. there is no toilet in my mind that judge walker is going to say that prop 8 should be thrown out. the decision is coming tomorrow. why that legal experts so sure. an oakland neighborhood considering extra security in response to extra layoffs. why some say protection is right next door. >> a lot say moms should do it. the problems that keep them from breast feeding, and the problems with it. >> you learned some details on youtube. >> the news you can see on an east bay corner. the news starts now. >> cbs5 eyewitness news. major ruling w on . >> good evening, i'm allen martin. a federal judge will make a major ruling public tomorrow. u.s. district judge vaughn walk service going to relace his decision on whether the state's ban on same-sex marriage

vacation lights the constitution. robert lyles with what both sides expect tomorrow. >> the judge's decision is expected sometime between 1 and 3:00 in the afternoon and at this hour it's still unknown how he will rule but cbs5 did speak with a legal scholar tonight who says he has monitored this trial since opening arguments and believes the judge will rule that california cannot ban same-sex marriage. >> and there is no doubt in my mind that judge walker is going to say that prop 8 should be thrown out. >> reporter: peter keen of golden gate university's law school says that's because same- sex marriage has again rated the same legal questions as the landmark brown versus board of education case in which the supreme court ruled it was a denial of the 14th amendment to have segregated education. >> i would be very surprised, based upon what i saw of the trial and based upon what i saw of the interaction of judge walker, particularly in the

closing arguments to have lawyers, if judge walker did not say that it's a violation of the 14th amendment, equal protection, to not allow gay people to marry. >> stewart gaffney hopes dean keen is right. >> we have all been on pins and needles waiting for this ruling. >> reporter: he and his spouse john lewis sued back in 2004 when california overturned same- sex marriages approved by mayor gavin newsom. their case went to the state's supreme court. >> most couples can go to a judge and get married again. less by an and gay couples have to go to court timonen to win just the basic freedom to marry but what is unique about this lawsuit is it's the first time that the arguments for and against the fundamental freedom to marry are being put to the test of evidence. >> reporter: that's important because both sides have already said they'll appeal regardless of how judge walker rules. but judge walker's allowance of

testimony makes an appeal by same-sex advocates that much easier. >> well now they have gay people who have testified and said "we see ourselves and second class citizens." whatever the ninth circuit does is really academic. ultimately this case is gonna wind up before the supreme court of the united states. >> reporter: now judge walker goes on, i should say the legal experts go on to say if judge walker declares that prop # is unconstitutional but does not issue a stay then same-sex marriages can resume, the state would even allow those marriages previously deemed invalid to be valid. if he issues a stay then that means that no marriage can continue until all appeals have been exhausted. and, finally, if the judge determines that prop 8 is constitutional then the ban on same-sex marriage continues here in california. allen? >> so in the meantime robert, you say the couples that did

marry, they are waiting on hold. >> robert lyles in oakland, thank you so much. i want you to stay with cbs5 and cbs5.com for complete coverage of that ruling. we're gonna have details as well as reaction. >> well tonight was national night out, a chance for people in every neighborhood to show unity in the fight against crime and drugs. as kiet do shows us one oakland neighborhood is considering something extra for its safety. . >> reporter: it is national night out in the city of oakland and they can't help but think about the other 364 days a year. >> burglaries are up and car crimes are up. >> reporter: roger brett is the closest thing there is to a mayor in this excluded area of the oakland hills, he says crime has gone up ever since they laid off 80 police officers last month. lately there's been a lot of talk amongmont claire residents about chipping in and paying for their own private security patrols. they are in the early discussion stages but nothing

has been taken off the table. >> i would suspect you would hear that from other people. it's not a no, it's not a yes, because there is a lot to learn about it. >> hello all brans. >> reporter: at an event to kick off national night out oakland police chief anthony bass says over all crime is down. he says neighbors are free to hire private security guards but they should do it for the right reasons. >> i think security has a role to play but i hope they are not doing that because they are afraid and think that we're losing control. >> reporter: we've got channel 5 here. >> reporter: council member jean klein who overseesmont claire questions the security of guards saying nothing beats the old fashioned crime fighting tactic of getting to know your neighbor. >> reporter: how do you manning the fear? >> i think a neighborhood like this has very little crime but they also are a very tight neighborhood and look out after each other. >> reporter: with city governments and police departments shrinking who should we turn to for help? as one neighbor said, each other. in oakland, kiet do, cbs5.

