resuming? we'll break it down to you and explain what's next. it's all ahead on the ktvu morning news. well, good morning to you. welcome to thursday august 5th. i'm dave clark. >> and i'm in for pam cook this morning. let's get a quick look at weather and traffic. good morning to you. >> hello. [ audio problems ] overcast conditions outpost said clear not today. they are already cloudy. if low clouds and fog have already made it to san jose, concord, santa rosa, napa, you know it's cold and foggy everywhere in between. 50s, 6 0z to the coast. 60s, 70s inland and mid-80s well away from the coast. right now traffic moves well on interstate 880. and in oakland you can see a nice drive right through the coliseum area. also if you are driving on 80 westbound let's say from

richmond in it's a nice drive. back to the desk. a suspected robber is in the hospital this morning after being shot by an offduty law enforcement officer overnight. we're in san francisco with all the details. good morning ally. >> reporter: good morning. this incident happened in san francisco, however the officer involved is not with san francisco police. police confirmed for us that the officer involved in this overnight officer-involved shooting is a federal irs investigator with the bureau's criminal division. this happened shortly after midnight last night. the agent was walking through the city's bay view hunters point district near the 100 block of marin court. two people approached the officer and tried to rob him or her. we don't know the gender of the officer involved in this. that officer fought back and shot at both suspects as they fled. >> the officer fired their weapon.

and one of the suspects shot and the other one fled. >> reporter: and that was san francisco's pd sergeant troy dangerfield on there. one suspect is recovering and the other suspect found and arrested by police a short time later. san francisco police tell us there could be at least three different investigations of this incident. they say whenever any law enforcement officer is involved in a shooting in the city they always do an administrative and criminal investigation. again, because this officer is a federal irs investigator that agency will likely conduct their own investigation. live in san francisco, ktvu, channel 2 news. time now 5:02. on both sides of the same sex marriage issue supporters are vowing to keep fighting following yesterday's court ruling overturning proposition

number 8. hundreds marched at the hall. they were celebrating the judge's ruling meantime opponents of same sex marriage were disappointed with the court ruling. >> it's great that this happens in san francisco. that proposition is overturned by a federal judge in san francisco. it really means a lot because san francisco has always been there fighting for gay and lesbian individuals. >> this case really is an assault on the people of california and their fundamental right to define marriage and protect marriage through the democratic process. >> following the march the same sex victory celebration continued last night in san francisco's castro district. were those celebrations premature? we're live from san francisco with that part of the coverage. jade, what's next. >> reporter: soon same sex couples could be headed right here to city hall to get married. soon after a federal judge's decision to lift the ban on same sex marriages, there were

a few couples who came to city hall to see if they could get married. but chief u.s. district court judge vaughan walker granted supporters a temporary stay against those marriages. he gave both sides in this case until tomorrow, friday, to submit written responses as to why that temporary stay should either remain or be lifted. supporters of proposition 8 had argued even before the decision was released yesterday any same sex marriages which would be performed after a ban was lifted could be complicated by rulings and appeals farther down the legal road. >> he agreed to expedite reconsidering the issue of staying his order and asked for the parties to brief the issue and get back to him by friday. >> reporter: if judge walker rules not to extend the stay on his judgment, prop 8 supporters could still ask the ninth circuit court of appeals for a suspension during their appeal. that appeal could take months.

so the big question now, what comes after that? experts say the u.s. supreme court will explain who on the supreme court may be a deciding factor in this case and why. hear from legal experts throughout the morning. reporting live in san francisco, jade hernandez, ktvu, channel 2 news. >> as always our complete coverage continues at our website at ktvu.com. we have posted judge walker's entire ruling as well as a link to all the video evidence that was presented at trial. time now 5:05. there's no water this hour for more than two dozen alameda county residents because of a water main break. this water main break was reported just before midnight. right now balkman road remains closed because of road damage. east bay mud crews are out there right now but there's no word on when those repairs will be completed. all right. time now 5:05. head out to sal who's watching

