your realtime captioner is linda marie macdonald. caption colorado, l.l.c. a san jose police officer accused of making a fake arrest on the boyfriend of his stepdaughter. what prompted the officer to handcuff the 15-year-old boy. san quentin unveils its new execution chamber while a judge gets ready to decide if california's death penalty is legal. good morning. it's wednesday, september 22. i'm elizabeth wenger. >> i'm sydnie kohara. good morning, everyone. your time is 6:00. let's get a quick check of traffic and weather. gianna, good morning. >> good morning. and to san jose we go. we have our eye on this accident northbound 101 right at story. the good news is they have everything out of lanes offer to the right shoulder. and delays are definitely thinning out through there. second accident reported 680 also in the clear stages.

wind advisory for the bay bridge, give yourself some extra time through there. that's a look at your drive. let's check your fall forecast. here's tracy. >> right. fall forecast! yeah. fall officially arrives later on tonight. temperatures fall-like. 66 in san francisco. 68 degrees in oakland. 71 in fremont. 73 degrees down in san jose. 37 in concord. 57 in livermore and the mid-70s in fairfield, napa and santa rosa. today's temperatures fall like but the weekend, it's summer. the summer that we never had. temperatures near triple-digit highs coming up. yeah, that's going to be in the forecast. i'll see you in just a few minutes. i'll explain that's all coming up. back to you. >> we'll be waiting for that. tracy, thanks very much. gianna thank you. it's 6:01. a san jose police officer is on leave and under investigation this morning. let's go to anne makovec. she's in san jose, where that officer is accused of falsely arresting a teenaged boy. anne, good morning. >> reporter: good morning. three people in hot water this morning. two teenagers for allegedly

having underaged sex, and this officer accused of making a false arrest. he is on administrative leave right now. the officer is the father of the teenaged girl. she is 14 and reportedly had consensual sex with her 15-year- old boyfriend so the officer- father allegedly rode his motorcycle to the boy's house last month in full uniform to call him out. that's where the story splits. the boy's parents told the "mercury news" that the cop put handcuffs on the boy and the cop's lawyer says he just lectured him. the boy's parents then decided to report the incident to the san jose police wondering if that was maybe an abuse of power. that led to their son actually being cited for the sex and the cop's daughter was also cited, according to the "mercury news." and i'm here live now with steve clark, a former prosecutor and current defense attorney. thanks for joining us this morning. >> good morning. >> reporter: you think how this is proceeds depends on the boy's parents. absolutely. what's going to be key here, did this boy's parents consent

to him being scared straight by this officer or was this vigilantism, a police officer take the law into his own hands? when you're a police officer you're always on duty and if you're going to cuff somebody, you have need to have a legitimate reason for doing it. >> reporter: reportedly these parents also have cell phone video of this arrest going on where this boy is allegedly handcuffed. that's probably going to come into play as well? >> absolutely. the witness statements and those cell phone videos are going to be key here and the district attorney will look at that in deciding whether to charge false imprisonment against this police officer. >> reporter: all right. mr. clark, thank you for joining us. we'll talk to you again at 6:30. back to you, sydnie. >> can you ask mr. clark, there were charges filed against both of the children, right? what happens there? i mean, is any of this made public? >> reporter: well, they are minors. that's off the top of my legal brain i suppose. sydnie is wonder, the charges against the teenagers for having sex, that is a misdemeanor? >> it is because of the age of the parties.

it is illegal for two minors to have sex. whether that case goes anywhere is very unlikely i think because neither one of them will testify because they both will be incriminating themselves. i don't think that's going anywhere. >> reporter: the d.a.'s office usually passes on tha prosecution. >> they may get counseling to deter this behavior with you i don't see prosecution. >> thank you, anne makovec in san jose. it has been four years since california has executed a death row inmate. that could change next week. a federal judge says he will decide by friday whether the state can execute albert brown, convicted of the 1980 rape and murder of a 15-year-old girl in riverside county. official at san quentin say the state's refurbished death chamber will be ready for the planned execution next wednesday if judge lifts the moratorium on capital punishments. it was implemented after a judge said the state's lethal injection method caused great

