to get it. it's something they say former governor arnold schwarzenegger took from them just before he left office. good evening, and thanks for joining us. i'm raj mathai. >> and i'm jessica aguirre. it is the first of its kind lawsuit in the nation asking the court to reinstate a 16-year prison sentence commuted by outgoing governor schwarzenegger. tonight the santos family, whose son was killed by esteban nunez, son of former assembly speaker fabian nunez, is speaking only to nbc bay area. about their suit, their pain, and what they say are political perks. nbc bay area is in oakland. cheryl spoke exclusively with the family. >> reporter: the santos family arriving here at oakland's international airport from san diego. now, the district attorney in san diego making an unprecedented move to help families who feel that justice was taken away from them. kathy and fred santos are on a

crusade to reclaim justice for their son, luis. they now have help from san diego county's district attorney, who filed a civil lawsuit against the state over former governor arnold schwarzenegger's decision to commute the prison sentence for the young man who killed their son. >> our goal is really just to overturn this commutation and return it to the 16-year plea bargain that we agreed to in the first place. >> reporter: santos's son luis was stabbed to death and three of his friends injured near san diego state university in 2008. esteban nunez, the son of former assembly speaker fabian nunez, plead guilty and was sentenced to 16 years in prison. but just hours before arnold schwarzenegger left office the former governor made a shocking move, reducing nunez's sentence to just seven years. some believe a political move for his assembly speaker friend, a move san diego county's district attorney is trying to reverse.

>> the last-minute commutation made without all the facts or input from the parties only fueled the public's mistrust of government and greatly diminished justice. >> two politicians made a little deal of their own. and they got the justice they wanted, but it really wasn't justice. it was an injustice. >> reporter: esteban nunez's attorney, karen sanders, released this statement, saying in part, "while appreciating the political pressure the district attorney is under, we do not believe she has any grounds or even procedure to do this." >> it's easy to just decide to forget everything and walk away from all this, but again, if we did that, who's going to seek justice for our son? >> reporter: the santoses have another lawsuit on the books as it relates to marcy's law. that means that victims have the right to be informed when changes in the law affect them.

reporting live in oakland, i'm cheryl hurd, nbc bay area news. >> cheryl, thank you. the oldest university in california is dealing with a new problem. an unprecedented crime that's left three people dead. the san jose state campus still in shock after last night's murder-suici murder-suicide. tonight we have some answers. we bring in nbc's george kiriyama, who joins us from campus in downtown san jose. and george, what do we know now about these victims? >> reporter: raj, san jose state right now, it's been a tough night for everyone here. we just talked to one of the victims' friends off camera a few minutes ago. they told us that right now everything is still just too fresh and that they need some time to think. one student told us tonight is a very sad night for san jose state. san jose state campus police say two people were sitting in a parked car here on the fifth floor of the north parking garage. the other person was outside the car. while they won't say who the shooter was, one of the three shot and killed the other two

and possibly shot himself. anibal bernard parks in the campus garage. >> i don't know where it happened. i kind of don't want to know because what if i am parking in the same place? but like i said, it's really sad. >> this is an unprecedented situation for san jose state. >> reporter: san jose state was not ready to release the names of the three victims. they said they were having a hard time reaching one of the families. >> we need to kind of focus on the people and the families involved here and give them time to receive the news and time to sort of begin to deal with it. >> reporter: the university fell short of saying the three were san jose state students. we've learned they could be former students. now, san jose state says it will have a major announcement at 10:00 tomorrow morning. it's likely they'll be releasing the names of the three at that time. we're live here at san jose state. george kiriyama, nbc bay area news. >> and george, not just on campus but really citywide a lot of concern about the staggering increase of homicides in san jose. this was the 19th and 20th homicide of the year, which was

