claims of second graders having sex in t room. your realtime captioner is linda marie macdonald. caption colorado, l.l.c. a bay area school taking action after claims of second graders having sex in the classroom. the apology to parents and what's happening to the teacher. >> plus a kidnapper still on the run with a 4-year-old boy. this morning what the suspect's mother is revealing about his mental state. >> and yesterday's record proved -- yesterday's temperature proved to be a record-breaker. will it happen again today? how long will this warm weather last? the answers are straight ahead in your pinpoint forecast. >> early-morning roadwork may slow you down this morning. i'll tell you what areas to

avoid just minutes away. good morning, everyone. it is friday, january 21. i'm sydnie kohara. >> i'm elizabeth wenger. time now 4:30. shocking reports this morning at an elementary school in oakland. second graders performing sex acts on each other in class. grace lee tells us the teacher was present at the time. >> i think everyone is taken aback. it's a shocking incident. reporter: try flynn a spokesman from the oakland unified school district says there were two separate occurrences at markham elementary school that they are investigating. last week, several students reportedly took off their clothes inside a classroom while a teacher was present. even more surprising, in the same classroom, a boy and a girl engaged in oral sex, two second graders again while the teacher was there. >> of course, it's hard to understand how that could have occurred given the severity of the event. >> reporter: all the principal could do was send out an apology outlining the

allegations. in a letter a dressed to parents of markham students, principal pam booker said this, quote, represents an unacceptable lack of supervision. i understand there is great anger over this news. >> i wouldn't send my child to that school again. i'd report the teacher, whoever, that's really bad. >> reporter: you would take your children out of that school? >> yes. >> it's a shame that children of that age are engaging in that because as we all know that they are either seeing it somewhere in their home or in an around where they are. >> it is shocking to think that this could happen at that age. but we have to confront the reality of our society and not put our heads in the sand. we just have to address it and try and put in measures to make sure that these things don't happen. >> reporter: grace lee, cbs 5. second graders who observed what happened or were involved in the incidents are being offered counseling. the mother of the man suspected of kidnapping a 4- year-old boy is now breaking her silence.

it's been four days and there is still no signs of juliani cardenas or his alleged kidnapper. now, this is home video of the boy shot two weeks before police say jose rodriguez stormed into his grandmother's home and took the toddler. rodriguez is the ex-boyfriend of the boy's mother. the suspect's own mother has depended her son saying -- defended her son saying he has been a father figure to the boy in the past but right now he says he may be afraid of the consequences of turning himself in. >> jose, if you see me out there boy, you come home because mom didn't raise you like that and we're waiting and we love you and just come home. >> the mother of the missing boy is 8 months pregnant with the suspect's baby. she also has a message for rodriguez. >> if you love him, why are you making him suffer like this? you told me how much you loved him all the time. don't make him suffer anymore. >> and the search continues for the suspect's getaway car.

for the past two days dive teams have been searching in a canal in stanislaus county after a witness claimed to have seen a car go into the water. today investigators will check the pipeline in the canal in case the car did sink and get stuck. here's another look at rodriguez and juliani cardenas. rodriguez is 5'9", 180 pounds. he was wearing a white and black shirt with checkered shorts. juliani is 3/6", dark pants, light blue shirt. rodriguez may be driving a car silver toyota corolla with california plates, here's the plate number, 6hbw445. new efforts this morning to try to save caltrain. the silicon valley leadership group is holding a special summit this morning at stanford university. the group hopes to build a coalition to keep the commuter service afloat. right now caltrain faces a $30 million budget deficit and will likely have to reduce service to close that gap.

a judge will hear pretrial arguments today over evidence against former giants slugger barry bonds. prosecutors say they have proof that bonds used steroids between 2001 and 2003 and then lied about it before a grand jury. but much of their evidence is linked to bonds' personal trainer, who has refused to testify. the judge has already excluded urine tests. now attorneys for bonds want other evidence thrown out ahead of the perjury trial such as calendars and handwritten notes. and the trial has already begun for the man known as spider dan. dan goodwin climbed a 58-story building in san francisco last september. he now faces charges of trespassing and public nuisance. goodwin says he made the climb to call attention to the lack of security in skyscrapers. but yesterday a prosecutor argued that the stunt put people's lives at risk and, yeah, caused a major disruption. 4:35. police are telling women in oakland to watch out, this

