the man accused of beating the very catholic priest, who described as a vicious revenge attack, the man accused of beating the very catholic priest who molested him and his brother. court administrators earning six-figure salaries about to earn even more. why the raises might happen even though some judges call it an outrage. just how bad are things looking for the democratic party? holding on to the senate may come down a close race in, of all places, california. good evening, i'm allen martin. >> i'm dana king. he once told a reporter that he had thought many times about confronting the priest who he says abused him and his brother. well, now the san francisco man is accused of severely beating

that priest. len ramirez on how investigators describe the attack. len. >> reporter: well, dana, the suspect in this case william lynch of san francisco is still in custody here at santa clara county's main jail. however, he is expected to bail out sometime tonight on $25,000 bond. however, if he does bail out, he will be facing some very serious charges related to the beating of his former priest and alleged molester. the suspect 43-year-old william lynch of seven-day forecast surrendered to authorities this afternoon. -- self surrendered to authorities this afternoon. he was arrested for assault with a deadly weapon his fists. lynch is accused of severely beating 65-year-old jerold lindner in los gatos on may 10 of this year, a retired priest. >> half hour prior to that the suspect had called the retirement center and asked whether or not father lindner was there to confirm that he

was there. he used the name eric and he basically said needed to get in contact with father because he needed to make a death notification. so a person told him yes in fact he's here. so about half hour later he shows up there. so the receptionist pages the father. father shows up in the lobby at which point he was asked by the suspect if he knew who he was. when the father answered no, that's when the suspect began to attack the father with closed fist. >> reporter: outside the jail, lynch's los angeles attorney denied that he had anything to do with the crime. >> at this point they are making the accusation. we deny it. as i said, we feel like this is similar to the dallas episode who shot jr. there are so many suspects i don't know how you can possibly narrow it down to one person and at this point we are denying that my client had anything to do with it. >> reporter: lynch and his younger brother accused the

priest of abusing them on a camping trip in 1975. a settlement was reached out of cord. jerold lindner hasn't been charged with any crime. the sacred heart center is a retirement home for about 75 former priests up in the hills in los gatos. you heard how the suspect in this case mr. lynch is accused of talking his way in with a death notice. we're also told dana from the sheriff's department that there were a lot of words exchanged during the beating. however, they are not saying exactly what those words were as mr. lynch was allegedly attacking the victim in this case. >> these have been very high- profile cases and i'm wondering if the priest has been accused of any misconduct prior to this allegation. >> reporter: he has been accused in several cases both in southern california and here in northern california. in fact, there was that settlement back in the '80s i believe between the lynches, the two boys he allegedly

molested on the camping trip, and the catholic diocese. but there's been no formal charges in any kind of court of law against father lindner. >> len ramirez, thank you. debate over whether a proposed increase in salary for the state's judicial system is actually a raise or not. the idea is to make up for wages lost on furlough days. simon perez on why judges say the increase is a bad idea. >> the wage increases is usually a cola or ssi. >> reporter: they tried to define whether getting paid more this year because you were paid less last year is a pay increase or not. the administrative office of the courts employs nearly 1,000 people. the council debated whether those employees deserved a pay increase of 3.5% to make up for money lost on furlough days. >> it's simply a way to say to

employees who have been doing more and earning substantially less, year after year, we are not going to another get them. >> reporter: the next nominee of the chief justice of the supreme court said -- >> i view it if i made $100 and my employer said i'm making 80 but said a year later we'll give you $3 back so now i'm making 83 but not $100, that's not a raise. >> it is out of touch with reality. >> our trial courts throughout the state are facing just dire -- a budget emergencicy. >> reporter: members of the alliance of california judges can't believe raises are even being considered. >> for the administrative staff to get a step increase even if it is warranted, what message does that send when we have 12% unemployment in the private sector and we're being told that we need to ask that sector for more money? >> reporter: what message does

it send? >> i think it sends the wrong message. >> reporter: despite the complaints, the members of the judicial council held firm. >> why can't you ask them to do more with less? everybody else is? >> we're continuing to ask them do more with less. >> reporter: but this is an increase. it's not more with less. it's more with more. >> well, no, i mean, if you look at the bottom line for these employees, the paycheck that they are taking home if the chief approves this recommendation will still be by virtue of the mandatory furloughs that remain in place, at the end of the day, less money than they were earning a couple of years ago. >> reporter: this pay raise or reimbursement for furlough time off whatever you want to call it is only a recommendation. the final decision lies with chief justice george. and he hasn't said yet when he is going to make the final call. >> he retires in january so we expect him to decide quickly? >> with an election on tuesday with the next supreme court justice will get approved by voters or not, chief supreme court justice, we'll have to see. he hasn't said when he is going to decide but he is running out

