authorities discovered the body of tina smith, brid any's mother on monday, and easley was not only being sought in connection with the mother's homicide, but also the possible abduction of the girl. now san francisco police department says that right now brittany mae smith is in child protective services, and jeffesely is right here at the san francisco county jail. they will be asking him a lot more questions to try to piece together exactly what happened. live in san francisco, traci grant, nbc bay area news. >> i'm sure we'll be hear mortgage about this. thank you, traci. a man killed after crashing his car off interstate 80 in berkeley today earlier during a police pursuit. it started after the man injured an oakland police officer. the officer says he stopped last night for a stranded motorist, but says that the man was acting suspicious. the man then drove off, knocking the officer to the ground. the officer wasn't badly hurt, and about 5:00 a.m., a chase

began, which ended with a white honda civic speeding down a freeway embankment, crashing into a tree. the man in the driver seat is expected to be a 38-year-old parolee. new tonight at 5:00, an alert for parents in the north bay after police say two kids complained of seeing a van following them. the children were walking home from petaluma's grant elementary when they noticed the van tailing them. even more disturbing, though, once they got home, the boy said one of the two men inside the van rang the doorbell and looked inside the house. the kids obviously did not open the door. police are warning parents to be on the lookout for an older model gray box-style van. a california sea lion is in critical condition tonight after someone shot it. caretakers at the marine mammal center named the animal silent night. he took a round of buckshot to the face, blinding him in one eye. the center has treated eight other victims of gunshot wounds this year which is why they released silent night's skpras

today to illustrate the trauma with the hope that it isn't repeated. sea lions are often shot by fishermen as they compete for fish. veterinarians will not remove the bullet fragments if there is internal bleeding. that's the case here. more than eight years after her kidnapping, the man accused of abducting elizabeth smart learned his fate in a salt lake city courtroom. and after the hearing smart spoke about the verdict. garvin thomas has the story. >> reporter: guilty. that's the word elizabeth smart and her family have waited more than eight years to hear. >> today is a wonderful day. and i'm so thrilled to be here. i'm so thrilled with the verdict. >> reporter: in a trial that has been filled with emotion, outbursts and drama, brian david mitchell was found guilty in the 2002 kidnapping of then 14-year-old elizabeth smart. >> we are very pleased that the jury reached the verdict they did. >> reporter: for 20 days jurors listened to dramatic and often emotional testimony.

horrifying moments of the abduction, smart taken at knifepoint from her salt lake city bedroom. details of the nine months elizabeth smart was held against her will. during her testimony, the now 23-year-old smart told the court how mitchell threatened to kill her and her family if she tried to escape. her courage and candor on the stand an inspiration to those trying the case. >> the beginning and the end of this story is attributable to a woman with tried courage and extraordinary determination. >> reporter: defense attorneys tried to claim mitchell is mentally ill. >> it's a difficult case. and i think we accomplished some of what we wanted to accomplish and we couldn't accomplish at all. >> reporter: but prosecutors didn't buy it. they claimed he faked his illness and is nothing more than a sexual predator. it took jurors just hours to reach a verdict. >> i think we were fair and tight-knit group that made an intelligent decision. >> reporter: smart herself has said she is determined not to

let this experience define her. >> it is possible to move on after something terrible has happened. >> reporter: a demonstration of strength out of an experience with evil. garvin thomas, nbc bay area news. >> mitchell could face up to life in prison when he is sentenced next may. his wife at the time of the kidnapping, wanda barzee pleaded guilty to her role in the smart case and was sentenced to 15 years in prison. well, advocates of repealing the military's "don't ask, don't tell" policy say the fight isn't over. hundreds of protesters pushing for an end to the policy rallied outside the capital today. senate republicans you may remember blocked the measure yesterday that would have lifted that ban. it would have been attached to a larger defense policy bill. but now backers of the repeal effort are pushing legislation that would stand alone. white house spokesperson robert gibbs said the president is committed to seeing that bill pass before the end of this year. >> we're not going to give up.