physical pain. for the first time we are getting a look inside the new execution chamber. it sits just outside death row. it's the single story structure. the inside is four times bigger than the old gas chamber. that's according to prison owe in addition. and according to prison officials, more efficient. teenagers, in the north bay and the south bay area facing flown charges for crashes that killed passengers in their cars. the latest on almaden expressway at o'grady drive in south san jose. that's where an suv slammed into a pole and caught fire about 3:00 yesterday morning. an 18-year-old boy was trapped in the burning car and died. more than 200 people gathering last might for a memorial at the scene of the crash. emily childress was the victim's ex-girlfriend. >> everyone needs to learn from this and not just like take it lightly. it's horrible. it's like the biggest tragedy

ever. >> police found 18-year-old mitchell pennings from san jose wandering near the accident scene. he had minor injuries. he is charged with felony dui, fleeing the scene of a crash, and vehicular manslaughter. we have a bump in your morning commute. several streets are closed right now in pleasant hill. crews are out there right now trying to fix a water main break. we have some live pictures to show you. this is a live look at the intersection of morello avenue and kiki drive, where the break was reported about 7:30 last night. this is actually the second water main break in the area in just past eight days. this break is a different segment of the same pipe. as you can see, no cars are being allowed to pass on north and viking drive as crews continue to be out there to fix that problem. 6:06. let's get another check of weather and traffic and gianna, how's the commute looking? >> it's getting busy especially on 580 as you work your way westbound. the usually stuff through the altamont pass. lots of yellow on the sensors.

speeds dipping lower than 40 miles per hour. same case for highway 4 westbound slow and go through antioch from a street towards summerville. give yourself some extra time. i'm going to show you a shop of the upper deck of the bay bridge. we have a wind advisory in effect issued by the chp at 3:00 a.m. that will affect your drive into san francisco and oakland on the lower deck, as well. the bay bridge itself as you approach the toll plaza, the metering lights are still off and you can see traffic is fairly light through that portion. golden gate bridge, not a bad right both directions looking problem-free south 101 good out of marin. that's traffic. here's your forecast. tracy? >> hey, thanks, gianna. out the door this morning, areas of low clouds inland temperatures ranging from the upper 40s to the upper 50s. partly cloudy conditions around the bay with breezy conditions and some low clouds along the coastline. not expecting a lot of fog. we did have a cold front that moved through so that kind of cleaned us out a bit. that's going to leave with us plenty of sunshine today but

also pretty breezy at times. 70 to 78 degrees inland with plenty of sunshine and mild temperatures. mostly sunny and breezy around the bay with temperatures up to the upper 60s and along the coastline 60 to 65 degrees. coming up, we'll take a look at some bay area cities and today's high temperatures in just a few moments. back to you. >> thank you. a border dispute over hamburgers. a neighborhood debate over the opening of a fast-food restaurant in an east bay city. later twitter gets hacked. our cnet correspondent will tell us exactly what happened and how you can protect your social networking account. ,, ,,,,

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(announcer) new icy hot power gel. relief that's icy to dull pain, hot to relax it away. and no mess. new icy hot power gel. don't mess around with pain. good morning. here's a live look at the bay bridge toll plaza. traffic light. slight delays in the cash lanes. we are getting word of a wind advisory. the commute is coming right up. thank you. san francisco is one step closer to expanding the ban on tobacco sales at stores that have pharmacies. that ban would include larger stores such as walgreens, safeway and costco. supervisors have given it initial approval. mayor newsom says he will sign it when it gets to his desk.

it would go into effect 30 days later. but there were not enough votes to overright the mayor's promised veto of a new fee on alcoholic drinks in bars and restaurants. that money would have gone toward alcohol treatment programs. the mayor called it antibusiness. a border war is going on in the east bay and it is all about burgers. there is a plan to build a new in-n-out restaurant in pleasant hill on the city limits with walnut creek on main street. some walnut creek residents to live near the site are worried about congestion from the cars driving through the neighborhood. and they are also worried about garbage and exhaust from the cars lining up for the drive- through. and while pleasant hill could get up to $50,000 a year in taxes, walnut creek residents say their city wouldn't benefit at all. in-n-out says the proposal, though, isn't a done deal and it's willing to incorporate the concerns of the neighbors into site plan revisions. this community debate brings us to our question of the day.