the total amount all of last year. what do san jose police have to say from there? what do they do from here? >> reporter: well, you know, they're dealing with cutbacks, of course. so obviously, the 20 homicides that we've seen so far, it's very troubling for san jose pd. i might want to add that since san jose state doesn't have a homicide division of its own, that's why san jose pd is involved, working with san jose state police. but yeah, certainly troubling for san jose police because with the cutbacks and maybe even more cutbacks coming in the near future they're going to have to be dealing with these -- an uptick in homicides here in the city. >> george kiriyama reporting live from san jose state. thank you, george. the desperate search is over tonight for a 3-year-old girl. campbell police say they found little dija marin at a south san jose parking sxlot they found her with her mother. police arrested jane marin. she's charged with felony child abuse. dija is now in a hospital receiving care. police will only tell us that the little girl is the victim of severe child abuse. investigators, though, are still looking for marin's ex-boyfriend, george rodriguez.

police went to do a welfare check on the little girl after receiving a tip that she may have been hurt. it might be the most valuable find of all. osama bin laden's handwritten journal, discovered during the raid of his compound in pakistan. tonight, a look inside the mind of the infamous terrorist. among the early revelations, a mathematical calculation of how many people al qaeda would have to kill to get the united states out of the middle east. concluding it would take another attack similar to september 11th. bin laden also called on operatives to strike smaller american cities as well as target planes and trains. the u.s. says the writings prove bin laden was still very much in control of al qaeda's operations. well, new surveillance video and new allegations tonight of officer misconduct inside the sfpd. the city's public defender released a series of recordings today that he claims show officer misconduct and brutality. the video stems from a december 2010 arrest. jeff adachi claims it shows an officer violently arresting a

man and then illegally searching and taking the suspect's property. >> for the first time we're getting to match police reports against what these cameras capture. and i want to report to you very clearly that what we're finding is that there is a very serious problem. >> i have no place in this police department for dishonest police officers. >> it's the second time in three months that the public defender's office has released video claiming police misconduct. the first time resulted in a federal investigation. san francisco's new police chief says he will launch an internal affairs investigation into this most recent case as well. there are tens of thousands of billboards across california, but none like this. billboards showing police sketches of bryan stow's attackers. stow was the giants fan who was attacked at dodger stadium on march 31st. he remains in a coma. today a company called lamar advertising began posting these billboards.

eventually, 200 of them will be posted, most of them near dodger stadium, while others will be erected along l.a. freeways. besides the sketches each sign will list a $100,000 reward and a phone tip line. stow's family hopes these billboards will lead to the capture of his attackers. it's one of the trendiest neighborhoods in san francisco, brimming with young families and lots of cool hangouts. but the marina is now seeing a shift in its character with a sudden emergence of violent crime. a change that has the usually laid-back community a bit edgy. nbc bay area's jean elle is live in the marina. and jean, this is one of those neighborhoods people just walk around at all hours at. >> reporter: they do. there's people out right now. the marina is not an area known for crime, and merchants here, well, they want to keep it that way. so they're working on getting more eyes on the street. san francisco's marina district is a shopping and dining destination. an upscale neighborhood where it seems everyone has an iphone and a fancy purse. accessories police say criminals are tuned in to.

>> we've hay wave of crimes in the neighborhood. some of them have been armed robberies. >> reporter: kelly kaiser runs splendid interiors on chestnut street. over the last two months she and other members of the merchants association have noticed an uptick in crime. a trend shoppers are aware of. >> you just never know who's around the next corner. >> reporter: after a couple of store and home burglaries, daytime holdups, and an armed robbery of a woman, people are reacting. >> make sure i hide my jewelry or just not wear good stuff out. >> reporter: the merchants association is taking action. members met with police and security experts this week and are now trying to get shop owners on chestnut street to install cameras so police can see who's causing the trouble. >> if someone next door were to have an issue, a robbery or just some theft, the people are either going to go to the right or left. so if i have a camera, hopefully we can at least see who they are

