a father breaks his silence. johannes mehserle's father says he is still fighting for justice. see his emotional story told for the very first time. a major decision that will impact commuters in the east bay. what will happen to ac transit service? good tuesday morning, i'm laura garcia-cannon. >> i'm brent cannon. >> it's 4:30, tuesday, august 3rd. we want to start with a check of the forecast. a bit of everything. it depends on what you want, you can pretty much find.

>> mostly foggy, but as we head through the afternoon, we will get to the averages. 50s to get you started. morgan hill and pleasanton, upper 80s to close to 90 for a change out by fairfield and livermore. 81 san jose. the rest of the week, the sea breeze picks up, it's a summer cool-down for the rest of the work week. mild still inland as we move into the weekend. >> we want to say good tuesday morning to mike. >> good morning. i will take you out to antioch. an earlier accident, single overturned vehicle there. no major injuries, but two people in the car. sounds like they got out from the scene. that car should be off of the roadway in the next few minutes. that's westbound highway 4. that area not showing slowing now it will be probably another half hour until the volume increases out of that area. livermore, no problems westbound, that construction also picked up. the construction i did mark is eastbound around hacienda.

no major slowing. we begin with an nbc bay area exclusive. for the first time the father of the former b.a.r.t. officer convicted of involuntary manslaughter in the shooting death of oscar grant is speaking publicly about his son. todd mehserle told us he believes his son was wrongly convicted. as vicky nguyen reports, they are doing everything they can to free their son is. >> reporter: todd mehserle hugs supporters who stood out city hall this evening holding signs to show they have not forgotten the former b.a.r.t. officer who has been in custody since his conviction for involuntary manslaughter. >> the facts speak for themselves. that's why we say he is wrongly convicted. >> reporter: mehserle's family is asking for donations and letters of support. they also posted personal photos

of him as a young basketball player a family man and a graduate of the police academy. >> i try to be a law-abiding citizen, my son certainly was one of them. graduated at the top of his class. proud of what he did. looking forward to the rest of his life, having a happy one. just gone awry. >> reporter: rallies will be held all over the bay area to support mehserle. she says the counter protests at the first event in walnut creek ended peacefully when both sides were able to talk about the case. >> there was a lot of shouting, a lot of arguing. what you would see is people would sit and share their points loudly but in the end shake hands. so, what i saw was new dialogue taking place. >> reporter: already the guest book on mehserle's site has a dozen of comments, including one from a b.a.r.t.gov e-mail address that reads in part there are a lot more people who

believe in you than don't. stay strong for your son. mehserle's case is under appeal. his family is adamant that the fatal shooting of oscar grant was an accident. >> you couldn't find a kinder, sweeter man than johannes mehserle. >> reporter: vicky nguyen, nbc bay area news. on the website, the family says b.a.r.t. should be held responsible. they say the department did not offer proper training and that mehserle should have been required to carry his taser on the opposite side from his gun. the lead singer from a popular metal band is dead after being thrown from his tour van. 28-year-old makh daniels was the lead singer for the group rlly graves which just released its second album. he lived in pacifica. the band was traveling with another band whose guitarist was driving at the time. they played in oregon and were heading to a performance in reno when the driver apparently fell asleep and the van rolled. investigators say that daniels was ejected from a rear cargo

area where he had been laying down. east bay xwhuters should see smoother sailing this morning. we expect ac transit drivers to end their unofficial sickout that's because a judge said the contract enforced by the company is invalid. after three months of failed negotiations, ac transit imposed the contract which increased health insurance costs for workers and established new work policies. the move bridged a $56 million deficit. a bus driver insisted the judge saw unfairness in the contract. >> at some point is, you have to care about your employees, especially if you want them to deliver a good job for you. and that's what this was. >> reporter: the ac board of transit directors said an appeal will be made later this month. with toyota facing hundreds of lawsuits over mechanical problems, new information