>> and that is, would you mind if a fast-food restaurant opened up near your neighborhood? in-n-out is okay. >> i like in-n-out too. i thought i was the only one who ever ordered a burger, but you say you have a friend that's ordered that, too, off their secret menu. >> she ordered it i think from mcdonald's but it is interesting. you know, i think that it's just a legitimate concern for those neighbors. >> absolutely. >> popular in-n-out burger is. >> and huge lines in the drive through everywhere. >> we'll keep you posted on this debate. send your comments to mornings@cbs5.com. or post your answers on our facebook page. we're also on twitter. >> we are. time now is 6:13. a salary scandal the d.a. calls corruption on steroids. >> the eight current and former city leaders in bell, california sitting in jail right now. a little later we'll have live report on the charges they

face. and what do you face today weather-wise? well, how about sunshine? pretty cool temperatures. a nice day. this is a look outside the bay bridge. nice day already shaping up. we'll take a look at your afternoon highs and triple- digit temperatures, yeah, by the weekend. that's coming up. so i got this new job last week, but their health insurance

doesn't cover my kid's pediatrician. which is not cool. she was so fantastic. she had this sock puppet that she would use to explain exactly what she was doing and why she was doing it. i just wish there was someone to explain to me how i'm going to find another doctor like that. [ male announcer ] we know a good doctor is hard to find. we have some of the largest networks in california so you can choose one that's right for you. blue shield.

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stories: welcome back. it's the usual stuff if you are commuting through antioch this morning. we are seeing lots of yellow on our sensors and some red. 18 miles per hour on that westbound drive as you head between a street and somersville on highway 4. if you're tacking 880 northbound, we still have road construction that's wrapping up supposed to be there until 6:30 a.m. northbound 880 affecting your drive right around high street. we have various lanes closed in the area. so give yourself some extra time. live look at 880 near the oakland coliseum. so far, so good. traffic northbound no delays. southbound looking good. you are going to see extra volume, though, approaching the hayward area. the bay bridge metering lights are still off. you can see we are starting to see a backup in the cash lanes. we do have a wind advisory still in effect for the bay bridge. again, the lights are off at the toll plaza. don't forget if you are headed through san francisco, howard is closed between 3rd and 4th

streets, also mason between ellis an o'farrell due to oracle open world. use mass transit. no delays. that's a check of your traffic. here's tracy with your forecast. >> hey, thanks, gianna. our forecast for today does include quite a bit of sunshine. and with all that sunshine, temperatures today will be just a little warmer. out the door areas of low clouds inland, partly cloudy and breezy conditions around the bay. and low clouds along the coastline. temperatures for the morning will range from the upper 40s to just near 60 degrees. for this afternoon, sunshine, mild temperatures, up to just near 80 degrees. mostly sunny and breezy around the bay with 65 to 68 degrees expected. and from 60 to 65 along the coastline. mostly sunny and breezy. here's a look at our satellite showing a minor frontal system. those are the clouds associated with it pushing in and through the bay area. back behind it that's why we're expecting those breezy

conditions from the coast and the bay today and also why we're expecting plenty of sunshine. 70 degrees in union see if. 72 in milpitas. 73 san jose. 70 degrees in mountain view. 70 in palo alto. and 71 in redwood city. the clouds have cleared out back behind it plenty of sunshine building in. and temperatures today in the upper 70s in antioch and in brentwood. 74 in danville. 73 in walnut creek. and the upper 60s from oakland to san leandro and also in hayward. north bay locations, the 70s in napa, sonoma, petaluma, 69 in novato. 70 degrees in san rafael and san anselmo. 72 in kentfield and 65 sausalito, 66 san francisco. five-day forecast, so today, fall officially arrives later on today, first full day of fall will be tomorrow as things warm up. friday temperatures continue to warm up and by the time we hit the weekend mid-90s expected. monday triple digits, near triple digits 99. that's well inland and mid-70s along the coast. that's a look at your weather.

back up to you. at our topsy-turvy forecast. back up to you. san jose police investigating a complaint against a veteran officer accused of staging a cer fake arrest. he allegedly handcuffed his stepdaughter's 15-year-old boyfriend for having sex with her. a vigil last night for a san jose teen killed in a crash on almaden expressway early yesterday morning. he was riding with another 18- year-old when their suv slammed into a pole and caught fire. the driver is facing felony charges clipping dui. cars will be removed from the san bruno explosion site. victims of the pipeline explosion can get help with insurance issues. representatives of health insurance companies will be available to them from 1:00 p.m. to 5:00 p.m. today at the veterans memorial recreation center on city park way in san bruno. next, the bay area city

that wouldn't distinction of having the worst roads in the country. plus a hack attack o twitter. what happened and what you can do to protect yourself. promise me low prices. and stick to it. likeusly low prices. [ male announcer ] at safeway, we made a promise of low prices. and we're keeping it. [ female announcer ] with club card specials like beef cross rib roast, just $1.99 a pound and crystal geyser water only $3.99. i need to know that when i'm here, the low prices will be too. monday, tuesday, everyday. i'm a big fan of everyday. [ male announcer ] and with thousands of everyday low prices, you'll save all over the store. [ female announcer ] low prices you can count on. at safeway, that's our promise. that's ingredients for life.

