there was a flurry of confusion. [ screaming ] >> reporter: a language barrier led them to believe a third victim who could not swim was still in the water launching a series of frantic dives. >> we are assuming that one person is missing. >> reporter: five boats combed the bay but the search turned up nothing. in the end rescuers called the home of the man believed missing. >> the third victim who was supposedly we're unsure if they were in the water was actually contacted at home and was at home and did not go out on the boat today. >> reporter: the two other victims were hospitalized at san francisco general. >> i believe they are going to be calling off the search really quickly. >> reporter: coast guard officials are still examining the two boats trying to figure out what caused the accident in the first place. >> christin ayers reports that at one point, they thought there was a third person from the small dinghy that was missing but that person was later found at home safe. they call him a master manipulator who outsmarted a state parole board for years. phillip garrido and his wife

nancy held jaycee dugard captive in their antioch backyard for 18 years, a case prosecutors blame on a flawed system. ann notarangelo reports on the mission to make sure something like this never happens again. >> phillip garrido would have considering a shining example of a reformed criminal. >> reporter: the same monster who kidnapped, raped and imprisoned jaycee dugard was able to con prison psychologists and parole officers for decades. >> a dangerous sexual predator and master manipulator. >> reporter: at a hear the el dorado d.a. systematically outlined how individuals and the system failed jaycee dugard. >> the single greatest mistake was to release somebody that early, that dangerous, that early, on a very lengthy sentence. >> reporter: after serving only one year of a 50-year sentence for a 1976 rape and kidnapping, a psychiatrist recommended parole for garrido. despite garrido's own claims of a burning compulsion to rape, in 1988 a psychologist said

garrido was likely to benefit society. jaycee dugard was phillip garrido's fifth known victim. the missteps are too numerous to recount. some is blamed on poor communications between law enforcement agencies and questions about jurisdiction. but a state senator who put together the hearing says a big problem is that parole release is a rule and not the exception even those serving life. in the next few weeks the senator would like to see legislation passed that would make it more difficult for inmates to be released on parole. >> i think we need to challenge the validity of some of the analysis that's done on the psychological side. >> reporter: he wants parole boards to be able to consider the crimes not just an inmate's prison behavior when determine parole. there are calls for better training psychologists and parole agents. one victims rights advocate says using current standards garrido would be eligible for parole even now. >> i think some changes will be made. but i'm not confident they will

be strong enough to really make sure that the victims are taken care of. >> reporter: it's clear, however, more could have been done for jaycee dugard. and maybe understanding that will protect others. in sacramento, ann notarangelo, cbs 5. a battle is brewing tonight over nine parking spaces. now, planned parenthood says it needs those spaces in order to open a clinic on el camino real in redwood city. planned parenthood is facing a challenge. len ramirez on a deal -- a car rental agency doesn't want to take part in any more? >> reporter: that may be something for the lawyers to decide whether or not they have to participate anymore. but planned parenthood was very confident that this site here on the el camino was going to be the site of its latest clinic. the only thing in the way were the nine parking spaces. but now as you said, those spaces may seem a little like the bridge too far. planned parenthood thought it found the perfect spot for

expansion into redwood city. a space on el camino near transit. >> we identified redwood city as a place with a high need for services. >> reporter: there was one problem. the property did not have enough parking for patients and staff to get a city permit. >> we require 27 spaces. there are only 18 spaces on site. >> reporter: that is when planned parenthood went across the street to enterprise where it apparently struck a deal with the car rental company to buy the extra nine parking places. the deal may have fallen apart and ross could be the reason why. >> this was what you call [ indiscernible ] now that don't you? they do have free speech. i'm working it a different way. >> reporter: he and others have threatened to protest enterprise or any neighboring businesses that sell planned parenthood parking places complete with crowds and graphic images of abortions. >> because of them, planned parenthood would be able to open up in this site. >> reporter: they are just