. well the feds have indicted a north beach man for allegedly swindle investors out of millions of dollars. argue acceptee viola is charged with several counts of mail fraud, aggravated fraught and i den theft. they gained the trust of investigators at north beach coffee shops and then built them out of $7 million. he allegedly showed them faults moll statements claiming profits but, really, they were losing money. the tracks will be clear for the morning commute after a june i know pacific train jumped the tracks in the east bay. it happened a mile west of the emeryville amtrack station. near the mccarthy maze. this was a freight train, the mess did cause significant delays though in the amtrack service. the south bay investigators want to know why someone decapitated three goats. they were spotted just outside an entrance to the park on sunday. the bodies had been stuffed into boxes, their heads were

nearby. now, investigators are looking for a monthtive. . >> right now we're just trying to figure out if this was some sort of a ritual or someone just really wanted to do harm towards an animal. >> animal control officers are hoping someone jogging in the area may have spotted something unusual that day. >> they call it the biggest hall of counterfeit goods on the west coast. it happened in one of san francisco's prime tourist shopping areas. this video shows one of eight raids that federal agencies staged at shops around fisherman's wharf. manager chants are accused of selling counter fit designer purses, jeans, glasses, they say if the staff were real it would be worth $100 million. . the challenge posed by counterfeiters is very serious. but i -- ice is equally serious about combating counterfeiting.

>> 11 people were arrested, they face up to 20 years in prison. mexican a passengers are stranded all over california. the airline announcing today it is filing for bankruptcy protection. and it canceled several flights from california airports this week. so now a lot of families have no idea when or how they are getting out of the bay area. we have been here since 3 or 4 in the morning. we would be the first line doing that -- >> not all flights to mexico are canceled so mexicana says it's best to check before you head to the airport. the people who know what is best want new moms to breast feed. how they are making sure it's done and the answers to almost any objection. >> there was an eruption on the sun two days ago and the results about to be seen on earth. we'll explain the ejection. and a group that finds inspiration on youtube has gone

viral it. the technique behind turf dancing. >> and from danielsing it's screaming for ice cream. no, it's not going to heat up for your wednesday but the area that you need to know about the ice cream is coming up next. . >> thousands come here for this tower, this peer, and this bridge. ,, presenting the cadillac "summer's best" sales event. a fantastic opportunity to get a great offer on an all new cadillac srx luxury collection crossover... ..with a bose premium sound system. and an ultra-view sunroof designed to let more summer time in.

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. well doctors say that in most cases breast feed is best for babies but, sometimes, not so great for motors, now one bay area county is trying to get more moms to breast feed. as an notarangelo shows us, in one hospital it's going to be the only option. >> if they seem to be not sleeping. >> reporter: new moms want what's best for their child. >> it is the perfect suit, we're humans designed to drink human milk. >> reporter: just about every mom has heard that. but unless you have been one it comes natural to women. >> when i couldn't i let myself down and i let everybody else around down. >> reporter: moms give up breast feeding because breast milk reduces infections, cancer

and obesity. more babies would be breast fed if their moms had more support. >> reporter: clearly there is a push throughout contra costa county to advocate for breast feeting and they came up with ways to link new moms with a lack takings consultant. during a routine county vita county doctor who suspects there may be problems can call up someone like claudia where a mom can show them the problem. ároll may be smack. the baby is taking, he has his tongue out. >> reporter: claudia and doctor anna mahar explain a hot of women just give up because they are losing weight or a number of other issues. but with this technology they can reach more low-income women who might otherwise click. >> to really help give them the information and support they need to continue on with the hope that they'll breast feed for a longer time given all the medical benefits. >> reporter: lack takings consultant stacey santos says she is starting a year-long

process to be designated as a baby-friendly hospital. the goal is 100% breast feeding. >> no formula or artificial mill is to be given to any baby unless it's medically necessary. >> a mother can decide not to breast feed but it must be her choice. >> there is a lot of controversy. nickey mayor zoney said it is a lot of guilt, now she believes there is a fine line between support and pressure. >> having the hospital step in and say everybody has got to breast feed is a little too strict. >> reporter: both john muir and the county say it's their intention to want to breast feed but the bottom line is to get those bodies fed. there's more help for moms to find out the natural way doesn't come naturally. ann notarangelo, cbs5. a mile beneath the gulf coast that static kill is underway right now, crews are pumping, first it's heavy mudd, eventually it will be cement