later on today, san francisco a nice day expected. 66 degrees with a mix of sun

and clouds. alameda mostly sunny skies and 68 degrees. san ramon, plenty of sunshine at 73. and more sunshine in antioch with temperatures warming up to 78 degrees. nice photo there willie mccovey. coming up, we'll take a look at more bay area cities and today's temperatures and also near triple-digit highs moving back into the forecast. that's coming up. >> thank you. san jose is number one, but in this case, it's actually not a good thing. >> no, not at all. according to a new report, the city has the worst roads in the country. the country! 64% of roads in the san jose metropolitan area are rated in poor condition. that's according to the a national transportation research group trip. four of the five top cities for worst roads in the bay area. they are in concord, and in the san francisco-oakland metropolitan areas tied at 58%. the national average is 24%. oh, just what you need to hear when you get ready to get out

on your commute. >> personally, i think commuters already know it. a fast-moving breach of the popular social networking site twitter put 150 million users at risk of an embarrassing hack yesterday. they didn't have to do anything. brian cooley is with us today and this is scary. i mean, hopefully we can get some advice on how to avoid this or, you know, some sort of immunity. this hacking is scary. >> reporter: this was sneaky. we have video that shows what happened if you got stung by this so here's an example. this is an antivirus company, so if you go to a twitter account in this case, would you find a typical twitter update and so let me show you what one of these looks like and would you mouse over it. no one is clicking. just follow the mouse cursor and as soon as you hover over the twitter update it takes you to another web page in this case a twitter page and hovering over the black area

which is also a hack and goes to another area. >> you're not clicking. >> not downloading, opening anything, none of those things, you didn't have to do it here. you just moused over something so this was used to send people in some cases to some porn sites, to some people to other websites, it could be used to do almost anything and make a pop-up jump up like you see right there. so just by mousing over almost anything can be done. what happened was there was an issue with twitter itself. and they should have had this locked out. they do now. it took them most of yesterday morning to do it. the lesson here is, you couldn't have done anything yourself about this. there was nothing you had to do in terms of antivirus software. this is a thing where sometimes all the good advice i'll give but antivirus and avoiding hacks and exploits, you are still at the whim of websites doing things right inside. >> and the company -- what i think about is if you do online banking and things like this, these hacking incidents are a lot scarier than a few

years ago. >> and they are embarrassing because they are personal sites. >> reporter: if one of these links sends out a tweet from me that sends to you a porn site which is part of what happened yesterday, not from me that i know of, it's really bad. >> what if you're at work and you accidentally run your mouse over something and it goes to a porn site? >> your boss is walking by right then. >> right. >> so because we're in this personal era where everything is coming from us in this social media era, these kind of hacks and exploits can have more of an embarrassing effect as well as perhaps leading you -- >> how do you prevent it? >> in general, notice that link we saw in the mouse over there was weird a big line of odd looking code. >> don't open attachments. >> but you naturally might have moused over it curiously and look what happened it opened. this is one of those, i wish we had a solution on this. for those who are curious, this only happened on the twitter website itself which you can use to work twitter. the third party applications you can install on your phone or your computer that also

operate twitter for you were immune so it's somewhat limited but it was big. >> they fixed it quickly. >> within a few hours. three or four hours. >> keep us posted on this because as we get more into social networking, people really need to be aware. >> especially when it looks like it's coming from you. that's the embarrassing and potentially also damaging. >> thank you. >> thank you. all right. coming up, the highly paid leaders from the southern california city of bell arrested now. the charges they face as they head to court this morning. and a local police officer under investigation accused of making a false arrest on the teenaged boy believed to have had sex with his teenaged daughter. we'll sort it all out for you coming up next. ,,,,,,,,,,