selling parking spaces. >> i understand. but if they don't get those parking spaces, right, they don't get to have their clinic here. right? >> reporter: the city is now requiring planned parenthood to prove that it has the parking before the project moves forward. enterprise based in st. louis has issued a statement saying, quote, the contract is nonexecutable because it does not have all the necessary signatures." planned parenthood says it's disappointed but will not leave redwood city. >> we are still in conversations with that organization, with that company. we are also having conversations with other companies and organizations to be able to find alternatives if that doesn't work. as i said, we are still committed to going into that community and providing the healthcare services they need. >> reporter: now, you can see from our live picture here the enterprise across the street to where we are right now, as required by the city, those parking spaces have to be

within 300 feet to make it into the use permit. allen, there are very few options that planned parenthood has at this time and enterprise says the reason that they pulled out of this contract that they apparently had with planned parenthood -- or that enterprise pulled out of the contract with planned parenthood is because planned parenthood wanted to extend the time that that contract would be in effect and enterprise did not want to go that far. this all may have to be decided by lawyers at some point. >> it's certainly not over. len ramirez, thanks. he was kicked off his flight for refusing to pull up his pants. today protestors demanded an apology from the airline responsible. family and supporters of deshon marman filled san francisco international airport this afternoon. they delivered nearly 40,000 signatures on a petition asking u.s. airways to apologize. the 20-year-old made national headlines in june when he refused an order from a flight attendant. his mother says it was a case

of racial profiling. >> it's humiliating. it's embarrassing. and it's degrading that someone would target a person by their color. >> groups including the naacp and color of change were also at the airport. supporters aren't only requesting an apology; them u.s. airways to detail how it -- them u.s. airways to detail how they will deep from happening again. a motorcyclist is dead in an accident that caused a major traffic tie-up during the morning commute. police say the rioter was getting on 680 from mission boulevard in fremont and going about 70 miles per hour. he hit the median, was thrown from the bike and died. dozens of muni operators in san francisco do not have proper licenses and face the possibility of being fired. a new labor agreement requires drivers to have a class b commercial license. nearly 50 do not and face termination in the next few

weeks. those operators are not being paid, but they are receiving benefits. the union representing the operators says it will defend drivers it believes are being unfairly treated. the dow finally snapped its eight-day losing streak, but didn't start out that way today. the dow opened at its lowest level of the year and quickly sank even further. but after a volatile day on wall street, the dow closed with a gain of 30. the closing price1, 1,896. the nasdaq was up 24. the s&p up 6. stocks actually spent most of the day lower after reports suggesting the u.s. economy is slowing. >> major concern up there not panic but we are concerned. >> many investors expect to see more big swings in the stock market as worries about the economy increase. if the dow had fallen again today, it would have been the longest losing streak for the blue chip average in 33 years. told police he was kidnapped at gunpoint.

now the teenager who triggered an amber alert is changing his story. how he may have been part of the plan. when you're on a budget, every little bit counts. but wait until you see how much product is wasted because of poor packaging. ,, ,,,, ,,

under arrest in the east bay. a teen who was a subject of a statewide amber alert is now under arrest in the east bay. antioch police initially thought 16-year-old hassan ford was kidnapped during an armed robbery at a barbershop on monday but now police believe he was appear accomplice. police arrested the suspected robber, eric walker. investigators say they found a sawed-off shotgun and stolen property in his apartment. schools on the peninsula have apparently been targets for thieves. in the past couple of weeks, four schools have been hit. mark sayre on what those thieves are after and i guess

word of a possible break in the case. mark. >> reporter: well, allen, at this point police are not sure whether or not these crimes are related but they do say anytime that you are stealing from schools, well, you're stealing from students and taxpayers, and it is a serious offense. reporter: 18-year-old alleged fredo gonzalez and 19- year-old castillo of east palo alto were arrested this morning by palo alto police. they won't say what led them to the pair. but they are suspected in at least one of four separate school burglaries over the past two weeks. on july 22, two lap stops were stolen from gunn high school. authorities found a classroom window open and screens hidden in nearby bushes. police have recovered both of the laptops. >> what trying to look at any connection between the theft, time, location to figure out if we have at least one person or two people in custody for all. >> reporter: the biggest theft was at an elementary school

