got pulled. and a major warmup on the way. our state has a huge deficit. meg whitman's plan will make it billions worse by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us.

up next, bypassing the passport. how thieves are getting hold of your personal information, what you can do to protect yourself. >> making the grade. a bay area school is taking center stage in a new report. and a popular bay area trail with an attack. who may be behind it all. good evening. >> take a good look at this photograph. police say the man in this sketch tried to rape a jogger on a popular trail. the woman out running in san jose when she found herself face to face with a would-be rapist. police have put a face on that man. nbc's vicky winn is live with more. what a frightening experience. >> reporter: she suffered scrapes and bruises but managed to fight off her attacker and get away. investigators are hoping someone

recognizes the man in that sketch. they believe he may be the same person who raped another jogger last year. take a good look. this is the sketch of the suspect in sunday morning's attempted rape. flyers posted warn people to be aware of their surroundings after a jogger was attacked on the trail near snell avenue and colleen drive. she fought him off. this woman says the neighborhood is quiet and safe. but since attack, she's seen fewer people on the trails. >> normally, i sigh other ladies up on the trails. this week, i haven't seen woman woman up on the trails this week. >> reporter: the suspect pushed the woman into this steep aqueduct and tried to sexually assault her. >> a lot of people use this as a walking trail. >> reporter: this man says he'll tell his wife and two daughters to be more careful. >> surprising? >> yeah, kind of a gentle

neighborhood, so i'm a little surprised. but a lot of crazies running around. >> reporter: women should carry a whistle or pepper spray. don't carry a weapon. that could make a bad situation worse. carolyn has made some changes. no more ipod when she jogs and takes different routes now. >> i don't want somebody like that to be afraid and ruin my way of life every day. >> reporter: investigators believe it could be the same man that raped a woman jogging along orchard trail. >> you just can't be too careful. thank you. san jose city college under a safety alert after a student there was assaulted. that attack happened just before 4:00 tuesday afternoon. the victim was on the second floor of the school's parking garage when a man suddenly grabbed her, swung her into a wall and pressed his body

against hers. that woman was able to escape to her car. she described the suspect as tall, white, or possibly hispanic male in his mid 40s. about 200 pounds, with wrinkled cheeks. major heat is coming back. we could be on track to break records. why the hot weather may not be the only concern for the bay area. >> that's right, lisa. we're talking about a big time warmup. tarting to see signs of inland. in san francisco, 68 degrees. wind direction off the ocean west at 13. this pattern will get under way tomorrow. warm, drying air aloft. settling into the area. and lots of 90s. we'll have to watch those winds in the hills. if they get too gusty. could see red-flag warnings. we are expecting winds to stay down just enough to prevent that. look at temperatures on the coast. 70s and 80s as we get into the

weekend. wakeup weather forecast looks comfortable tomorrow morning. 90s popping up and we'll let you know how long the 90s will be in the seven-day forecast. jessica. >> thank you, rob. the big five on the verge of a budget deal tonight. state leaders could be close to resolving california's ongoing financial fee as come the so-called big five spent the second day in santa monica trying to reach a deal in the $19 million deficit. the governor spokesperson says they will continue to work through detailsory the week sxend hope to have a deal by monday. >> a good sign for state workers who don't want furloughs. good sign for college students that don't have loans to pay for the books right now. far from the final agreement. >> good sign considering the state has been without a budget for 85 days. that is the longest delay in state history. when i was trying to communicate is that the centrally havy, fresno, has been

hard hit. as hard hit as places like detroit. >> meg whitman under attack for assaulting fresno. she called into a radio station and drew comparisons between that city and the motor city. saying both were hard hit by the tough economy. turns out neither city liked the comparison. the mayor of detroit blasted whitman. fresno has an unemployment rate of 14.5%, two points higher than the state average. whitman has a fund-raiser tomorrow night. guess where? you're right. fresno. uc berkeley laying off hundreds of workers to cope with the state budget crisis. they plan to cut 200 more. that will be added to the 600 positions already cut last year after they forced the school to reduce expenses by 140 million. those cuts are expected to happen after january, uc

