the crash that left a fremont motorcycle police officer seriously injured. pinned under a delivery van. police say the van was stolen from a residential neighborhood in fremont this morning while the driver was making a delivery. the police officer spotted the stolen vehicle about an hour later on warm springs boulevard. moments later the van's driver plowed over the officer. >> the vehicle actually struck our officer and we believe it was an intentional act and then from that point the suspect fled on foot. we believe there is one suspect and we are still currently searching for that person. >> reporter: the first thing that popped into my mind was the inhumanity of the situation and just the cowardice of whoever did it. >> reporter: this woman saw the suspect jump out of the van and run through a parking lot. she then watched helplessly as the officer laid pinned under heavy metal. >> immediately prayers filled my

mind. seeing his body, seeing his body out, it was -- it was -- it's painful to see somebody have to go through that and my thoughts and prayers are with his family. >> i hope they catch the guy. i hope they do. and that he pays for what he did. >> reporter: the suspect described as a hispanic man, 25 to 30 years old, 6 foot tall, he was last seen wearing a dark colored baseball hat, a reddish sweatshirt and blue jeans. if you have information you are urged to call the fremont police department immediately. i'll tell you the manhunt has been massive, several police agencies have been scouring about a one-mile area around this scene. last word no sign of the suspect. they are also not commenting on the condition of the officer. reporting live in fremont, jodi hernandez, nbc bay area news. >> thank you. tonight at 5:00 the attorney for

former b.a.r.t. police officer johannes mehserle asked a judge for a new trial. his attorney says the conviction for involuntary manslaughter should be overturned because a jury didn't hear evidence about a similar case. mehserle claimed he thought he was reaching for a taser but instead grabbed a gun moments before he shot and killed oscar grant. prosecutors said there had never been a case where an officer made that mistake but the defense says a similar case did happen in kentucky. less than a year before grant was killed. prosecutors are expected to file a response in the coming weeks. the judge will hear arguments on the motion when mehserle is scheduled to be sentenced next month. >> a sour defeat for state workers as california's supreme court sided with the governor over the controversial furloughs he imposed. while the days saved about $3 billion it translated to a roughly 14% pay cut for state workers. they hoped to get the money back if the justices ruled in their

favor. the court decided what the governor did last year was legal because the legislature approved the savings from the furloughs. >> for thousands of south bay students, furloughs mean an early week off from school. teachers and staff voted to take five days without pay to avoid layoffs. nbc bay area's damian trujillo is seeing how some of the students and parents had to adapt to the circumstances. >> reporter: not even two months into the school year and the students here at san jose unified are crying something new. fall break. that means 30,000 students will be out of class this week. you're not going to see too many unhappy faces here. while kids everywhere are hitting the books at schools, these kids from san jose unified are, well, skating. mired in red ink, san jose unified says it will save $5

million by closing schools for a week. that forced parents to scramble in the largest school district. some will have to open wallets for daycare, others chose to send their kids to, yes, furlough camp. roosevelt is one of community centers that opened its doors to the vacationing kids. >> just got word there was a furlough this week, wanted to offer something for the kids to have a place to come for the week. >> reporter: camp is $100. that gets parents off the hook from 8:00 to 3:00 this week. >> learn how to trust the route. >> reporter: furlough means grandma who flew in for scotland taking over. >> i'm taking them out for a walk, not going in the car, and their nanny comes on at half past 1 and they will be swimming. >> reporter: the union says that sacramento needs to keep kids in school by giving districts the money and tools they need stay

open. he says otherwise the state is putting itself on a collision course with disaster. i spoke with san jose police today, they say that the officers are advised there would be no school at san jose unified, potentially thousands of kids on the streets, just to keep them safe. damian trujillo, nbc bay area news. >> thank you. security is being increased at a walnut creek apartment complex that has seen five sexual assaults since june. crews are working to install a fence at the front of the property, and to install additional security cameras. a guard stationed at the front gate will check everyone entering the complex as well. on saturday, a man grabbed a woman from behind as she left her apartment and tried to force her back inside t. victim was able to break free. some residents say they are outraged the apartment will not let them move out early without a penalty. >> we don't feel safe. they are telling people they