after a man attacked, robbed and sexually assaulted a woman near lake merritt tuesday night in a residential neighborhood off lakeshore avenue. the woman was coming home from work. the man still on the loose. investigators are trying to determine whether the incident is connected to two other attacks in the same area a few months ago. also in oakland, police are on the hunt for the gunman who shot and killed a 31-year-old man in broad daylight. this happened yesterday afternoon in willow park. police say someone fired several shots as children played nearby. he was rushed to a hospital but died after surgery. and the victim of a murder in san francisco has saved lives as an organ donor. 30-year-old joe hernandez died after he was struck in the head during a fight at san francisco's temple nightclub january 9. san francisco general hospital says hernandez's family wanted to keep details of the organ donation private. later this morning,

congresswoman gabrielle giffords will head to a houston rehabilitation center. she was outdoors for the first time yesterday since being shot in the head almost two weeks ago. her husband helped wheel her hospital bed outside to take a peek at the mountains. now in terms of her progress, she has been able to stand up and scroll through pictures on an ipad. doctors warn the congresswoman still has a long road ahead of her but her husband is confident she will make a full recovery. >> she will smile at me. she'll do some couple things that she will only do around me like pat me on the face. she used to do that before. >> well, giffords has not yet talked and the right side of her body is still very weak. her doctor says she will likely have to relearn even basic tasks such as brushing her. >> what an amazing recovery, though. 4:37. time for weather and traffic. robert we hope this great weather continues through the weekend. >> we want 70s. >> i need to coin a new phrase

this morning. it's not an official weather term, but winter warmup. that's the best way to describe this. check this out. yesterday, 67 degrees at the oakland airport. that was a record. temperatures are besting a record i should say of 64 degrees. and we are expecting more of the same today. chilly as you start the day, 38 degrees for santa rosa, 43 for san rafael, 40 napa, 36 in fairfield. that's all because we're seeing clear skies. no clouds there to keep the sunshine and temperatures in. however we expect to warm up to mostly sunny skies. patchy fog in the inland east bay areas. so be careful of that. but we do expect a warmup today. 67 degrees in our warmest of areas. inside the bay 68 degrees. it will be 65 at the coast. wait until you see the weekend forecast. but before i get to that we have to check the roads. here's gianna. e roads.

>> good morning. first check of your friday drive not too bad. construction this morning, southbound 880 between winton and jackson the usual stuff. they have various lanes closed through there and should open by 5:00. the traffic still very light over a roadwork north of there in oakland. southbound 880 between hegenberger and 66 they have roadwork there as well, that will open at 5:00, 6:00 this morning also. let's get live look at 880 this morning, off to a good start on this friday morning, no delays to report. on the bay bridge, friday light as well. the metering lights are off, clear across the upper deck into san francisco. that's a first look at your friday drive. back to you. >> thank you. time now is 4:39. a big shake-up at google. the change at the top and wall street's reaction to the news. >> plus, she lost the governor's race but meg whitman is moving on. her new role in a major tech company and her message to former rival jerry brown. and champions, they don't come cheap. the record sum giants managers

are spending to keep the team together. ,,,,,,,,,,,,,,

it is tgif! happy friday and good morning. yesterday's gusty winds are expected to taper off today. we saw a record temperature at the oakland airport yesterday. we saw 67 degrees and check out alameda, expected high today 67 degrees. 65 in berkeley. we'll see a mild 61 degrees in walnut creek. virtually the entire bay area will see mostly sunny skies. i have a seven-day forecast that i think is going to have you salivating for the weekend. ating for the back to you guys. >> be grateful, too, after seeing what's happening in the midwest with that big snowstorm there. what a mess. governor brown making another move in his effort to reduce california's $25 billion budget deficit. the governor yesterday reaffirmed the state is in a

fiscal emergency declared by his predecessor. that means state lawmakers have 45 days to address the problem. if they don't meet that deadline, they will be prohibited from acting on other bills. she didn't win the governor's race, but now she can put hewlett-packard board member on her resume. meg whitman was named to that board after four directors decided not run for re- election. hp has hit rocky times with shareholders ever since at bankrupt exit of former ceo mark hurd triggered questions about the size of his severance. also, whitman says she hopes jerry brown is successful as governor telling the "chronicle," quote, california needs him to be successful. let's give the guy a chance and let's see what he can do. a shake-up at google and an increase in mortgage rates. those are just two of the business stories making news this morning. here's alexis christoforous with your moneywatch report. reporter: a surprise management shake-up at google.

