month by three unaltered family pit bulls that caused him to act. >> all of us were horrified by the mauling and death of that young child. as soon as i heard that, i said whatever i doon in santa clara county to make sure that such a tragedy doesn't happen again, i want to do. >> reporter: yeager says most significant dog bite episodes involve multiple dogs living together that have not been fixed. the new measure would specifically target pit bulls which is a mistake according to dog breeders and handlers who spoke out against the america. >> if you think dog mauling is only because of one breed or another, you're sadly mistaken. >> reporter: chris crawford trains pit bulls as rescue dogs and says the problem is with the owners. >> unfortunately, a lot of bad people like to own this type breed and the breed is a victim. >> reporter: he will senator a one-year-old pit bull at humane society silicon valley and is up for adoption, healthy, friendly, calm, possibly because she is already neutered which tends to make any dog less aggressive. >> the humane society of silicon valley is always in favor of spaying and knew the

toring neutering all types of dogs due to the health and behavioral, well-being of the animal. >> not all are done by pit bulls. so we won't be taking care of 100% of the problem but if it's the largest problem that we can begin to resolve, we should take that action i think. >> reporter: santa clara county's ordinance will be based on a law that was enacted in san francisco in 2006. allen that law apparently has been very successful taking the population of pit bulls down at the san francisco animal shelter from two-thirds the population in 2006 to about one quarter what it is now. so they will basically be working on this ordinance in santa clara county now and anyone found to have a pit bull that's unaltered will be given a fix-it ticket to have their dog spayed or neutered and then if that dog is not altered in some way, then they will come back and possibly give them

another citation, a larger fine or even take the animal ataxiway. >> len, i'm wonder about enforcement. would someone turn in the neighbor? >> reporter: that's the big question right now that remains to be seen, whether animal control officers will be driving around looking for pit bulls and checking them or only animals they come into contact with. there is a lot of public input before the law is enacted. you will hear more about that i'm sure. >> thank you, len ramirez. it is now one year since 6- year-old fremont boy went missing. there is still no sign of hasanni campbell and still no arrests. but there is a prime suspect police still have their sights on. don knapp is in oakland, where people are trying to raise more awareness about the hasanni campbell case. don. >> reporter: that's right, allen. one year ago as you recall, police suggested they had the case wrapped up but a year later they don't have the body or anyone in custody. reporter: these are some of the folks who over the past

year held vigils, did searches and fundraisers. they have come to meet with the chief deputy district attorney to see if they can get things moving again. >> we would like to know if there is anything we can do to help with the search for hasanni. >> reporter: he was reported missing a year ago today by foster father louis ross and an aunt who is also his foster mother, jennifer campbell. it's still classified as a missing person's case. louis ross is our primary suspects. campbell and ross met with reporters after he was reported missing. >> i couldn't love him any more than if i had given birth to him. we love him with all our hearts. >> this is not just a situation they are just sitting back and collecting money having this kid that we didn't want. no, we fought every step of the way for him. >> reporter: by late august police decided they were

suspects in the case. >> i want to clarify, this is not a missing persons case anymore. this is a homicide investigation. and we are talking to the people responsible. >> reporter: campbell and ross were jailed on murder-related charges but the case hit the wall. police may have been trying to get jennifer to give them information on louis, but it didn't work. with no body, no witnesses, no hard evidence, the couple was released. an attorney advised but did not represent them: >> i always thought what the police did was the wrong tactic. there was no basis upon which to arrest either of them. and it certainly caused them to be more united. >> reporter: in january, campbell and ross moved away from the bay area and later separated. she is believed living in arizona, he may be in maryland. an acting lieutenant says he is stilling on the case. >> ross is obviously not being forthright. as i believe he is the suspect and hasanni campbell met foul play at his hands. >> reporter: coming out of the

meeting with the d.a., sherry told me he tossed the ball back to her saying raise the profile of the case, go national if you have to. so she will. don knapp, cbs 5. other bay area headlines. san francisco police arrested an 18-year-old in the deadly shooting of a german tourist. it happened sunday night near union square. police say two groups of young people started shooting at each other outside an end of summer party for teenagers. a stray bullet hit mechthild schroeer in the head. she died instantly. she and her husband were celebrating their anniversary in the bay area. he left san francisco last night. in el sobrante, police are trying to catch whoever is behind graffiti found at de anza high school. this was discovered on saturday where someone painted swastikas and the words "white power" on the football field and traffic. the word pinole was painted. the district acknowledges the school has a friendly sports