of time. >> all right. simon, thank you. a few days until those midterm elections and democrats appear to be picking up steam. the latest field poll shows senator box with an 8-point advantage over republican challenger carly fiorina. just two days ago, that race was a toss-up. don knapp on where democrats are suddenly gaining ground. >> reporter: california's independent voters are buck a national trend and deciding otherwise close races according to field polls. he says independents have broken open the senate race. >> so the nonpartisans were going to determine this race in this poll we are showing nonpartisans supportive of boxer over fiorina by double- digit margins. that was not the case in z it was a dead heat. >> reporter: while a republican wave is surging across the united states, california seems insulated not only by its greater number of registered democrats but by the very different nature of california's independent voters

he says. other states independents have a negative view of president barack obama. and policies like healthcare. >> that's not the case among nonpartisans in california. they still view barack obama positively. they rate the healthcare reform law positively. one of the reasons for that is the demographic composition of who are the independent voters in california. they tend to be younger. and younger voters in california are very ethnically diverse. many latinos, many asian- american voters, and those voters are more sympathetic to obama. they are more likely to vote democratic and they are breaking in the boxer-fiorina race for boxer. >> reporter: he says carly fiorina may benefit from a huge get out the vote drive by the whitman campaign. while democrats have a 13.5% registration advantage, getting out more republicans to actually vote will likely cut that advantage to 5%. the tea party, however, may not help republicans all that much. while 40% of voters identify a

lot or some with the tea party, it's the independents republicans really need. >> the real problem for republicans is that they are clearly the minority party in california. and for them to win election, they need to attract nonpartisans to their side. nonpartisans in this state do not view the tea party in a favorable light. sarah palin in particular is viewed very negatively among nonpartisans. >> reporter: the poll is based on 1500 voters 1,000 of whom have already voted or considered likely to vote. as for the polling on prop 19, well, it's been all over the place. but tuesday we are going to get the numbers that really count. as dave bryant shows us, the opposition rolled out a big push today calling the measure a gateway to death. >> reporter: the debate over the most controversial 2010 ballot proposition in the country, california's prop 19 to legalize marijuana, continues to get hotter as election day draws near in what

could be a close race. the no on prop 19 campaign brought in the heavy artillery, senator dianne feinstein, to lead the charge as the final weekend of the race is upon us. after the news conference an emotional feinstein in an animated way said no on prop 19 is the only answer. >> i have 6 grandchildren. this is not how i want them to grow up to go to a party and somebody pulls out some marijuana and says, go ahead, it's legal?? and therefore you're a sissy if you don't because it's legal??? >> reporter: one of the sponsors of the no on 19 news conference was the mothers against drunk driving organization, madd, which claims passage of prop 19 will open the floodgates to stoned drivers on california freeways and a lot more traffic deaths single person begins their day in their vehicle and they end it in their vehicle to get home safely to their children and of in this drug is passed, if we

do not defeat this drug, we will see those deaths and injuries go up. >> reporter: but the supporters of prop 19 argue that you're kidding yourself if you don't think there are already plenty of stoned drivers in california. and just like alcohol, they say, driving under the influence of marijuana would remain a serious crime if prop 19 passes. >> i'm sorry, but anybody who thinks there's going to be more stoned people on the freeways is mistaken. finally, people are going to center to get to purchase cannabis in retail establishments where they are going to be reminded that you can't drive under the influence. >> reporter: but former lapd deputy chief steven downing now retired, says the war on drugs has been a failed trillion dollar experiment much like prohibition failed to stop the consumption of alcohol. >> we're talking about a law that's created a black market just like prohibition did between 1920 and 1933. it created the highest rate of murders in the history of the united states at the time.

