bit as it pushes down into the south bay. it will be gusting light rain right now, were seeing light rain stretching to palo alto. the cells will weaken as they moved down south as well. down to the south near monterey the core of the storm sitting right off shore right now. if people thought a lot and perhaps even clip the south bay that moves towards the center of the storm. all talk about this in track and no coming up in just a bit. >> the family of the man who shot and killed unarmed oscar grant wants a retrial. now grants family is firing back to the jury found former bart officer johannes mehserle gives it guilty of involuntary manslaughter earlier this year. that's after he said he accidentally pulled his gun instead of his days are back on year's day 2009. now his attorney says there is a similar case that he wants a retrial. >> that similar cases in kentucky a grand jury would not

indict the officer there and of research grants family says the two cases cannot be compared. kron 4 dan curman joins us live from oakland where the grant family attorney dismissed the case of similarities to date. dan. >> a little more than an hour ago we had members of the committee here who were supporters of oscar grant. they were protesting this, the motion right here for new trial for johannes mehserle. >> the community of oakland is rochoutraged by this. this is another attempt by the defense to push out to that the sentencing an elongate the case in the hopes that the open community, l.a. community and the nation would lose its passion, commitment or focus on the trial for justice for oscar grant. we will not or numbers continue to grow and we'll continue to organize. if >> attorneys for johannes mehserle filed a motion friday asking the loss angeles judge to

set aside the jury's verdict of guilty of involuntary manslaughter and order a new trial johannes mehserle is attorneys cited several reasons for new trial. first, if new evidence. specifically a similar case or an officer of thought is pulling his taser but in fact he pulled his revolver. and second, mr. lee's attorneys said judge robert parry made errors in his jury instructions. among them all on the jury to consider a gunna enhancement if they believe to he intentionally used a gun in the shooting of oscar grant. the fog that judge jury did use the gun in his bank could add significant time to his sentence. >> we know the trial will have huge implications on how police officers to engage our community moving forward. we know that in order for police officers to be held accountable we have to get a fair and just sentence. >> now los angeles judge is expected to rule on the motion

for new trial on nov. that that is the day that johannes mehserle is scheduled to be sent in spirited oakland city hall kron 4 news. >> cal train and is considering cutting service and raising fees as the transit agency faces a $2 million budget deficit but, now we're learning caltrans administrator payroll has grown to 14 percent over the past three years. when benefits are added and the total compensation just there to 34%. if the pay raise comes as the transit agency grappled with the $2 million budget deficit. caltrans crisi. they say most employees have not had a pay raise since 2008. >> the salaries that are included in the cal train operating budget to have gone up 14%. that doesn't mean my salaries gone up for a team percent of the 14%, 9% of that it is an increase in the number of hours that we work for cal train carried i put in more time

working for a couch and i didn't get paid more just more of my time went for a couch and work. the other thing that happened was in 2008 we were still giving merit increases to employees based on their performance. were no longer doing that. this did in their cases in 2008 range from 1 to 3% and not every employee gotland. caltrans has frozen salaries and four staffers to take seven to furlough days. that may not be enough to set aside riders were facing the fare increases and service cuts. >> caltrans to not be raising prices on anybody especially at this time. the fact they would raise the price on telecommuters who commute to work, to take their kids to school and want to take the increase that shows management obviously isn't thinking about the customer which is our number one priority. >> it be cheaper to start driving >> 25¢ even though that doesn't

tell like a lot if your bank for month passed back and add up. >> i have to get into work each day, unless i find another way this will be >> it> it's an excellent product, they do an excellent service and an excellent job. >> cal train will hold a meeting tomorrow to make a final decision on the rising rates and on the cutbacks. we have kron 4 crews all over the bay area covering stories important to you. our top story coverage continues now with kron 4 >> in san francisco muni is spending big bucks in overtime monday tried to make the transition to the clipper system goes smoothly. in the past four weeks me set aside between of reentrant 25 and $400,000 in overtime for ticket agents and fair inspectors. the majority of that money is being spent on the overtime for their inspectors who are stationed at many of the underground union stations and are using hand-held devices to

manually check people's clipper cards to make sure if they had paid when they ride muni. reporting in san francisco kate thompson kron 4 news. >> detectives at the fremont police department say a alexandre de as the man wanted for allegedly driving a stolen van into a fremont police officer was taken into custody in los angeles county early wednesday morning glories currently being held awaiting a judge to make a decision about him being extradited back to the alameda county where he will face the charges of attempted murder of a police officer and a stolen vehicle. at the fremont police department kron 4 news. >> hear the beach you can see right over here and 80 ft. blue whale that died here. you can see the will push against a rock and a small cove researchers at the california academy of sciences say she washed ashore on saturday said the 50 way since the whales feed is. the take sample of skin and love for look for surface damage to try and find out. researchers say