rivalry with pinole high school. so far no suspects. police are investigating it as a hate crime. there was a fire at an alameda pier this morning at 4:30 on a wooden pier. the flames could be seen from oakland. alameda firefighters contained them in about an hour. they had some help from the san francisco fire boat. that fire destroyed about 100 feet of the pier. no ships were docked there at the time. could be any day this week when we learn whether same-sex marriages will resume here in california. the federal judge who struck down prop 8 must still decide whether to put a stay on his ruling while the appeals process moves forward. but if he allows marriages to resume, linda yee shows us one couple is ready to go in san francisco. linda. >> reporter: well, allen, all is quiet now here but six years ago, this rotunda was still filled with people getting married. they are hoping it will happen again including one couple who has been staking out city hall

for the last two days just in case. reporter: this could be the best or the worst day of his life. but eric ross is preparing for either. ross brought his fiancee his wedding shoes. >> get ready. >> reporter: like many gay and lesbian couples, they are excited and hopeful the ban on same-sex marriage will be lifted. ross has spent the last two days at city hall hoping for good news, waiting in line, asking questions. >> i was wondering how to go forward for applying for a license. >> once the stay is lifted then we'll able to give you information on the process of how to get married. >> reporter: it's not easy making rounds through the marriage ceremony bureaucracy. >> sometimes i'm being told they can't give out any

information regardless of the stay being lifted or not. just saying we don't know processes or procedures. you have to wait until you hair. >> reporter: there is an urge for ross and his fiancee to marry as soon as the ban is lifted. >> this is my downloaded marriage certificate and we have the two rings here, as well. went shopping this weekend. if the stay is lifted today, we want to make sure we can get in and get married in case another stay gets back on or gets reversed. we want to have the legal protections when they're available. >> reporter: so he waits and checks text messages from a wide network of friends keeping him posted on the legal moves. ross can't help but notice all the happiness around him at city hall. >> it's a little bit sad. i'm happy for the couples, of course, wouldn't want to take it away from anybody else but it's kind of sad to kind of see everybody else enjoy something you can't have. >> reporter: waiting is painful

and lonely for happily ever after and you can see eric ross is still behind me sitting here and waiting. now, city offices will remain open if and when the judge lifts the ban. in san francisco, linda yee, cbs 5. well, jack daniels gets another shot. how the bay area's kidnapped kitty was tracked down all the way to new york city. >> he swore at a passenger. >> some call him a hero. a flight attendant flips out on the plane's p.a. system, too, and you won't believe what happened next. how about mcrage? what caused one woman to lose her cool at a mcdonald's drive through. ,,,, [ female announcer ] jobs leaving.

a budget disaster. california on the brink. jerry brown's plan? you run for office and the assumption is, oh, i know what to do. you don't. i didn't have a plan for california. [ female announcer ] with our state in crisis, we need a governor with a plan. you need a real plan, something i'll acknowledge i did not have. [ female announcer ] jerry brown. no plan then. no plan now. meg whitman. a plan for jobs. log on. learn more. na somhin[ be din ]an for jobs. crowe pia! aul! buzz] [ ow aounc ] nothers rebaropizzby t sli. unlievly gd pia fr theicrove. d ban. brinhomehat zzer tas.

stolen a year ago in the bay area is back home after a oss-country odyssey. all right. raise a glass to jack daniels. a kitten stolen a year ago from the bay area is back home after a cross-country odyssey. jack was found wandering the streets of new york city and returned to san francisco today. don ford on how he was identified. >> reporter: the case of the missing cat named jack daniels stolen from the san francisco spca a long time ago and now the mystery is partially solved. >> the animal was picked up as a stray in new york city by