the roads. >> morning. well, you know we are off to a nice start this morning if you are driving around the bay area. westbound interstate 80 looks good coming out to the mcarthur maze with no major problems. as a matter of fact it's been a nice drive at the bay bridge toll plaza. it's light. one car driving through there right now. looks pretty good there. no major problems there. also 280 northbound is off to a nice start. and this cold bay area day. 5:06. let's go to steve. isn't that the truth? it is cold out there. and for first week in august here look at the sea breeze already out at travis 22. west at oakland and overcast. everybody's reporting overcast conditions. sfo west at 13. sfo can always get a west wind but when they're overcast with a west wind that cut right through you. south breeze at sonoma county airport. when you get a south wind in the north bay this time of year, that's a cool breeze. that southwest at 10 is at

vacaville. we're done. i'm telling you experience tells me wee done. it's not going to get that warm. even those folks up in lake county, if you're freezing go up there. clear lake's been warm. fog and a lot lifted. it was down below around 1500 last couple days. it's clear in the coastal hills not a problem today. low clouds, misty, drizly, upper 70s, low to mid-80s inland. san a fae l is cold. liver march concord 54. san jose at 57. 80 in palm springs, 87 las vegas, tahoe 43. 53 ewe chi ya. 54 sacramento. they'll cool down. fresno 68. one of our employees out in modesto said it's not even bad out there at all. it was like 88 yesterday. if you know it's cool in modesto it has to be cool to

the west relatively speaking. system driving down from the pacific north west is going to usher in a rather significant cooling trend over the next few days. then sunny and cooler. windy at times. some might think it's perfect and others might think it's too cool. temperatures inland low 80s. 50s, 60s around the bay and low 70s for many in the north bay. sunny, cool, take that into the weekend. no sign of any big warm up. ac transit riders might have an easier time getting around on sunday. that's when the transit agency switches back to old work rules and schedules. ever since a new contract and new work schedules were imposed on the drivers, many drivers did call in sick. and commuters have suffered through frustrating delays on several bus routes. on monday a judge ordered ac transit to restore the old contract as arbitration begins in the continuing labor dispute. all right. time now 5:08.

the senate is set to take a big step today as elena kagan moves even closer to a spot on the u.s. supreme court. plus what oakland mayor now says about a possible run for re-election. and one city takes action against pge's smart meters. and budget bailout for california. what it means for local jobs coming up. good morning westbound 24 on the way to the tunnel. looking pretty good. tell you more coming up. 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm

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bp may be getting closer to permanently plugging that broken oil well in the gulf of mexico. the company was able to force enough mud down the well to push the oil back to its source. and today it plans to start pumping down cement to try to seal up that well for good. crews are still working on a relief well that will cut off the leak far below sea level. if all goes according to plan, work should be complete by mid- august. time now 5:12. the bill to provide billions of dollars to save the jobs of thousands of teachers and other public employees is making its way through congress. this is a big win for state of california. ktvu is live in the washington d.c. bureau. good morning, allison. >> reporter: good morning, dave. this is the block buster summer

surprise here on capitol hill. a $26 billion budget bailout for states is on track to clear the senate today to the shock of even its supporters. california senator barbara boxer was one of the leaders in getting it through. and california will get the most funding. $1.2billion. she talked about what it means for local schools. >> in my state, 13, 500 teachers are saved. and all the children that depend on them. >> reporter: in all $10 billion will go to preserve teaching jobs across the country, $16 billion to help meet medicare payments, republicans are calling it another budget buster and a payoff to teachers unions. the house is on its summer break but being called back next week to okay it. i'll show you what nancy is saying and what she tweeted about it during my next update in about an hour. live from washington d.c.,

allison burn, ktvu channel 2 news. supreme court justice nominee elena kagan will likely get confirmed by the senate today. report by the associated press shows more than 51 senators say they will back her. that includes almost all the democrats and a small number of republicans. the confirmation would make her the fourth woman ever to become a supreme court justice. it would also mark the first time that three women are serving at the same time. she is succeeding or she'll be succeeding if elected, retired justice john paul stevens. governor schwarzenegger is ordering correction officials to alert the public when a sex offender on parole on suspension. where they removed their ankle bracelets and attacked teenage girls. a correction official says the department plans to post information about the missing

parolees on a public website. the department also says up to 60 parolees flee in a typical month. did not say how many of those are convicted sex offenders. it's official, oakland mayor will not seek a second term in office. he reportedly told city leaders that his reasons are personal. since taking office in january 2007, he has been credited with obtaining at least $80 million of federal stimulus money for oakland. but lately critics say he's been missing in action. currently there are eight candidates in the race for his job including city councilwomen as well as former state senator. your time now 5:15. in san jose the firefighters' union deciding whether or not to have its members vote on a proposed 9% pay cut in order to rehire 49 firefighters laid off last weekend. that's after city officials rejected the latest union proposal. the union proposed cuts to overtime and pension reforms as a cost saving move. but the city says those

