♪ in the news this monday morning, oakland police chief anthony bass may be ready to move on after just a year as the city's top cop. one of the two finalists are in san jose. san jose police tie a murder suicide in a coffee shop to one of the bay area's most well known missing persons cases. the victim was the main suspect in the disappearance of jeannine harms and the gunman was harms' brother. >> here's a live look at all the fog you will be stepping out to pretty soon and it is dangerously thick this morning. we'll have a big impact on our temperature. we'll tell you how wide the range in a few minutes. >> you'll find a lot of fog on

most bay area bridges on your drive to work, plus i'll have details on the holiday schedules for mass transit systems coming up. >> and america pauses today to honor the legacy of civil rights leader dr. martin luther king jr. the bay area's annual freedom train ride is now the last of its kind in the nation. good monday morning, everyone. it is 4:31 a.m.. we thank you for joining us. i'm eric thomas. kristen is off today. on this martin luther king holiday, oakland police are investigating a fatal shooting that occurred in front of a church a little after 10:00 last night, people living near saint anthony's church on 16th avenue heard gunshots. police arrived to find one person dead on the sidewalk directly in front of the church. a neighbor who was a passenger at a different oakland church is particularly disturbed by what he sees in his neighborhood. >> spiritual warfare right now in that we have children dying. we have older people dying.

and innocent people dying. you know, this type of conduct, it must stop. >> so far investigators are only saying the victim is an adult male and they're not releasing his name. they have no suspect information. oakland police chief anthony bass has now told officers he's one of two finalists for the chief's job in san jose. that's sending shock waves through the oakland community where he's widely accepted as a popular leader. he told the police officer's association yesterday that san jose's acting chief chris moore is the other leading candidate. san jose officials will only say they're close to choosing the next chief. they hope to have a final selection made by early next month. south bay detectives say a weekend murder/suicide in san jose means we may never know what happened to a los gatos woman who disappeared ten years ago. the prime suspect in the disaexperience of marie harms was shot to death by harms' brother who then killed himself.

lillian kim records. >> maurice magma has long painted his innocence that he had nothing to do with the 2001 murder of harms in los gatos. harms' brother accused nasma of killing his sister. the two ran into each other at the red robin restaurant where police say the confrontation occurred. >> we do have information that makes us believe that the suspect was accusatory towards the victim. >> sanchez left the restaurant then returned but massma was already gone. he was headed to pete's coffee nearby. >> they had a second conversation. we're not sure what the conversation was about. but the suspect retrieved a handgun and fatally shot the victim. >> bystanders called 9-1-1 and as soon as police arrived more gunshots. sanchez was in a parking lot when he shot and killed himself. members of the los gatos police department who investigated the harms murder case took the unless you hard. >> this is simply just a

terrible tragedy that, you know, because of events that took place beginning in 2001, the sanchez family have lost two children and now the massma family has lost one of theirs. >> massma was the only one charged although her body was never found. he was one of two men out drinking with her the night she disappeared. despite key carpet fibers in his car, charges against him were dropped. a technician who tested the fibers had failed proficiency tests in fiber analysis. now with his death it's unclear what will happened to the harms murder case. the case where harms disappeared comes up in july. before last night's suicide, police were trying to think of ways to bring renewed attention to the case. >> federal prosecutors say they plan to move the trial of the arizona shooting suspect to california because of extensive

pre-trial publicity in arizona. "the washington post" quotes sources as saying the child of jared loughner will be moved out of the state within several weeks. another factor is arizona's chief federal judge roll is among those killed. the new chief judge will make the final decision about any venue changing but sources tell the post it's only a matter of time. san diego will likely guilty the trial because it's one of the closest jurisdictions. arizona's federal judges recused themselves. loughner's attorney is also based out of san diego. gabrielle giffords is continuing to improve at a tucson hospital where doctors upgraded her condition from critical to serious because she's now breathing without the help of a ventilator. emily schmidt has an update. >> there are more signs of i am profit. her condition updated from