>> reporter: the arguments of a no on 19 campaign appear to be sinking in. recent polls have shown that support for the no side is increasing and yes support is leveled off. next tuesday we get the answer. in glendale, dave brian, cbs 5. i'm ken bastida live in arlington, texas. the giants invade the lone star state and they brought a posse with them. we'll talk about it coming up. >> the latest milestone in the bay bridge construction project is done. how caltrans was able to finish early. that's coming up. and it jumped right off a picturesque natural beauty of the bay. so what is that thing up on the marin headlands? ,, the moment you feel run down or achy nip flu-like symptoms

in the bud, with oscillococcinum. get oscillo and feel like yourself again. oscillococcinum, nip it in the bud.

republican. democrat. independent. your party doesn't matter anymore. it's fixing this mess. boxer's been there twenty-eight years. and, look what we've got. when bickering ends, solutions begin. i'm prepared to oppose my party when it's wrong. we can change washington but first you have to vote, to change the people we send there. i'm carly fiorina and i approve this message. they're in texas tongiht, preparing for their third game all right sports fans, realities check. the giants are halfway to the

world series title and they are in texas tonight getting ready for game 33 3 against the rangers. ken bastida is there. >> reporter: people out here excited at what they officially call the rangers ballpark in arlington. beautiful place. we'll show you a little bit of it in just a minute. giants finally got here. they were delayed. they had so many friends and family to board buses to get boarded to the airport, it took a long time to get them all aboard. giants under bill newkom had this to say about the performance of his team. >> you can never plan to get into the world series or to win it but what you can plan to do is to have better and better baseball talent on the field playing the game the right way and having that positive trajectory. >> reporter: might be tough to top the highlights for the

giants fans for games 1 and 2. 20 runs by the giants in the first two games. where were those hits in july and august, huh? remember that? coming back live we want to show you a little bit of this ballpark before they turn the lights out. it's got a little bit of yankee stadium, detroit stadium over there the lawn in the outfield. it's a closed stadium but fans who come here say that the ball flies here. so we could see even more offense than what we have seen already if you can believe that. i'm not sure i can believe that with the scores we saw in games 1 and 2. but we will find out. it all gets under way, allen, tomorrow. the excitement builds once again. >> yeah, but bats were working. let's hope they work there. ken, it's closed in but it's not enclosed right? there is no roof on arming, is there? >> reporter: no roof on arlington. about 62 degrees right now. and you know, it really is a pretty ballpark. when you consider, you know, what was here when they started, it's pretty much just fields and dirt.

they had an old ballpark across the street that was taken down. this new ballpark built in '94, finished in '95. it's a great place. i think it's going to be a great show. >> we'll see. hanging on. ken, thanks. since most of us are going to be inside tomorrow watching the rain, let it rain! >> but in arlington it will be on the sunny side up, 72 degrees, south winds at 13. warmer on sunday at 76 degrees. but you know what, guys? that's not the only play-off action going on. oh, no. it's the san jose earthquakes play-offs right here in the bay area. in fact, it's major league soccer at its best. 7 p.m., tomorrow night, at santa clara university at buck shaw stadium. a good 11,000 people will fill the stands at 7 p.m. partly cloudy skies, rain moving out. it's live, it's high-def doppler radar and it does place the heaviest precipitation right now just bracing up against the san mateo coast. right now the leading edge heading into mountain view as

well as in sunnyvale. a few raindrops around 280 this evening for the commute. boy, nasty commute out of martinez into the brentwood area on highway 4. to the north, we do have plentiful rain showers where so far sonoma has picked up over 3/4" of rain. there you have the leading band of rain moving onto the peninsula. we will continue to see these scattered showers throughout the hours tonight for your out and about -- yeah, it looks like temperatures pretty much in the 60s. our pinpoint forecast has been so reliable the past 36 hours, i have to bank on it as it places the rain in and out the bay area. any kind of precip between now and sunday morning will be .25". you're noticing the east bay in the santa clara valley void of precipitation. temperatures in the 50s and 60s to. your extended forecast calls for partly cloudy skies for halloween. dry conditions on monday through thursday. and allen and dana, that's

important because if the series comes back here on wednesday and thursday, we're looking at dry conditions. >> very good. all right, roberta, thank you very much. a dramatic milestone above san francisco bay and a mysterious scar on the normally pristine marin headlines. we'll have that in two minutes. ,,,,,,,,

[ female announcer ] after jerry brown was no longer governor, what did you lie about when you were governor? it's all a lie. what did you lie about? you run for office and the assumption is, oh, i know what to do. you don't. i didn't have a plan for california. you say you are going to lower taxes. you're gonna put people to work. you're gonna improve the schools. you're gonna stop crime. crime is up. schools are worse. taxes are higher. i mean be real. i didn't have a plan for california.