measures just don't go far enough. and what's needed is an agreement by firefighters to a 9% pay cut. well, the town of fair fax is banning those controversial pg&e smart meeters. in a unanimous decision yesterday the town council approved banning the installation of remote controlled utility meters within the borders of the town. that vote came despite pg&e's last minute promise to stop installing smart meters in fair fax. town officials cited concerns about safety, accuracy and data collection abilities of those smart meters in making that decision. time now is 5:16. let's head right out to sal who is taking a look at contra costa county for us right now. >> highway 4 is where we're going to start in eastern contra costa county right now traffic moves well getting up to the willow pass grave continuing to concord. we're looking at the san mateo

bridge. that community's not bad. looks pretty good heading to the toll plaza and beyond that out to the area. this is a look at the toll plaza of the bay bridge. it is light. now let's go to steve. thank you, sir. and fog and then sunny and cooler. system dropping down pacific northwest already starting to lift the fog and as the sea breeze kicked in or what? gusts of 30 already at travis. that will do it. out of the west-southwest everybody reporting a westerly breeze. again, the fog is up a couple thousand feet now. very, very cold in the city. 51 right now. 55, 57 the high 58. high should be 68 this time of year. foggy, cold and miscity. other than that it's a beautiful day. overcast, breezy, cool for inland areas. a lot of 60s and 70s. mist, drizzle close to the coast again. 50s napa. san francisco doing their best to be close to that.

they're 51. redwood now 54. and san jose's at 57. that's the warmest. that's the warmest. 87 in las vegas, 43 tahoe. look at monterey, 52. eureka 51. 50s and low 60s all the way down to southern california on the coast. the monsoon moisture is ending. this system dropping down will control our weather just kind of gets right over the coast and this time of year it all spells cooler. it's cold out there. cold and foggy. sunny and cooler. little local drizzle. windy at times as well. 50s, 60s, santa cruz, it's been a tough beach a couple days. barely getting to the upper 60s. 64 oakland. santa rosa only 70. fremont only 70. san jose 73. and some low to mid-80s inland. now it's warm to hot if you're far enough away from the coast. but anybody close to it or around the bay you'll notice it. low clouds, cooler take us into

saturday. and slight warmer conditions inland but really below average temps for a while. european markets opened with gains which mirrored the close in japan. make up as investors were encouraged by toyota's return to profitability. markets in australia, india and singapore also closed higher. but taiwan, south korea and china slipped. stocks edged higher today in futures but traders are still cautious. we should get several reports this morning retailers are expected to release monthly sales figures throughout the morning and the labor department will give a more recent look at unemployment claims. claims are expected to fall by a couple thousand. the bay area at the scene will motors says it lost $38.5 million in the second quarter of this year. it's the first financial report since the initial public offering at the end of june. research and development costs are behind the loss.

the company's new electric sedan is scheduled to be in showrooms in 2012. time now 5:19. some southern california chefs are suing to save the purity of olive oil. this group of chefs says a uc davis study found only 31% of olive oil sold with an extra virgin label actually meets international standards. lawsuit filed against the ten largest olive oil sellers wants damages for inferior grade oils that have been sold. time now 5:20. a disturbing trend. up next why experts say more teens in one bay area community are now seeking counseling. also san francisco makes a major decision about a city wide fee on alcoholic drinks. good morning. if you're driving on the freeway any time soon, it should be a pretty decent drive for you. we'll tell you more about the morning commute coming up.

good morning. it is cold and foggy out there. every reporting station says cloudy. so it's going to be a cool day by the coast. cold in fact 60s near the bay. few low to mid-80s inland: time now 5:23. sentencing is scheduled today for a man convicted of stabbing a 15-year-old girl and a 60- year-old man at a san francisco

bakery. just last month 29-year-old scott thomas withdrew his insanity plea in the case. that clears the way for him to get a possible life sentence. he was convicted of attempted murder for the attacks at the twin peaks bakery. he'd been released from sanguine ten prison a day before. more counseling in the wake of five suicides connected to gun high school. between may of 2009 and january of this year, five teenagers lost their lives at or near the same railroad crossing very close to that school. palo alto's adolescent service counsels says 500 more student haves sought on campus counseling than as usual this year with a 22% increase in teens admitting they have thought about suicide.