can't move out that don't feel safe without paying money. that's not fair. obviously what they are doing isn't working so they shouldn't punish people too scared to live here. >> i'm scared. i have grand children visit. i don't go out that late at the night. though i have security patrol here and all, still i don't feel too fully safe yet. >> reporter: it is not clear if this latest assault is linked to one in september. a man was arrested in august for three unrelated sexual assaults in that same complex. the second man convicted in the shooting of a council man was sentenced to 15 years to life in prison today. 47-year-old gene combs was convicted of second-degree murder in the murder of matt garcia in 2008. combs and henry williams were looking for a drug dealer who owed money. they shot and killed garcia in a case of mistaken identity.

the radio debate is off. candidates meg whitman and jerry brown pulled out of a planned debate tomorrow. both camps have been tight-lipped why it was scrapped. both did say that details of the debate were never finalized that came as a surprise to kgo radio. the cancellation comes after a debate saturday focused on illegal immigration and allegations that whitman employed an illegal immigrant t. two will square off in the next debate here on nbc bay area on october 12. live coverage begins at 6:00 in the evening t. debate begins at 6:30. and now let's turn to playoff fever in san francisco. giants fever, it took 162 games of the season to get a temporary remedy. yesterday the giants beat the san diego padres to win the nl west crown, something they had

not done since 2003. >> fans embraced this team, it's a great team to follow and everyone can identify with at least one player. they are all so personable with the fans. >> all of the symptoms of giants fever return on thursday when the atlanta braves come to begin the playoffs, those tickets are sold out. tickets for the championship series should the giants make it that far go on sale tomorrow at 3:00 p.m., they can be purchased on the giants' website at sfgiants.com. and ours is a great source for all things giants. go to nbcbayarea.com for dozens of images from the 2010 season, we have raw video so you can hear the players as they start to get ready for their next opponent, that being as we pointed out t atlanta braves on thursday. >> a doctor's note. rumors of planned sick-outs prompted transit management to

make a doctor's note mandatory for work days in september and october. that requirement cut the daily absentee rate by 42%. in the previous 15 months an average of 7.6% of muni operators called in sick every day. but, the "san francisco examiner" reports in the 2 1/2 weeks since that mandate daily absenteeism has plunged to 4.4%. it's a new commute in the south bay. people rode the express line for the first time. the bright paint job, the express line even looks different. the trains run from south san jose through downtown and farther north making fewer stops and cutting the ride time by eight minutes. >> this is a start and we'll see how it does in terms of attracting more people to the system. and as it attracts more we'll add more express type services.

>> passengers pay the same $2 fare. they can take advantage of free wi-fi. there are three trains during the morning commute and three during the evening commute. still ahead at 5:00, taking the lap top off of your lap. a new warning tonight about a potential problem for lap top users. how they could cause skin damage. >> also verizon's $90 million refund. why the wireless giant is dialing up an apology. >> a major breakthrough in cancer research. a vaccine provides hope for some. >> from wedding bells and insurance premiums, the new marriage insurance and how it works. >> good afternoon. a cool afternoon across the bay area. only 63 degrees right now in san jose and 64 in livermore. it's going to be a cold night with temperatures dropping into the 50s. we're tracking this earmir ongca fall weathemicong

meet the real meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay

the money back. what kind of person would be involved in deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter? now it integrates your work e-mail, so you can be hooked up to everything you need to do. now it does 1 ghz speed on a more intuitive keyboard. turning you into an instrument of efficiency. introducing the new droid 2 by motorola.

