ion has just been denied for a man convicted of killing a young girl 30 year good afternoon. i'm elizabeth wenger. a stay of execution has just been denied for a man convicted of killing a young girl 30

years ago. that means the execution will move forward as planned on wednesday, making him the first person in more than four years to receive a lethal injection in california. our anne makovec is in san rafael where the judge's ruling just came down just a short time ago. >> reporter: that's right. and will is another appeal on the way -- there is another appeal on the way. it is not certain he will be executed on wednesday but certainly much more likely after what we saw today, a judge denied the why -- the request to block the death sentence. and he is convicted of murdering a girl in 1982 and the marin county superior court judge blocked the execution set for 12:01 since there is a lawsuit pending challenging the state's lethal injection rule, concerned that the three drug cocktail that paralyzes the inmate and stops the heart could be cruel and unusual

punishment and he was given a choice between that and a one drug sedative that would also kill him. he refused to choose. today the judge said brown's lawyers cannot prove he will suffer pain and cannot demonstrate any likelihood that he will legally prevail in an appeal's court. here is what the lawyers say. >> the death penalty is the law. and it is the grounds here under the california adjudication. and whatever people might feel about it, emotions run high on this topic, the issue in the lawsuit is a challenge to the -- >> >> we're talking about the death penalty here. at 12:01 on wednesday morning. >> now, there was another inmate involved in the case and his request was also denied. he was also the original plaintiff. his execution though has not even been scheduled.

this case obviously is not as imminent when it comes to a potential stay. and right now, the lawyers for brown headed to the first district court of appeals in san francisco. they are hoping that they can have their appeal heard within the next 48 hours. elizabeth? >> last-minute decisions. anne makovec, live for us in san rafael, thank you. our other top story this afternoon, the weather. if you haven't noticed, it is hot out there. and tracy humphrey is in the weather center with a first look at our forecast. i think you said earlier, mother nature is a little confused, right? >> yes, i think there is a sense of humor. but for many of us who have been thinking what happened to summer, well, here it is. at least for a couple of days. this is what we're expecting today. plenty of sunshine along the coastline. and that is the place to be. and highs today along the coast, in the mid-70s. and let's talk about the records and we will be flirting with record high temperatures and san rafael's record at 98 degrees on today's date and 97 in san jose, and 92 in mountain view. and 92 in san francisco.

and pretty close to san rafael, we're going to hit a 96. san jose, we're going to 97. so we could match that record. or beat it. and mountain view, we're forecasting about two degrees over. so it looks like some cities across the bay area could see new record high temperatures. coming up, not only do we have the 90s, we got triple digit highs expected across the bay area. and which cities may see 103 degrees. i've got the hot, searing, sizzling forecast, coming up. >> thank you, tracy. well, pg&e's natural gas rates are six times the nation's other operators according to the los angeles times but pg&e says those numbers are higher because they have more rigorous standards for reporting gas leaks. meantime lawmakers are calling for stronger regulation and oversight of natural gas pipelines. jackie spear will introduce a new bill tomorrow in response to the san bruno pipeline explosion that killed seven

people and destroyed 35 homes. she spoke at that san bruno neighborhood today. >> i'm confident that all of the natural gas companies will recognize that this spill mandates both a reaction to what happened here in san bruno, and a fair plan for providing energy to this nation that is both safe and reliable. >> spears' bill would require automatic or remote shut-off valves on some transmission lines. utilities would also have to tell homeowners about the locations of nearby pipelines. federal investigators are currently looking into pg&e's handling of the san bruno pipeline explosion. some home video that shows a navy helicopter dipping into lake tahoe is now being acknowledged and investigated by the navy. a tourist captured this video as you see here of two navy choppers hovering low over emerald bay. one of the pilots appears to be

unable to maintain altitude and briefly dips into the water. this happened on september 13. a navy spokesman says the video is authentic and the entire flight is under investigation. beyond that the navy is not saying anything. the two pilots have been grounded. well, prosecutors could decide within a week whether to file charges against that san jose police officer who allegedly staged a fake arrest on his stepdaughter's boyfriend. well, that officer is accused of handcuffing the 15-year-old and telling him it was a mistake to have sex with a cop's daughter. this is cell phone video the family supplied to the mercury news. the family reported the incident last week to the police department's internal affairs unit. the teen and the 14-year-old stepdaughter have each been cited for having sex with a minor. there is a new push to free two uc berkeley grads. now jailed in iran for more than a year. according to an iranian newspaper, a delegation from oman is visiting iran to ask

for the release. if the talks are successful, shane bower and josh fatal may be allowed to leave iran with a delegation. oman played a key hiker in getting the third hiker sara shourd released. since being released, shourd has pleaded for the others to be let go. a short set back in the effort to ban all forms of cell phone use in cars. the governor's highway safety association decided not to sort a proposal to block drivers from all cell phone use and that means even hands free devices could be used. and a safety group says there is not enough evidence to prove such a ban would be effective. and the supporters point to a recent survey that shows distracted driving fatalities caused by cell phone use and texting increase 28% from 2005 to 2008. >> i think there is a sense out there that this is dangerous, that this should not be done. but yet, folks admit 70% that they have used a cell phone while driving and 24% admitted