and where they went. >> reporter: merchants say they can't afford robbery or even vandalism in this economy. a broken window may break the business. they hope pictures will help police nab the bad guys, an effort shoppers applaud. >> any effort to stop crime is great and much appreciated. >> reporter: now, the sfpd beat officer for the marina has shifted his hours. so he's here later in the evening when crime's more likely to occur. and the sfpd also says it's running undercover operations here as well. reporting in sfrirks jean elle, nbc bay area news. just ahead now, she didn't like what was happening at the office, so tonight she's blowing the whistle. >> i consider it abuse of power, abuse of taxpayer funds, abuse of the trust that families put in us. >> and what she's calling attention to is costing bay area taxpayers hundreds of millions of dollars. bedbugs are disgusting enough, but now they're becoming dangerous. the microscopic differences

turning some bedbugs into killers. the navy s.e.a.l.s took down osama bin laden, but this one tonight in trouble for trying to take down a stranger on the las vegas strip. and good evening. i'm chief meteorologist jeff ranieri. we started with fog earlier today. so temperatures really couldn't warm up too much. only 64 in san jose and 57 in san francisco. we'll have more fog tonight but we're talking about some bigger issues for the weekend. i'll have details on when rain returns, coming up. and a product made for women. balding hr for balding men. what happens when they rub a popular beauty treatment on

surveillance video of a navy s.e.a.l.'s violent rampage on the las vegas strip. 23-year-old luke sholley is accused of attacking eight people with a three-foot pipe. it happened in march of last year. the attacks, captured on surveillance cameras across the vegas strip. police say the attacks were unprovoked. the victims were random. sholley admits to drinking eight cocktails that night with friends.

then at 3:30 in the morning with his friends gone he suddenly lost his cool, attacking anyone in his path. sholley is facing 15 felony counts. his attorney claims that his drink was spiked that night with a drug which caused him to act violently. he's still on active duty. he's stationed down south in coronado. well, they are among the state's most vulnerable. the disabled. and tonight a bay area woman says she's trying to shine the spotlight on what she says is an abuse of power. she's a whistleblower who claims that a huge non-profit agency is wasting taxpayer dollars used to care for thousands of disabled adults and children. now, the agency denies those allegations. tonight, though, we go in depth and we follow the money. >> reporter: a non-descript building in campbell is home to a little-known non-profit called the san andreas regional center. it may not be a household name, but it helps to provide services to 14,000 disabled adults and children in four counties,

including santa clara. one of the thousands of people who receives help from san andreas is sophia gonzales flomate. >> i'm not able to walk. i have cerebral palsy. >> reporter: the regional center is fully funded by the state and receives a huge amount of money from california taxpayers. more than $276 million in 2009 according to tax documents. but a current employee claims she's now blowing the whistle on this non-profit. >> it's extremely frustrating because i feel like i'm trying to right several wrongs. >> reporter: we've disguised her identity because she fears retaliation. >> i consider it abuse of power, abuse of taxpayer funds, abuse of the trust that families put in us. >> reporter: she claims top executives at san andreas give preferential treatment and sweetheart deals to certain vendors that are contracted out to care for disabled adults and children. >> there are vendors who are friends of upper management who

are paid much, much more than the other vendors. >> reporter: one agency she singles out is hope services. >> hope is our largest vendor. >> reporter: she claims in the case of sophia hope services was paid $11,000 a month to care for her. but the current vendor, which also receives funding from san andreas, says she receives about $1,000 less a month and she provides care for sophia and her infant son whereas hope only cared for sophia. >> it's not a level playing field. and it's becoming more and more of a challenge. >> reporter: kim dodd is the executive director of trinity change, the non-profit that now handles sophia's case. >> there is a sense that if an agency is large and is well established that they can get preferential treatment from the regional centers. >> reporter: the whistleblower we spoke with says she filed a formal complaint making these allegations with the department of developmental services. that's the state agency in charge of overseeing san andreas regional center and other facilities like it. >> but they have not done a

thing since october. >> reporter: we contacted dds to find out the status of their investigation, but they wouldn't talk. they say their cases are confidential. we also wanted to talk to san andreas regional center on camera to address these allegations. now, they initially accepted, but then abruptly canceled hours before our scheduled interview, citing confidentiality concerns. in a written statement the executive director explained that vendors may be paid different amounts based on differences in programs and projected costs. also he said, "there are service categories that are set by each individual regional center through negotiations with the provider." but dodd says that never happened with her non-profit. she wasn't able to negotiate. >> so when i went in with my proposal for what i wanted our rates to be, i was told no and you can have this rate, take it or leave it. >> reporter: san andreas's executive director also addressed the allegations of different pay for the same services, saying, "a difference