5:24. san francisco supervisors have taken the first steps towards enacting what would be a first for the nation. it's a city wide fee on alcoholic drinks to help pay for the costs of alcohol- related services. supporters say the fee would generate $17 million a year to treat those with alcohol abuse problems but opponents say it would hurt bars and restaurants. >> greatest city in the world but so unfriendly to small businesses with its tax structure. >> who would drive from san francisco to so no in sonoma county to save 50 cents on a beer? that's not going to happen. >> the full board of supervisors is expected to consider the measure in september. your time now 5:25. a man accused of practicing dentistry without a license pleads not guilty to six charges. 55-year-old mario could face eleven years in prison if he's convicted. prosecutors say some patients suffered infections and

permanent damage during a variety of procedures including extractions and root canal. he worked out of an office at 346 grand avenue in oakland. san francisco police say they've arrested a suspect in the killing of a man outside jelly's nightclub. police say the suspect is a 32- year-old solono county man but hasn't been charged pending further investigation. the victim, 39-year-old of richmond, shot to death outside the club last month after an argument inside. the board of san francisco has revoked that club's lease. the family and friends of a man gunned down last weekend came together last night raising money for his funeral. friends of the 25-year-old gathered in concord for this fund raising barbecue. investigators say a member of the a street gang that bay was trying to join shot bay in the chest early sunday morning after he refused to attack

someone else. >> he will be missed and loved. and i know he's smiling down on us. we just have to be strong in the situation. >> police say a paroled gang member is responsible for killing bay identifying him as 29-year-old. police say he's still at large. your time is now 5:26. a new ferry terminal is in the works. we'll tell you the locations that are being considered. >> reporter: good morning. i'm jade hernandez. we're live in san francisco. same sex couples who want to get married still can't head down to city hall just yet. we'll explain why coming up. also a san jose man answers to charges of attacking a vietnamese singer. golden gate bridge southbound 101 traffic looking good getting down to the toll plaza. we'll tell you more about the morning commute straight ahead. ♪

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well, good morning to you. welcome back. this is ktvu channel 2 morning news. we've made it to thursday august 5th. i'm dave clark. >> good morning. pam cook does have the morning off. time is 5:30. we want to check weather and traffic. head over to steve. >> thank you very much. low clouds and fog and it's cold out there. we're going to have a lot of low 50s, overcast conditions,

misty, drizzlely, by the coast it's a tall order. 50s 60s there, gusts at 30 at fairfield. it's just going to be a cool breezy day. there will be some sun inland but temperatures coming down. here's sal. steve, good morning. westbound 80 traffic is moving along very nicely coming into the berkeley area out of richmond so far. also this morning we're looking at north and southbound 880. that traffic looks good. 5:30. let's go back to the desk. sal, thank you. well, proposition 8 has now been overturned, but the fight over same sex marriage is far from over. jade hernandez joining us live in san francisco with a look at whether this case will make it all the way to the u.s. supreme court. jade, good morning. >> reporter: good morning. it is a bit early for same sex couples to head down to city hall to pick up a marriage license. but that could change tomorrow. we are live in san francisco this morning. soon after chief u.s. district court judge vaughan walker overturned a ban on same sex

marriage or prop 8, there were a few couples who came to city hall to see if they could get married. judge walker already granted supporters a temporary stay against performing any marriages. he gave both sides until tomorrow to submit written responses as to why the temporary stay should remain or be lifted. supporters of the voter approved proposition 8 had argued even before the judge's decision was released yesterday. any same sex marriages which would be performed after the ban was lifted could be complicated by rulings and appeals farther down the legal road. the 136 page opinion issued is headed to the ninth circuit court of appeals now where if judge walker rules not to extend the stay on his judgment, prop 8 supporters could still ask the court of appeals for suspension during their own appeal. that appeal could take months. then it may be on to the u.s. supreme court where one justice in particular may hold a swing