cofounder larry page is reclaiming the ceo position from eric schmidt. schmidt had been brought in as ceo a decade ago because google's investors thought page then just 27 years old was not mature enough to lead the company. schmidt will stay on as an advisor. the management change overshadowed google's quarterly earnings, which soared past analysts' estimates. mortgage rates rose slightly this week. according to freddie mac, the rate on a 30-year fixed loan rose to 4.74%. but the rate on a 15-year loan actually fell to 4.05%. on wall street, investors are worried that china may raise interest rates. that offset strong profits at morgan stanley and better than expected reports on home sales. the dow was down 2, nasdaq down 21. another fast food group is planning to ditch one of its brands. wendy's wants to find a buyer for its arby's chain. the roast beef sandwich chain accounts for 30% of wendy's

revenue but it's struggling. earlier this week yum brands says it's keeping pizza hut and others but selling long john silvers and a&w. for more go to cbsmoneywatch.com. in no, i'm alexis christoforous. progress on keeping the 49ers at candlestick park for at least four more years. the parks commission has approved a tentative five-year lease. the 49ers can opt out of a final year if a proposed stadium in santa clara is ready. it would also give the 49ers millions of dollars in rent credit to fix up the stadium. the board of supervisors still has to sign off. the payroll for players salaries on the giants will be about $115 million this year. that's the club's highest ever. nearly every player from last year's world series championship team is returning. the only players going to other clubs are two infielders, juan uribe and edgar renteria and the giants are hoping their

pitchers pick up where they left off last fall. >> we would love to have another one back to back. it is 4:46. an oscar winner coming clean about his bout with a deadly disease. it says good for you on the box but it may not be as healthy as you think. did that say chocolate cheerios? didn't know that existed. the study that could change the way you read food labels. >> and maybe fido should stay on the floor. the warning about the deadly risks of sleeping with your pets. ,,

it is 4:48. the fbi is calling it one of the biggest mafia takedowns ever. 127 alleged mobsters were busted yesterday in new york, new jersey and rhode island. some 800 federal agents and police officers were involved in the arrests. the alleged crimes include

murder, extortion, arson and drug dealing, some going back 30 years. the raids targeted some of the most well known crime families on the east coast, including the gambinos and the colombos. well, it's at least another seven years behind bars for that woman, one of charles manson's followers. a parole board in los angeles has rejected patricia krenwinkel's latest bid for parole. she was among those convicted for the 1969 tate labianca murders. in a parole bid she claims she is a changed woman but the panel says the viciousness of the crimes outweighs that. two death threats were discovered in southern california aimed at governor brown. the messages were found yesterday scrawled in graffiti across two walls in santa ana. the first one read, we gonna kill governor brown with a date february 14 next to it. it was quickly painted over by the public works department. but hours later, another graffiti threat appeared a mile

away counting down the days with a swastika next to it. >> whether there is some relationship with white supremacist groups hopefully we'll find that out. >> right now, the chp's dignitary protection agency and the santa ana police are investigating. . good morning. and happy friday! and this is what you need to be happy about. a live look at new york's times square where there is snow and ice already on the ground. two to four inches of snow is expected throughout the northeast. in fact, from west virginia to maine, they can expect snowfall, all from that system that slammed the midwest yesterday leaving temperatures at 42 below zero in minnesota. we will see none of that. take a look at our area. mostly clear skies as you start this day. those clear skies are leading to some chilly temperatures. 36 for the farthest reaches of the inland area but inside the bay we are still seeing some

very mild temperatures, mostly clear out there. there is some patchy fog so be a little careful as you start this morning. but we expect that to burn off of course with those mostly sunny skies. 67 degrees for our warmest inland areas, but take a look inside the bay. 68 degrees is expected. we saw a record yesterday at oakland airport at 67 degrees. besting the record set in 2009 at 64 degrees. here's what's going on. a ridge of high pressure is building over the pacific and as it does it creates this huge ridge. so this is a trough that's sitting out there bringing some rain and snow to washington state and to oregon. that's just going to completely stay out of our mix. as a matter of fact, the high pressure which created so much of those gusty winds yesterday were the winds are slowly beginning to shift a bit to the northwest and that will prevent those winds from coming back today. so if you want to travel for this weekend it will be fantastic. take a look at your sierra forecast. a few clouds out there 55