berkeley some $20 million. tomorrow, a federal judge in san jose will decide whether all executions in california can resume. executions were stopped back in 2006 because an inmate claimed the pros was cruel. and if tomorrow's ruling is in favor of the process, convicted murderer albert greenwood brown would be first in line. he abducted, raped, and killed a 15-year-old girl. he is scheduled to die on wednesday at 12:01 a.m. he would be the first to be executed in california for almost five years. an emotional day for a san francisco police officer killed in the line of duty. steven patrelli was found guilty with special circumstances. officer burcco stopped his car in the middle of the road, hoping stop patrelli, instead,

patrelli slammed a stolen van right into the cruiser, killing burco. today, he was told he was forgiven. >> mr. patrelli, we forgive you. we make mistakes, and your family -- >> not as empathetic? the jury. he could be sentenced to life in prison without the possibility of parole. scheduled to be back in court in october. tomorrow, a memorial for a family killed during the san bruno explosion. five others were also killed. the memorial will start at 4:00 p.m. tomorrow at the first presbyterian church of burlingame. crews sprayed homes with water to prevent potentially dangerous materials from entering the air.

it's difficult. i mean, it's two weeks after the event. and now we are going in and removing their homes from them, but for the most part, they've been positive and thankful. basically, they have enough to worry about right now. >> the cleanup is expected to last at least one month. so was she targeted? a san diego woman recovering from severe burns tonight after her car exploded just outside the daycare she runs. neighbors say the woman was on her way to the hospital for some sort of medical treatment when she got in her car, turns on the ignition and boom. police scoured the area tonight looking for any clues. the woman did suffer serious burns. she was taken to ucsc burn center. what caused that explosion. still not clear. >> my husband, he just -- you know, sometimes his initials and maybe our child's name. >> banking and buying, book, all

online and protected by your personal password, right? wrong. online criminals don't need your password to steal your identity. why your password may not be protecting you at all. i wanted him to know who he really went to high school with. >> making the grade. a new movie exposes education in america and its flaws, and a bay area school is right in the middle of it. plus, the government takes unprecedented action against a popular diabetes drug. and right now, we're seeing 50s and 60s around the bay area, but starting tomorrow, soar into the 90s. you'll bee the 0sseg wee see the 90s in the forecast. we look at that, when we come right back. [ male announcer ] barbara boxer.

she fought to get our veterans the first full combat care center in california. her after school law is keeping a million kids off the street and out of gangs. and she's fighting every day to create new jobs. i'm working to make california the leader in clean energy. to jump-start our small businesses with tax credits and loans to create thousands more california jobs. i'm barbara boxer, and i approve this message... because i want to see the words made in america again.

a controversial new documentary that puts america's public schools to the test is stirring emotions tonight. "waiting for superman" opens tomorrow. woodward high school makes it to the big screen, but not exactly at the head of the class.

we're live tonight, and people are talking. >> reporter: parents and students at woodside hig»6 schol say "waiting for superman" may be more hollywood than documentary. he evaluated the high school, but never really offered a real test. >> mediator, cheerleader. >> reporter: nandy garcia is full of wild cap rides. she says kids on campus are talking about the new documentary waiting for superman. a critical look at america's failing public education system. put together by davis gugen heim. the director of an inconvenient truth. woodside high makes it on to the big screen, but the report card is not good. a silicone valley eighth grader wants to attend a chart every school instead of woodside. she believes it will do a better job of boosting her math schools and putting her on the path to

college. guggenheim gets an "f" on research. >> even doing acceleration classes, she can accelerate math schools, tutoring, every day after school. >> carol bouser has a sophomore at woodside and two graduates. >> all my kids have gotten excellent classes, but in the classes that they need to. >> she's also a teacher. she admits public schools aren't perfect, but worries the film is slanted. it paints unions as part of the problem. when many unions are fighting for the kids. >> they actually made it. a contract issue to keep lower class size. in our district. we have lower class size. >> public school teachers working hard to get every student to the head of the class. she's frustrated that part of the story didn't make it on the big screen. >> some teachered unions say they plan to protest bay union

premieres, and they give the film an "f" for painting an accurate picture, they dpgive i an "a" for starting the discussion. recently freed sarah shourd shared her most intimate thoughts for the first time. including how she kept on going for more than a year. >> there was only one day in prison that i really gave up, that i just didn't get out of bed, didn't eat, just cried. didn't even, you know -- didn't even speak to the guards, and i had to pick myself up, because i had to keep going for my mom and everyone else that loves me and that's -- and for god. and that's what really makes you not give up. >> shourd says she hopes to meet with the iranian president in new york. and president ahmadinejad sparked a walkout when he said that most people believe u.s.