vote. >> you'll have four liberal justices and four conservative justs and i think you'll have the swing vote not surprisingly in the middle once again and how the other justices predict justice kennedy will vote is probably going to be a big factor in what they decide to do in whether to accept the case. >> reporter: same sex marriage is currently legal in five u.s. states. massachusetts, connecticut, vermont, iowa and new hampshire. and also in the district of columbia where civil unions are allowed in new jersey. live in san francisco this morning, ktvu, channel 2 news. not everyone in the bay area is celebrating judge walker's ruling. people who voted for proposition 8 say they believe the judge ignored the will of the voters. >> i was raised a staunch catholic all my life. i have certain old fashioned beliefs. and i was raised to believe a man marries a woman and vice versa. i was not raised to believe in same sex marriages.

>> some of the prop 8 supporters we've spoke with said they don't oppose civil unions for same sex couples but they don't believe the word of marriage should be used. as always our complete coverage continues at our website at ktvu.com. we have posted judge walker's entire ruling as well as a link to all the video evidence that was presented at trial. time now 5:33. in san francisco, one man was shot overnight, another one is in custody following a strange incident. this one involves an offduty federal agent. this happened just after midnight on marlin court in san francisco's bay view district. two suspects tried to rob the officer who we just found out is a criminal investigator with the internal revenue service. police say that's when the officer opened fire. >> the officer fired their weapon. and one of the suspects was shot and the other one fled. >> now the injured suspect was

hit in the torso. he was taken to sf general hospital. the other suspect was captured close to the scene shortly after. ktvu is out there. we're talking to investigators. we'll have a live report coming up in the next half hour. appearing in a contra costa county court this morning to be arraigned. the 23-year-old younger brother of giants outfielder faces several charges in connection with a hit-and-run spree last weekend. he faces four felonies and one misdemeanor in a series of drunk driving crashes. he was convicted of drunk driving when he was 17. he hit a bicyclist, a pedestrian, two vehicles and a light pole. even though they've seen a drop in overall crime, gill roy police say gang violence has exploded in their city. at a town hall meeting last night, officers encouraged neighbors to be on the look out for suspicious activity. gill roy police say since 2007

gang violence has nearly doubled from 44 incidents then to 85 incidence last year. but this year it does appear those numbers could drop. >> we're continuing to see gang on gang crime so red against blue. a lot of stabbings. a lot of assaults. >> gill roy police say the park is a popular hang out for gang members. in this time of shrinking police forces, gill roy has actually been able to add three officers because of federal grants and stimulus funding something the police chief hopes will help deter gang violence in the future. plans for a new terminal in antioch is moving ahead again. the san francisco bay water emergency transportation authority is looking at three sites for the ferry. the antioch marina at the end of l street, downtown at the end of i street and the fullton

shipyard. this ferry would run between but make a stop in martinez. time now 5:36. let's go out to sal who is taking a look at the roads this thursday morning. >> hello. right now we're starting with the south bay. we're going to check out highway 237 first. you can see traffic does move pretty well across the south bay. a good start. and there are no problems on 237 or for that matter on the other highways leading up to this area. this is a look at interstate 880. we had an accident reported southbound at high street. those vehicles have been moved off the road. traffic is moving along well. and the bay bridge toll plaza westbound that's a nice drive very small delay at some of the cash lanes. at 5:37 here's steve. thank you, sal. a really cool pattern. couple days warms up and then right back in. that's the way it's been going pretty much since what april? very foggy out there. actually more low clouds. we had fog the last couple days.

local drizzle, mist, sunny, cooler, breezy, to windy. it's going to be well below average for inland temperatures. seven to ten day outlook is also very cool. coast 50s, 60s and maybe the first rain of the season in northern california next week. we'll see. but there's no sign of any warm weather that's for sure. coastal fog, sunny, breezy, cooler. for some it's already windy. travis gusts to 30 miles an hour out of the west-southwest. and it's even south it's cold out there it is for san francisco 51 right now. 57 your high. 58 today. cold, foggy, drizzle. some sun parts of the city always get some sun but it's not going to be very warm. overcast and breezy and cooler. 70s and 80s inland. there will be some in the upper 70s. now i told you about travis. gusts to 30. ten degrees cooler than 24 hours ago. so the cool air's come in aloft, the fog is lifting.