it's all a lie. chopper five is above some police activity in fremont tonight. we're getting word that this may b chopper 5 above some police activity in the east bay in fremont tonight. the word we are getting is this may be related to a liquor store robbery that happened earlier in the day. police have blocked off the street around mission boulevard and king. apparently, they are looking for the suspect involved in that robbery. again, this is in fremont and we'll keep an eye on it and bring you updates throughout the newscast. bart broke ground on a new line in the east bay today 10 miles from the pittsburg-bay point station to antioch. the trains will be smaller than regular bart trains, but they

will have comfortable seats, wide windows and level boarding. they are scheduled to meet regular trains at the bay point station. service is expected to start in 2015. while one bay area transportation project is just starting, another is well on its way. and tonight, some surprises for caltrans as they work on that fourth and final section of the bay bridge tower. sharon chin joins us from treasure island to tell us it's good news, right, sharon? >> reporter: yes, dana, take a look. it's done! caltrans has finished the second tier of the tower at 4:30 this afternoon. 4.5 hours earlier than expected. the section of the tower has four legs. they are designed to allow some movement when there is an earthquake. caltrans calls it an engineering feat. chef robert steiner is a feast for the eyes. he comes to see the latest milestone on the bay bridge suspension project this time caltrans crews working around the clock since monday morning completing the second tier of the signature tower. >> i'm amazed how it's planned

out. that it all works, how it's coming together, it's really just fun to watch. >> reporter: the section contains four pieces like four legs of a too. the last piece hoisted in as gingerly as the ones before. each piece stands 107 feet tall and weighs more than a million pounds. it's taken 16 to 20 hours just to lift each piece from horizontal to the vertical position to bolt down. the biggest challenge, the wind and rain. >> we thought we would get more rain than we did at the end so that's been very good and will allow to us complete a couple hours earlier than we thought we might have to take. other challenges? i think we met them all. this was a very smooth operation. >> reporter: with the second tier of the tower in place, it rises 10 stories above the bridge. that's a little more than half its ultimate height and at eye level for drivers. caltrans has been warning drivers not to slow down and gawk especially during the heavy commute hours and drivers have responded.

>> we have done very well with the traffic. people -- we have smart commuters in the bay area and they tend to listen we put a warning out there. it's also got a lot of attention which is positive for us. >> reporter: the next step, the third and fourth and final parts of the tower, the pieces arrive in december. the whole tower at 525 feet above the bridge should be done by february. and then after that, they are going to finish the deck. then it will be 2012 start on the suspension cables. >> so we're 4 hours ahead on a 21-year-old project. [ laughter ] >> reporter: a lot of work. >> all right. it's getting done, sharon. thank you. if you drive from the city into the north bay, you're probably asking this question. what is this thing? a mysterious kind of brownish yellow patch that suddenly popped up on a normally pristine hillside in the headlands. don ford is going to find out what it is tonight. >> reporter: the golden gate bridge, the view admired by tourists from around the world. >> i see the bridge and a big

yellow patch. >> reporter: last that? >> i have no idea. >> i'm not sure what it is. >> reporter: it's huge! it can be seen for miles. and it is made of straw. a straw antierosion blanket thousands of scare feet in size full of locally collected seeds to repair the steep slope below the road that was savagely eroded. construction crews smoothed out the hillside and now are rushing to get the mats in place before the winter rains. erosion control is part of a larger project to rebuild the park roads. >> a big part of why we're having to rebuild it is the drainage was always a little off, the road was built by the military a very long time ago, and though they did a great job of constructing it for their era, these days we need more engineering behind it. >> reporter: 11 miles of road

are scheduled for upgrade. myra hester is the project spokeswoman and she says the giant straw ma. it won't be there long before the plants take root and the straw disappears into the soil. >> it will probably take the plants a season. >> reporter: construction crews are planning to have this completely done by november 20th. bicyclist will be invited to enjoy the new pavemen firms. vehicles come later. don ford, cbs 5. was it a legitimate attack or a dry run? multiple devices found in multiple locations. where they were heading and how security officials are responding. and for anybody headed to the airport, well, why you might want to prepare yourself for some very hands on screening. the hospital drew a drop of blood from this newborn. but his mother never knew where it ended up. what is done with children's dna coming up in minutes. ,,,,,,,,,,,,,,,,,,,,

this, after explosives were discovered on two cargo planes bound for the u-s. there are worldwide fears of a new terror campaign after explosives were discovered on two cargo planes headed to the

u.s. the white house believes it to be a credible threat. randall pinkston reports. >> reporter: they do. this holt plot began to unfold about 24 hours ago. the white house homeland security advisors say two of those packages that were found with explosives in his opinion amounted to an attempt to attack the u.s. and could have done harm. investigators searched three cargo planes and a truck in the u.s. after packages containing explosives were found on planes in england and dubai. law enforcement officials say they found a toner cartridge with wire and powder during routine screening in england. explosives were found in england and dubai but they may have required a detonator to go off. president obama made a statement. >> at this stage the american people should know the counter- terrorism professionals are taking this threat very seriously and are taking all necessary and prudent steps to ensure our security.