part of the xt genioof dens. call it the new prenup. from the car to health there are insurance options but what about divorce insurance? as the rate of divorce is skyrocketing there is a way to protect your finance when's your marriage hits the skids. >> this line will be available. >> reporter: margene is running the shoe business she used to operate with her husband before their divorce. now finding out about of all things divorce insurance, a payout to you if, well, it

doesn't work out. >> so, if a gentleman said i'd like to marry you but i'm going to get the insurance your reaction would be? >> no. i would never. that wouldn't make no sense at all. >> reporter: witlock divorce dsh insurance.com. we interviewed over skype. >> similar to any other type of casualty insurance. >> reporter: he says the smallest would cost you about $16 a month and pay out $1,250. pay three grand a month and get $250,000 if you do get divorced. >> i would say about 55% of the people who get married end up in divorce. >> reporter: this divorce attorney says the depressing numbers means divorce insurance will be considered a viable option for some. almost like an investment. >> i would ask if they have another investment to check. >> beautiful setting.

>> reporter: angela just got married last month. she says no way. >> what if when, i don't know, in 20 years, so we should get divorced to get the money. >> reporter: the jeweler sells a lot of wedding rings. has a different take. >> if i were 20 i don't know if i would do it. but at 46, that's something i would definitely, you know, talk about. >> reporter: to collect on the insurance policy you have to stay married at least four years. the person paying for the policy is the beneficiary and that person actually collects the money. the maximum amount you can collect, $1.25 million. but you would have to stay marry today with 5 years for that. >> the man behind the divorce insurance says his largest policy holder right now pays about $1,000 a month. but he says his client list is growing. >> health news. researchers say brain cancer

patients who have received an experimental vaccine lived nearly twice as long as those who got additional treatments t. vaccine is tested at duke university. it target as gene that spurs cancer growth. patients who receive the vaccine went an average of 14 months before the disease progressed, that compares with just over six months for the other patients. there were no side effects related to the vaccine. the next step in the research is conduct the study that compares patients on the vaccine with those on a placebo. it's going to be difficult to find sick people willing to take the chance they are not getting that treatment. >> a new study says children with adhd may be at greater risk for depression. researchers at the university of maryland found the children diagnosed with adhd between 4 and 6 years of age had higher depression rates between the ages of 9 and 18. also, adhd kids were almost eight times more likely than

their peers to have made a suicide plan. about 18% attempted to kill themselves. the risk was greater for girls. >> the man who developed invitro fertilizization won the nobel prize in medicine. 85-year-old robert edwards started working on invitro procedures in the 1950s. in 1978 the first baby was born with invitro. since then more than four million babies have been used with the technique. >> time to talk about the weather now. and when we compare this day to monday of a week ago, it's pretty amazing. >> how far the temperature has fallen. >> gloomy. makes you tired. >> it feels like halloween might even come tomorrow, thanksgiving, all that stuff. it's cool out there. so, go ahead and look at these. right on track, look at my first graphic. >> i didn't realize that. >> yes.

always thinking like a meteorologist. livermore, last tuesday 105, today so far only 65 degrees. santa rosa had 104 last tuesday. 75 today. san jose 63 and san francisco airport from 95 to 62. let's get a look at san francisco. instead of the flag we have the giants flag flying across the embarcadero plaza t. western division champions. nice job. they brought the heat to the bay area on sunday. with that wind mother nature continues to bring the cool across san francisco. san mateo, low 60s and these low 60s also extending to our typical warmer spot where san jose is 63, gilroy only 64, livermore 64 as well. warm spot on the map is santa rosa holding on to mid 70s. even then that's about 10 degrees off the mark. tonight it's going to feel like fall with chilly temperatures,