sonoma 52. crockett 53. san ford men lo park 54. it's cool for everybody. 40s in the mountains and 50s in the valley. along the coast there's so much fog that the coast stays in the 50s and 60s. tropical moisture ending for southern california and nevada and arizona. a system will develop right there where it says fog sunny right there in the pacific northwest and it will develop  right on us. that means a lot of low clouds and fog. that's already lifting. sea breeze showing itself big time for some. 50s, 60s, 70s. some upper 70s. concord, danville, morgan hill only 80. napa 71. it has been a cool summer for napa. that's not the airport. that's downtown. 71. get up and get hot. that's not been the case except for a couple times. low clouds, cooler, take that into saturday. night morning low clouds only gradual warming away from the coast. a san jose man accused of

assaulting a sing fresh vietnam has pleaded not guilty. 61-year-old tong faces five felony charges related to the attack which happened on july 18th. they say he dressed up like a wong and attacked with pepper spray at a concert. if convicted he could face more than six years in prison. your time is now 5:39. the concord man whose pit bulldogs attacked and killed his 2-year-old grandson will be in court today and he's expected to enter a plea. 52-year-old is charged with felony child endangerment and allowing a vicious animal to be at large which is also a felony. the 2-year-old boy was killed back on july 22nd by three pit bulls when he wandered into a garage where those dogs were kept. up next, the large fraud ring uncovered in san francisco. plus credit or debit. we'll tell you why you may soon prefer to use your debit card

for shopping. also the federal doping investigation against procyclist lance armstrong intensifies. find out what his former teammates are saying. good morning in marin county southbound 101 traffic well approaching the 5 80 interchange. another update straight ahead. [ man i was deciding what to do with my citi thankyou points when it happened... [ glass breaks ...again. ♪ [ child run! [ man first it was the mailbox. then my squirrel. and now, this. so i used my points to make a donation to get the park down the street built. when it finally opened, i also used my points for... car repair. [ male announcer use your citi thankyou points for almost anything, even local charities. what's your story? citi can help you write it.

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good morning. cold and foggy. napa 51. local mist and drizzle. once that burns off very foggy and cold for some near the coast. sunny, breezy and cooler. 70s and 80s inland. welcome back. here's a quick look at some of the top stories we're following for you right now at 5:43. both sides in the legal battle

over proposition 8 say they are determined to keep fighting all the way to the u.s. supreme court. that's after a federal judge in san francisco overturned california's ban on same sex marriage. bp oil may be getting closer to permanently plugging the oil well in the gulf of mexico. bp was able to force enough mud down that well to push the oil back to its source. today it plans to start pumping cement in there to try to seal it up for good. and supreme court justice nominee elena kagan will probably get confirmed by the u.s. senate today. a report by the associated press shows that more than 51 senators say they will support her. that includes almost all of the democrats and a handful of republicans. authorities have released a 911 tape from the tragic workplace shooting rampage in connecticut at a beer distributor. the shooter is 34-year-old omar thornton. police say he was called into a

disciplinary meeting with management on tuesday but brought with him two pistols and a shotgun and opened fire on his unsuspecting co-workers. >> breathing a lot? >> yeah. people running all over the place. okay. i see him running out. he's running away right now. he's still shooting. he's shooting at a girl. >> frantic employees took shelter in offices and closets during that rampage. police say thornton ended up fatally shooting eight people and wounding two others before taking his own life. authorities are still investigating what made him snap. your time now is 5:45. federal prosecutors have reportedly intensified their criminal investigation of cycling superstar lance armstrong. according to the new york times the feds have questioned several cyclists and former teammates who reportedly said and they're backing up claims that lance armstrong participated in an encouraged doping to get an unfair advantage. lance armstrong denies any wrong doing. he did that at a promotional

event in denver yesterday. he told reporters he had nothing to say about a federal investigation. two men are charged this morning with what san francisco's district attorney is calling massive fraud. investigators say they too falsified the stamps and stickers of two licensed engineers who weren't aware it was happening. they are charged now with a combined total of 320 felonies spanning a period of 20 years. san francisco's district attorney says the two then filed those false documents with the city's department of building inspections. >> these defendants reported to be licensed and reported to be licensed to approve property lines, surveys, permits, inspections and they were not licensed to do that work. >> the investigation reportedly found city building inspectors apparently approved without even questioning 500 document that is those two men

