and those with learning dies are altogether in the classroom. >> researchers say it come was many benefits. daniel is the only fifth grader with a set of wheels. his chair has never been an imped oomt really good at speed, rebounding. >> that is basketball he's talking about. last year, daniel's team won

his national junior disibles championship in denver. in the classroom receiving the same instruction as all of the other kids and as his classmates point out he seldom relies on other autos if he needs a marker he doesn't say hey, so and so, can you get me this? he gets up and goes, does it by himself. >> and there this has been an inclusive school. the district is trying to expand the program at other schools, research shows kids with disabilities benefit from being in a classroom with other students. >> i think students with challenges by seeing what should be done, try to emulate that to the best of their ability. >> and his mother wants him to be in this classroom. a decision she made when daniel was in preschool, trying to play tag with kids. >> he was crawling... crawling,

running. crawling. and he was a fighter like that. and i said... do you know? he deserves to be with the other kids. >> and today, nothing stops him. >> makes me more kinder. >> it just builds a better sense of community and acceptance. moving way beyond tolerance every day, reminded of what makes daniel special. >> someone who gives up. not someone who gives up. >> and still head tonight at 6:30 the attorney general comes to the bay area to defend a crack down on terrorism. >> and the bureaucratic mess that is creating a new trek in

disnice gis. >> lots of good old fashioned filibuster on capitol hill. a lawmaker

u.s. attorney general says the latest wikileaks release put the safety of american people at risk. but he won't say whether they want to prosecute. the attorney general will speak before a muslim group. >> he came to san francisco to attend a financial fraud conference, will be speaking with that group later fwoont hate crime prosecutions. but most questions at news conference were about the recent release of cables by the web site wiki leaks. at the news conference, attorney general holder was asked, will he prosecute wiki leaks spokesman for violating

the espionage act? >> the investigation that we have with regard to wiki leaks is ongoing. >> because it's an ongoing investigation, holder would not discuss specifics saying only that the main stream media that published this information isn't as culpable. >> they acted i think in a very responsible way. so i think that is one of the distincts. >> he denied the government is trying to pressure the site. >> we've not pressured anyone to do anything. >> tonight he's scheduled to talk about terrorism and hate crimes. a spokesman declined to comment before the meeting. and at san francisco islamic center the director told me his members are not happy with the way holder's justice department is investigating suspected terrorists. >> the things are hanging

there and they're not in a proper way. >> he was speaking of the recent arrest of a 19-year-old oregon man caught in an fbi sting after telling under cover agents he wanted to blow up portland's tree-lighting ceremony. >> we believe in honesty. we don't believe in illusion and deceit and those kinds of thing autos holder's response? a sting operation saved live autos concern in these cases is that if we do not participate in them, in a way that is focused and don't entrap people, i person like him would come into contact with someone who might provide him with necessary materials so that a successful bombing could occur. >> holder will repeat that message tonight at his meeting with advocates. we're covering this address and swril a report tonight at 11:00. >> thank you. >> the federal aviation administration ordered all u.s. aircraft owners to

reregister planes because the agency lacks key information about who owns them. the government lost track of 120,000 planes and officials worry criminals like drug traffickers and terrorists could exploit gaps in the system to buy planes without government knowledge. >> registration number on the airplane is the same as a license plate on a car. if the faa or anyone wants to check on you if you're flying low and it's bothering them, take take the end number. >> the faa will tell owners to reregister their aircraft next year. >> the tax cut deal worked out between president ob yaum and republicans is facing opposition tonight. vermont senator staged an eight-hour filibuster today to protest the zpeel congressional black caucus says members oppose this measure, extending all tax cuts including those for the wealthy. >> we understand that there are tough choices that will need to be made next year, and