reveals the company knew of at least six sudden acceleration incidents as early as 2003. that information is included in thousand of court documents filed in orange county. most of the lawsuits were filed after toyota began recalling millions of vehicles because of the acceleration problems. later allegations of brake problems dogged the prius. one new filing seeks class action status for car owners who claim the value of their car has dropped. toyota says it looks forward to defending itself against the allegations. as of this morning there are 91 days until election day. the price tag to win the mansion will be more than $100 million. meg whitman's total is now more than $99.7 million. by contrast, democrat jerry brown who was unopposed in the june primary already spent 633,000. brown says he has more than $23 million in the bank. whitman has more than $10 million on hand. she said she will give her

campaign whatever it needs. $91 million of her campaign money has already come from her own wallet. we will know by the end of the week if ron dellums will run for a second term. six other candidates include councilwoman rebecca kaplan and don perotta. supporters say dellums focus since taking office has been increasing the number of police officers to its highest level. pop potential has plenty of people eyeing oakland, evenslip i celebrities said they would like to try their hand at pot growing. >> my girls at 15 could get cit. >> reporter: jeff wilcox believes it's time to tax and regulate marijuana. in fact he wants to grow it in this office space he owns in

oakland. >> you will not see huge football fields. you will see small contained rooms of 2,000, 5,000 feet at the most with different varieties. the regulation is critical in this industry. >> reporter: oakland city leaders listened to his ideas, checked into potential revenue and recently passed a cultivation ordinance. opening the door for marijuana farming in oakland. so far 226 people are in line for a permit. council member rebecca kaplan says medical marijuana patient and talk show host montel williams is interested in setting up shop in oakland. four permits will be on the table. each coast $211,000. >> average employment of 376 jobs. at an average rate of $52,000 per employee. >> reporter: operators of harbor side health center are concerned big operations will squeeze out

hundreds of small patient growers. but wilcox says there may be room for everyone. >> small growers can come in and rent space. hypothetically you could have, you know, an office complex with mid-sized office buildings growing marijuana, yes. >> reporter: oakland is expected to begin accepting applications for the permits in september. the marijuana grow could be a reality as soon as january. the list of those people wanting the permits, it's expected to grow. the federal government is paying close attention to the developments. oakland city leaders says the dea asked for a copy of the cultivation ordinance. we want to check your morning commute with mike. >> good morning brent and laura. taking you to the south bay where we often talk about construction on 101. i'll show you the maps. speed sensors not an issue as far as the morning commute because the volume is light. i marked the northern and southern borders for where the

construction has been improved. the focus behind that sensor there, behind that icon shows you where the slowing is. just approaching 880 in the northbound direction. three lanes are blocked there. a lot of equipment around. that should be cleared in the next hour. >> following the forecast, we want to check in with rob. >> the forecast today looks a lot like the last few days. 59 degrees in san jose. 57 in oakland. southwest wind at 7. golden gate bridge, you will find fog accompanying your drive across the bridge. 56 degrees, the sea breeze pumping in the low clouds. enough of a breeze out there to give us good air quality. nothing in the way of thundershowers. good news if you're heading up to the high company today. for one day, inland temperatures actually getting close to 90 in a couple areas. this will be for places like livermore, fairfield, pleasanton, morgan hill.

81 san jose. 63 san francisco. just as soon as things warm up for a day, we cool down tomorrow. we will turn below average with those temperatures inland. thursday and friday, mid 70s inland, just slight warming heading into the weekend. back to you. >> all right. time is 4:41. another bump in the road for bp. we'll see what's behind the latest delay to seal off the ruptured well and a test is planned for today. >> and the campaign blitz in florida how they're trying to keep tourists coming to miami beaches. sinus sufferers have a new alternative to surgery. we will areay rodure y area doctors are using and what patients say about it.

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good tuesday morning to you. taking a live look outside. sunol grade this morning. take a look at the temperatures. a bit of warming, a touch of summer, danville, expected high of 85. livermore, the warmest at 89. more frustration and another delay in the gulf of mexico. the so-called static kill has been postponed due to mechanical problems. crews hope to fix it today so they can get back to sealing the leak, which erupted 106 days ago government scientists say the leak is much larger than previous estimates. they say 62,000 barrels a day have leaked, eventually slowing to 53,000 when the cap was put into place about two weeks ago.

