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allen martin on cbs5 eyewitness news. "this broadcast realtime captioned by becky lyon." you're watching cbs5 eyewitness news. even if california voters approve prop 19 watch out before lighting up. the new warning from the feds. mwah. i hope you beat their asses. >> he is talking about the giants but may not be so happy in the latest developments in his steroid case. the ex-girlfriend that would testify about things that only a girlfriend would know about barry bonds. superbugs. infections from foods putting women in the hospital. katie couric has the report. a cheerleader that is up for homecoming queen. and the votes are. good evening, i'm julie watts in for dana king this evening.

>> i'm ken bastida. prop 19 votes may not mean so much. if california legalizes marijuana, the feds say they will lay down the law. >> reporter: a warning to californians. if proposition 19 passes prepare for the consequences. the attorney general eric holder made this comment. quote. recreational use even if such activities are permitted under state law. in los angeles today the district attorney and sheriff saying they will follow the federal law on marijuana. they don't want to see the whole state go to pot. >> you've got over 500 municipalities in this great state and every one is going to be authorized to be a drug dealing community? i don't think so.

>> reporter: sun set junction organic medicine employee says he feels the federal government can't go against the people. >> if they go against the voters then the government is going against the people. that should never happen. >> reporter: president bush wanted to raid medical marijuana places when they first opened. president obama stopped that. >> well reasoned laws and considered deliberate reasonable law enforcement action. nothing more of a threat to that than a politician who is afraid of looking soft on crime. >> reporter: a los angeles attorney believes the federal threat on prop 19 is all about politics. he says the concept is ridiculous. >> it's a little ant. a little tiny ant on the legal landscape and the feds are

talking about carpet bombing it with a b 52 strike. >> reporter: and it is a legal issue marijuana users say is it is a wrong fight. >> they should focus on the really bad drugs like cocaine and crystal meth. >> reporter: and one last note tonight from the sheriff of l.a. county. he says if prop 19 passes, his deputies will not go breaking down doors looking for marijuana in people's homes but they will have zero tolerance for people that smoke it in public. terrell brown, cbs5. hillary clinton just wrapped up a speech in san francisco. she appeared before a sold out crowd at the commonwealth club. she said silicon valley tech companies are instrumental in the obama's goals for promoting peace and prosperity abroad.

>> the door is open to each and every one of you. i just met with a group from twitter and i know that there are a million ideas that are born every day here and if you have a good idea we will listen. >> clinton says the bay area is only the third place that she has made a public speech since becoming secretary of state. former president bill clinton is in southern california where he campaigned for former rival jerry brown. the men appeared together at ucla along with san francisco mayor gavin newsom who is running for lieutenant- governor. brown and clinton have made up since that infamous debate during the 1992 presidential primary. president clinton will attend a really for both brown and newsome at san jose state sunday night. bay area tea partyers are getting ready for what they are calling the biggest tea party the west coast has ever seen. they got together tonight at dickie's barbecue pit in pleasanton for a prerally

barbecue. the golden state rally for america. that's what they are calling it. tomorrow at the alameda county fair grounds. admission is free and the gates will open at 11:00 a.m. and for the first time in a long, long time we are hearing from barry bonds. he is gushing about his former team going to the playoffs. but then late this afternoon the feds outlined their perjury case against barry bonds. one of the star witnesses is barry's ex- girlfriend. joe vazquez tells us she will reveal some intimate details. >> the giants are my heart. >> reporter: caught on camera in malibu by celebrity website tmz, barry bonds says he is rooting for his former baseball team. >> i don't really have fans in san francisco, i have family. that's my family. >> reporter: while the giants family moves on to the playoffs without him, the home run champion is once again seeing the perjury case against him

move forward. federal prosecutors filed documents today like the ones filed two years ago. they say they plan to call a list of 25 witnesses including jason giambi who has admitted to using steroids. kimberlykimberly bell will testify that he had bloating, hair loss and testicle shrinkage, all indicative of steroid use. >> reporter: another saying the feds should drop it. >> they are so invested in the case. whether he did or didn't do they have evidence to get a conviction? i don't think they do. >> reporter: prosecutors say they have a urine sample which they claim tested positive. the case has sent bonds into a forced retirement but he says he will be walking this weekend. >> giants for life. i love you. much love to san francisco. mwah. i hope you beat their ass.