critical to serious. she's breathing on her own with a tracheotomy that would allow her to speak when she's able. >> from the patient's perspective she's much more comfortable. she can participate more in her own care and physical therapy. >> giffords is one of the shooting victims still in the hospital more than a week after the shooting. >> i looked over and there was just bang, bang, bang, bang. >> survivors are trying to come to grips what happened next. bill's wife brought a neighbor's daughter to the event. nine-year-old christina taylor green was the youngest victim. >> she's a strong woman. and she knows rationally that there's no blame to be apportioned. but the fact of the matter is she took a little neighbor's girl away that morning and was unable to bring her home. >> authorities say accused gunman jared loughner is still not talking to them about his actions. >> we have to utilize it to have a more constructive instead of

destructive political discourse in the future. >> president obama and members of congress called for more civility in washington after the shooting. that message gets put to the test when the house votes on repealing healthcare reform. emily schmidt, abc news. >> we'll get a personal insight in giffords' recovery from her husband in an exclusive interview that will air tomorrow night. kellie talked with abc's diane sawyer and the interview will air during a special edition of 20/20 that starts at 10 p.m.. a soldier from danville has lost his life in afghanistan. 47-year-old army major evan j. mulldick died last week in a non-combat-related incident. he had been in afghanistan a year and was supposed to come back home to danville in just two weeks. >> a great man, great father. you know, when he first told me about what had happened, i was just really devastated for his

kids because i knew how much they loved their dad. >> major rolldick is married with three children. before going to afghanistan, he served in iraq as a member of the national guard. the nation honors the late civil rights leader dr. martin luther king jr. today. the 27th annual freedom train is scheduled to depart san jose's caltrain station at 9:30 this morning. it will make stops along the way before arriving in san francisco for a full day of celebrations at the gardens. the freedom trains were established all over the country as a way for residents to memorialize dr. king's historic 1965 march in alabama. the san francisco examiner reports the bay area freedom train is now one of the last remaining because of the economy. there are a number of other bay area events to observe the king holiday and you can find them on our website. just go to abc7news.com. 4:38 now. spotty fog out there but where there is fog, it is thick, mike.

>> oh, yes. even thicker than yesterday. probably the most dense fog that i have driven through on my way to work, especially up on the golden gate bridge -- i'm sorry, the bay bridge and frances will have more details on that. even the trivalley air, the fog is just as thick. i'm not sure why the weather service does not have a dense fog advisory out for that area but it is dangerous there, also. north bay valley, bay shoreline, santa clara valley dense fog until 11:00 this morning. visibility definitely below a quarter of a mile. some areas like sfo, one-sixteenth of a mile. out at half moon bay about two and a half and nap's one. gives you an idea how widespread the fog is. livermore a quarter mile right there meets the dense fog advisory so it should be out. half moon bay and san jose 50 degree temperatures. you can see where the fog's going to keep say the east bay

valleys through the delta communities, napa the 50s while we'll hit 60 fremont, palo alto, san jose and santa rosa northward we'll have mid to upper 60s. near 70 in many areas, upper 60s watsonville, gilroy, hollister and salinas. it's a spare the air day. no burning of firewood today. tomorrow we'll have fog once again. once we get rid of that, temperatures warmer wednesday and thursday. >> mike, there's a fog advisory for almost all bay bridges except the golden gate bridge. the golden gate bridge problems needs a fog advisory as well. gives you an idea how thick the fog is this morning. those of you heading to work taking mass transit for martin luther king jr. day, there are some changes. bart is running on a saturday schedule. and, also, a. c. transit is running on a sunday schedule plus there's no service on the

alameda harbor day ferry, but the alameda/oakland ferry are running on a regular service day and other ferries are running on a holiday schedule. eric? >> all right, frances. thank you very much. it's 4:41 now. the america's cup yacht race could be a big bust for dozens of san francisco businesses. still ahead on the abc 7 morning news, why they may be forced to leave their waterfront locations. and former raider's coach tom cable files a grievance against his former boss. why he says

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and save up to thousands of dollars in potential... out-of-pocket expenses with an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. call this toll-free number on your screen now... for this free information kit, including this... medicare guide and customized rate quote. good morning, everyone. 4:43 on the abc 7 morning news. look at that! that looks like a boston cream pie with a christmas light underneath it. that's how bad the fog is this morning. this view is from mount tam.