the total is nearly 5 million barrels into the gulf, which is, by far, the largest accidental release of oil into an ocean. the top federal official on the bp oil spill says there is little chance that any of the oil would reach south florida, but as hank tester reports, while florida may be safe from the oil now, other damage may already have been done. >> reporte in monterey county, there is a $5,000 reward for information on 18 missing horses. an animal cruelty investigation was under way on friday. one horse was taken because it was so malnourished. that horse is pictured here and is reportedly doing much better. when officers returned for the rest of the horses saturday morning, they had all been moved. the reward brought a few clues and leads. investigators say they have a few good ideas on where the missing horses are now. turning to news for your bottom line, courtney reagan is

live at cnbc's headquarters with a market preview for us. good morning. >> reporter: good morning to you. futures are lower now, but that's after yesterday's pretty strong rally that was spurred by better than expected manufacturing data points in the morning and the weaker u.s. dollar which ultimately pushed oil prices to a three-month high which boosted energy stocks. asian markets were mostly higher overnight. we will get data ahead on personal income and spending pending home sales later in the morning and factory orders, and earnings from procter & gamble and pfizer today. the dow jumped 208 points monday. trading will start at 10,684. the nasdaq up to 2295. fannie mae is launching a new website today urging troubled homeowners to get help. the site is knowyouroptions.com. it explores refinancing, loan modification or a short sale. it also has information on

housing counselors. it is part of efforts by fannie to limit losses on the 3 tnt $3 trilli$3.2 trillion in mortgages it owns. i was telling you earlier about the top federal official in the bp oil spill saying there was little chance of that oil reaching south florida. let's turn to hank tester from our nbc station in miami, with why florida may be already seeing damage done. >> reporter: a german language pitch for miami and the beaches. germany, a critical market for miami. the spot is on the air now. >> the global perception of oil in florida will linger. >> reporter: the only oil on miami beaches, sun tan oil. but that doesn't mean that the oil crisis is over with for the tourism industry.

that's why the commercial is in german. the exact same one in english for the uk. the international market a cash cow for south florida. >> at a two-day trade show he had 150 people come up to him and express concern about the keys, and how the florida keys were faring with all the oil in there. >> reporter: the keys also, no oil, yet lack because of knowledge of the geography, these images from the gulf coast and panhandle burn into the collective perception. tourism professionals have to turn that around. listen to the subtle message. >> miami on florida's atlantic coast. it's different here. >> reporter: so the oil blowout might be halted. noaa officials and those in charge say no oil is likely in south florida ever, but the public relations battle is just warming up. >> they will know this is

different. there was never a drop of oil that reached these beaches. >> reporter: tourism industries will be hitting up bp for more cash to fund their campaign to protect the winter tourism season. hank tester, nbc miami beach. there's a new painless solution to a problem that plagues 31 million americans. scott budman shows us a new procedure to fix sinus pain without the sting. >> reporter: as catcher for his youth baseball league, 12-year-old nathan maji takes a lot of hits. it's not just the glove, pads and mask protecting the young athlete, it's also this -- a little balloon that helps nathan breathe. >> they call me darth vader, because i'm like -- they always thought i had something wrong with me. >> reporter: nathan suffered from sinusitis, and blocked

nasal passages. sinus surgery would fix the problem but it's invasive and can be painful, especially in children. so nathan's doctor suggested a new procedure, a small wire inserted into the nose and a balloon inflated, opening up the nasal passages. >> easier in children and younger patients with smaller noses, faster recovery and less complication. >> reporter: the surgery takes less than an hour. recovery is quick and relatively painless. >> i was ready to get up and play baseball after. >> reporter: nathan is now able to run longer and play harder without getting winded. >> he came outgoing this is what it's like to breathe. >> reporter: for nathan, that's a home run. scott budman, nbc bay area news. >> doctors say that procedure has little or no side effects. the best candidates are people with chronic sinus problems but they don't seem to respond to

prescription drugs. the 49ers are the in the midst of a gruel two-day practice, the former 49ers are getting ready for a trip to the hall of fame. a huge contingency is heading to canton, ohio in a few days for jerry rice who will be inducted on saturday. he was on foot sunday before leaving town yesterday. he said his speech is written and the guest list is complete. nbc bay area will be with jerry this weekend in ohio. >> giants play later on this evening against the rockies. they have won 20 of the last 25 games, nothing can seem to distract them, not even a bachelorette who popped up in the dugout over the weekend. there's a picture of her there. she got to stay for an inning, apparently, after that left. there you go. >> who was she? where did she come from? who was she marrying? >> what was the deal? >> where is she registered? >> what will she wear? what will the weather be like.

