♪ what did we learn on the show tonight craig ♪ [meow] [laughter] craig: i want to tell you a little bit about that little bald spot in the back of my head because it's actually been there since i was 14 years old. i got into a fight with john hume. and john hume fights likeái9 in the the frenzy when he was kicking my ass. he pulled a clump of hair on my head and it's never grown back. but john's in prison now. [laughter] craig: actually, i don't know where he is. and that's not his real name. actually -- actually it is.

but it's not his name. that's not his real name. [laughter] craig: but that's what happened. i lost it in a fight when i was a kid. there's never been any hair there. [laughter] craig: i have a bald patch somewhere else as well. [laughter] craig: the result of another frenzied attack. we've got to go. good night, everybody. [cheers and applause] advantage topical solution treats dogs...

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you're watching cbs5 eyewitness news. "this broadcast realtime captioned by becky lyon." >> i opened my eyes to realize this is really serious and i need to find out what's going on with me. first, he found a tracking device on his car. then he posted pictures of it on the web. why the fbi then came knocking on his door. homeowners file their paperwork but it looks like banks did not always do the same. why foreclosures are now being halted. it is that time of year again. why fleet week packs more of a punch this year. a drug maker admitting its product does more harm than good. yanked off the shelves. >> i'm ken bastida.

>> i'm dana king. he just turned 20 and and drives -- drives a ford. tonight he says the feds were using his car to spy on him. tonight he has evidence of it. he showed that evidence to kiet do. >> reporter: he is american. 20 years old. born and raised in the u.s. of a. also muslim. his dad emigrated from egypt and used to be president of this mosque in santa clara. >> i have been violated of my rights, my privacy. i feel like i'm being followed everywhere. >> reporter: he feels this way after he took his car in for an oil change last sunday and found this thing. attached by magnets underneath the right rear side. it was battery powered and had a wire connecting what looked like a power source to a receiver. >> i opened my eyes to realize this is really serious and i need to find out what's going on. >> reporter: the student posted the photos online with the title, does this mean the fbi is after us? readers quickly answered it was

a gps tracking device sold only to law enforcement. 48 hours later on tuesday two fbi agents showed up at his apartment, demanded the device an threatened him. >> if you're not going to cooperate, if we don't get the item right now we will have to arrest you for obstruction of justice. i didn't really want to call an fbi agent out on his bluff. so i walked towards the house. i go if you want it, it is right in my living room. >> reporter: the fbi office in san francisco said they could not say much about this because it is an ongoing investigation. and they would not explicitly confirm or deny that it was their gps tracking device. in august, a federal appeals court ruled law enforcement officers can plant tracking devices on vehicles without a search warrant if, for example, your car is left in a public parking lot. because he routinely visits family in egypt his attorney believes he is being profiled. >> were your client's rights were violated? >> i believe so.

i also believe that the fbi is consistently engaging in harassment intimidation of community members therefore making us all the less safer. >> reporter: for other muslim men the discovery has men wondering about big brother. what does this do to your level of trust now for law enforcement? >> for law enforcement? it went down. >> are you going to be checking underneath your car? >> not really. i don't have anything to hide. my mechanic will find it anyway. i'm not really worried about that. >> reporter: was it an invasion of privacy or a matter of national security? it all depends on who you ask. in santa clara, kiet do, cbs5. it may be a relief for many on the brink of losing their homes. starting tomorrow, bank of america is suspending foreclosures nationwide. robert lyles tells us why. >> reporter: ken,it is a sigh of relief for some, but tonight this announcement is just a slowing down of their mortgage hell. bottom line, if you have a

mortgage with b of a and slated for sale by foreclosure the bank as you mentioned has decided to halt the foreclosure sales starting saturday, october 9th, and continuing into dates that follow. now, what the bank must now prove is that they attempted to contact you. this includes b of a and two other major banks. that's no longer the sound of a smoke detector. that beep is the sounds of an empty home. consumed by the tide of foreclosures still sweeping the east bay. >> your client has been trying to sell this for how long. >> reporter: and real estators like eric are quick to blame b of a. >> dealing with bank of america you have a rate scale. one is good, five is bad. >> you would rate them how? >> negative five. they are the worst of the worst that we deal with. >> reporter: but the nation's largest lendser says it is offering homeowners a reprieve halting foreclosure sales in