>> reporter: planes in philadelphia and newark, new jersey were thoroughly searched as well as a truck in brooklyn. cbs news as learned investigators are looking for 10 to 20 packages with return addresses from yemen. some were addressed to either jewish centers or synagogues in chicago. the department of homeland security is stepping up security at airports across the country. john curtin from atlanta isn't worried. >> seems like it's a part of our daily life anymore. and unfortunately, it's --i think it will be for a while to come. >> reporter: and officials aren't taking any chances. two fighter jets escorted a flight from yemen today into kennedy airport in new york out of an abundance of caution. the white house says americans should not change their travel plans because of the attempted attack. and tonight, u.p.s. announced it is no longer shipping any packages that originated in yemen until further notice. >> randall, we have pretty big

fedex, u.p.s., operations here in the bay area. those 10 to 20 packages, do they give any other details about those at all? >> reporter: all we know is two packages contained explosive materials. some of that explosive materials are linked to the attempted bombing on christmas day in detroit. so that is giving counter- terrorism experts the idea that somehow al qaeda in the arabian peninsula is connected to this plot. >> if there are other packages, i hope they get them. thank you, randall pinkston. this all comes on a day when the tsa announced a major change in how its agents will screen some airline passengers using a hand slide method now. it's similar to a patdown but much more intrusive. it's for those who opt out of a body scan or set off the metal detector. it was planned well before

today's suspicious package scare. >> if it keeps us safer, i guess we have to do it. >> if that's what they have to do, we do it. if not, stay home. >> one passenger said the new method will only allow terrorists to get better prepared to get things through security. screeners for the hand slide method will be matched to the passenger gender. tonight a pleasanton company that promises to help struggling home owners get loan modifications faces criminal charges. on the consumerwatch, julie watts shows us the company that's accused of bilking customers who came to them for help. >> reporter: joe and amber had high hopes when they showed up check in hand for their appointment today at american financial funding in pleasanton. >> they told me they would lower the payment by $1,000 but they wanted $2,900 to do it. >> reporter: what the manteca couple didn't know is it's illegal in california for companies to charge advance fees for a loan modification. according to the this criminal complaint filed today, american

folks every financial funding charged an east palo alto couple $4,000 to help them get a loan mod, something alameda county assistant d.a. david lynn says is against the law. >> they actually did no work. so these people paid good money $4,000 and didn't get any benefit for having paid that money. >> reporter: so we went to the president of american financial funding himself to give him the opportunity to answer to the charges. >> there's definitely been some kind of misunderstanding. >> reporter: he told us his company helps people. >> reporter: they are paying us to prep their package and send it off to the bank for them. that's all they are paying us for is document preparation. >> no company can accept advance fees for loan modification. that's the end of the conversation. if you are going to do a loan modification for home owners you can't accept advance fees. >> reporter: that's not the only legal problem. >> they were holding themselves out as a law firm when they weren't. >> reporter: corey hill an employee of the company seemed to confirm that. >> there is no lawyer here. >> reporter: there is no lawyer. >> this is not a law firm. >> reporter: yet look at the company's front door t clearing

says, law office of margaret lowry. now, if corey hill looks familiar to you it's because you saw him on cbs 5 last week. that's when he apologized on camera for mistakenly sending out about 2,000 letters to home owners informing them they were in foreclosure. turned out they weren't, and now that matter is also under investigation. as for joe and amber, they are glad they ran into us and they have changed their mind about turning to american financial funding for help. >> i'm not even going to walk upstairs now. >> reporter: we said it before, we'll say it again. if you need a loan mod start with a nonprofit hud-approved housing agency. never pay for one in advance. the alameda county d.a. is now looking for others who have had dealings with these companies. on the consumerwatch, julie watts, cbs 5. give birth to a child in california and it will happen. a little needle prick in the foot for a dna sample. why it's being done and what many parents don't know about it. i'm dennis o'donnell in arlington.