degrees for friday. saturday and sunday, identical on the weather maps. 49 degrees still plenty of snow, perfect to go ski, take the sunglasses and sunscreen with you. 61 degrees is the expected high in daly city today. of 6 for santa clara. it will be a beautiful warmup throughout the bay area except the farthest reaches of the east bay inland areas where we are expecting temperatures to be effectively in the upper 50s. here's your seven-day forecast. we expect the upper 60s to remain throughout the weekend into sunday, monday and tuesday. we'll see a few clouds move in but temperatures still ideal. here's gianna with your forecast. we are going to jump over to traffic right now. starting off with a live look at 880 southbound between 6 and hegenberger. we have construction so look out for that, but no accidents. 15 minutes from 238 to the maze. south of there south 880 between winton and jackson, they are still doing roadwork there, still doing roadwork

various lanes closed. should open by 5:00. southbound 680 we have reports of some construction there around sycamore valley road. that may slow you down, various lanes closed. eastbound 4 at railroad avenue a noncommute direction we have a broken vehicle stuck in lanes but not a lot of delays because it's friday light. san mateo bridge no troubles good in both directions. bay bridge off to a good start, slight delays on the right-hand side there of your screen in one cash lane but overall the metering lights are off no troubles to report. if you are taking the golden gate bridge, no problems. back to you guys. >> thank you. it's whole grain, heart healthy and lowers your cholesterol. they are all promises that food companies make on packaging. but julie watts shows us the information on the front of the box may be misleading. reporter: take a look at the nutritional information on the front of the box.

good source of fiber, whole grain. >> total calorie, excellent. >> supposed to be healthy for kids. >> reporter: but she would be wrong according to a new study by prevention institute. >> it turns out that 48% of the calories comes from sugar. in fact, sugar is the primary ingredient in this product. >> oh-oh! >> false advertising. >> reporter: well, technically it's not false advertising, but it is misleading. and that's what's prompted the three-month study examining 58 products marketed as healthy for kids on the front of the box. >> 84% of them do not meet basic nutrient criteria. >> reporter: in fact more than half of the products were high in sugar, had added sugar, half were low in fiber, a quarter high in saturated fat and sodium. >> parents and families shopping are being misled by these products. >> reporter: and juliette says that's why the prevention institute is calling on the fda

to step in. the food and drug administration currently regulates the nutrition information on the side of food packaging, but there are no uniform labeling standards for the front. the grocery industry is set to release their own self- regulating standards next month but health advocates argue -- >> it's like the fox guarding the henhouse. they have a specific interest in mind. >> reporter: and sims points out their current self regulations allows packaging like this calling a fruit drink with only 10% fruit juice a sensible solution. sure, there is added calcium but -- >> you could add calcium and vitamin c to lead paint and it's not necessarily something would you want to feed your child. >> reporter: the grocery manufacturers association did not return our requests for comment. but they are preparing to release their own self- regulations sometime next month. for their, part the fda says they too are looking into new front of the box regulations and they have asked the institute of medicine for recommendations. on the consumerwatch, julie watts, cbs 5. >> and if you have a story idea or something you want to us

investigate, just log on to our website, cbs5.com. click connect. the government is investigating whether a specific brand of flu shots causes seizures in young children. the fda has received reports of 36 fever-related seizures in children after receiving the flu shot called fluzone. the children were between the ages of 6 months and 2 years. 10 of them had to be hospitalized but they all recovered. the maker of fluzone says there is no clear connection between the vaccine and the seizures. a new study shows curling up with your dog or cat at the end of the day could be dangerous. even deadly. researchers found people who sleep with their pets have a higher chance of contracting parasites, diseases or even the plague. also a no-no, kissing your pets or letting them lick you. probably especially on the mouth. why the danger? well, fleas are a big reason. also, the birds and rodents that some animals catch when they're outside.

and then you go to kiss them? yeah. gross. actor george clooney -- you don't have a pet. you wait. you wouldn't believe how many people -- actor george clooney has recovered from malaria that he contracted while visiting sudan this month. his publicist says it is the second time clooney has come down with the disease. the actor says his own experience with malaria shows how proper medication can turn, quote, the most lethal condition in africa into a bad 10 days instead of a death sentence. all right. time now is 4:57. new insight into the man accused of kidnapping a 4-year- old boy. what the suspect's mother is now revealing about his mental state. shocking sexual acts involving second graders here at a school in oakland. details on what the district is investigating coming up. plus, barry bonds back in court on charges he lied about his steroid use. the move today that could swing the case in the slugger's

favor.

ool apologizing. your realtime captioner is linda marie macdonald. caption colorado, l.l.c. comments@captioncolorado.com i think everyone