apartment complex where he is targeting. plus, a new skyline for santa clara. see what a bay area religious group wants to build that's upsetting neighbors. good morning, everybody. thanks for joining us. i'm brent cannon. >> and i'm laura garcia-cannon. bright and early, 4:30 this morning. maybe not so bright, certainly early. want to check in with bay area meteorologist, rob mayeda. he's got the first look at our forecast. >> we're about two hours away from being bright and early, 4:30 in the morning, awfully early, but we're waking up to 50s this morning. we've got some drizzle in a few

spots again along the coast, you'll find that waiting for you right around san francisco or along highway 1 down the coastline. look at our temperatures today. this is the same mild pattern we've been stuck in for the last week or so. but now that we're at wednesday, halfway towards the weekend, fans of warmer weather rejoice. 80s and 90s inland, getting started saturday, probably the warmest days we've seen in almost a month coming our way in time for the weekend. back to you. >> thanks a lot, rob. also checking your commute early this morning. felipe in for mike. >> here's your first look at traffic, highway 1 construction, a new project going on today for the next three weeks. highway 1 all the way out to mere woods road until 6:00 a.m. th thrk, northbound 101, same area, heldier off-ramp is closed. that's a look at traffic. the santa clara skyline could be changing soon. the city planning commission could consider plans for a

six-story minarhett tonight. they say it's a symbol of islam. construction is already under way for an addition to the center and the next step is to add the 64-foot tower. this would not be used to call muslims to prayer, but not everyone is happy about it. some people say it would make the building an architectural curiosity and muslims disagree. >> an open message to american people and american muslims that america does allow the freedom to build any religion or any ethnic group to have their architectural history. >> with any religion you have you should be able to practice whatever you want. as long as you're not hurting anyone else. >> reporter: santa clara has one of the largest muslim groups in america. contra costra county deputies believe a serial rapist struck again. the latest attack happened just

before 9:00 yesterday morning at the same apartment complex where two other attacks happened. it's in an unincorporated area on oak road, not too far from 680. investigators say the suspect entered the woman's apartment while she was asleep, threatened her, but she was able to break free and he took off. her door was locked at the time so it's not clear how he got in. these sketches of the suspect are from earlier attacks. he's described as a black man, 6'2", 200 pounds. take a look at the sketch. this is the third attack at this complex since june 30th. the sheriff's office stresses people should always lock their doors and windows and not open doors for strangers and call police if you see anyone suspicious. grab a pencil or your phone and enter this number for the walnut creek police department. 925-943-5844. the next step in crime fighting is happening in the south bay these days. deputies are -- officers are

putting criminals on notice that they are watching their every move. they're using a high-tech cop camera that serves as a second set of eyes in a patrol car. damian trujillo shows us the invention that's changing the game. >> reporter: this officer is now armed with a new weapon when cruising through the streets of los gatos. cameras reading license plates of cars within 30 feet. >> if that plate comes up or if i pass that plate, this alarm will go off and it will override anything on my computer screen. >> reporter: it's already happened several times. once officers drove by a car they had no idea was stolen, the alarm went off, so they staked out the car. >> a short time later, three individuals returned to the vehicle and it turned out one of them was on parole and all three of them were out casing the neighborhood, stealing mail. >> reporter: and perhaps ready to burglarize a home, says

sergeant kerry harris. they've had the automated license plate system for four months in los gatos. there's a virtual regional net for nabbing crooks. >> these times when budgets are stretched so tight, having technology assistance like this is really the only place that law enforcement can go to be a force multiplier. >> reporter: it will store a registry of license plates it captures and the locals don't seem too worried about potential privacy concerns. >> i think it's a great idea they have cameras. i don't mind big brother. it's just technology and the way it should go. >> it sounds wonderful to me. i think that's a good thing. yeah. >> reporter: damian trujillo, nbc bay area news. >> there are 198,000 stolen vehicles on the police registry and cities across california are reporting that this kind of device has already paid big dividends. richmond police are looking for vandals who tagged a high

school with hate graffiti. police say the messages spray painted on the grounds are disturbing. school leaders say the graffiti will be erased soon and they're not taking it lightly. >> we want all students to feel welcome, all citizens to feel like they're a part of this community and we cannot sit around and countenance this kind of activity. >> police say they have no leads. if the taggers are caught, they could face charges of felony vandalism with a hate crime enhancement. a new push is on to ban controversial alcoholic energy drinks. lawmakers say alcohol and caffeine make a dangerous combination. drinks like juice and spark have as much as 12% alcohol. a group of senators including senator dianne feinstein are concerned that the drinks are being marketed to kids. they ask the food and drug administration to decide if they're safe. the senators say a study proves they're dangerous. and parents like clarence johnson say he has seen his