leaders staged the september 11th attack. a key decision by the fda will limit but not ban the use of the controversial diabetes drug avandia. the w3fda will require doctors sign consent forms to take that drug. it helps lower blood sugar for people who suffer from type 2 diabetes. those taking avandia were found to be at 40% higher risk for heart attack or stroke. in europe, the drug has been ordered off the market. most of us spend lots of time to try to figure out the absolutely perfect computer pass wood with upper case, lower x e case, numbers, the whole thing. and business tech reporter shows us why they are all about worthless and what else we need to do to keep our information safe. >> before we shop, before we surf, before we check our stocks, we type in our computer

password. >> birthdays or addresses or special dates. >> favorite color or a pet's name. and a couple numbers in there. >> and we feel pretty safe as we cruise around the internet, especially if your passwords are complex. >> common name, like the name of a dog, name of a place, then i turn it upside down. >> my husband, sometimes his initials and then maybe our child's name. >> but over a security giant mcafee, bruce snell knows better. regardless of your password, hackers can break in one key stroke at a time. >> you're watching that as i'm doing it? >> yes. >> he sent an e-mail posing as a screen saver. u.s. a hack. if i open it, he can follow my every online move. >> all the things you're doing are showing up on here. >> letter for letter, credit card number for number.

>> now you can read it back here. >> number by number. >> yep. >> it's the newest way hackers get inside your computer, finding and tracking everything about you. >> and you get what we call a drive-by install on your machine. without you knowing it, your key strokes are being captured, you're being watched are are which is how data is stolen and your credit history can be ruined. don't worry so much about your password anymore. >> if they steal the password from you, no matter what it is. >> security experts say it's common sense it will protect you. update your virus fighting software and avoid e-mailer facebook code that looks unfamiliar. >> the password stealing programs, if you are running up to date security software, almost all of them will be detected. >> it's good to be clever, but

better to be careful. >> nbc, bay area news. >> scammers often use celebrity and movie references to get to you open up e-mails and tweets. >> the password for weather is hot. >> the forecast has been hacked. 90s showing up tomorrow. they will stick around for a while. oh, boy. at least five days of hot weather coming to the bay area. pretty comfortable. 61 degrees in san jose. comfortable sleeping weather. not much in the way of fog in oakland, san francisco. you can see sfranch looking off to the west. 61 degrees, and 58 in san francisco. west winds at 13. and those winds later on as we head toward the weekend may turn to the northeast. offshore winds the reason we crank up the heat. for the morning, no problems with the weather. just patches of low clouds for tomorrow morning. inland valley, starting to see 90s.

and by the time we wrap up the weekend, san jose, well into the mid 90s. ask sea breeze starts to back off, air quality not so good around the east bay valley. same story for the santa clara. moderate for friday and monday. and it looks like we'll have a spare the air day. heat is on. high pressure building in across the bay area. storm tracker and we'll start to feel the heat inlands, including san jose. upper 80s tomorrow and upper 90s into the weekend. and san francisco pretty close to 80 degrees. we head through the weekend. temperatures easily in the 90s inland. watching the winds in the hills. get too gusty and it's hot and dry this weekend and we'll have to keep a real close eye on winds. pretty beautiful, with winds in the 70s and 80s on the coast. patches of clouds around lunch time. warm around the bay area. temperatures start to climb on the way to low 90s for the

tri-valley. livermore, pleasant hill and dublin, toasty. 80 in san jose. and the hottest days we'll see in most of the bay area, including san jose. monday into tuesday, and just slow cooling, so the heat coming tomorrow and it will stick around until the middle part of next week. engineers pick the top t sot songtos t y t crouesar stereo, that, all next which would be great... if i was seven. i'm forty-six. and the tooth fairy doesn't come when you're forty-six. just lots of referrals and appointments and bills that cost tons. maybe i'll keep it... it adds character... right? [ male announcer ] losing a tooth is a big deal at any age. that's why we offer dental coverage. blue shield.