where 10 a.m. laptops, four ipads and 24 ipods were taken from a computer closet inside the school's library. a window was shattered. the loss is $23,000. at palo alto high school, 9 cameras were stolen from the science building and at jordan middle school five books stolen from a computer lab n all cases police say there were some similarities. >> so most of the ways of getting in are window breaks, window smashes, open windows, kicking in doors. >> reporter: with budgets tight police and residents say the theft of electronic equipment really hurts the students. >> terrible. also just alarmed that people are breaking into the schools no matter what they are doing. that's pretty bad. >> well, it makes it a lot more difficult and i would think as a kid, you know, i mean anytime that you're robbed, even as an adult, you do feel very kind of compromised. >> reporter: now, police say they do suspect that these robbers are using some kind of

getaway car so they are urging palo alto residents if they see anything suspicious, especially in the late evening or early- morning hours around any local schools, please give the palo alto police a call. they are still investigating the case. >> let's hope so. mark, thanks. coming up a major recall, the death linked to tainted turkey. >> then they provide round the clock protection. how vice president joe biden is profiting off the secret service. >> we get complaints every day. probably i don't know probably 100 or so a month. >> it's frustrating. you pay for it but you can't use every last drop. the products that are the worst offenders. ,,

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biden, but it also pays him. biden, but it also pays him. since april, mr. biden has not only does the secret service protect vice president joe biden but it also pays him. >> apparently since april, mr. biden has rented out the could thage near his waterfront home to the agency for the cottage. the monthly bill $2,200. actually the same amount paid by his previous tenant. by the time the contract expires in two years, the bidens will get $66,000. when asked if it normally pays rent to the people it protects, secret service simply answered, it's a rental property. so we pay rent there. it's a common frustration trying to squeeze those last

few drops from our shampoo on toothpaste but on the consumerwatch julie watts gets to the bottom of wasteful packaging. >> reporter: we have all heard the jingle good to the last drop, right? but in many products, you simply can't get to the last drop. from toothpaste to ben-gay, mary rasmussen is a big believer in squeeze last bit out of th tube. so when she ran out of her favorite lotion, she took scissors and cut the bottle open. to her surprise me found nearly half a cup of lotion enough to last another month. >> i was shocked. i knew that, you know, there is bound to be some waste in packaging but to find that much in a relatively small container was pretty much of a shock. >> reporter: and that sparked mary's curiosity so she decided to test other items from personal care to cleaning supplies to find out just how much wasted product a packaging

left behind. her results? >> the liquids that are in the bottles or the screw-off tops are generally easy to get at. >> reporter: mary sent her results to consumerwatch and we took them to sacramento. >> we get complaints every day, probably i don't know probably 100 or so a month. >> reporter: district attorney doug waily works in the consumer units. his job is to make sure packaging isn't breaking laws. >> false side walls, false bottoms, empty space within a package that type thing. >> reporter: showed us this example of one violation. >> a big container on the outside. and then if you open it up and look inside, probably half this plastic is really nonfunctional. >> reporter: this company has now change its packaging and whaley says in most cases businesses don't realize they are breaking the law but what about mary's lotion? >> it may be something worth looking at but again you have to look at the nature of the

lotion and container itself and what they define as usable quantity in the product. >> reporter: mary will continue to find creative ways to get all her product. if you think you have been shortchanged, contact the district attorney's consumer unit but while it may get packaging changed don't count on getting any money back. if you have a consumer problem, call 1-888-5-helps-u. >> we all have our strategies. >> reporter: she slices open the toothpaste container and scoops it out with a toothbrush. be careful. >> i like the flat tops where you turn them upside-down. >> that's her favorite. >> thank you. 36 million pounds of ground turkey linked to a death in california are being recalled. now, the meat is a source of a salmonella outbreak that has sickened nearly 100 people. the illnesses date back to march and have been reported in