animal control and they scanned that animal and found a chip in jack daniels, and they were able to trace him back to the san francisco spca. >> reporter: if you have ever wondered if you should put a clip into your pet, consider this. jack daniels was found in new york 3,000 miles way after being missing for a year. no one knows how he got to new york. but with the help of jetblue airlines and volunteer leanne, he arrived home safe and sound. >> i wanted to see jack daniels here safely and i wouldn't have been happy if i couldn't have been the one to make sure he did arrive here safely. i fell in love with him when he saw him. >> reporter: the chip that made this possible is tiny. the size of a grain of rice. it's injected under the animal skin with this needle. once in, it never comes out. jack daniels is lucky. >> some shelters have too many cats and use euthanasia. in this case it definitely saved jack's life. >> reporter: in san francisco,

don ford, cbs 5. a warning to drivers who talk on the cell phone without a hands-free device today. they are looking for you. the chp is cracking down in a zero tolerance campaign in the bay area. they say that cell phone use is the leading cause of distracted driving accidents across california. anyone caught talking on texting on a cell phone while driving could be fined $200. students going back to school in vacaville this week are being offered free rides. city coach the city's public transit system is offering students free rides from thursday august 12 to friday august 20. parents and guardians can ride free with them. the vacaville unified school district eliminated public transportation for students. people killed in a plane crash. we'll tell how was on board. caffeine, sushi, now diet soft drinks? the risk to pregnant women. and she signed up for

directv but faced a whopping fee when she tried to cancel. how some people are fighting back against that satellite company. in the weather center it's been amazing, temperatures still averaging 13 degrees below normal. this is the reason why. deep marine layer continues to affect the city by the bay. how it affects your neighborhood as eyewitness news continues right here on cbs 5. ,,,,,,,,,,,,,,

calories, it may also increase there is a warning tonight for expectant mothers. while sipping on diet soda may cut down calories, it may increase your risk for premature delivery. researchers conducted a study with 60,000 women in denmark. now, results showed those who had at least one serving of diet soda a day were 38% more likely to give birth early. and for women who drank up to four diet sodas a day, premature birth, well, they

shot up to 80%. researchers say that soft drinks no matter whether they are sweetened by sugar or artificial sweeteners are linked to high blood pressure which increases the risk of pre- term delivery. the nation's largest satellite tv service is getting some static from consumers who now logged 40,000 complaints against directv. on the better business bureau's website, that is. linda yee on the consumerwatch today with why people are so upset. reporter: she thought she was getting a good deal when she signed u for directv. she thought she would be paying $40 a month for satellite service but her first bill was more than twice that. >> we were surprised when we saw the bill. it had doubled. >> reporter: in large part because of a slew of extra fees. for leasing equipment, special features, and programming packages. her son says when his mother tried to cancel, she was told she would have to pay a big

termination fee. >> she tried, my brother tried. he was really upset. they couldn't do anything about it because we signed the two- year contract. >> reporter: and that standard two-year contract often catches customers by surprise. todd foreman of consumer watchdog. >> directv is charging up to $480 for a termination fee. >> reporter: it's the fee and how they get the money. >> all charges can be billed to your credit card or debit card on file at any time. so people cancel and get a thing in the mail that says you owe us $300 and if they don't pay it's taken from their bank accounts. >> reporter: those cancellation policies have prompted several class action lawsuits now winding their way through the courts. >> get directv. >> reporter: directv's pricing may also be a problem. officials in florida are suing the company claiming ads that quote prices as low as $29 a month are misleading. in a statement to cbs 5,

directv says customers are fully informed of prices and policies before they sign their contracts. after cbs 5 got involved, directv offered to give the family a $240 credit or allow them to cancel at no cost. linda yee, cbs 5 consumerwatch. and if you have a consumer problem or question, call our consumer hotline 1-888-5-helps- u. we can't get a refund on the weather because we don't pay anything for it. >> i don't want a refund! >> i like this way. >> i live inland. >> that's perfect. >> it's been perfect because we haven't had to fire up the air conditioner and also the air quality has been amazing. the visibility unlimited. and also, the fire danger has been down. if you live in san jose, their temperature right now is 73 but typically you should be experiencing 84 degrees. but notice the wall-to-wall clarity. the abundance of sunshine and northwest breeze of 14 miles per hour but this is what allen

was talking about. >> if you are going to be out and about this evening, you are going to be going to the giants baseball game? see all these clouds stacked up next to the coast trying to finger its way under the golden gate bridge? it will be moving in tonight for that giants baseball action in the city of san francisco right now 57 degrees. southwest breeze fluctuating along the peninsula up to 22 miles per hour. morgan hill in the low 70s. temperatures right now from the 50s, 60s, 70s through the 80s. but if you will be at that baseball game tim lincecum on the mound for the good guys, the cubs in town, temperature right around 57, 58 degrees. otherwise your evening plans with official sundown at 8:08. we do have the clouds at the coast into the bay. widespread low clouds and fog. marine layer 2500 feet deep which means drizzle all the way into the bay in the overnight hours.