14-year-old drink juice, but had no idea it had alcohol in it. >> i thought it was one of those fruit drinks they had. i never knew it was -- you, we're going to talk. >> nearly every parent we talked to said that the labeling did fool them. lawmakers say if the fda finds that adding alcohol to caffeine is not safe, then the drinks should be banned. before you back that salad for lunch, check the bag. a major salad maker is pulling its products off the shelves because of potential health risks. salinas-based fresh express is voluntarily recalling at least 3,000 cases of ready-to-eat salads. the veggie lover's salad is the subject of concern because of a bacteria that could make people sick. pregnant women and adults with compromised immune systems are most at risk. you can check the product code at tupper right-hand corner of the bag. if it reads i208 and has a use-by date of august 10th, just throw it out. so far, no reports of illnesses,

want to keep it that way, but fresh express says the recall is precautionary. a frustrated flight attendant has become an internet sensation, a hero to other flight attendants, and a freedom fighter for the little guy. former jetblue flight attendant steven slater posted bond and ran off, kind of like he did on monday. slater says he lost his cool after he was hit in the head by a passenger's luggage and the passenger then lashed out at him. that's when he took over the p.a. system and cursed the passenger, then grabbed a few beers, his suitcase and grabbed the emergency chute and slid down and left. slater seems to have no regrets. >> it seems like it's resonated with a few people. >> slater does face charges of criminal mischief, trespassing, and reckless endangerment. if convicted, he could face seven years in prison. >> it's interesting, his actions. it's 4:38.

i'm trying to move this day along already. let's see how things are moving out there. >> good morning, laura. let's talk about some road closures. bell and boulevard, east 580, on and off-ramp is closed this morning. if you're heading in that way, give yourself some extra time. take a look outside to a rare shot we have provided by our photojournalist, rob. he's out there. northbound 880 where your headlights are headed. things are looking good, but he did say there were some reports of some low fog out there. rob mayeda will give us a little bit closer look at that. >> exactly. we'll check in with him right now. >> yeah. a little too much fog around the bay area over the last few days. it's really kept our temperatures down over the afternoons. we've been seeing highs mostly in the 70s. right now, 57, san jose. you can see twind picking up, southeast at 10. oakland, 57 degrees and looks like three of a kind this morning. 57 in san francisco. southwest wind at 7 and some misty skies right there at the midspan of the golden gate bridge. the forecast today, kind of like we had yesterday.

clouds everywhere for the morning, peeling back to the coast for the afternoon. but it's the weekend where it's actually going to live up to summerlike expectations. we'll see some 80s and 90s coming in for the weekend, but for now, you can kind of see the trough there across the upper half of the west coast. that's the reason why today, hour by hour, temperatures, even with the sunshine, not warming up a whole lot. mostly 70s inland. 60s around san francisco and the coast, but the weekend does look more like august. we'll get int the mid-80s around san jose, low 90s inland. all of this getting started by saturday. back over to you. >> we'll see how it goes. thanks, rob. the new hands-free crack down across the bay area. just ahead, we'll catch up with some of the unlucky drivers caught in the act. >> and a popular bay area bank may owe you money. see if you're on the list, coming up. pizza, beer, spicy foods, they can all trigger heartburn. but that burn you feel may not in what you ith co coming up, when heartburn isn't heartburn and instead could be a deadly disease. mi

if you want to think twice about talking on your cell phone while driving, the chp launched a crackdown yesterday on drivers who ignore california's hands-free law. nbc bay area's joe rosato jr. tells us what police were looking for and how drivers reacted when they were stopped. >> driving a motor vehicle is a challenge itself. >> reporter: chp sergeant trent cross has a keen eye for the rules of the road. >> when you're holding a phone up to your ear like this, you're creating a blind spot for yourself. >> reporter: especially when it

comes to spotting drivers talking on your cell phone. >> they may be weaving in and out. >> reporter: california's 2008 hands-free law made it illegal for drivers to operate a cell phone while moving, other than to dial. >> you've got to either have a blue tooth or some type of ear bug, but you have to be hands-free. you cannot hold a phone, put it on speaker phone and drive. >> reporter: today the chp launched a one-day crack down to drive that point home. >> you're going to go straight through the intersection and pull into the gas station. the reason i stopped you was for driving and talking on your cell phone. any illegal reason why you were doing that? >> reporter: don frizzy was among the drivers caught chatting away. >> i was wrong. i heard them on the news saying they were going to crack down on people talking on their phone and that's me. >> reporter: people are constantly in a rush and they believe that, hey, i can save some time by maybe returning some phone calls. >> reporter: cross says drivers will sometimes claim they're