we're going to keep fighting until the last possible moment in this session. >> ironically, supporters were only three votes shy of passing the measure yesterday. let's talk about the economy now. it is the season for holiday parties. or is it? ba humbug. it turns out this may be the worst year for holiday parties in 22 years. and the recession was technically actually worse last year. nbc bay area's damian trujillo is live at a south bay cartering company that is getting some last-minute books. at least that's optimistic. >> reporter: that's right, jessica. the locals here know them and they've been pleasantly surprised by the recent surge in parties. but it still won't be the same as in years past. >> who is going with me to the event in the morning. >> reporter:? >> vince is already planning for saturday's event. >> i'll be here at 5:00 to make hot chocolate, then pick up the pastries, and then i'll go to

the event. >> reporter: meanwhile his staff at psrt prepares for tonight's private gathering. >> tonight we have a small holiday party as well. we have some tri-trip trifles, holiday bars. >> reporter: books were slow for the san jose caters until recently. >> yeah, we're busy through next weekend. our final event is at city hall next saturday. but between now and then, we're just locked and loaded. >> reporter: psrt says most of their parties are small, not the big corporate bashes that once peppered the silicon valley. a nationwide survey shows 79% of companies will throw a party this year, the worst number in two decades. companies say it doesn't feel right to throw extravagant parties when an increasing number of people are forced to rely on the nation's food pantries just to get by. >> you trod go? >> reporter: some companies in the silicon valley are actually asking psrt to roll out its catering trucks. they're now holding holiday parties in particular. but the caterers say there are

signs of a turnaround. >> next year already, we see galas that are now becoming galas again. and that's our first indication that next year will be little better. >> reporter: but for now they still have to work on the pecan pie, and tonight's bread putting is almost there. >> cool. that's a wrap. we're done. >> reporter: big party or small, holiday parties require long hours. some of the cooks here arrive at 6:00, in the morning and a few are still in there. >> damian, thank you. well, it looks like the bush era tax breaks will continue. and that's making investors feel good. nbc bay area's business and tech reporter scott budman is here with the numbers and the news. scott? >> reporter: after a few days of pessimism, we're getting signs it will pass thanks in part to the president's secret weapon, former president bill clinton. he took over the room to lend

his support to the tax compromise that would extend unemployment benefits by 13 months and the tax breaks in place. that combined with the consumer confidence sent the stock market to its highest close in two years. not a bad way to wrap up the week for your money. going until the hot seat over streetview technology. connecticut's attorney general wants the mountain view search giant to turn over data it collected from wireless networks when its cars mapped areas of the state. connecticut says the data is necessary to determine if google broke state laws. google apologized about the accidental collecting of data by the mapping vehicles. a quarter million to settle a bribery charge. they're settling with the securities and exchange commission after the s.e.c. accused it of bribing chinese officials to win government contracts. jessica? >> thank you, scott. u.s. attorney general eric holder in san francisco today to attend the financial fraud conference.

but reporters were asking questions about the wikileaks case. holder gate a terse no comment when asked about the city of berkeley's proposal to honor bradley manning, accused of releasing the sensitive documents. >> it is serious because of the nature of the conduct. the release of those materials has harmed our national security, has put at risk people who work on behalf of the united states, and has put at risk the safety of the american people. >> holder denies the u.s. pressured other companies to sever ties with wikileaks and refused to comment on what u.s. law mace be broken. a san francisco judge approved the controversial sale of 11 state buildings this afternoon. the state selling the buildings for $2.3 billion. the government will still rent the buildings back over the next 20 years, raising concern about the long-term costs. and still ahead at 5:00, do test scores really prove how effective a teacher is?

the new study further fuelling the debate. and police announcing the arrest in the shocking scam involving facebook and sororities. also a new study on breast cancer provides help for women suffering from a serious side effect. why they may be able to get back to a more normal life. and walgreens issuing a warning to its customers. and coming up, we saw some breaks of sunshine, especially south of the bay. and this weekend we're hoping to see more sunshine. your forecast for the weekend is coming up.