for the morning commute, some of that drizzle will make its way towards the dublin grade and then the clouds retreat back to the bayside with no clearing at the ocean. tonight with the blanket of clouds temperature-wise in the 50s, otherwise tomorrow's daytime high temperatures will be the coolest of the workweek. 50s, 60s beaches to only low 80s inland, 73 in napa. the extended forecast, warmest day this week will be on friday. we'll peak with our temperatures on monday. then begin to slide ever so slightly downward. that's the pinpoint forecast. hang out, stay with us. we'll be right back. ,, ,,,,,,,,,,,,,,,,

republican in senate history, is former alaska senator ted stevens the longest serving republican in senate history is dead. he and four other people were killed when their small float plane crashed into a remote mountainside in alaska in bad weather. the group was apparently on a fishin trip. former nasa head sean o'keefe. he survived with his son on two other people. ted stevens, 86 years old. here's a story that people are talking about all over the country. his facebook page in fact is flooded. he has 46,000 fans. many of them applauding steven slater's flamboyant exit from his job. manuel gallegus on what caused this flight attendant to flip out. reporter: steven slater didn't seem so hot headed while

in police custody. he pled not guilty to recklessening dangerment, criminal mischief and trespassing for his alleged actions aboard jetblue flight 1052. >> he swore at a passenger. >> reporter: slater's attorney says the trouble on monday's flight started in pittsburg when two female passengers fought over space in the overhead compartments. >> came over to assist. she started cursing and slams the overhead bin on his head. >> reporter: once on the ground in new york, the same passenger reportedly cursed out slater when she couldn't get her bag right away. passengers say slater then got on the plane's p.a. system and said to the passenger who called me a blank, blank, blank you. he then said that's it. i'm done. with that, he opened the exit door, deployed the plane's evacuated slide, grabbed two beers and jumped. >> everybody has a bad day and fantasizes about telling the boss, take this job and shove it but you don't want to get arrested. >> reporter: it was no joke here at slater's arraignment. the d.a.

told the judge slater could have injured or killed a member of the ground crew by deploying that powerful slide. on the internet, slater's outburst struck a chord. message on his facebook page include, way to go and you are my new hero. a friend of slater's said he has been under a lot of stress because his mother has cancer. >> he has been a great neighbor and coming back and forth he takes care of his mother a lot. >> reporter: slater could face 7 years if convicted. manuel gallegus, cbs 2 news. a mcdonald's customers wasn't loving it when she couldn't get her chicken mcnuggets. this is newly released video from 6:30 a.m. new year's day. melody ordered mcnuggets at the drive through in toledo ohio. they were only serving breakfast. they got the window closed on her after she punched them. she tried to break the window, smashed the glass, looks to be a beer bottle. she was charged with felony

vandalism and ordered to stay away from that particular mcdonald's. we'll be right back. ,,,,,, "meg whitman says she'll run california like her company..." seen this attack on meg whitman? who are these people? they're the unions and special interests behind jerry brown.

they want jerry brown because, he won't "rock the boat," in sacramento. he'll be the same as he ever was. high taxes. lost jobs. big pensions for state employees. the special interests have chosen their governor. how about you?

the city of san francisco called it organic compost. cr here's what we're working on for eyewitness news at 6:00. the city of san francisco called it organic compost. critics called it toxic sludge. well, now months after the free compost giveaway, the findings of a new toxin test and what the epa says about it. >> it's a spectacular show in the sky every year here in the bay area. when is the best time to catch the upcoming perseid meteor shower? that and more at 6:00. >> thank you. he is a baby daddy, former fiance, playgirl pinup. now levi johnston apparently wants to be a politician? why not. his manager confirms a report that 20-year-old father of sarah palin's grandson is planning to run for city office in his hometown of wasilla, alaska.