coming up, we are going to go to london for a report on the 49ers. kim coyle is there. we are going to show you how the ballpark in arlington will favor the texas rangers in game 3 of the world series. ,,,, [ female announcer ] at&t makes it easy to choose the services that fit your life. who doesn't want more choices? i like choices. you can even choose wireless voice service. not with my cable company. well, it's time to switch. check this out. [ female announcer ] call to choose your double bundle, including u-verse tv, starting under $69 a month.

switch now and get a 30-day money-back guarantee -- plus dvr is included. with u-verse tv you can record up to four shows at once from any room on a single dvr... and play them back... on any tv. nice. my cable can't do that! internet at home includes access to our entire national wi-fi network. that's awesome. you know at&t's wireless service has the nation's fastest mobile broadband network. really? wow. [ female announcer ] so choose your double bundle, including u-verse tv, starting under $69 a month. switch now and get a 30-day money-back guarantee -- plus dvr is included. hey, do you want to experience a better bundle -- at&t, right? you got it. [ female announcer ] build a bundle that's right for you.

screen for genetic diseases. it saves newborns fro every baby born in california is supposed to get it, a blood test to screen for genetic diseases. it saves newborns from serious brain damage and even death. but what happens after the blood sample is taken? juliette goodrich shows us in a story you will only see on cbs 5. >> reporter: the couple just learned something from cbs 5 that they didn't know regarding their newborn son diego. it has to do with a needle prick in the baby's left heel he got right after his birth. >> yes, i was there. you could even still see it. >> reporter: the hospital told them it was a screening test. >> testing his blood for potential diseases. >> reporter: but it turns out,

there is more to it than that. after the blood spot is screened, it is stored in a giant database. diego's dna along with every baby born in california will be kept for at least a generation and used for genetic research. >> i had no idea really. >> it would have been nice to know that they keep that >> right now, there are about 15 billion. >> reporter: dr. fred runs the program. >> they are used for a variety of things all very, very beneficial. >> reporter: he says state researchers use the spots to develop new tests that can screen for new diseases. but the state also allows access to the database. a cbs 5 review of state records shows some requests come from parents like chris and amber harris. >> this little child was the light of my life. >> reporter: they have been fighting to get chris' daughter michaela back from south africa where she was abducted and

needed her dna to prove chris was her father. >> i wonder if they saved though samples. >> reporter: sure enough her blood spot was in the databank and prove's chris' paternity. >> the fact that they had those samples is such a blessing. >> reporter: but there are other uses for the blood spots that are more controversial. the state also gets requests from researchers. >> we get somewhere around 40 or 50 a year. >> reporter: dr. lori says there are strict guidelines concerning the types of research allowed. >> they have to be related to public health of mother and child. >> reporter: and to protect privacy, the spots don't have a name on them just a number. >> and only certain people in our program actually have access to that. >> reporter: but that is still not sitting well with this couple. >> they have the dna of my son and they can do whatever they want and i don't even know. >> reporter: other families feel the same. there have been lawsuits in minnesota and texas which had

to destroy 5 million specimens last year. >> this really is a dna property rights and privacy rights issue. >> reporter: twyla with the citizens council on healthcare in minneapolis says dna could be misused. >> it could be used against the child eventually later on in employment and insurance decisions. they are conducting research without the consent of the child or of the parents. >> reporter: but dr. lori says not so. >> we make every effort to inform them. >> reporter: but cbs 5 couldn't find any reference to the database in the information booklet that parents get. a test request form does say the spots will be used for research unless you specifically request in writing that your specimen not be used. but it also says in small print that the state may not be able to comply with your request. the couple says they never saw it. >> dna is one thing. testing for diseases is another thing. so we are not being told.

not good. >> reporter: juliette goodrich, cbs 5. >> the state says since the dna database was started in 1980, no parent has ever been denied a request to have a blood spot destroyed. and dr. lori says the health department is in the process of reworking the information booklet to make sure parents are more informed. but there is still no proposal on the table to have parents actually sign a release form. you can add your opinion to the debate at cbs5.com. click "watch & listen." scattered showers on this friday evening across the bay area. now the areas that will see rain for the weekend. we'll pinpoint those neighborhoods as eyewitness news continues right here on cbs 5. ,, ,, [ woman on tv ] if you won't let me in,

you can't really love me. i know about gayle. i don't know what you're talking about. if you just tell me what happened... [ ding ] [ man ] 35th and archer. next stop hamilton. [ brakes hiss ] ♪ [ male announcer ] now you can watch hit tv shows on your smartphone when you get at&t u-verse tv. call, visit or click today. at&t. rethink possible.