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it's wednesday, september 22nd. i'm sydnie kohara. and i'm elizabeth wenger. good morning, it's the wednesday, september 22. i'm sydnie kohara. >> i' elizabeth wenger. anne makovec is in san jose, where an officer is on leave and under investigation this morning. >> reporter: we confirmed just about an hour ago that there is a criminal investigation going on against the officer this morning, an officer accused of making a false arrest on a teenaged boy that was believed to have had sex

with his teenaged stepdaughter. the officer is a father, obviously, of the teenaged 14- year-old girl and reportedly had consensual sex with her 15- year-old boyfriend so the officer-father allegedly rode his motorcycle to the boy's house last month in full uniform to call him out. that's where the story splits. the boy's parents told the "mercury news" that the cops put handcuffs on the boy. the cop's lawyer says he only lectured him. the boy's parents then decided to report the incident to the san jose police wondering if this could be an abuse of power that led to their son and the cop's daughter actually being cited for the sex. i'm here with steve clark our legal analyst, former prosecutor, now defense attorney. thanks for joining us. what kind of charges could this police officer be facing? >> the most serious charge within felony false imprisonment for unlawfulfully restraining the liberty of this boy. that is a very serious allegation if done under color of authority. so that will be the charge i think the d.a.'s looking at. but the key will be did the parents of the young boy

consent to their son being sort of scared straight? >> reporter: because that is something that some parents -- these boot camp things like this, is that legal? >> yes. that would be legal. it wouldn't be criminal. clearly, there would still be an administrative investigation by the san jose police department because under any circumstances a very bad idea for a police officer to do this. >> reporter: now, apparently, in the san jose police department there is no law against somebody investigating their own family. does that surprise you to hear? >> it's not a good idea. this officer was doing more than investigating. he was interrogating. if this was a crime, it should have been turned over to the appropriate unit when a family member is involved. i think they will change that policy if that is their policy. >> reporter: the other people in trouble here the two teenagers accused of having sex charged with misdemeanors. how heavy is that charge. >> the juvenile probation department will lecture them but i don't think charges will be filed. it will be difficult to prophet case because neither would testify in court. >> reporter: so the main issue right now is going to be what

will happen with the san jose police officer now on administrative leave. sydnie and elizabeth? >> very interesting. all right, thank you, anne makovec live for us in san jose this morning. it's been four years since california executed a death row inmate but that could change next week. a federal judge will decide by friday whether the state can execute albert brown. brown was convicted of the 1980 rape and murder of a 15- year-old girl in riverside county. officials at san quentin say the state's refurbished death chamber will be ready for a planned execution next wings if the judge lifts the moratorium on capital punishment. it was implemented after a judge said the state's lethal injection method caused great physical pain. for the first time we are getting a look inside the new execution chamber. it sits just outside death row in a single story structure. the inside is four times bigger than the old gas chamber and

according to prison officials more efficient. a south bay teenager is under arrest for a suspected drunk driving crash that killed his friend who was riding with him. that crash was early yesterday morning. an suv slammed into a pole and caught fire on almaden expressway at o'grady drive in south san jose. 18-year-old rochon riveri was trapped in the burning car and died. more than 200 people gathered last night for a memorial at the scene of the crash. emily childress was the victim's ex-girlfriend. >> everyone needs to learn from it and not just, like, take lightly. it's horrible. it's, like, the biggest tragedy ever. >> 18-year-old mitchell pennings from san jose was found near the accident scene. he had minor injuries. pennings is charged with felony dui, fleeing the scene of an accident, and vehicular manslaughter. results of his blood alcohol tests are still out. several streets are closed right now in pleasant hill as

crews try to repair a water main break. take a look at live pictures from the scene. this is the intersection of morello avenue and kiki drive. that's where the break was reported about 7:30 last night. this is the second water main break in the area in the past eight days. this break though is in a different segment of the same pipe. no cars are being allowed to pass on north and viking drive as crews work to repair the problem. all right. that's obviously a bump for the morning commute. time is now 3 -- 6:36. franklin gianna franco has traffic. on the freeways, westbound 4 break new wreck reported at morello avenue. overturned vehicle down the em bankment. all on the right shoulder. if you're making your way on 238 northbound right at 14th street we have new reports of

an accident here. three cars involved. chp just headed out to the scene. no word on lanes being blocked. and the bay bridge metering lights are on. you're backed up at least to the first overpass. high wind advisory still in effect so use caution across the upper deck into san francisco. that's a check of your traffic. here's tracy with your forecast. hey, thanks, gianna. temperatures are still cool for this time of the year. average daytime high in concord, this time of the year in september, 86. 82 in santa rosa. 80 degrees in san jose. and 72 degrees in san francisco. today, we are on the cool side. 37 in concord. 13 degrees cooler than average, 73 in concord, 73 san jose. san francisco 66 degrees. so 6 to 7 degrees cooler than average. that's why we're on the cool side. here's a look at some more bay area cities today. mid-70s in sonoma and santa