going down into that blown-out well. the operation leader says the process is going well, could be completed by tomorrow. but engineers say they really won't know whether it's worked until they can finish a nearby relief well and that could take a few more weeks. all right. we won't get to see it but tonight and tomorrow the northern skies could be filled with a very spectacular right show. two days ago the sun's surface erupted. call ate cornell massey injection when highly charged particles each the field they light up. sheets of green and red. it's the lights, aurora borealis, they will be visible across the northern states but canada an alaska will get the best show. like you said earlier roberta, we couldn't see because have the fog. >> if we could see it we still wouldn't see it. make sense? >> we wouldn't be able to see it because have the low clouds and fog. work with me here. all right. what a spectacular scene in the sky. there you have it.

>> inundating the bay today. in san francisco it reached 62 degrees when the average high was 69 degrees. warm spot livermore, 19, what you can bank on now as you head on out the door for your morning community. they will be encountering skies. the marine layer will experience some drizzling. this is it. a very deep marine layer that is extensive. at least a good 50 to 70 miles inland, in fact official sunrise is at 6:50, we're not going to be able to see it due to the low cloud. get a retreat back to the coast. no clearing is anticipated a long the sea shore. it's because of this trough. it's gone nowhere, hanging over the state of california. and forcing that marine layer and even compressing it. so tonight already picking autopsy little bit of condensation along the sea shore, temperatures in the 50s, tomorrow with a wind over 20 miles per hour, raw at the

beaches. 50s to low 60s, otherwise 76 in san jose, that's amazing, average high is 85 degrees. down from 91 today to 82 degrees tomorrow, and throughout the tri-valley, 83 in antioch. 65 in oakland. one of my favorite things all year long, the a's root beer float day will be out there, serving autopsy root we're floats to you. come on out. a fundraiser for juvenile diabetes. otherwise 76 degrees in sonoma, you want some warmth for that ice cream. not gonna see it. in fact temperatures go down. thursday, what's amazing is friday. incredibly and seize nah blow cool with that very deep marine layer only up to 79 in our inland area. so no dog days of summer at all around here in the bay area. but you want to warm up how about a run tomorrow. >> cbs5 proud sponsor of the jp morgan corporate challenge,

7:00 a.m., embark deer oh, be there. 7,000 people there tomorrow so plan accordingly for your traffic too. >> save your scooping rays. >> i get -- >> root beer float. >> you got form. >> she has got form. watch out she will flick it at you. it's not just dance and not just street performing either. . >> an intro to turf dancing and look where the performers get their moves? ak dancing? remember . >> pinpoint weather is sponsored by pg&e, working to create a energy-rich california. ,,,,,,,,,,

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. eyewitness news is brought to you by the lexus golden opportunity sales event now through september 7th most o . all right. you remember break dancing? remember popping? some of the most original dancing is started in the streets. now there's turf. it began in oakland and as joe vazquez shows us it has gone viral. ♪[ music ] >> we've got a lot of following from outside of the united states, like from europe, brazil, russia. >> dancing on the corner of 90th and mcarthur in oakland

won't uricly make you famous but dancing this good in a vicly produced video on youtube has vaulted this group of young men to viral status online. the video of dancing in the rain was a tribute to one of the dancer's friends who was killed in a car crash on this corner. the sheer elegance of the street art has gardenered this video more than 300,000 hits. . people globally are respond to go the bodies moving in a way that fits with the music and fits with the environment. in a way that people are just very in awe. >> this style of dance born in oakland is called turf. >> here we've got d rail who is featured in the rain video doing some glides and clips. >> reporter: turf stands for taking up room on the floor. it features inspirations from many other forms from ballet to

hiphop. from break dancing to -- >> oh bone break is one of the more flashy movements of surfing, it really looks like they are breaking their bones. >> there's even an egyptian influence. >> it is called tutting,. >> reporter: like king tut. >> like cunning tut. >> they are promoted by youth uprising, helping young people build a better future. here they have a chance to be inspired by chinese acrobatics and all sorts of other dances on youtube, the same video platform that is gaining them international notoriety. their video is big in south america and europe and has been for months. now it's getting attention state-side. >> people are saying this is one of the best dam videos they have ever seen, some say they watch it every morning when they wake up. >> reporter: they hope to take tur having to an international competition. today their turf is oakland, tomorrow the world.