26 states. six cases were reported in california. the company is recalling both fresh and frozen turkey products produced from its plant in arkansas between february and yesterday. the oil found in fish that we are supposed to be getting enough of may benefit more than just your heart. dr. kim mulvihill says researchers found one of the omega-3 fatty acids in fish may help pregnant women help their newborn babies. >> reporter: three weeks ago, one family had two babies. while the mother was pregnant she took a vitamin that contained omega-3 fatty acids to help develop the twins' brain and nervous system. now dha is also giving her babies extra protection for the first six months of their lives. >> it also seems to be important for immune system function also. >> reporter: the study in pediatrics looked at 800 babies whose moms took dha supplements and found they were less likely

to get colds, fevers, cough and difficulty breathing. babies who got off sick fought off symptoms faster. doctors recommend that pregnant women should take 400 milligrams a day usually in vitamins. they are also advised to eat fish that's low in mercury and high in fatty acids. >> also get dha supplementation in foods like cheese, yogurt and eggs these days. >> reporter: she is still taking her vitamins and is breast-feeding. >> just knowing that taking prenatal vitamins and dha has me feeling more confident. >> reporter: she hopes more dha now will keep her kids healthy as they grow. now, the fda says pregnant women can safely eat up to 12 ounces of low mercury seafood a week including shrimp, salmon and catfish. you want to stay away from swordfish, shark, king mackerel and tile fish because these are high in mercury just a moment health think babies. >> reporter: cute babies.

>> healthy babies. >> thank you. good evening, everybody, from the cbs 5 weather center. looking at the gray skies towards the transamerica building and how all of that is going to make a huge dent in your thursday forecast coming up. a 9 year old describes what went through his mind during the dramatic rescue. >> feel kind of proud. >> a 9-year-old describes what went through his mind during a dramatic rescue. ,,,,,,,,,,,,

and now a south bay boy who bay boy who helped save a toddler and her grandfather from drowning is being called a superhero himself. 8 and a-half- year old isheen singh was made an honorary san jose firefighter today. at a press he loves superhero. 8.5-year-old isheen singh was made an honorary firefighter today. at a press conference he explained how it was his mom, who noticed a girl and grandfather floating face down in a pool, he jumped in the

pool to help. i was in the water. i got them and i got her, after that i pushed her to the side and held her -- a woman [ indiscernible ] on the inside because they are too heavy. >> at the time he wanted to -- >> the boy credits a neighbor for helping him learn how to switch. he says when he grows up he wants to be a software engineer like his dad. >> well, not a lifeguard or firefighter but software engineer is good , huh? >> it sure is. how about a meteorologist? this is a live cbs 5 weather camera from dublin in the tri-valley looking out towards 580/680 corridor. breezy west at 16.

air temperatures in the low 80s. trans america building towards the city of san francisco due west where we see low clouds and fog rolling into the city by the bay. because of that san francisco temperatures are 63 degrees. 50s and socked in along the coast but where we have the abundance of sunshine is currently 86 degrees in concord with a relative humidity at 33%. west wind at 16. out and about this evening, currently we have a temperature span by a good 30 degrees from the coast to our inland locations. but again, a little breezy inland. this is what we're projecting to affect your thursday. watch the clock tick on by. and this is a robust marine layer. so tomorrow morning for the commute, expect some drizzle and also expect very little if any clearing at the beaches at all so that's going to affect our temperatures. and tomorrow will pan out to be the coolest day of the workweek with this robust marine layer and then we are tapping into some of this cooler air mass to

the north of us from the gulf of alaska, as well. so the numbers for thursday, average high in san francisco 63 but instead 5 degrees shy of that. livermore taking a big hit with 11 degrees below normal. let's pinpoint your neighborhood forecast for your thursday. temperatures from the 50s and 60s at the beaches to only the mid- and high 70s inland. a few low 80s well inland towards the delta, discovery bay, also mountain house. otherwise 57 degrees san jose through santa clara into willow glen. there is the extended forecast. you will notice we just bump up the numbers a couple of degrees on friday. for the weekend temperatures pretty much where they should be for this time of the year and they will we hold this weather pattern through wednesday. that's your outlook. >> thank you. we'll be right back. ,,

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money back, for flying? why 2 big airlines are ref coming up on eyewitness news at 6:00, money back for flying. why two big airlines are refunding passengers. that and more at 6:00. all right. thanks for watching us at 5:00. the "cbs evening news with scott pelley" is anchoring from los angeles is next. >> the latest news and weather is always on cbssf.com. >> caption colorado,llc comments@captioncolorado.com