rosa, 69 hayward, 74 pleasanton. lower 70s in palo alto and santa clara. today we're on the cool side but for the weekend, the 90s are expected. 90-degree temperatures moving back into the bay area. we'll take a look at your seven-day forecast coming up. >> heat things up. thank you. in just a few hours, 8 current and former leaders in the southern california city of bell will be in court. they are under arrest for salary scandals. the los angeles county d.a. calls it corruption on steroids. and kurt hawkins is in downtown los angeles to explain the charges. good morning, kirk. >> reporter: sydnie, elizabeth, good morning to you. we just saw one of the prisoner transport vans make its way past -- it was empty so there is no doubt that the bell 8 could be inside the courthouse this morning after an early-morning wake-up call. their arraignment is at 8:30 this morning and we are expecting a standing room only crowd. in this video you can see robert rizzo in handcuffs the

former cleave chief administrative officer. the ringleader spent the night in the twin towers correctional facilities here in downtown l.a. >> the complaint alleges they used the tax dollars collected from the hard working citizens of bell as their own piggy bank. >> if it's for improving the city and making our city better then i'm all for it but if it's for people to profit off it the way they did then it's totally wrong and so today means justice. >> reporter: now rizzo and serve other current and former bell city officials were also arrested in connection with the scheme. they are all charged with misappropriating more than $5.5 million. police, get this, to use a battering ram to get inside mayor oscar hernandez's home and take him into custody. now, the d.a. tells us that more arrests are possible. his investigation is still under way. rizzo is being held on a $3.2 million bond.

and he is being charged with 53 felony charges. live in downtown l.a., kirk hawkins, cbs 5. >> kirk, talk about upheaval and confusion. who exactly is running bell these days? >> well, they have an interim city manager and there were four part-time city council members that were arrested leaving one who remains on the city council. his name is lorenzo velez. he was the only one that made less than $100,000 as all of the rest of them did. so he and that interim city manager could be running the city. there is also the possibility that the attorney general will appoint what's called a receivership and that receivership on independent authority will control day-to- day operations of the city. so really we'll see what happens. this is just one. latest chapters in this ongoing saga. >> incredible. >> corruption on steroids. seriously. all right. thank you, kirk hawkins live for in us downtown los angeles this morning. time now 6:40. the stock market tries to continue its upward climb. and the price of gold hits a new high. we'll have the latest

financial news when we return. >> plus, the egg recall showdown. the owners of two egg farms appear before a congressional committee today. what the farmers believe is the cause of the salmonella outbreak.

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good morning. lights are on at the bay bridge toll plaza. we are going to show you a live look. the backup substantial. it's a parking lot pretty much all the way to grant. it will take 20 minutes from the carquinez bridge to the maze. windy, as well. so use caution as you work your way across the deck of the bay bridge into san francisco. westbound 4 they are still dealing with an accident at morello. it's not in languages. it's on the right side of the roadway, it's in the in lanes. it's an overturned vehicle. maybe a visual distraction approaching the scene. looks like everything is out of lanes. westbound 4 busy from a street to somersville. northbound 238 at 14th street, this accident completely cleared out of the roadway. looks like traffic moving up to speed through there. west 580 though seeing some delays here sluggish out of the altamont pass. pretty much from the 205 area all the way towards airway. again as you approach 680. taking a drive through marin county, you can see south 101 lots of green. you're moving up to speed. live look at the richmond/san rafael bridge. extra volume but so far, so good through that portion. the golden gate bridge south of

there no troubles. traffic moving well in both directions. that's a look that's a check of your traffic. here's tracy with your forecast. >> hey, thanks, gianna. forecast this morning, wednesday, not a lot of clouds this morning. had a frontal system come through. it kind of cleaned us out. winds shifted back behind it, winds fairly breezy. so not really seeing a whole lot of clouds because it's mixing things out so that's going to give us more sunshine early today and also giving us nice afternoon highs. still cool, but nice. out the door, areas of low clouds for inland locations, partly cloudy and some low clouds to the bay, and also for the coastline. temperatures in the upper 50s to the upper 40s. sunny and mild inland with temperatures in the upper 70s. sunny and breeze at the bay with the 60s. here's a look at what we're watching or what we were watching. it was a minor frontal system and those are the clouds associated with it.