the pharmacy chain is apologizing to shoppers after a hacker stole its e-mail list. the hacker sent out real-looking spam asking recipients to enter personal information into a web page controlled by the hacker and not walgreens. no prescription or health information was stolen but they did take e-mail addresses. meaning the company still hangs on to them. elizabeth edwards' oldest daughter will give one of the three eulogies at her mother's memorial service tomorrow. john edwards will not be speaking. elizabeth edwards died this week from breast cancer. her 28-year-old daughter cate will offer memories along with two long-time friends. edwards' service will be held at the united methodist church in raleigh where her it will son wade's funeral was held. the burial will be private. mrs. edwards will be buried next to her son.

topping our health watch tonight, researchers are zeroing in on the cause of alzheimer's disease, and they suspect a protein nicknamed a beta is part of the problem. doctors have known a beta builds up in the brains of alzheimer's patients. experts at the university of washington determine it's not because the body makes too much of the protein, but because the body cannot get rid of it. it's believed the protein interferes with cells so, they can't function normally. to prevent a painful and debilitating condition after surgery, breast cancer survivors have been told to limit movement of one or in some cases both arms. but that could change because of some new findings. nbc bay area's diana gonzalez has more on why patients may soon be pumping some iron. >> reporter: carolyn newman's right arm is noticeably larger than her left. she developed lymphedema two

years after breast cancer. >> i really don't have a filter system in my arms. so my arm gets very full of fluid. it feels very heavy all the time. i'm very self-conscious about it. >> reporter: 30% of all breast cancer survivors develop lymphedema immediately after surgery or years later. >> what the lymph node does, it's essentially the sewage system in our body. it cleanses the fluids that we have. >> reporter: think of lymphedema as a backup on the expressway hen the number of traffic lanes is suddenly reduced. until recently, exercise was believed to be harmful. >> the thinking is if you have too much stress on the arm, it's going to cause more swelling, and then your lymphedema going to get worse. >> reporter: now a new study finds breast cancer patients should be lifting weights instead of restricting arm movements. researchers at the university of pennsylvania divided women into two groups. one lifted weights twice a week. the other did not. after a year --

>> women who did the weight training were less likely to have increases in arm swelling than women who did not do the weight training. >> all that add weight. >> reporter: while therapists here have been using some lightweights, they'll be enhancing what they do because of the new research findings. >> and it's going to help the patients actually have more function, more mobility, and improve the quality of life. >> reporter: her lymphedema inspired carolyn to design decorative sleeves over compression stocks for the swelling. >> i'm thrilled that the study is out. >> reporter: now now she is inspired to return to the gym and start working with weights again, something she hasn't done since being diagnosed with breast cancer four and a half years ago. well, the most famous midriff in america taking a break. biggest loser trainer jillian michaels says she'll do one more season of "the biggest loser" and then she says time to take some time off and become a mother. michaels says she is going to take a year off, maybe do a little more charity work and maybe adopt a child.

this is the first time she left the show. in 2006 she took a break and was back in 2007. >> looking trim as ever when she did come back. all right. jennifer hill now to tell us about what we hope will be a sunny and wonderful weekend. >> yes. because if we alled that thad midriff to show off in the sunshine this weekend we would do it. well will see a little bit of sunshine. live shot out tonight. beautiful coit tower. but there is some fog out there. we've been plagued with fog and we'll see some again tomorrow morning. local weather spotters had a high of 67 after a low of 54. what can we expect? well, tonight some more drizzle is in the forecast. some fog will form again towards the morning hours. but we will see some clearing that is happening from south to north. the farther south you are, the clearer it will be. on sunday more fog, especially in the valleys. but then a nice warm day for all of us with some sun appearing, warming us up. right now 60 degrees in santa rosa.