of several thousand dollars a month for the same service provided by different entities would seem very unlikely to me, given the rate setting process." the organization says it bases its rate of pay and choice of vendor on patient needs, not facility relationships. regardless, no one will dispute that quality care for sophia and thousands of others is necessary. but the whistleblower says it's also necessary to make sure that that care doesn't come at unnecessary cost. >> i want fairness and equity. i want justice for the 14,000 consumers that we serve at san andreas. >> now, the whistleblower also met with state senator elaine alquist and requested a meeting with governor jerry brown. you can go to our website, nbcbayarea.com to read the entire center san andreas regional center provided us. this may make your skin crawl a little especially if

you're in the south bay. bedbugs are on the rise. health officials say the blood-sucking parasites are increasing dramatically in santa clara county. also new research suggests that bedbugs could be carriers of superbugs, or drug-resistant bacteria. these so-called superbugs are resistant to several antibiotics and can be deadly if they get through the skin and into the bloodstream. health officials predict bedbug infestations could hit a high in the next several months nationwide. how can you safeguard yourself? here are a few tips. experts say reduce clutter, keep bags off the floor, wash your clothes, and make sure you put them in a hot dryer. ooh. you can stop itching now. >> i've got the itchies everywhere. >> jeff ranieri, are you with us here? >> yeah, i'm feeling it. that story always comes before weather. >> creepy. >> i know. what are they telling you? >> my sheets are clean. okay? i'm just saying that for the record. let's go ahead here and take a look at today's highs. we did have some warm weather down in the south bay. almaden valley with 71.

gilroy 74. livermore 63. and also low 60s right at the peninsula and 59 in san francisco. some of us did warm up today. where that fog did clear out quicker in the south bay. otherwise, right now everyone pretty much in the 50s here on the weather boards. throughout tonight we'll see some patchy fog, we'll start out chilly with a lot of 40s inland, and we'll see a little bit of warming on thursday. this is what you really want to key in on. ahead in the weekend forecast we're not only talking about the chance of rain. much colder temperatures and also the possibility of thunderstorms. as for the next 48 hours, it is that fog pattern that most of you will notice in the morning and evening hours. we'll see a few 70s inland for thursday. and by friday that colder system will be just offshore. so i thought i'd pull up the rainfall forecast here and you can see 11:00 a.m. saturday the rain starts to build offshore. then as we head throughout saturday evening we'll have a chance of showers. nothing heavy expected at this point. but by sunday morning that's when some of the forecasts are picking up on some intensity here that actually could produce a little bit of thunderstorm activity.

of course we know bay to breakers is happening then. temperatures will be in the 50s. a little bit of wind, too, so it's going to be a cool and wet one out there in san francisco. and even the chance of showers lingering into sunday afternoon. not a large storm system by our standards, but certainly out of care for this time of the year. of course you can always get more on this on nbcbayarea.com. i'm always posting updates. meanwhile be, as we head through tomorrow morning we'll look at upper 40s and low 50s and also that patchy fog for the coastline and the peninsula. and for thursday we'll clear out from that fog quicker at this point, it looks like. so we'll have more sunshine. temperatures will be a little le bit warmer with upper 60s and low 70s in the south bay. for the peninsula 65 in san mateo, 67 in redwood city and 64 in san francisco. and as we head inland, we will look at fairfield 73, san ramon in the east bay 68. also alamo looking at near 70. 69 in novato, 70 in santa rosa, and 70 in lakeport. doing any traveling? the weather channel on cable has a great travel section on their website. otherwise, in our seven-day

forecast, saturday a slight chance of some showers in the evening, but it's sunday in the morning hours where we could see that isolated chance here at thunderstorms and mid 60s. so if you're heading to bay to breakers, i'm just warning you now, get creative with the outfits. i'm sure -- >> you need to tell them to get creative? >> exactly. state the obvious. people can come up with something, you know. or maybe nothing at all. >> yes. go as a bedbug. >> how about this one? we might need this coming up.