is that right? excuse me, ballmer peak which looks just like mount tam at this time of morning with this amount of fog. how about that. honestly, seriously it's dense fog in spots throughout the bay area. be careful. for advisory for every bridge except the golden gate. we can't figure out why the golden gate doesn't have one. it will be up to an arbitrator to rule on a grievance filed by former head coach tom cable against the oakland raiders and team owner al davis. cable is trying to recover $120,000. the team penalized him last season. davis deducted the money from paychecks on cable's $200 million salary. espn reports it was a result of forfeiting team activities during camp last june and an unspecified dispute. cable and davis barely spoke to each other during the last half of the season. cable left the team after davis failed to extend his contract for next season. well, along with the prestige of hosting the america's cup yacht

race in 2013, san francisco may be forced to move high-profile tenants from waterfront locations. the piers in question are 30 and 32. cecilia looks at some of the businesses that may have to relocate. >> larry ellison's cup race is supposed to bring in billions when it comes to san francisco in 2013. it turns out what's good for the city by the bay isn't necessarily good for the businesses by it. from the petty cabs that cruise the embarcadero. to the soccer players in the parking lot of piers 27 and 29. to mr. toe's vintage car tours. they're all including the list of businesses along san francisco's waterfront that are about to begin a wild ride. the board of san francisco says as many as 80 businesses could be forced to move to make room for the regatta but san

francisco board of supervisor president david chew says they shouldn't worry. >> the city absolutely values these businesses. we're going to do what we need to do to assist these businesses in relocation. >> these businesses are sitting on piers where ellison's team plans to hold a public viewing area for the regatta. michael denny runs american wine distributors in pier 23. moving out of his 1400 square foot space will mean a major headache. >> i have about 65 licenses all over the country that are all posted to that address. if i move, i have to move 'em all. >> the port of san francisco has yet to decide which of the 80 businesses will get to stay and which will have to move. nonetheless, the first round of businesses could be forced to relocate by the end of this year. reporting in san francisco, cecilia vega, abc 7 news. >> it's 4:46. they've barely been in office two weeks. coming up why the white house is inviting the mayors of san francisco and oakland to dinner.

the new questions being raised about why pg&e pike spiked the pressure on its lines in san bruno. more to park in san francisco. the discount that city officials want to do away with. and the social networks snags

>> 4:49 this holiday monday. look at the temperatures the pacific northwest, pretty mild, mid-50s. 70 phoenix but i'll find you somewhere warm ner california warmer than that. 34 st. louis and chicago. northeast also we have a snowstorm moving through minneapolis heading to chicago. some sleet around st. louis could cause flight delays so use that flight tracker at abc7news.com. here's eric with more news. >> mike, thank you very much. it's 4:49 now. a new report claims that pg&e may have intentionally increased

the pressure in at least 11 of its gas pipelines including the one that exploded in san bruno last year to avoid an expensive test. according to the san francisco chronicle, a 2002 federal law requires any pipeline running under a populated area to be regulated baseded on its peak pressure over the last five years. if a pipeline's pressure ever rises above that level, it must undergo a time consuming and expensive water pressure test. some critics suspect in order to avoid this test, pg&e has been artificially spiking the pressure on its lines to their legal limits. pg&e says the spiking was safe. it may soon cost a lot more to park in san francisco. the municipal transportation agency plans to revive a long-ignored ordinance that requires garages to charge a flat hourly rate. that would eliminate early bird or monthly discounts and force drivers to pay hundreds of dollars more per month to park. enforcing that ordinance would

generate about $6 million a year more for the city. this morning the social network has some new golden friends and big buzz heading into the oscars. the hollywood foreign press golden awards were held last night. who got the new hardware this morning? >> social network. (cheers and applause) >> social network was the big winner of this year's golden globe ceremonies taking home four troveties in all, including best dramatic motion picture. kevin spacey served as one of the film's producers. >> i hope it encourages other studios, object generictives these kind of relationships. it's a lot of people in rooms talking at the end of the day can do what this movie has done. i'm very proud to be a part of it. >> colin firth was crowned best actor for his importance in the king's speech. he won at the choice movie