it is moving well off to the east. back behind it, nice sea breeze expected today so breezy for the coast and for the bay with winds up to 20 miles per hour. highs today lower 60s in pacifica. lower 70s in palo alto, mountain view and sunnyvale. the lower 70s in fremont and milpitas. these temperatures are still well below average. but if you want a warmup and you like warm weather, just hang on to the weekend! they are going to get things cooking around here. 78 degrees in antioch and brentwood. lower 70s in walnut creek and danville. and the lower 70s in dublin and pleasanton. upper 60s with 68 in oakland, 69 in san leandro, 69 degrees in hayward. mid-70s in napa, sonoma and petaluma. 70 degrees in san rafael. 71 in san anselmo. 65 in sausalito and 66 in san francisco. so i mentioned getting things cooking. what are you talking about tracy? take a look. thursday and friday temperatures warming up to the lower 90s. saturday and sunday mid-90s

inland. monday and tuesday, near triple digits, 70s at the coast. that's a look at your weather. back up to you. >> we are going to enjoy this nice fall day today, tracy. a little bit of everything weather-wise. f everything thanks very much. it is 6:47. a silicon valley company takes the dive on wall street. >> that's because of a disappointing outlook. let's go to jason brooks with kcbs and cbsmoneywatch.com for the latest on that. adobe, right, jason? >> that's right. good morning. awfully tough start for the morning for adobe systems out of san jose. their latest quarter was pretty nice. they turned in a profit of about 70% to $230 million easily beating expectations. but it's what you say about the future not what happened in the past that counts. adobe had a soft outlook for its creative suite 5. that's its flagship design graphic program which came out in the spring, it was expected to be a lot better than its predecessor but it is seeing weak demand especially in japan and from its education customers here in

the u.s. analysts got very nervous about that. several downgrade add dobie's shares when they made that announcement, downgrading adobe's shares. they are down over 20%, that's 6.73 down to $26.22. and that's weighing on the tech sector of the stock market which is actually off to a fairly decent start in the absence of any real economic news out this morning. the dow is up 30 points. the nasdaq higher by 4. the s&p up by 3. the nasdaq would be higher if not for adobe's disappointment. the fed said yesterday that deflation continues to be its big worry. and they are going to probably in the near term purchase some more large-scale assets such as government debt. what that's doing is it's pushing the dollar down because that means that the fed wants inflation to be higher than what it is and the dollar tends to drop when inflation is hire and with the dollar dropping,

gold is higher. gold is up $22 to $12 96 an ounce. that's a record high. we'll see if that continues to be the case as the stock market does well today. >> can't believe almost $1,300. >> getting close. >> wow. thank you very much, jason brooks with kcbs and cbsmoneywatch.com. the owner of an iowa egg farm involved in this summer's massive egg recall, you remember that says he was horrified to learn his eggs may have made so many people sick. the heads two of iowa egg farms will appear at a congressional hearing today. it's going to look into the salmonella outbreak that sickened more than 1,000 people. lawmakers say they want to find the cause of the outbreak to prevent any further problems. the farm owners believe an ingredient sold to them by an outside supplier may to be blame for the outbreak. the fda has received hundreds of positive results for salmonella two years before the outbreak. there is a debate over food along the border of pleasant

hill and walnut creek. the dispute is over whether to allow an in-n-out burger to open its doors there. >> and that brings us to our question of the day. would you mind if a fast-food restaurant opened near your neighborhood? >> do you remember when it was hard to find an in-n-out burger? they are popping up all over the place now. i remember when it was a big deal you had to drive for miles. >> it would be interesting to see what happens, no doubt people in walnut creek will want to visit even though the residents don't want it there in the neighborhood. 6:50. coming up this morning later on "the early show," we have maggie rodriguez who joins us from new york. >> i would drive a long way for an in-n-out. >> you have them all over the place.

>> even across the country. so bring it to my neighborhood. >> not in new york? >> no. not in new york. >> interesting. i didn't know that. just in california. we're lucky. >> we'll fedex one. might be a little cold. stick it in the microwave. >> order i think it was an animal burger that i used to get? >> secret menu. >> elizabeth knows the secret menu. >> figure out which one that. >> i'll be waiting. coming up on "the early show" this morning, we are going to take you to wisconsin a story we have been following about a d.a. there who is accused and has admitted to at least once sending sexually charged text messages to women. there is a third woman now coming out with similar allegations and you will hear from her here on the early slow. we'll also be debunking credit mitt. we have four tips you need to know four simple things that you should be doing to protect your credit score. plus the legendary william shatner sits down to talk about