all 50 states. >> a couple of boxes that we started packing. >> reporter: for the coopers of brentwood it is a new lease on life. foreclosure was forcing them out today until they got a call from the bank of america saying they could stay. b of a isn't halting it as a gesture of goodwill. court testimony just revealed three companies allowed employees to not really read all documents. >> which means potentially a lot. foreclosures weren't done legally and people were thrown out of their house when maybe they shouldn't. >> reporter: it is believed many of those homeowners were trying to modify loans with the banks or seeking short sales like eric's client. so he sees this announcement to halt foreclosures as slowing the slide into foreclosure hell. >> they will do the paperwork and the foreclosure process will continue. >> are you saying this is

putting a band-aid? >> exactly. and this may even work to their advantage. >> reporter: because gm ac and jpmorgan say they will only amend reasons that they feel were improperly done. realtors believe this moratorium has revealed the one thing banks didn't want customers to know, that loans had been sold so many times. >> we have no idea who really owns the mortgage. >> reporter: that's because some of those loans are with private investment pools. others are owned by fannie mae and freddie mac. so finding the foreclosure documents could prove to be a nightmare. so what does all of this mean for california? well, it could mean that your foreclosure sales could be stalled for months or, ken, if attorneys get involved it could be solved for years. >> a lot of people in the same situation.

robert lyles in oakland. thank you. meg whitman wasn't commenting on the latest campaign scandal. whitman's camp announced she would have no comment on a voice message from an aide of her opponent jerry brown that referred to whitman as a whore. the california branch of the national organization for women announced support for brown saying is he is a strong candidate for women's rights and abortion rights. and said whitman failed to support a woman's right to choose. california woke up to a budget this morning. one that is 100 days late. state legislatures voted on the last pieces about 8:30 a.m. this morning after working all night. the deal is worth 87.5 billion. and that's about $1 billion more than last year.

governor arnold schwarzenegger praised the deal for reforming the state pension system and not raising taxes. now to get the deal passed the governor and legislature agreed to defer $2 billion to education until the next fiscal year. other headlines around the bay area tonight. a fire destroyed a well known restaurant along the oakland waterfront. flames were first reported at tiki tom's just after 11:00 p.m. last night. that restaurant was closed at the time. nobody was injured. and no cause has been disclosed. three people accused of torturing a teenage boy agreed to a plea bargain today. the three all pleaded guilty to various charges including corporal injury to a child. they are accused of holding the boy captive in their tracy home for more than a year. all three will spend 30 years in prison. a couple are going to

prison. michael gutierrez was sentenced to eight years and his girlfriend received a six year sentence. prosecutors say the pair robbed the home of a couple after hearing that the couple and their two children had been killed in a car last november. a woman found her car today six months after it disappeared. remember that monster hole that opened up in april. today excavation crews working that site found a honda civic 20 feet below sea level. it was reported lost when the sink hole first opened up but no one saw any sign of it until today. she did get a bag back that was inside that car and, yes, her insurance did pay her back for that wreck. it was close but the giants just couldn't make it happen tonight. >> don't give up. don't give up, giants. >> about 30 minutes ago the braves won game 2 of the national league division

series. the game went into the 11th inning and that's when the braves got a home run winning that game 5-4. now the series is tied 1-1 as the teams head to atlanta for game 3 on sunday. kim coyle is at at&t park and she will have a report coming up in a few minutes in sports. off duty and ashore. the bay area. >> we are talking over 2700 military personnel. navy. marines. also our local coastguard. >> largest turnout for fleet week in 20 years. how they are spending their time. the training that sent the opd to the pound. and how much is it worth to you to use a few pounds? the fda stays one medication put the price way too high. what meridia is off the market. a storm right off the coast. a storm right off the coast. the effect it will have ,,,,,,,,

meet the real meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay the money back. what kind of person would be involved in

deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter? it is not just fast jets and ship tours as part of fleet week. about 75 marines volunteered their time to spruce up san francisco today. this work detail. pulled weeds and planted new flowers in golden gate park. blue angels got fleet week off

to a roaring start. here all week, weren't they? yes. fleet week. thousands of men and women in uniform looking for a good time and good time city. joe vazquez shows us that they are getting a hearty welcome. >> reporter: this is the biggest fleet week in at least 20 years. it is a uniformed invasion. >> we are talking over 2700 military personnel. navy. marines. also our local coastguard. >> reporter: many of these service men and women are returning from deployments overseas. >> yes. we have all been deployed to afghanistan, iraq, or both. >> reporter: and are spending their hard fought shore leave . >> i went down there last fight. >> reporter: making friends in san francisco hot spots. >> san francisco is great. it is a clean city. come here, have fun. >> reporter: the strip joints along broadway are bracing for brisk business. many are offering discounts to military personnel. and these military police officers called shore patrol

tell us they are here to make sure nobody gets too far out of line. >> the u.s. military, marines and navy are always on their best behavior. i mean, the navy, sometimes they are not. >> they are a force for good. they are here always on their best behavior we hope and if they are not that's why we have the sfpd. >> no trouble so far? >> reporter: right now fewer than half of the marines and sailors have even arrived in san francisco. first thing in the morning a huge parade of ships will be sailing in under the golden gate bridge. in san francisco, joe vazquez, cbs5. oakland police officers are getting a new kind of training aimed at preventing the kind of tragedy that hit an oakland family recently. last week police responded to a burglar alarm killing a family dog, a lab. so police and the oakland spca joined forces to train officers to recognize certain animal behavior and then respond

appropriately. >> my responsibility is give my officers more skills, more tools to make sure that we do the job. you've got to remember those officers went out there to find a bur large who is breaking -- burglar. >> they will train officers to handle dogs with different temperaments. >> all right. the fleet is in town. so are a lot of tourists. so are a lot of locals. >> going to be a spectacular weekend once we get through saturday. saturday still pretty nice as far as temperatures are concerned. but we have to add a few clouds in the forecast. tonight, the tower is orange. it is orange friday. it is orange october. we will see lots of blue skies. but we got to first get past this. this is really impressive. this is an area of low pressure. if this is wintertime and we had a real vigorous jet stream i would say plan indoor activities but instead not a lot of support to push this into the state of california.

northwestern quadrant will get clipped by a little of rain showers. otherwise sunshine in throughout the interior portion of this state. partly cloudy skies in the high sierra. saw record snow in the form of two inches. otherwise sunshine and approaching 70 in monterey. tonight with the clear skies with increasing clouds overnight. temperatures from 50 in santa rosa to mid-50s across the santa clara valley. tomorrow's highs i'm bumping up even though we will have a north west flow at 5 to 10 miles per hour. partly cloudy skies. 78 in san jose up from 76 degrees experienced today. by the way, in fremont mostly sunny skies. 78 degrees for hottest spot. east bay nbc numbers. danville, brentwood, discovery bay. 85 in pleasanton as well. north bay nbc from 64 with

partly cloudy to the mid-80s in sonoma. and we do have this weekend golden gate park, 65 degrees. meanwhile the extended forecast calls for sunny skies and offshore flow to kick in with the warmest day of the weekend on sunday. dry conditions each day all the way through friday. and we have got to thank eric simonson for his picture of the night. go giants. he has got the braves there looking up. >> pumpkins. >> more at cbs5.com. reconstructive surgery. why plastic surgery was the only option for this,, [ male announcer ] this is the way most people choose a toothbrush.

with so many to choose from it's hard to see the difference. but this is the way most dentists choose a toothbrush. fact is, more dentists brush with an oral-b toothbrush than any other brush. ♪ if you could see what your dentist sees, you'd reach for an oral-b toothbrush too. ♪ trust the brush more dentists use. oral-b. yanked off the market. market. the move to pull meridia was weight loss drug yanked off

the market. it was voluntaryly pulled but federal regular laters say meridia comes with too much risk. increases the risk of heart attacks and stroke. >> most physicians would probably agree that a 5 to 8- pound weight loss isn't worth any risk much less significant risk of cardiovascular disease. >> roughly 100,000 americans are currently taking it. the vast majority are middle aged women. patients taking it should talk to their doctors for an alternative weight loss plan. plastic surgery for a sea lion. his name is sergeant nevis. the sea lion was swimming in the delta last year when somebody shot him in the face. not once but twice. that left two large holes.