that they texted while driving. so there is a disconnect. >> california currently bans texting and holding your cell phone while talking and driving. get this. aaa wants to go further and is launching a campaign asking people to turn off their cell phones and each put them in their trunk while they drive. well, this november, voters in oakland will elect a new mayor. tonight, they will have a chance to get to know some of the candidates better. all 10 candidates have been invited to attend a forum this evening from 7:00 to 9:00 at temple sinai. that's at 28th and ledster street. if you do want to check it out, that event is free and open to the community. meanwhile, the two major candidates for governor will square off in their first debate tomorrow evening. democrat jerry brown and republican meg whitman will meet face to face at uc davis. it is the first of three scheduled debates. a new poll shows that brown is pulling ahead, despite

whitman's better financed campaign. the los angeles times, usc survey shows brown with a 49 to 44% lead over whitman. now that is among likely voters. however, that lead is within the poll's margin of error, so it is close. in the race for senate, democrat incumbent barbara boxer has widened her lead over republican challenger carly fiorina. the polls show boxer ahead 51 to 43% among likely voters. well, a bay area school district is about to get a pretty big donation. where the money is coming from and how it will help more students finish college. plus, the government wants to watch more of what people are doing online. the popular forms of communicating that are now being targeted. promise me low prices.

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san francisco is about to get a big donation to help kids make it all the way through college. the city is one of four nationwide that will receive $3 million over the next three years. the donation is coming from the bill and melinda gates foundation. that money will help align academic standards between high school and college, and implement early college prep strategies. just 27% of high school freshmen in san francisco go on to earn a college degree. the other cities getting the money are new york, riverside, and mesa, arizona. well, president obama wants students to spend more time in class. he says a longer school year just makes sense. the president says u.s. students attend class on average about a month less than kids in most other advanced countries. he says students and teachers must set and achieve higher standards. and the president says teachers unions must be less resistant

to education reform. the obama administration wants to make it easier for the government to eavesdrop on internet and e-mail communications. now, that includes social networking web sites like facebook and blackberries. and now we have more on why the administration wants more power. >> reporter: according to the new york times, the obama administration wants to submit a bill to congress that would basically make it easier for the fbi and other security organizations to wire tap internet and mobile device communications. we're talking about blackberries. especially with the research in motion devices right now, users can send messages back and forth and not even the company knows what they're saying. there is such a high level of encryption. the concern here is that if these communications are opened up to the fbi, if they can do these high-tech wire taps, then there are some security, i should say privacy concerns. on the other hand, the fbi wants to know if bad guys are using these devices, what they're saying. >> i certainly understand the need for law enforcement to do

their work. on the other hand, i do think we have an expectation of privacy when we use these devices and you worry that the people who are listening in could have used this authority, abuse the authority and infringe on civil rights. >> reporter: expect the legislation to come down the pipe sometime next year and if it passes it could be copied by security organizations around the globe. i'm matt bigler in san jose, for cbs 5. well, matching bones literally disappearing inside your body. >> my bones have basically vanished. my neck. and my skull. >> a california woman battling through a rare disorder. and she is beating the odds. well, today, plenty of sunshine, with hot temperatures, and for those of you who may not be so crazy about the heat, how long is it going to be this hot, and i will let you know. the seven-day forecast is coming up. there will be plenty of pumpkin

pie this holiday season. ,,,,,,,,

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and a lot of people, when they get a denture, they think the best way to clean it is by brushing it with toothpaste. toothpaste contains abrasives that scratch dentures, leaving microscopic crevices where bacteria can grow, and bacteria can cause bad breath. the best way to go is to soak them in polident. only polident is proven to clean without scratching and kills 99.9% of odor-causing bacteria. i recommend using polident and soak every day. it's the right way to go. season. the canned pumpkin shortage is over... a year of empty there will be plenty of pumpkin pie this season. the canned pumpkin shortage is over. did you know there was a pumpkin shortage? >> who knew? >> almost a year of empty shelves, heavy rains damaged last year's pumpkin harvest causing a short fall in the

canned goods. this year, cans are arriving in stores now. the pumpkin crop is healthy. about 80% of canned pumpkin is sold in october through december. >> there is your fall story. it is hard to think about pumpkins when it is hot outside. >> i know. pumpkins, lattes. >> we can dream of that. in a couple of weeks. >> then we will be complaining how cold it is. >> iced pumpkin lattes. that's it. do they have those? >> i'm just making it up. >> let's take a look at the forecast. we're not making that up. it is going to be hot today. and this is where we want to be. out on the bay, taking in the sunshine, it is a beautiful afternoon, and the temperatures around the bay area in the 80s today. well above average. here we are for the coastline. temperatures there are a lot like yesterday, the mid-70s expected, and our warmest spots, and for this afternoon, we can go along the coastline and temperatures in the 70s and continues around the bay, 90 degrees, and inland, up to 103. and for tonight, clear skies, inland and for the bay and a few areas of fog expected along the coastline. so why is it so hot?