we sell lathes, mills, high-tech equipment. i had an idea to go ahead and put up a couple of items on ebay,

and they brought more than our expectations. meg whitman gave me the tools to expand globally. we sell to australia, india... that big blue machine over there? it's going to malaysia on wednesday. with ebay, she created jobs for millions of people. with meg's creativity, she'll be able to create jobs here in california. i'm mariano ruiz and i'm a meg whitman success story. there is at least one california girl whose daisy

dukes and bikini top, not welcome on sesame street. ♪ you're hot then you're cold ♪ >> katy perry's performance with elmo was wh parents complained that dress was too much, or too little. for katy perry, that's actually conservative. sesame street producers may not like it. apparently monsters don't need clothes, they can be naked, as elmo doesn't have clothes. and the top ten songs to test your car's audio quality. here are the top five. number one, smooth and southful "don't know why" by norah jones. listen for norah's voice to sound natural and balance. next, diamonds in the rough tests the car's ability to handle strong vocals.

third, "no one" about alicia keys. and then "hotel california" by the eagles and then "boom boo pow." and katy perry didn't make the list. >> i can see how "boom boom pow" could test your car stereo. >> i don't want that guy running next to me. i'm telling you something, history is in sight. giants working on something quite amazing. eclipsed a nearly 30-year-old record held by the a's and jump back into first place and warriors with a new head coach next isek welle guy is well dee shot. we explain next in sports.

woman: did you bring the camera phone? man: i did. do you wanna go first? i've been waiting for this all day. ok, this is from... aunt stacey. introducing chase quickdeposit. just photograph the front and back of your check using the chase mobile app on your iphone, and hit send. it went through. this is so cool. this is so cool. you wanna try it? yea. ok. all right. who's next? make a deposit from anywhere, anytime-- with your iphone. to mister and misses walker. why would they send my parents a check? chase what matters. ♪

all good news for the giants. baker's dozen. uribe, very friendly confines. ryan dempster, two-run shot. one sends it completely out of wrigley field. later in the inning, dempster pulled after loading the bases. and uribe circles the bases. and baumgartner yielding no runs. and a modern era record of giving up three runs or less. that eclipses the a's records from the '60s. and giants bomb the cubs and move into sole possession of first place. the padres slip, trip and fall. the giants getting help from the dodgers. l.a. beat san diego, who is now the one-half a game back in the standings. colorado also lost in arizona

tonight. the giants get more breathing room there too. the giants move back into first. nine games remaining in the season. tomorrow, they open up a crucial three-game series in colorado. with tim lincecum on the mound. and here at the coliseum, the a's want no part of that. mr. perfect back in near-perfect form. jorge cantu taking a seat. the rangers had their ace, cliff lee going. the a's threw everything they had at him, plus other project i'lls. a piece of the bat nicks cliff lee in the ear. and we'll have to wait two more games to claim the division. from the days of run dmc to the we believe season, we saw about

it all, and everything except the championship. always very entertaining, and word is new ownership is changing course while eating the final $6 million as keith smart will take over. nelly head coach 30 years. over ten of the years with the warriors. good for 1,333 victories. the most in nba history. what do you do when you take over for the nba's most winningest coach? you focus on the good, and do you that by wednesday. he is going to be part of this lake of goobers expansion. i'm excited. yes, he's expected to get a multiyear deal. the announcement will be made official on monday. back to baseball, and the question of night. what's worse if you're a major league pitcher? making your debut and getting rocked by the first two batters you face?

or is it being aing v ling control? we'll discuss all of this and much more in a matter of moments. by eliminating the capital gains tax for wealthy investors, including herself. economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us.

welcome back. one of the toughest jobs in sports has to be that of the baseball pitcher. on the tiny hill, all alone, and usually the one to blame when things go wrong. it went very wrong for rosario, making his big league debut. giving up two runs. and javier vasquez, hitting

three straight tampa bay batters, last one brings in a run, and yankees lose at home. come on, javier. >> come on. >> come on, javier. >> thank you for choosing nbc. we'll see you back here tomorrow. bye-bye. as the ceo of hp, carly fiorina laid off 30,000 workers. when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china. and while californians lost their jobs, fiorina tripled her salary. bought a million dollar yacht. and five corporate jets. i'm proud of what i did at hp. [ male announcer ] carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message.