using a phone's gps or mapping device. he says it's up to the discretion of the officer to issue a ticket which runs $20 for a first offense. >> you had it up to your ear. >> reporter: sue lucas says she merely glanced at her phone. >> i need glasses to see, so i look very closely at my phone to see the number. that's it. >> reporter: cross says there have been 16 traffic deaths blamed on cell phone use went into effect. he says that and a ticket are a good enough as any to hang up and drive. >> kind of funny to hear what they say. the state legislature is considering a bill that for the first time would make it an infraction and count as a point on your driver's license. another crackdown is set for next wednesday. consider yourself warned. >> it is such a tough habit for a lot of folks to break. time, 4:45. relief from millions of wells fargo customers hit with overdraft fees is on the way. a federal judge ordered the bank to pay more than $200 million to

compensate customers. it all stems from a bank practice, where checks from the highest amount are posted first. the judge ruled that that process was designed to generate more fees from overdraft charges. wells fargo says it put the larger checks first, because they are usually for important payments, like a mortgage or a car payment. the bank plans to appeal the new ruling. a report on the trade deficit is about 45 minutes away and that number could send the markets spiraling. courtney reagan live at cnbc's headquarters this morning with a market preview for us. good morning, courtney. >> good morning. unfortunately, futures are already lower as investors continue to digest the fed's move. the fed will use money maturing bonds and mortgages in its $2 trillion portfolio to buy government bonds. alpses say fed buying could push bond yields down even further, which in turn would lower rates

on longer term mortgages. stocks trimmed losses yesterday after the fed's announcement, although asia closed lower today and europe is in the red. we're waiting on that trade deficit numbers as well as earnings from macy's. the dow lost 54 points on tuesday to 10,644, the nasdaq was off 28 to 2277. well, nearly five months into its investigation, the government says no new causes have been found on cases of sudden acceleration in toyota vehicles beyond what toyota first reported. sticking gas pedals and floor mats. the department of transportation said that if more than half the cases, vehicles may be at fault. data from the black boxes said drivers weren't stepping on the brake at the time of the crash. for time, the electronic defects are not behind the incidents, toyota says. >> thanks a lot, courtney. with school starting soon, you're likely in the middle of back-to-school shopping.

it can be a lot easier and a lot less expensive. nbc bay area's business and tech reporter scott budman shows you how bay area technology can help. >> reporter: back-to-school can be a heavy load for your kids and your wallet. but you're just a smartphone app away from saving money. this app from ebay tap.com uses a photo laser to scan the book you're thinking of buying, then find cheaper options that you can buy and have shipped to you. it's that easy. >> just like when you're in a store and they do that bar code scan to actually check out in the checkout line, it's that same bar code scan that's happening here with the camera on the iphone. >> reporter: for smaller kids, there are apps to help them learn to read. for bigger kids, this graphic calculator is a $1.99 download. they typically cost $100 in the store. we found a map app and there's a gap app to help you save money on all the new clothes you need.

>> this is a great option as a parent. in this economy. it's a great option for your student going off to school and as a parent, anyone who's interested in any media, cook books, everything can be found through this app. >> reporter: wherever you live, and pretty much whatever you need, you're one touch away from saving money. in san jose, scott budman, nbc bay area news. >> now, if apps are not your thing, there are plenty of inexpensive back-to-school opportunities all around the bay area. if you're a teacher needing some supplies, you can check out iloveschools.com. they can match you with donors who want to make a difference in your area. and if you're a student, office depot is offering classroom essentials for under $1. they include binders, pens, pencils, folders and a lot more. u2 frontman bono was back on stage in germany last night. the lead singer quickly showed 55,000 fans that he's recovered from the back problem that caused him to take a break from touring four months.

the irish rocker played familiar hits like "new year's day," "beautiful day," as well as some other songs. this is bono's second concert since he was sidelined by a slippslip ed disk in april. we want to check in with rob, because we are seeing a slight warming trend. >> a beautiful day, perhaps. >> yes, very good, laura. it would be a nice day to be around the bay area today. as we get toward the weekend, it's going to feel a bit more like summer. we've got some low clouds, southeast winds at 10 into oakland. kind of breezy this morning. a west wind at 13, 57 degrees. and 57, a popular number this morning. also in san francisco, southwest wind at 7 with some low clouds and some misty skies again around the bay area. and here's a clear sign the ocean air-conditioning cranked up to 11 perhaps this morning. you can see southwest winds at 25 into solano county. that is the cool marine air