yes, sir, man. how is that. >> reporter: we reached out to barry bonds' attorney michael rains but i didn't get a phone call back. i did talk to fans walking around at&t park saying really, you are still covering bonds? yes, we are. this trial has been delayed for two years and has another six months to go scheduled to start in march. >> joe vazquez at the park. thank you, joe. checking out our headlines around the bay area. police arrested william yoakem for a sexual assault at the park regency apartments in walnut creek. he lives at the complex and was acquainted with his victims. five women assaulted at the same complex. one other man has already been arrested in one of the other assault cases. a car hit and killed a man about 6:00 a.m. this morning. police say the victim had just left a homeless encampment and was not in a crosswalk. san francisco police

released this sketch of one of two men who attacked a couple at point tower back in august. police say he punched a man with brass knuckles. a second suspect punched a woman when she tried to intervene. well, there is a new generation of superbug infections out there more resistent to antibiotics than anything doctors have seen in the past. apparently you can catch these just about anywhere. katie couric shows us a routine infection common to women may soon send thousands to the hospital. >> i never thought it would happen to me. >> reporter: tom dukes was the picture of health. an energic 52-year-old sales executive who worked out four hours a day living in california. until late last year when he was rushed to the hospital in agonizing pain. an hour later he was on the operating table. >> i thought i might just be saying good-bye. that was my last thought.

>> reporter: dukes awoke to a shocking reality. surgeons had to repair a hole in his abdomen caused by a raging e. coli infection developed after eating contaminated meat. this form of e. coli was much more aggressive because it had several genetic mutations making it resistant to antibiotics. >> everything was getting progressively worse quickly. >> reporter: dukes' story concerns infecttious disease doctors like brad spellburg, author of "rising plague." >> these organisms are the experts at resistance. >> reporter: he says more infections are starting out as bacteria in food and other ordinary places and evolving into deadly drug resistant super bugs. >> it is starting to move out of the hospitals and into the communities. >> and what happens to those people? >> we may have to start admitting tens of thousands of women with urinary tract infect

infect infections to the hospitals. >> it is becoming resistant to antibiotics. >> reporter: resistance is growing especially among the five deadly bacteria. all carry genes that prevents antibiotics from working and these mutations are spreading. another reason for these lethal strains, the over use of antibiotics. 40% prescribed are unnecessary. developing a new antibiotic takes at least 10 years and costs as much as 1.7 billion dollars. drug companies make more money creating medicines people take every day for chronic conditions like high blood pressure, insomnia or sexual dysfunction. >> do you consider this a great public health crisis? >> this is a convergence. dying antibiotic development.

whenever an athlete gets hurt or someone is in a car crash it is pretty hard to tell if they have actually suffered a concussion. >> well tonight, thanks to the army there is a discovery that could let doctors know in minutes. plus... shattering stereo types. a cheerleader that is up for ,,,,,,,,,,,,

the army says it discovered a new an a major medical leap that will help the injured from the battlefield told football field. the army said it discovered a new and simple way to diagnose brain damage in combat troops, young athletes and even infants with shaken baby syndrome. a simple blood test that looks into proteins that spill. >> the blood stream from damaged brain cells. ?a it will allow us to ensure soldiers and others that suffer some kind of concussion type of event are healed. >> the army will conduct more tests and will apply for fda approval before it can be made available for public use.

you know, every once in a while teenagers will really show what they are made of. and tonight some students at a bay area high school have done something extraordinary. kiet do introduces us to cheerleader rachel cooperstein. >> all right. this is a great story. we are going to recue that tape an bring and bring it to you in a second. first we will go to roberta to see what the weather will be like this weekend. roberta? >> let's go ahead and look outside to our live cbs5 weather camera. we are looking outdoors where we did have some sunshine earlier today. highs 68 to 95 degrees. the warmest location defencemen again was in the livermore

area. tonight we cooled down substantially all associated with the cooler air mass that has moved onshore. that's all associated with the low clouds and fog that has pushed back onshore. by the way, we want to say hats off to eric simonson who has sent us in this photo to mypics. we welcome all your photos at mypics@cbs5.com. eric obviously in the spirit go giants. 4:30 p.m. in philadelphia the game tomorrow. partly cloudy skies. breezy winds kicking up to 16 and 20 miles per hour. but air temperature in the upper 50s which will feel much like at&t park. okay, so here you go. yesterday we had clouds all associated with the dissipating front. those clouds have now moved due east and behind it here we have this area of low pressure that is in the development stages. this is what is going to produce a 30% chance of showers on that 49er raider game on

sunday. okay, so 30% chance of showers. never theless we have to put in that chance of moisture. in fact, in the high sierra we have a chance of a thunderstorm activity as well into monday. otherwise, for saturday increasing cloud cover. into the 80s in the central valley with lots of sunshine. 67 degrees once the fog lifts in monterey bay. overnight tonight partly cloudy skies. marine layer along the coast. temperatures pretty much in the 50s in santa rosa to the high 50s across the silicon valley. 58 degrees in concord as well. we have a pretty robust seabreeze out of the west 10 to 20 miles per hour. meanwhile tomorrows daytime temperatures coming down everywhere. in fact, today an 11-degree walk anywhere from the sea shore into the bay. in fact, san francisco was 11 degrees cooler as well. but tomorrow everybody feels it especially in our inland areas. forecasting 79 degrees in san jose. 76 in fremont.