joe vazquez, cbs5. >> all right. all those short updates really add up. twitter saw its 20 billionth sweet posted over the weekend. those are just row better as the. ha ha. >> no, that was sent by a man in tokyo. four years it reached 10 billion tweets, that was in march. less than five months later it it has doubled. >> which receiver is going to have a better year, haywood bay or crabtree? i'm dennis o'donnell. what does this pitcher have in common with juan mary shell, the answer next. (announcer) we all want to stay active. we don't want anything... ...to slow us down. but even in your 30s... ...your bones can begin to change. overtime, you can begin to have bone loss. calcium and vitamin d work together to help keep your bones strong. and yoplait gives you... ...20% of your daily calcium... ...and is the only leading yogurt with vitamin d in every cup.

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done since lyndon johnson was in the oval office.. buster posey smokin' i . a giants pitcher accomplished something tonight that hasn't been done tonight since linden johnson has been in the oval office. buster posey smoking mile high. a hit to right. three more hits, the guy is hitting .356. jonathan sanchez was the subject of trade rumors but some of the best deals are ones that never get made. he struck out the side in the seventh inning. pat burrel tattoos the breaking ball. 5-0 giants after the long ball of the season, that was a brief interlude to the strikeout barrage, he struck out seven in

a row. time juan mary shell's record set in 1964. he had three in the game. giants win 10-0, they are within one game of san diego now in the west. vin mazzaro was not able to pitch the a's fourth consecutive game lasting 6 innings, fourth inning 1-0 royals. but rajai davis, he drives home rajai davis, cliff pennington look at the play, beautiful play to get the outs, but a run comes into score and that's the decisive run, royals win 3-2. second year raiders receiver darrius heyward-bey is ready for a new beginning. he has a new number and a new quarterback, jason campbell. >> for him to be in meetings, get the extra time, you know, he is dedicated to wing. and if your quarterback is like that the team just has to follow. i think we could be great. i mean we're young, we're fast, we're energetic. crabtree who hauled in 48 passes

. >> heyward-bey needs a do-over from last season when he caught 9 passes for 1240 yards, compare that to the 49ers michael crabtree who hauled in 49 passes for 600 yards, so we ask you and you answer, who will have the better season, 58% of the voters on cbs5.com think dhb will have a better one than crabtree. i mean somebody has got to be on purple drinks. top 5, coliseum's latest fan club the cows ma november's were not happy. he struck out t guy on the left wants a refund. mariners and rangers one of the more unique ground rule double plays, the ball gets wedged in the pads and the mariners beat the rangers. number 3, freddy sanchez climbing the ladder to make the catch. >> the leaping catch. >> i tried to jump as high as i can. these guys make fun of me because i have no hop so it was everything i have. >> saved three runs. mark reynolds of the diamondbacks, andrew mccutchen

both thrilled. both got enough of the helmet, they are both doing fine tonight. and your number 1 play of the night, at 36 years old do you think mike rolls can still handle the bag and the glove to pick up the guys to get the outs? and the red sox beat the indians tonight. i'm still stunned over the early results, you can still vote for crabtree or darrius heyward-bey right now. >> wait wait wait. this just in. this just in. >> uh-huh. >> 50:50. >> okay. >> that means three people have voted now. one for 49ers -- >> we'll be right back. ,, da dan: i had a biopsy and i had high-risk prostate cancer. i was depressed. i was shocked. sometimes cancer makes you feel very lonely.

the doctors can do their best to cure the cancer, but it takes all of the other stuff to make you a whole person again. i've been given a second chance. announcer: at sutter health, our story is you. for more stories, visit sutterhealth.org.

known as a fri . >> just in, the try service a tops has gone the way of flew to the planet. he is known as a friendly plant eater, often the victim of the but they think it was maybe a young tar asaurus, the try service tops with a much less pronounced horizon, they think as the beast aged the horizon was absorbed into the skull. crabtree has got 64% of the votes. >> cra