we're extremely concerned that cuts that could be made should this package pass would w.would hurt the poor and low income communities and further erode the safety net. >> at the white house, former president clinton made a surprise appearance today, and he doesn't think the wealthy need a tax cut. >> the agreement taken as a whole is, i believe, the best bipartisan agreement we can reach to help the largest number of americans and maximize chances that the economic recovery will accelerate and create more jobs. >> the senate is expected to approve the plan on monday and most house democrats remain opposed. >> a federal court jury in salt lake city handed down a guilty verdict in the 2002 kidnapping of elizabeth smart. the verdict clears the way for a possible life in prison sentence for brian david mitchell. he was convicted of taking

smart from her home at knife point when she was 14 years old and held on to her as a captive nine months and raped her almost daily before someone recognized her. mitchell's step daughter says she's shocked the jury rejected his defense. elizabeth smart says she's thrilled by the verdict. >> not only this is an example justice can be served in america. it's possible to move on after something terrible has happened and that we can speak out and we will be heard. >> smart is now headed back to france to complete a mission for her church. >> coming up next, the return of the cohoe shall monday. >> and last ditchest yort to preserve marine life off

all of the rain is helping the salmon population. a survey shows several hundred endangered salmon have begun winter migration. the population has declined over 15 years but officials are encouraging there are more nests in local creek beds. and there is a is democrats racing to pass a wide range of bills before republicans take over the house of representatives next month. and there is is a plan to

extend the protected marine sanctuaries and why supporters say they're worth saving. >> this is a landscape so colorful it's hard to believe it's real. these pictures taken about 20 miles west of the bay area by diver was a cordell bank national marine sanctuary that is protected habitat. an underwater national park. there is one of three. jackie dragon is one of many politicians hope the congress will act fast to extend the sanctuaries farther north. >> it's been many years that we've been working on this, it's time has come. >> right now, the monterey

gulf of the farallons and cordell bank sanctuaries protect almost 8,000 square miles of ocean. this would expand up to where a critical upwelling occurs, there are only four such spots in the world. >> this produces 20% of the world's fish. it's only 1% of the ocean. >> the upwelling occurs at the edge of the shelf, nutrient rich water rises and the current carries it south. a conveyor belt of food these rich waters bring whales and krill that creates such a thriving eco system. >> and there is a never made it through the senate. now, supporters hoping it will be included in a giant public landfill that could protect a

couple million acres of wilderness. it's a long shot. >> there is so much in it for many states, one senator can just like one project for one state, and then, call the whole thing. >> if the does become a sanctuary, fishing would be permitted but carefully managed. >> pacific coast federation of fisherman supports the i'd why. >> if we don't protect the environment we're out of business wex rely on helping abundant fish stock f those don't exist, our members frankly have no livelihood. >> and drilling is banned off the coast until 2012. sanctuary status make that permanent. >> and we called american petroleum institute but there

was no comment. keep in mind if this doesn't make it through congress it's not expected to pass once republicans take control of the house. >> and lebron james is in town tonight. larry beil is on hand live. and there is a woman that lost thousands of airlinenenenenenene

>> with holiday travel in full swing, you may be planning to use your frequent flyer mile autos one woman made a shocking discovery when trying to use those free miles. >> this is like old time stamps there is when you save and then, splurge on a trip. one woman had a special miles and wanted to use them, they were gone. there is this documentary film

assuming gluten from grain is undetected cause of many health problems. the next goal to take the film around the globe. >> and i was getting ready to take a trip and thought this might be a good time to use the miles. >> she'd acome yaited the miles on delta airlines deciding to use them to travel, showing her film. however, when she went to book a flight to florida she found her 61,000 miles had disappeared. >> and i checked online. they said zero. i went wait a minute! >> and ann says she opened a delta sky miles account in 1990s during a promotion promising the miles would never expire. yet, they just did. >> and this the miles will last forever, they honored that until just recently. >> here is the account statement showing delta delete the files, ann says she called

but the only answer is that your miles are gone which she knew. so ann contacted 7 on your side. >> i'm happy i did. i got miles back. >> and weeks after, delta put miles back into the account and said miles were deleted because of a clerical error. delta says miles should never expire as long as there is an opportunity on an account at least once every two years. and extended apologies. now, ann and her film are ready to take off. >> it allows me to show my film in small places that couldn't afford to have them come otherwise. >> if you save miles, keep in mind most require you use the account every so often or the cars will expire.