>> he had a large hole right in the top of his muzzle. so he was breathing through that. also meant that he couldn't swim like a normal sea lion and go in the water. >> today the six flags discovery kingdom an marine mammal center brought in a plastic surgeon that usually works on humans. >> i do a lot of cancer reconstruction. so using those principles they asked if i could close up the wounds. i said we could give it a try and hopefully it would go well. >> it went well. surgery lasted two hours then sergeant nevis work up with really a brand-new face. after spending two weeks in a sea lion recovery room he will be spending the rest of his life at the california sea lion exhibit at six flags. in case you're wondering sergeant nevis got his name from a sheriff's deputy who asked rescue him. the family of beavers living on lake tahoe's north

shore has become a favorite of locals but now they received a death sentence. they set up camp near highway 28 but placer county officials say they are a nuisance. their solution, trap them an kill them. locals who love the beavers begged the officials to consider other options. >> let's have a meeting and we will show you the plans and we will see if we can't work together and get this thing resolved. >> i'm happy to work with you one on one. >> reporter: ?oo one. >> they agreed to give the beavers a reprieve and consider other options. i'm dennis o'donnell at at&t. giants were cruising to victory. they were going to have a 2-0 series lead and then the ,,,,,,,,

welcome back, everybody, to at&t. matt cain certainly followed tim lincecum's performance. cain's line tonight six and two

thirds. gave up just one run. but really came down to the bull pen tonight. a scary moment empty 1st inning. buster posey and sandoval colliding. they both stayed in the game. two on, two out for pat burrell. you can tell it is goodbye. three-run home run for pat's bat. 3-0 giants on top. giants led 4-1 in the 8th. but sergio romo allowing back- to-back singles. bruce went to wilson for the final six out. instead gives up two-run double to gonzalez. bases loaded in the 10th inning for buster posey but the rookie who has come through time and time again can't deliver. he hits into the inning ending double play. the giants scored just one run over the final 10 innings and the braves capitalize in the 11th. look at the former pitcher

turning on a fastball. home run went into the water. and the braves stun the giants 5-4 to even the series at one game a piece. okay, kim coyle and i were both in the locker room and, kim, the braves have come back 47 times to win games. that is the most in the national league. the stunner, though, they did it against a rock solid giant bull pen. >> coming into the game tonight the giants bull pen hadn't given up a run in 24 games but i spoke with derrek lee after the game. he said that the braves actually talked about this being a must win game for them and rick certainly played the hero tonight. >> this is the biggest homer in my career by far. to be honest with you i wanted to go from the batter's box to the dugout. i didn't want to run around the bases. i want to be with the guys. what a cool thing to do and cool way to win. >> he had a great win tonight defensively and offensively. he has got tremendous power if you watch our batting practices.

he is the one hitting them all out of the ballpark. >> one out in the 8th inning. a line drive. left field. unable to get it. two runs will score. >> i obviously take full credit. i'm the only one standing on the mound to get those six outs at that particular out and i didn't. >> great to get six outs. that's a big difference than getting three outs. but he has been great all year and we got kind of a lucky great with his ball. >> speaking of closers. billy wagner out for the season with a torn oblique and freddy san chez was hit by a pitch. >> we will find out more on sunday. let's slow you the san jose sharks. opened up their season. newly appointed captain joe thorton scored a goal in the

sharks 2010 season opener in sweden. game winner. sharks beat the blue jackets 3- 2 and the two teams will play again tomorrow. this series is tied at one game a piece. they will go to atlanta for game 3 on s,,,,,,,,,,,,

all righty. >> a lot going on this weekend. >> if you're in town for fleet week. welcome. love to have you here. spend some money. watch david letterman in your hotel room right now. >> might get a recipe out of the ,,,,,,,,,,,,