men are now using a little-known

trick to treat thinning hair.

stay with us. latise was approved by the fda in 2008 to make skimpy eyelashes thick sxwrer longer. >> but a hair restoration specialist in florida had a different idea. he decided to test it on a dozen of his patients to regrow thinning hair. >> and what we're seeing is that the hairs over time reverse. meaning they get thicker, darker, stronger. and week by week it goes up to a point and basically plateaus. >> he's got a head of hair. >> his hair looks great. the small group of patients dr. bowman is treating he's seen zero side effects. but the big concern is the catch. right now it's about $150 for a bottle which lasts about three weeks. allergen, the manufacturer of latisse is conducting clinical trials of its own for scalp hair growth and seek fda approval. another giants back, d ns tryns to get some zen

rest tonight with the team on

the brink of either glory or disaster. good evening. one-run games have been the specialty this homestand for the giants. tomorrow is a day game finale with arizona before the giants head out on a seven-game road trip. but tonight the lads ready to sit in the proper order. they rally bottom five. this aubrey huff solo shot to right ties the game at 3. it's huff's fourth homer of the year. and then very next inning andres torres stepping up with two outs and miguel tejada on third. and ripping a ground rule double that gives the giants the lead,

helping jonathan sanchez to a win with torres making a big difference in his second game back since coming off the dl. brian wilson works the ninth for save number 12. it's torres running down the final out for the giants. fifth straight win. 4-3 they beat the d'backs. >> it feels great. you know, being here with my teammate, being with the team. like i said, these kind of things happen. what you heard. i was trying to get better. thanks god i'm here now. and i'm glad to be here back. and i'm healthy. >> torres and the b-bonds recliner. the a's in texas wrapping up a three-game set with the rangers in oakland. grand slam to mitch moreland. part of a seven-run inning. but there would be a silver lining in the dark clouds. rain delay in the fourth and over two hours later they called the game. since there wasn't enough of it to be official, the stats don't count. so the worst inning of geo's career erased as if something never happened.

something the a's wish never happened is the shoulder tear suffered by dallas braden. now he's likely done for the season. monday braden will undergo shoulder surgery. there's a tear in his throwing shoulder causing him considerable pain. the doctors that performed the similar surgery on the mets' johan santana will be doing braden's surgery. shark fans-l you be able to sleep tonight? nerves are frayed with folks wondering will the sharks rebound tomorrow or will this be the biggest meltdown in team history? having won their first three games in the series against the red wings they've since lost the past three and thus it comes down to a decisive game 7 tomorrow at the tank. antti niemi has been cool under fire and you want to think the sharks have the edge in goal, but detroit has a very mentally tough team with pride and experience. they can pull this off. the sharks, though, they have a night to sleep on it. >> our game 7s are a lot of fun. just in front of our home fabz. it's going to be a great

atmosphere. we're looking for to it. >> pick any cliche you want. we're ready to go. we believe in each other. that's probably the most important part. we're going to lean on each other through this. we believe in this locker room. and we're going to find a way to pull this one out. >> lean on me when you're not strong. and joe's right. game 7 -- >> lean on me.

>> jessica still believes. >> yes, i do. i believe. we'll be right back. at bank of america, we've been fueling economic growth here for over a century. today, we're investing in innovations that will define our future. every day, we're working to help set opportunity in motion. from financing a solar project for the milpitas school district to funding the institute at golden gate.

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chihuahua. i am a target pharmacist. ask me about allergy relief. okay, doctors told a salinas couple that their newborn baby was going to be big, maybe ten pounds. turns out the not so little guy came out weighing 14 pounds. yes, this is matthew anthony maldonado. he looks like he's four months old. after two days of labor young matthew came into the world weighing 14 pounds six ounces. the delivery eventually a c section. why they didtait i'm not sure. matthew is believed to be one of california. nothing caum