oh, we're just looking for a little dry over the weekend. [ laughter ] >> timing. it has to be right. >> okay. what else do you want? [ laughter ] >> wow! >> your wish is my command. [ laughter ] >> actually, you know, we had a wide variety of weather today from 57 in kentfield and santa rosa and san rafael and three-

quarters inch of rain to 78 degrees and no rain in fremont. this is the scene of the city by the bay. the future champions of the world series! your san francisco giants! >> that was the other thing we wanted. [ laughter ] >> official sundown at 6:14. by the time it comes back up tomorrow morning at 6:31, nobody is going to see it because we still have mostly cloudy skies slated for your saturday morning. our live high-def doppler radar does place the stationary front now advancing onshore moving into the peninsula bringing some copious amounts of rain showers right there from daly city through south san francisco back into pacifica and also in a southerly fashion towards san mateo. and then speaking of the south check out salinas, monterey, santa cruz. santa cruz is expected to pick up about 1.5" of rain before this all trails off. there is your north bay with the pounding of rain moving in towards san rafael as all this continues to lift up towards

novato, as well. so allen, the bottom line is you do need an umbrella for this friday night. scattered showers, temperatures 50s and in the 60s. tonight we'll bottom out anywhere from 48 degrees in napa to about 52 in san francisco and mid-50s, santa clara valley, impressive. area of low pressure that is the front. that's the band bringing the rain showers. it's gradually sagging to the south and then will eject to the east. and as it does so it will take the precipitation with t until then, there is your saturday. an isolated scattered shower early. looks like for the most part to the south and wrapping around to the east. and then by saturday afternoon, albeit mostly cloudy, a few sunny breaks and the rain does begin to taper off. so the weekend will eventually dry out. but look what's happening in tahoe! you know boreal is open at least one trail. and we have 80% chance of one to three inches of snow from 7,000 feet on up. now, tomorrow, on up goes the

temperatures. 50s to the mid-60s. that's as good as it gets. here's your seven-day forecast. once the rain trails off on saturday, we have sunny skies with a few clouds for halloween and then, on monday through thursday, and we'll even throw in friday, sunshine and temperatures where they should be for this time of the year. it's football action, raiders hosting the seahawks. partly cloudy skies on sunday. nightfall sunday, nothing to fear at all, mid-60s to mid- 50s. mypix by sheryl of sonoma, we love you! she loves the giants. she says everybody in the north bay lost the giants. , we all do. keep the photos coming to mypix@cbs5.com. make it a great weekend, everybody. >> let's cement a win! >> ba da bump! nice job. >> yeah. >> on her game. looking to cash in on your gold? well, now is the time. but where do you go and who pays the most? tonight at 10:00 on the cw and 11:00 on cbs 5, consumerwatch goes undercover and finds the

best deal. i'm dennis o'donnell in arlington. rangers are coming home and they are happy. we'll show you why next. ,,,, david harmer wrote an education plan titled "abolish the public schools." he even called our schools "insidious" and "socialism." as families struggle to raise their kids, to provide a good education, harmer bragged, "we can design a plan to dismantle them." david harmer is just too radical. we need jerry mcnerney. protecting local schools from devastating cuts. endorsed for his "independence"

by the contra costa times, stockton record, and our local teachers. i'm jerry mcnerney, and i approved this message. republican. democrat. independent. your party doesn't matter anymore. it's fixing this mess. boxer's been there twenty-eight years. and, look what we've got. when bickering ends, solutions begin. i'm prepared to oppose my party when it's wrong. we can change washington but first you have to vote, to change the people we send there. i'm carly fiorina and i approve this message.

i know what the slogan is but the giants plan to mess with texas, big time. >> that's right. let's go, bring it on! >> nicecolors. [ laughter ] >> you know, it's a beautiful night here. actually, in texas, as you guys know, game 3 is coming off tomorrow. jonathan sanchez will pitch for san francisco. now, of course in the american league park during the world series you have the designated hitter. pablo sandoval is the giants dh tomorrow. san francisco up two games to nothing but giants are towing the company line. a 2-0 lead gets you nothing. >> this isn't over. >> reporter: if ever a baseball team needed their home field, it is the texas rangers. they have won 51 games in this park. and one giant who has played here knows why. >> we are going to their place and they win one they're right back in this thing. so by no means is this over. we can't get too comfortable.