the thick high pressure system bringing nice dry offshore winds and driving up the temperatures and that's why today, we are expecting 97 in san jose, and 96 in sunnyvale, and mid-90s in palo alto, and redwood city, and along the coastline, lower 70s in daly city to pacifica and across the bay, 92 in union city and 92 in fremont. and well out in the east bay, forget the 90s. we are in triple digits, 101 in concord, and 102 in antioch, and 102 in danville and hundred degrees in dublin and 103 in pleasanton. along the bay, the lower 90s in almeda and oakland and the mid to upper 80s in richmond and in berkeley. north bay locations, flirting with 100, so napa, to sonoma to petaluma. and 98 degrees in santa rosa. mid-90s in san rafael. and 93 in mill valley. and it is too hot, head to stinson beach. 70 degrees. and 84 degrees in sausalito. the five-day forecast, today definitely hotter. warmer than yesterday. tomorrow, temperatures are

still pretty hot inland. wednesday and thursday, temperatures will start to back off a bit. and then as you take a look at friday, saturday, and sunday, the temperatures continue to cool down and closer to more seasonal highs. our my pix photo for the noon hour, the view from twin peaks, looks pretty good, sent in by harry bower. and i have one more, my two babies sent in by judy, roxy and conia. aren't they cute? and don't forget your pet. it is pretty hot outside. make sure you pay attention to them. back to you. >> jacques would fit in with those two. >> they could be a trio. >> yes. >> thank you, tracy. well, imagine hearing your own bones crack and break. it is a rare and incurable disease with only 200 cases documented worldwide. sandra hughes tells us about a los angeles woman with vanishing bone disease. and her fight for survival. >> she is painfully thin and moves with the stiffness of someone whose neck has been fused to her spine.

but lori harms is just grateful to be alive. >> there are moments that i think god, i can't imagine -- >> the 31-year-old mother has an incurable rare disease called gorm's stout's syndrome. >> otherwise known as vanishing bone disease. and that is exactly what it says. i mean my bones are basically vanishing in my neck and my skull. >> her symptoms started in her teens. but even on her wedding day, she still was healthy. after the birth of her daughter sky, the bones in her neck had deteriorate sod much, her -- deteriorated so much, her neck snapped. >> i had a trach put in. >> after being rushed to another hospital in los angeles, doctors basically gave up and were going to send lori home with a broken neck and a tracheotomy until a spinal surgeon at cedar sinai said he

would take the case. >> had you not taken on the case, would she have deteriorated to the point of death? >> i think so. >> instead, the doctor rebuilt her spoeupb and neck. >> her short-term -- her spine and neck. >> her short-term future is cautiously optimistic. >> since most people with goreham-stout's only live in their 20s, you can speculate long term. >> it has been almost eight years. >> and lori harms continues to defy the odds. sandra houston, cbs news, los angeles. well, still ahead, ukelel players gather in the bay area trying to strum their way into the record books. diabetes testing? what else is new? [ man ] new and improved freestyle lite® blood glucose test strip. sure, i'll try it, but --

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economists say her plan will "rip a hole in the budget" and is "deeply flawed". analysts for the l.a. times say whitman's plan is a "pure handout" to the rich creating a "huge risk" to schools and public safety. jerry brown's against this unfair giveaway because it will take billions from our children when we can least afford it. get california working again-for all of us. you inhale, they inhale. millions of children continue to be exposed to secondhand smoke. secondhand smoke causes asthma, a disease that cannot be cured. protect your loved ones.

well, today's tip of the day is with apricots. okay, it is almost the end of september. we still have apricots in the market. usually they're gone by mid august or late july. but right now there are some late varieties hitting the market. which is okay if you love apricots. super food. loaded with vitamin a. great and tasty. especially on the grill. but if you don't select them right, this time of the year, you are going to have them taste like cardboard. when you buy them, make sure they're beautiful color all the way around. a little bit of green is okay. a little bit. what you want to stay away from is an apricot that is too soft. if it is too soft, that means it is stored around for way too

long. and free from any shriveling whatsoever. when you bring them home, on the counter. not in the refrigerator and only store for two or three days. take my word for it. take your time. they're still fairly expensive right now. but you will be disappointed if it doesn't taste good when you get home and you will be very surprised and very happy when it tastes good. apricots, this time of the year, pick them right and you will be happy. i'm tony tantillo your fresh grocer and remember to eat fresh and stay healthy. let me see. i'm happy. good. >> i'm jealous. looks good. coming up tonight at 5:00, you have seen food trucks but now cupboard a bus, and the new -- now board a bus and now the new trend in fine dining. and now falling just short of setting new record with a ukelele. more than 500 ukelele players showed up at the casper theater

in san francisco to set a new guinness record for largest ukelele ensemble but still not enough to beat the standing record held by great britain, 851 auk laleys. members of the -- ukelele. and members of the santa cruz ukelele club say they are not too sad about not breaking the record but they were just happy to have a good time and get together. >> our next newscast is at 5:00. have a great day.