low 50s. for tuesday, the cool air stays in place so more 60s and 70s coming on back. and right now it's a slow climb to get 80s building back into our seven-day forecast. satellite/radar, shows instability across the sierra with lightning strikes, also early season snow throughout the yosemite valley. we're dry, haven't picked up measurable rainfall. there is a slight chance tomorrow in the southern hilltops we could see a scattered shower but no large accumulations. the source of this cool weather, the jet stream continuing to take a strong early season dip here across california, diving in this cooler air aloft. that once again will keep temperatures down for tuesday and also wednesday as it will continue to feel like november rather than october. it kind of continues in this pattern of extremes. tomorrow the east bay 6:00 a.m. a cool side, mid-50s, 11:00, not

climbing as we remain in the 60s with partly cloudy skies. tomorrow morning, low 50s in the north bay, also for the south bay, surely a day to wear the layers as you start off in the morning. for tuesday, 67 in morgan hill, that's it. a few 70s like in evergreen and livermore where it's 71. dublin 70. upper 60s to near 70 across t peninsula as temperatures will remain about 10 to 15 degrees below average. 73 in concord and here up in the north bay, we're also looking at, well, mid 70s. that will be the warmer spot. on weather channel and cable and you'll see in the seven-day forecast we slowly turn up the heat. saturday and sunday, as fleet week gets around to the bay area, we'll look at low 80s. then 60s at the coast. >> and sunny skies. that will be good. perfect. thank you. >> still ahead, the new health risks linked to lap tops. >> details why millions of verizon customers will get

refunds. >> thes u new plt's new plan. . come on in, and i'll give you a free quote. quote and compare in about 8 minutes. now, that's progressive. call or click today. are only one hundred thirty miles apart. they may as well be on different planets.

sacramento, mismanaged, ineffective. silicon valley gave us apple, intel, ebay. here meg whitman started with 30 people. led them. managed them. executed the plan that grew this main street company to fifteen thousand employees and made small business dreams come true. to change california let's send meg whitman up the road... about a hundred and thirty miles.

>> tailoring college classes to match the needs of business, the goal of a initiative the president calls skills for america's future. it creates partnerships with community colleges and the private sector. the president used today's announcement to take aim at republicans who want to cut education funding. >> now is not the time to sacrifice our competitive edge from the global economy. that's why i disagreed so strongly with the proposal from some on the other side of the aisle to cut education by 20% in next year's budget. >> the goal of the program is ensure that every state has a strong partnership between industry and community college. >> verizon customers are getting answers and refunds for what they call mystery fees. a mysterious 1.99 data access

fee has appeared on monthly bills even for customer who is don't have data access option. verizon is stuck with a big phone bill, issuing refunds to 15 million customers. it calls it a software issue. it was the fcc that called out verizon on this issue. current customers receive credits to the accounts over october and november. former customers will receive a refund in the mail. >> lap top computers are a hot item. they can get so warm that researchers identified a skin condition they call toasted leg syndrome. they are warning consumers to keep lap tops on table tops and not your lap. toasted leg syndrome is the name for a mottled color of the legs caused by heat exposure. patients included a law student and a 12-year-old who played computer games for hours every

day. it's generally harmless but can cause permanent skin darkening and in rare cases could lead to skin cancers. >> we'll be backit w righth bki music going 3-d. b-a-c-c-a-l-a-u-r-e-a-t-e.

baccalaureate. correct. [ audience groans ] since this competition has been continuing for 48 hours and we have yet to eliminate anyone, it is the decision of this board to declare all 20 contestants winners. you have all competed admirably. admirably. a-d-m-i-r-a-b-l-y. admirably. [ male announcer ] at&t is making high speed internet affordable for only $14.95 a month with select services. at&t. rethink possible.

>> the music world is jumping on the 3-d bandwagon. justin bieber and the black eyed peas plan to release 3-d movie concerts. james cameron is producing the project. he is the first to say making music videos in 3-d will change them. they are edited with quick moving shots. if you try to do that in 3-d you end up with a headache.

>> i like him a lot. >> especially the hair. >> i changed my tune. the dangers of sharing too much information about yourself online. >> more local news at 6:00. [ bell rings ]

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