awards but he's not looking too far into the future. >> let me ask you a question. i basically just about able to project myself to the end of this press conference. i can't really get any further than that in my mind. >> and it was natalie portman who once again took the stage to be honored. she added a golden globe trophy for her mounting list of credits for black swan. paul giamatti won the best actor prize and annette benning for the kids are all right. >> i hope that the movie will open a few minds. i know it's opened some hearts. it certainly did mine. it was a joy to do. >> a pair of costars won in the supporting categories. the writers christian bail. >> award season is still in full swing. the academy award nominations

come out january 25th. >> 4:52. you see george nice and clear there. if he was doing that up here, no, fog blowing through. >> would be gray. >> fog horns. be like one of those movies from the '40s. >> nice. golden globe anything? let's move on! we're looking at the fog. i bet this is ballmer peak towards san francisco. >> look like the boston cream pie with the light underneath it. >> i prefer lemon meringue. once we get rid of this fog, we will definitely have a nice afternoon. just how fast can we get rid of the fog? that will depend -- that will help depend -- or help something -- (laughter) >> sounds good. >> is it monday? is it a holiday?

all right. it will have an effect on our temperatures. time to go back to bed, hit the reset button. here we go. temperatures, let's start. mid to upper 40s in most areas. oakland, half moon bay and san jose right around 50. down around the monterey bay, fog's not nearly as much a problem but some out there. 50 santa cruz, everybody else in the upper 40s to near 50 degrees. spare the air day. that's the other big story. to the south bay while you're in moderate amounts you're still under a spare the air day because we have poor air quality in the east bay valleys and santa clara valleys. that means no wood burning until at least midnight. let's take a look at these temperatures over in the south bay. we have 59 sunnyvale. everybody else in the low 60s. expect the fog to hang around 10:00, 11:00 east and north bay valleys. on the peninsula low to mid-60s along the coast. upper 50s downtown and south san francisco. and you can see where the fog is

a little more dominate. that's where the temperatures stay in the 50s in the north bay, petaluma, novato. san rafael. oakland around 60 with union city and newark. fog keeps us in the mid-50s. upper 50s, too. we would be the mid to upper 60s. that's how much potential warm is out there but the fog's going to slow the warming today. mid to upper 60s monterey bay and inland. watsonville near 70 today. you can see the fog pretty thick in the central valley. mid to upper 60s sacramento and chico. 54 tahoe but l.a. 80. palm springs 87 degrees today. accu-weather 7-day forecast, thick fog again tomorrow. i think our warmest afternoon the way it looks will be wednesday and thursday because the fog won't be as prevalent those mornings. a little cooling trend but no real rain in the forecast for

the weekend. frances, good morning. >> good morning, mike. good morning, everyone. you're going to deal with a very thick fog on your drive to work. i want to show you how it looks all along the bay area starting with 101 at san rafael. traffic is light for the holiday but it's very thick, especially across the richmond san rafael bridge. there is fog advisories in most bay area bridges. especially the bay bridge toll plaza. you'll see very thick fog here. no delays though as you make your way through san francisco. let's head to the south bay and check out the 101 and 880 interchange. thick fog here. that's northbound 101 and that's 880 right across your screen. heading to the south bay, ace transit and vta running on a regular schedule reporting no delays. but bart is running on a saturday schedule and there's also a sunday schedule for a. c. transit and some holiday schedules. you can get traffic information when you want by going to abc7news.com. it's under the bay area traffic link. eric?

>> frances, thank you very much. it's now 6:56, almost 4:57. oakland mayor jean quan and ed lee has now been invited to a steak dinner at the white house. quan and lee are the first asian american mayors in their respective cities and the most prominent chinese/american mayors in the country. their political rise has been widely reported in china. oakland and san francisco, rather, have been a major gateway to the east. 44% of all cargo brought through the port of oakland now comes from china. next on abc 7 news at 5 a.m. why accused tucson arizona shooter jared loughner may be coming to california. >> there could soon be a huge hole here at the oakland police department. i'm amy holyfield. i'll explain coming up. >> and the latest on the search for a driver involved in a

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