60 in fairfield. 59 degrees in novato. 60 in san mateo. 64 in sunnyvale. mid 60s for san jose. 62 in gilroy and 60 in santa cruz. we'll drop it by about 20 degrees or so tonight towards the lows. let's take a look at the radar. as we do, we see a few showers. the heavier rain falling to the north. we'll see a little bit of an impulse moving into southern oregon. that's not going to affect us this weekend. we're just waiting for the high pressure to nose in, though, to keep that rain away from us. let's bring it in closer to the north of the bay, to the east of the bay. light showers here and there dotting the area they're not going to last very long. and the farther north you go, the better rain chances. the farther south the smaller the rain chances. just one little blip there on the radar. that's about it. most of us are seeing cloudy skies. but not exactly clear skies. the weather for this weekend, high pressure will try to nose in. you can see it there with the clearer skies. as it does, you can see the clouds pushing farther away and going towards the north.

that will allow our temperatures to come back to the mid-60s, especially the farther to the south we are on saturday. then on sunday we should all be in the sunshine and we should all see the temperatures mainly in the 60s. overnight 47 degrees for a forecast low in santa rosa. 45 in fairfield. 47 in livermore. 49 degrees in oakland. 48 degrees in redwood city. sunrise at 7:15. patchy fog begins to burn off at noon, 57 degrees in santa rosa. 58 in san francisco. again, these interest lunch time temperatures. if you're heading out to go for a run, like tom running six miles, 60 degrees in santa cruz. 59 degrees in fairfield. here are the forecast highs. we'll see temperatures making it to the 60s in most spots. 65 degrees. pretty warm in san jose, 63 in gilroy. 61 in fairfield. notice the sky here. it really maps out what we can expect for the forecast with our sky showing quite a bit of blue in there. that's a nice improvement. and for sunday, even more blue in the forecast.

once we burn that fog off in the morning. but after that, a real la nina pattern setting up quite a bit of rain in the forecast. hold on to a little it bit of clear weather for part of monday, and then we just enter a big rainy pattern. and looking way off in the distance, we will see more and more. >> all right. so it's going to be the rainy season. >> for the whole year. >> the whole life. thank you, jennifer. all right, still ahead, from macy's how the bay area's bad santa rang in his new job today. the sorority scam. police make an arrest after a man uses facebook to dupe college students. and why the faa says a security gap could give criminals and terrorists the or haht back.

are improved student test scores really the sign of a good

teacher? there is plenty of debate on how to measure effective teaching or if it's even possible. a new report by the bill and melinda gates' foundation shows a teacher's past success in raising test scores is the best predictor of his or her ability to do it again. the findings come as the states are working to change how teachers are evaluated in order to make the ratings more objective. an alarming new report shows the faa has lost track of who owns a third of all the private and commercial planes in the united states. that amounts to more than 100,000 airplanes. faa officials say its records are in such disarray that criminals such as drug traffickers or terrorists could buy planes without the government knowing it. the faa does ask plane owners to update contact information every three years, but the letters are often not returned or undeliverable because the owner's address has changed. next year, the faa will begin requiring owners to reregister their planes.

police say the facebook stalker has been nabbed. mitchell hill of florida accused of cyberstalking girls at several universities across the southeast. he contacted girls and claimed to be an alumni. he asked intimate questions and even got some of the girl, believe it or not, to strip naked on web comes or nude photographs. she described the type of questions she was being asked online. >> they basically said tell me anything about you what, your personality is like, why you decided to join a sorority, how is your family life, how is high school. >> they want you'd to take a nude picture of yourself. >> yes that. >> did. >> you thought this is what you had to do to join the sorority. >> exactly. >> when she tried to cut contact off, she told girls would be waiting outside her dorm to attack her. well, we will be right back with the bay area's own bad santa and his unique first day

on >>t's >> it's

talk about a break. the santa fired by macy's for telling that kind of naughty joke took a victory lap past his old employer today on the way to his new job. a fire truck, and police actually escorted john toomey around union square, right past macy's, was that a wave or something else? i'm not quite sure. he smiled and kind of waved when he passed the department store that famously canned him last week. he arrived at the restaurant where he is going to help with its toy drive. since getting canned from macy's, he had national attention, appeared on the tonight show and got himself a job that pay morse money.

and that's how you stick it to your boss. >> and where the drinks are flowing. you know, this has publicist lee housekeeper's name written all over. he has been working for years. >> sticking to it the man. >> that's true. thank you, everybody. >> bye-bye.