the well will lips stay here to decompose. >> this just in to the kron 4 news room were monitoring of a war protest that's going on right now in san francisco that's a live picture at the corner of market street you could see a lot of people holding signs carrying banners this is the world can away protesting the ninth anniversary of the war in afghanistan. they have a pretty big crowd there we don't know if this is causing a traffic problems yet but we have heard the group plans to march to an unspecified hotel in the area. will keep a close eye on it can bring you updates as an is to get them. >> a live look at cited traffic in san francisco this is the 81 alliance with the top of your screen traffic not moving as it tries to head for the lower deck of the bay bridge east bound. the bottom of your screen someone a one also moving quite slowly. we'll be right back much more news to come.

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the celebration of fleet week and one of the navy's newest and technological the advance. jeff bush gives you toward. we started off at sfo early in the morning and after a 30 minute helicopter ride from we pass both bridges set out to see there was the make an island. if the ship is the commission for less than a year and its impressive thing to be aboard. check it out, exactly designed to sink, not releasing but the back and drops into the water so to launch big boats like this one. in fact it can carry two of these boats but, look what else it carries these are tense used by the rains in the float. the primary mission of the naked island is to get marines to battle quickly but, it's perfect for a humanitarian disaster like an earthquake. the ship can produce to enter thousand gallons of fresh water a day. if

it also has a state of the art medical facility there is six fully functional operating rooms, a dentist's office and 15 bed i c u. this has a hybrid power plant dissentient will save the government approximately two and a $50 million over the next four years. on board to make an island, jeff bush kron 4 news. for >> here's what to need to know if you to check out fleet week activities on thursday from 1 to 5:00 p.m. the blue angels will be practicing their circle and arrival maneuvers. on friday 1 to 4:00 p.m. the billfold air show were so hosted by our own george. on saturday and sunday the air show will be from 1:00 p.m. to 4:00 p.m. the blue angels will fly for the last hour. >> a look at that fleet week forecast great weather on tap for the blue angels airshow both saturday and sunday saturday at 3:00 p.m. when they hit the skies sunny and warm conditions. 73 degrees with light winds perfect for getting out there

enjoying the air show. stay with us will be right back after this. [ whitman ] they say california can't be governed anymore. i say baloney. this state belongs to all of us. we just have to decide we want to change. i know government isn't a business and it shouldn't be, but the same values of accountability and focus that make california businesses among the best in the world could do a lot to fix sacramento. i'm on a mission to create more jobs, stop wasteful spending, and improve our schools. let's get to work. ♪

here it is looked crowd just going wild, a no-hitter this is the filly victory over cincinnati. the first guy is out to and there you have it's a catcher giving him some big hugs their this is during the opening game of the national league playoffs. this is the first postseason no-hitter since daunt wars in did this in game 6 of the 1956 world series. >> did a little more than 24 hours san francisco giants star tim wolfe wrote the first pitch of the giants postseason game. during the season and you see starters not keen and jonathan sanchez. however this man barry may not be in the lineup in may

not even be on the roster for the playoffs. that's despite earning $18.5 million this year. that's because he's not had a great season in the last 10 appearances he won just one game and lost each. during that period he had an era of 6.7. today we ask fans that they should use buried. >> he's so hot right now. it's the way coast you know. it's something they have to do they use sanchez, a came or tim they did the job done. >> he knows what is duteous and what his part in the plan is to do. >> i think it's been good. i don't know. the >> giants have until game time thursday night to decide on the

25 divisions series roster. 4:00 is live tonight at&t park or practices under way right now and ever, the national league east is already fired up. >> absolutely, are disposed to get the orders before the entrees? holiday what a show. that's any indication of tomorrow's game it should be something between the braves and giants. this take a live picture at batting practice even as we speak as he troy #25 he's played the giants in a world series as a member of the anaheim angels so he knows at&t park very while. everyone waiting for the case and he were batting practice show he's the outstanding rookie along with bus tour for the national league rookie of the year honors. a press conference involving bobby cox and starring garyterry it's about a half-hou,

no giants are to be found here on the field all completely dominated by the atlanta braves as we speak. it the question is post-season experience, are we making too big a deal out of that? we have set to air and he's got a world series ring with the chicago white sox. >> we can have all lot of playoff experience and we won the whole thing, in 07 we had half and half a we went on to 3. you have to put more on what the guys have done this season as opposed to the experience and it helps there's no doubt about it. ultimately, it comes down to the way you're playing at the moment. >> so much was made pokeberry whether he's going to be in the postseason roster of what about air and road and who's had a less than shakier in his own right. will set the table for the giants and raised a face each other seven times this season with the braves' winning