a little warmer in union city. east. low 80s in brentwood, oakley and danville. low 80s in sonoma. meanwhile, it looks like this weekend, we have the tibberon mile swim. it is for hospice. water temperature 57. air temperature 62. there is your radar 49er forecast with slight chance of a shower and extended forecast does call for a dry weather pattern monday through wednesday. in fact, partly cloudy skies. but, ken, i've got to tell you, there is a chance of rain by next weekend, maybe even snow in tahoe. >> i have been hearing that. all right, roberta, keep an eye on that. >> all right. >> thank you. all too many times we talk about teenager and their shortcomings. tonight, a little something different. we are going to go out to

dublin high school where kiet do reports on kids doing the right thing. ♪[ music ] >> reporter: here in dublin -- >> yes. >> reporter: put aside your notions of what you think it means to be a high school students and focus your attention on rachel cooperstein. rachel has downs syndrome but by doing normal, everyday ordinary things that other students do, her senior year has so far been extraordinary. fellow students nominated her to be homecoming queen and in a few moments let's find out if she got enough votes to win. so how does a 4'7", 19-year-old special needs student climb to the top of the social ladder in high school. rachel says she doesn't want to be popular she just want to be myself. >> listening to my heart beat,

makes me hear and makes me special. >> reporter: it all began when the new head cheerleading coach said the team would be all inclusive. >> are you trying to redefine cheerleading? >> no, no, absolutely not. i'm trying to do what i think is right. i have zero tolerance from girls that think that they are better than others. that goes away when you have an inclusive program, when you start cutting people then it becomes i'm better than you situation. >> reporter: her mother said it took a lot of courage to join given cheerleaders' reputations. the reaction was anything but. >> i always thought cheerleaders were kind of mean. is that true if. >> they just are in movies. and you realize they don't do that here in dublin high school. >> reporter: would you go as far to say it is the last thing

you would expect from a stereo typical cheerleader? >> yes, i would. yes, i would. >> for them to be presented with this opportunity -- and i'm calling it an opportunity -- to reach out to somebody who is developmentally different. that's huge that these girls can do that. >> the team captain says cheerleaders can be catty and clickish but not here. >> that's what the stereo type is. i know all these girls, if they were mean they wouldn't be accepting. >> reporter: which brings us back to homecoming night. >> rachel. >> reporter: her family says what happened here is bigger than rachel. it is what we can all do to reach out to people who are different. >> i am so happy. i'm part of it.

thanks, guys, for doing this. thank you so much. i love it. >> reporter: as her mother said, a girl like rachel can dream and sometimes they come true. just to make sure no one's feelings got hurt the school did not release exact vote tallies but they say rachel won by an overwhelming majority. live in [ bell rings ] what are you doing, friending somebody? yeah. you got time for that? you got time to earn more on your savings, online at capitalone.com. that's new school banking, baby! instead of earning squatootski... your savings will be earning three times the national average. now, let's review. capital one interestplus savings... at three times more. go to capitalone.com. what's in your wallet?

welcome to philadelphia, everyone. game 1 of the national league series is later today. tim lincecum usually struggles when pitching in the heat but that won't be a problem later today. game time temperatures are expected to be in the 50s. pat burrell is no stranger to the city of brotherly love. pat the bat was a key member of the phillys team that won it all in 2008. so he has got a good idea what kind of reception the giants will get from the philly faithful. >> i did say in an interview the other day that if you bring your wives and family they will be sitting in this section because it is in your best interest to go out and buy an

utley jersey and just put it on. >> i like pat burrell. i look at him like a good friend. kind of like my son. i spend a lot of time with him. we play baseball and we are going to get him out. that's what we are out there for. do i want him to get any hits? not at all. >> reporter: meanwhile in the american league the wait is over. the yankees and rangers played game 1 of the american league championship series in texas. josh hamilton went two for 18 in the first round and is off to a better start in round 2. a hit off c.c. sabathia. first career run. yankees flexing their muscle late. times with a single to left. yankees score five runs in the 8th and take game 1, 6-5.

round 2 open. following up an opening round 64 with a six under 65. the clubhouse leader at 13 under. moving to danville for the lpga. yesterday britney linsicomb broke the record. a different story today. she shoots 86. falls into a tie. tom cable made it official. switching quarterbacks hasn't been a problem this season for the silver and black. jason campbell will start. >> you think about it, the rams and then this week. >> you play this position you better be ready. >> reporter: you can see sunday's battle of the bay right here on cbs5 at 1:00 p.m. tune in tomorrow night at 11:00 p.m.

we will have all the reaction from game 1 of the national league championship series. ,,,,,,

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