the [ bleep ] in his new cbs sitcom bleep my dad says. that and more. back to you. >> i'm looking forward to seeing that. i read the book and it was very entertaining. funny. we hope the show is, as well. maggie, thanks investment "the early show" begins this morning at 7 a.m. see you then. time now 6:52. a fake arrest controversy in the south bay. is it. >> yeah, a lot of parents can understand anger about your teenaged daughter having intercourse. a san jose police officer is accused of arrest the teenaged boy she allegedly partnered up with. we'll sort it out for you coming up next. we know everyone's looking for ways to save. why not save on car insurance? [ coin drops ] [ high-pitched voice ] thanks. [ normal voice ] you're welcome. get a free quote at progressive.com.

carly fiorina laid off 30,000 workers. when you're talking about massive layoffs, which we did... perhaps the work needs to be done somewhere else. [ male announcer ] fiorina shipped jobs to china. and while californians lost their jobs, fiorina tripled her salary. bought a million dollar yacht. and five corporate jets.

i'm proud of what i did at hp. [ male announcer ] carly fiorina. outsourcing jobs. out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message. a san jose police officer on leave and under investigation this morning. >> he is accused of making a false arrest. our anne makovec is in san jose with more. hi, anne. >> reporter: good morning. a total of three people in hot water this morning because of this incident. two teenagers accused of having underaged sex which is illegal, and this police officer accused of making a false arrest. the officer is the father of the teenaged girl. she is 14 years old and reportedly had con isn'tual sex

with her 15-year-old boyfriend so the officer father rode his motorcycling to the boy's house last month in full uniform to call him out. that's where the story splits. the boy's parents told the "mercury news" that the cop put handcuffs on the boy and apparently showed cell phone video of the fake arrest. the cop's lawyer says he just lectured the boy. the boy's parents then decided to report the incident to the police wondering if that could be an abuse of power and that report led to their son and the cop's daughter actually being cited for the sex according to the "mercury news." now, police here have said there is no formal policy against an officer investigating his own family members but there is a city policy here in san jose that requires all officers to be impartial. back to you. >> thank you. anne makovec in san jose, thank you. a refurbished death chamber at san quentin will be ready for a planned execution next wednesday. this week, a judge will rule on whether or not to lift a

moratorium on capital punishment. for the first time we are getting a look inside the new execution chamber. it sits just outside death row in a single story structure. the inside though is four times bigger than the old gas chamber and according to prison officials, more efficient. well, several streets are closed right now in pleasant hill. crews are still trying to fix a water main break and we can show you a live look now at the intersection of morello avenue and kiki drive. that's where the break is reported around 7:30 last night. this is actually the second water main break in the same area in just past eight days. you can see it's a mess. the break is in a different segment of the same pipe. if you are a commuter, no cars are being allowed past north and viking drive. checking traffic, you can use pleasant hill road to get around the water main break mess. live look at the bay bridge toll plaza crawling along

possibly a stall truck in lanes. 2208 san jose northbound starting to see some stop and go conditions working your way into downtown san jose and checking your drive on 101 along the peninsula not bad. lots of green on 280. checking the san mateo bridge both directions no problems between 880 and foster city. that's a check of your traffic. here's tracy with your forecast. hey, thanks, gianna. well, here's a look at what's going on this morning from our mount vaca cam. our sunrise coming at 6:57. quite a bit of clouds right now so you can't really see it coming up over the horizon but we are expecting quite a bit of sunshine more to today. here's a look at today's highs. 70s inland, 60s at the bay and coast. thursday temperatures warming up, friday even more. saturday, sunday and monday, the 90s.

mid- to upper 90s expected inland. near 80 degrees expected around the bay. and the mid-70s along the coastline. we are moving into the first weekend of fall and it's going to feel like the middle of summer. hey. it is what it is. mypix photo for this hour. santa clara valley sent in by robert campbell. you can always go to mypix@cbs5.com if you would like to send us in a photo. i'd love it and i can include it in my weathercast. that's a look at your weather. back up to you. >> thank you. fall begins tonight. we'll enjoy today. nice and cool and then get ready to put on the bikini again out on the beach for fall. >> exciting. >> bundle up for the last day of summer. >> thanks very much. got a story idea or comment you would like to share with us? email brian@cbs5.com. >> and check out brian's daily briefing weekdays at 11:00 on cbs5.com. >> that's it for us. see you bright and early tomo m