four games, a giants win three games they open up the season here back in april where the giants to two of three games but that was whole different lineup and a whole different circumstance on both sides. we'll come back next hour from at&t park, from glen kron 4 news started >> folks travelling to the game bart will run longer trades tomorrow and on friday as the giants battle the braves in the national league division series at at&t park. first pitch as 6:37 p.m. each evening. ford is encouraging all the fans to buy round-trip tickets before the game in order to avoid long lines at the ticket machines after the final out. the first snow this season in the sierra it's causing a flurry of action at this ski resort. you can see snow on the ground mechanics are getting the list and an end job fares are about to begin trade this snow is expected to last as a warmer weather will return

this weekend. jacqueline bennett is here with a look at what we can expect. >> can we been seeing a storm storm as it stationary over california. severe thunderstorms going on over this year rob that will continue into the sun goes down. the blunder screen in yosemite indicating snow in the higher elevations. lead to monitoring these rainshowers the been developing over the diablo range and drifting down into the south bay. weakening the little bit as a move down slope. there's another salvatore's milpitas if it doesn't dry out before it gets there it will be there about 10 to 15 minutes. a closer view into south bay to some light showers over milpitas rate now all and more moderate rain staying over the diablo range in trying out to or weakening quite a bit as it moves down slow. storm tracker 4 radar for a bigger picture. the core of the

storm sitting right off shore a mob in central california the way the waves are moving around our counterclockwise and inward towards the core of the storm. these particular cells of living up in and end offshore and we can see this all over monterey brush the bay area as we head into the evening. tomorrow this pushes to the east and will see warmer, drier air building behind it. still cold tomorrow slight warming into friday but the real warming takes place this weekend. that picture is getting into the '80s inland, upper '70's along our bay shore is an 60s close to the coastline so not too stifling and protect weather expected for fleet week. it temperatures and san francisco 73 and 74 degrees this weekend. >> and weak traffic check in san jose highway 1 01 had died southbound traffic moving the same north and southbound at the guadalupe overpass. the overpass

is moving along well. will be back much more news to come. [ male announcer ] carly fiorina.

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it's a church that ticketed his son's funeral. this was a scene back in 2006 when a father arrived for his son's funeral. marine lance corporate was killed an iraqi was only 20. waiting for the spider family that day and remembers of the fundamentalist church. they held signs saying things like america is cursed. the anti-gay group believes military deaths are punishment to the country for homosexuality. the protests even know matthew snyder was not gay trade >> sorry they raise their son to the devil in hell am sorry they. even today some members of the church were picketing outside the supreme court. if the church

in this matter family are fighting over invasion of privacy and defamation vs three speech. cypress family 1 $5 million in the first round of the lost on appeal. today matties snyder father who said he still cannot get over what the church did. >> the with baptist church contact was so extreme a went beyond all possible bounds of basic human decency. >> well above everyone know he don't want your speech shutdown. the discord is committed to not shutting down speech. >> very rare display of sympathy the supreme court justice indicated they would like to rule for the snyder family. they almost never see this kind of thing openly but not sure they can trade if the question does a father emotional pain trump a free-speech rights. a final decision might not come for months. pam. >> as and in toronto, has awarded a green beret who died in its afghanistan if the battle of honor. 24 year-old robert

miller was killed after a caliban ambush near the pakistan border back into doesn't eat. the young soldier continue to fire back after being hit in the chest twice sacrificing his life to protect his troops. president barack obama told dollars family today that he was born to be a leader. >> he moved in the other direction towards the enemy drawing their guns away from his team and bring in the fire of all those insurgence upon himself. >> miller's parents accepted the award on their son's behalf at this white house ceremony today. >> a live look inside a roof cam over downtown san francisco sunny skies here but were seeing rain down in the south bay. let you know how it's going to last coming at a

the file on david harmer isn't pretty. a corporate lawyer for a credit card company fined millions, even deceiving seniors. an executive for predatory lenders, as harmer's bank got billions from the wall street bailout. david harmer -- helping corporations rip people off. a record we can't afford. we need jerry mcnerney, small businessman, voting against congressional pay increases and refusing to take them, standing up for what's right. i'm jerry mcnerney, and i approved this message. so, we book a flight to hawaii using our points from chase sapphire. last minute... on christmas. and sitting next to us, chevy chase. and we really hit it off. we play golf, and then the luau. he's like da vinci with ice. and after, we help hang christmas decorations. wait, wait, wait. you flew last minute... on christmas... with points from chase sapphire? yeah. amazing. believe it. with points from chase sapphire, you can book airline tickets with no blackout dates or restrictions.