and this is very important. and so check terms before you book. just buy something occasionally. >> yes. yes. >> thank you. 50 good to show. >> lebron james and miami heat under town. >> larry beil is live tonight where they'll take on warriors. >> and this is a one and only visit for lebron james and miami heat this season. you know the place is going to be packed. what we have here is a story two of teams that are heading into opposite directions. warriors off to a good start early in the season and have faded they've lost five in a row dropping 10 of 11. i guess you can say heat are on simmer, they've won six straight including a victory at utah. now oracle arena is going to be sold out tonight we're going to have 19,000 plus and all eyes, a spotlight is clearly on one lebron james.

>> this is lebron, taking his talent and turmoil with him. king james went from hero to villain and perceived as an ego maniac. the heat was on, but only in the form of pressure. now, they've found a groove. and this is starting to gel. >> for us it's, you know, everything was a big deal and picked and nitpicked. and we had it and i think we came out of it well oom people assumed the arrival means instant championships for miami but nothing will come easily. the heat are marked men. >> teams are up to place.

and they can't sneak up on us. >> with every game, lebron is getting more comfortable. >> more repetition, more games, getting an understanding of what is going to be suck seg sesful for our team to win. >> the head coach with stood criticism. >> we're aware of the standings and we put them up. we're not overwhelmed with that now. this is the important thing is staying committed to our game. >> now, let's talk warriors tonight on espn. they want to put the best foot forward. golden state wlb out seth curry. he rolled his ankle a couple nights ago. he's not going play against miami heat. warriors and fans will see the debut of the rookie and this

is because of a wrist injury. what a night to make the debut. hey, kids show guard lebron, will you describe your game. >> defensive minded guy. and there is blocked shots. just try to do what i can. >> are you looking forward to trying to guard a little bit? >> i just want to get into the game. and. >> let's talk football news, former 49ers great steve young and jerry wright teeming up. but this time, not only the football field. >> and you may come as. >> the shooting a commercial today going air around the super bowl.

and stars steve young as a professor of style. if you know steve back in the day the style may have v.been rest described as rumpled. >> jer dwree and i have done a lot of things together this, is just a continuing sagga. we hope to do this a couple years. i look for ways to do things together. so this is what we've been doing for 15 years. it's fun to be doing more things after having been retired. >> wrapping things up, monty ellis trying to make shots here. and see if we can get one here say gg buy. standing room only tonight. might be the biggest crowd ever. oh sclam -- let's hope he does better in actual game. back to you. >> and let's update the forecast. >> there is is a foggy night

tonight, sunny days, saturday, sunday, monday with mild weather. highs into upper 60s to almost 70 in locations on sunday, but next week, tuesday, wednesday, thursday, friday, a chance of showers wednesday, thursday and rain likely tuesday and friday. be ready. >> yes. >> coming up a bay area tradition. lightning fast. lightning strong.

rizon 4g lte. rule the air on the most advanced 4g network in the world.

>> join me tonight at 9:00, coming up then, you know a tornado in california foothills is rare but two of them hit the same family twice. just took 113 years for to it happen. >> south bay pot clubs doing more of this in response to yesterday's police raids. it's coming up at 9:00 and 11:00. >> and finally a number of familiar faces helped ring in the holidays today at union square.

that is don sanchez. >> this marks the 30th year heckal celebrities have done this. >> and they tell us it began in 1890s. look at don. he knows how to work it. >> he does. he's aggressive in the streets with his donation autos this is fun. >> there is this edition of abc 7 news. >> remember, you can stay connected 24-7 at at bc 7 news.com. here is the top 7 stories you'll find there right now oo. good night everyone. closed captioning services, inc.

this is "jeopardy!" today's contestants are-- a retail assistant manager from san francisco, california... a granny nanny from arlington, texas... and our returning champion-- an english professor and mom from seattle, washington... whose 1-day cash winnings total...