they are going to be fired up. their fans have been waiting for a long time for this, too. they are going to be loud. so we have to go in there and take the first one. >> reporter: home field or not, the numbers don't favor texas. 51 times in world series history teams have taken a 2-0 lead. 40 of those have gone on to win the championship. if you are scoring at home, that's 78.4% in favor of the giants. >> damn it! >> reporter: in texas, think like to use the phrase, that ain't no bull. right now they could be referring to the rangers' bullpen. >> the 3-2, it's 4-0. >> reporter: texas relievers have given up 11 runs in the first two games of the series of. >> like batting practice. >> talk about the advantage of the giants bullpen has shown over rangers in the first two games. >> they have come in throwing a lot of strikes, and that's key.

and one guy gets his job, passes the ball into the next and so on and so on. >> lopez has done his job. >> our bullpen has been doing it all year. they have always stepped up. and, you know, they have done a great job. our whole pitching staff all year has done it and they are doing it now again. >> four straight walks, now three straight hits. >> i did smell the marahoochi smoke on the streets. >> just out of curiosity is there any way some of that secondhand smoke made its way into the ranger dugout sometime in the eighth inning? that might explain some things. >> reporter: texas might be a great place to stay but it's the giants who have the beat, better pitching, hitting, better bullpen. >> it is a must-win. we certainly don't want to go down 3-0. >> this is a race to 4 and to be able to hold the home court if you will. you know, we came in here and you always just want to be able to win at home and take these two. it's a nice momentum push for

us going into texas. >> reporter: so they can take a 3-0 lead tomorrow. jonathan sanchez against colby lewis. sanchez you may recall lasted only two innings in his last start while lewis got the clinching win for the rangers in the alcs. cbs 5 well represented across the globe. it is in the wee hours of the morning in london when the 49ers are getting ready to take on denver. here's kim coyle. kim. >> reporter: thanks, dennis. sunday is considered a home game for the 49ers. and with temperatures in the 50s and rain in the forecast, it may feel a lot like candlestick. while the 9ers have been here all week, the broncos decided to practice at home and treat it more like a regular road game. they arrived in london earlier today. as for the 9ers, despite being 1-6 and troy smith making his first start at quarterback since 2007, mike singletary expects his team to turn things

around. >> i don't know what denver is going to do. but i can say that we will play well. why? okay. now you got to watch the game. and then you'll see. >> reporter: of course, you can see the broncos and 9ers right here on cbs 5 at 10 a.m. pacific time followed by the fifth quarter live from wembley stadium at 2:00. let's go back to dennis in texas. >> all right, kim. thanks. hope you're not suffering from too much jet lag there. former raider quarterback jamarcus russell was arrested in his hometown of mobile, alabama for possession of a controlled substance on july 5. specifically for being in possession of a drinking codeine syrup called the purple drink. today a grand jury decided not to indict him on a drug charge. his attorney says that russell is working out hard in hopes of returning to pro football. football of course is king in texas. certainly on friday nights they call it friday night light. and if they are looking for a analyst you may want to get a

kid out of massachusetts. listen to this. >> boston throws it out... backward pass, a lateral, a lateral, yeah, yahoo! [ screaming at the top of his lungs! no, that way, absolutely not! absolutely not! [ screaming ] >> that's a backwards pass. >> oh!! >> high ball. that's a touchdown taken off the board against the green waves! >> reporter: yeah, fantastic. hire that guy. i'm going to show you guys the wall. that's what the giants are talking about. that's what they say, that short porch could be trouble. josh hamilton, they like to play long ball, that's what you want to look out for in game 3. guys? >> see you at 10:00 and 11:00. newscast is at 10 on the cw: hi! welcome to progressive.com. come on in, and i'll give you a free quote. quote and compare in about 8 minutes.

now, that's progressive. call or click today. i'm among 30,000 employees who used to work for hp. i was supposed to retire there. carly fiorina changed all that. fiorina laid off 30,000 people and she shipped our jobs to china

and india. i had to pack my bags and i was out the door that night. we even had to train our replacements. she didn't need 5 corporate jets. one hundred million for herself. fiorina never cared about our jobs. not then and not now. i'm barbara boxer and i approve this message. he finally came clean. what did you lie about when you were governor? it's all a lie. what did you lie about? you run for office and the assumption is, oh, i know what to do. you don't. i didn't have a plan for california. you say you are going to lower taxes. you're gonna put people to work. you're gonna improve the schools. you're gonna stop crime. crime is up. schools are worse. taxes are higher. i mean be real. i didn't have a plan for california. it's all a lie.