spilling inland with low clouds all the way out to the altamont pass this morning. which is great news for your air quality. you're not going to find better air quality this time of year thanks to the sea breeze. the satellite view is pretty interesting. this looks more like october. we've got a weather system that is crossing over the sierra. i know the radar makes you think that it's raining up there, but the air at ground level is pretty dry. this system is reinforcing this trough and you can kind of see the upper level winds here. this dip in the jet stream, this is the reason why we haven't been able to warm up. that trough has been hanging occupien the west coast for most of the months so far. it will hang on today, probably into tomorrow, and high pressure building back towards central california for the weekend means 90s inland out toward the tri-valley. mid-80s for san jose and likely low 90s around morgan hill. all this getting started just in time for the start of the weekend. the sierra, i'll show you the changes we'll see in the bay area. the cool temperatures, breezy conditions. and as we approach friday, even the sierra starts to warm up. around the bay area, mostly 60s

and 70s inland. 76, san jose. 80-degree temperatures may be pushing it around los gatos. we'll see if we get there today, but i think low 60s for sure around san francisco. mid-60s for oakland inland. mostly upper 70s out towards contra costra county. low 70s from nevada to san rafael. notice your seven-day forecast taking abuse the weekend, 80s in san jose. low 90s inland. finally. it seems like it's been about three weeks since we've been able to put some 90s back in the forecast arriving for the weekend. >> pretty school summer out there. thanks. time to check in with felipe once again. he's got an eye on our morning commute. >> we're excited about warmer weather. here's a new construction project going on today through the next through weeks. there's construction. they're repairing some potholes out there. there might be slowing until 6:00 a.m. this morning. to the south bay, southbound 101, there's some construction, lanes closed as well between 880 and bernard road.

same with northbound 101 between silicon boulevard and okay road. 580 at bell hamm going eastbound, both on and off-ramp are closing in those directions. give yourself some time if you're making your way through there. out to oakland, the nimitz freeway, headlights reported. our photographer is out there, a little bit of fog for now, but not doing anything to the traffic. heading further northbound to the bay bridge, heading across, it looks smooth. things going across there, a really easy commute for now as folks are still waking up and heading out to the roads. heartburn is very common, but it can also be the most common symptom of esophageal cancer. 16,000 people are diagnosed with that every year and in nearly all cases, that cancer is fatal. nbc bay areas's kris sanchez tells us about some of the keys to survival.

>> reporter: pizza, beer, spicy foods, thomas loves it all, but his stomach didn't agree. >> it was really bad, and every meal, i had heartburn. >> reporter: acid reflux is a symptom that affects 60 million americans, and like most people, thomas treated it with rolaids and other over-the-counter medicine. what he didn't realize is that he was just masking the progression of a deadly disease, esophageal cancer, which 90% of the time is linked to a condition caused by acid reflux. >> we're going to see another resurgence of the epidemic, because patients will be treating themselves without really being attended by physicians. >> reporter: dr. george t. says the key to stopping the esophageal cancer epidemic is to catch it early while it is still in the pre-cancerous stage. dr. t. found thomas' condition early, a diagnosis that ultimately saved his life. >> there are very, very few people who can actually survive esophageal cancer, and those are

the ones that were diagnosed very early. >> reporter: getting rid of the pre-cancerous cells is fairly easily. this wand is inserted endoskopically through the mouth, a small balloon is inflated and radio frequency waves are used to burn off those damaged cells. >> i had many patients who had earlier esophageal cancer or pre-cancerous stage where i treated them with this the device and they're now cured. >> reporter: dr. t. hopes to create awareness about the importance of catching the cancer early. a congresswoman from the east bay was recently diagnosed with esophageal cancer and tom lantos died from the disease about two years ago. dr. t. hopes these cases will require lawmakers to require mandatory screening. >> we should be screening patients with acid reflux, and that's how we're going to pick up the early cases and intervene early before the cancer has

performed. >> reporter: thomas is relieved the cancerous cells are gone and now he can go back to enjoying the little things. >> i love pizza and beer. >> if you do suffer from chronic heartburn, experts say you should get it checked out. drugs like prilosec, rolaids, and tums may me e u feel better, but they don't treat the disease.

three attacks in the same east bay apartment complex. we'll show you what police think the attacker looks like so you can protect your loved ones. police release the teenager arrested for the death of a german tourist. we'll find out why. good morning to you. thanks so much for joining us. i'm laura garcia-cannon. >> and i'm brent cannon. coming up on 5:00 right now, we want to check in with rob. take a look at what you can expect as you head out the door this morning. slowly getting a little warmer. >> yeah, it's starting to get there. in fact, we'll finally see some 80s and 90s coming back to the forecast for the weekend. this morning, though, you've got low clouds and a southeast wind coming into san jose. 50s to get your day started with some misty skies again around the peninsula and the coast. for today, we're going to see temperatures having a tough time getting close to 80 around livermore. 76 for san jose. 61, san francisco, but the weekend brings some 90s back to the bay