>> i don't know. >> will it rain on her wedding? i don't know. >> you can guarantee fog now. she might be good luck. they swept the dodgers. 59 degrees in san jose. overcast skies, nothing really that unusual from the weather we have seen, waking up to morning clouds. same story in oakland. golden gate bridge commute, the towers are up there this morning, you just don't see them as you head out. mist around san francisco as well. 56 degrees, southwest wind at 3 miles per hour. the winds continue to blow from the bay into fairfield this morning as long as those winds are pointing out of the southwest or coming in through the delta heading over to sacramento, you know we have a good sea breeze and a marine layer deep enough to cool down the inland spots today. air quality is stellar for this time of year. still waiting for our first spare the air day. if you have been complaining about the summer heat, at least the air quality continues to be great for your outdoor plans. heading up to the sierra, that

should be thunderstorm free today. some moisture trying to come in south of yosemite, for now things are looking dry around the high country. at least for one day we will see things warming up as high pressure for the next 24 hours strengthens over the bay area, even with the trough off shore. today we will get close to 90 around places like concord, livermore, morgan hill as well. wednesday, thursday, friday, the sea breeze is back. it turns stronger. marine layer deepens up. it's been the story of the summer so far, that strong sea breeze cooling off temperatures here as we wrap up the work week. around the bay area today, finally looking like summer. temperatures in the low to mid 80s around san jose. close to 90 south of los gatos. sea breeze going, temperatures in the 60s. around the east bay, highs approaching 90, around fairfield, vacaville. north bay 70s and 80s. as quickly as thingsarm up, we cool off. it will be chilly by august

standards inland, especially thursday and friday. some warning heading into the weekend. back to you. >> a taste of everything. thank you. >> a little everything on your commute this morning, including a broken water main. >> exactly. good morning. we will take to you petaluma there was an overnight water main break. it is an active scene. local police department handling traffic control. petaluma boulevard is closed between washington and western. because of this, if you're going southbound through the area, the southbound petaluma boulevard alternate because of the water main break is water avenue. no word on when it will reopen. this is not effecting 101 but might effect folks traveling around the area because of the businesses and restaurants there as well. further south, a nice drive through novato, petaluma, san rafael. eight-minute drive over the san rafael bridge. fog that rob was talking about

is impeding the lights. so we can't have good visibility through marin. the bridge is clear here so is the bay bridge. back to you. crayola is drawing attention over their new lines of crayons. it's about green, not the color but being green. stacy stouffer from new york explains. >> reporter: they make every color under the sun. but these days the favorite color at the crayola factory is green. >> it is very exciting for us that we took this change and did it for the right reasons, to help the environment. >> reporter: kra yoel lashgs the king of kids arts supplies is using the power of the sun to make kra yonscrayons, 1 billion. it's doing it with a new solar farm it built in a cornfield. >> 26,000 solar panels. as the sun strikes those panels

on a day like today, we're producing electricity. >> reporter: electricity that flows into the factory and runs the machinery. it's an idea that executive vice president peter regeria says will have a huge impact on their biggest customer -- kids. >> we believe if they grow up into a world that's polluted, it's not the right thing. >> reporter: by using the sun, the company is reducing greenhouse gas emissions by 1,900 tons per year, that's equal to planting 400 acres of pine forest. >> we believe moms will pick up more crayola products this year because of that. >> reporter: crayola is also replacing its white barrel markers with new black ones, made from recycled bottle caps, keeping hundreds of tons of plastic out of landfills. it is costing more to be green, but crayola says it is not passing that on to consumers. >> our consumers today are

leaders tomorrow. we want to make sure they have the healthiest environment possible. just ahead, do you think in and out is the best? we have competition from the east coast apparently. one of their favorites out there is on the top of the list for president obama. we will show yrehere and tell you about that coming up.

a warn being your credit cards this morning. we will help you avoid the ways banks are trying to getro