submitted. one of the defendants is considered a flight risk. he's being held on $50 million bail. bail for the other is set at $2 million. time now is 5:46. a man accused of killing a san jose attorney is now scheduled for a second trial. that's after a mistrial declared yesterday for jason because of a disagreement among jurors about coming to a verdict. he's accused of fatally shooting who was handling a wrongful death lawsuit by the family of his deceased wife. acquitted of drowning his wife in 2006. he is now scheduled for that second trial early next year. a 21-year-old santa rosa man will head to prison for at least 44 years before he's eligible for parole for a 2006 murder. joseph lopez jr. convicted of shooting and killing 32-year- old matthew in a downtown parking garage. his sentence includes 15 years to life for murder and another 25 years to life for the use of a semiautomatic handgun. time now 47. state lawmakers are working on

a proposal to ban the fees that are charged when customers use debit cards. right now there's no fee if you use a credit card, but debit card fees can be as high as $1 per purchase. lawmakers say that's especially hardfor people who don't qualify for credit cards or they get government assistance on debit cards. business owners say they have to pay a fee every time someone swipes the cards. they're just passing along the cost to those who use the debit cards. time now is 5:48. let's go right back out to sal. sal, how's the golden gate bridge looking? >> it's beautiful but the traffic is looking good too. traffic on southbound 101 looks pretty good heading down to the toll plaza. you can see the lane workers on the bridge looking for the cones that may have slipped out as they changed the lane configuration. that's what they're doing. they should be off the bridge in just a few moments here. southbound traffic looks good. and the caution signs are up because the lane workers are out there right now. let's move along and take a

look at the bay bridge. very light here. westbound traffic looks good on the way into the city. and this morning if you're driving in oakland northbound and southbound 880 also looks very good so far. 5:48, here's steve. thank you, sir. low cloud deck extended inland already. low dropping down from the pacific northwest. if anything it might establish itself and reload next week. which keeps us in a very cool pattern. the coast is really having a hard time warming up. upper 50s and low 60s. santa cruz hard pressed to hit 70. starting to move in right there and the fog has lifted gone up a couple thousand feet now. down to about 1400 or 1500 the last couple days. 51 san francisco. 55 at 9:00. misty, drizzlely and some sun. some areas do get sun. temperatures as you probably already well ascertained yourself it's been a cool one.

santa rosa 74 yesterday. 70 today. that's it. 70. there's your 58 in san francisco. walnut creek from 84 to 78. low clouds already over them. oakland 65. we'll go 64 in san jose from 75 yesterday to 73. should be around 83. besides that 30-mile an hour sea breeze at travis, ten degrees cooler today than they were yesterday. sonoma 52. crockett 53. pleasanton like wise. stanford park 54. 50s up and down the coast. even vacaville with a southwest wind at 10. that means sacramento will cool down as well. probably you folks in lake county also. the system coming in just the leading edge. you can barely see it. as it does that's going to continue to ramp up the fog. so cold and foggy. sunny, cooler as the fog burns off but it's a little later today windy at times and temperatures along with some

local drizzle stay in the 50s and 60s coast and bay side very low 70s. and upper 70s low to mid-80s inland. it's definitely a trend where we're seeing below average temps for a while. we'll continue to keep the fog machine rolling right along into friday and saturday. probably a little disruption will be cool enough to break it up a little bit but stays cool to mild. time now 5:50. and there's a new leader in the u.s. smart phone market according to a leading research company. google's an droid software is number one with one-third of the american market. it's the first time blackberry has not been the leader in three years. blackberry is second with sales dropping to 29%. the iphone is third with 22% of total u.s. sales. the competition has meant prices have dropped to an average of $143. cooper tin no based apple says it's investigating reports of a possible security problem with most of its popular electronic devices. the german government said opening some pdf files on the

iphone, i pad and ipod touch could allow criminals to gain access to those devices. germany's office for information security says that would allow criminals to read e- mails, text message, obtain pass words and listen to your phone conversations. indonesia is now considering a ban on blackberry services after the united arrack imrest and saudi arabia took similar steps this week. asking research in motion to set up a separate server in indonesia. the government says it is concerned information sent out of the country could be intercepted and read by criminals or spies. research in motion says the bans are political and not security related. all right. time is now 5:52. some new powers in san francisco over which nightclub should stay open or close. now the issue is public safety. tell you how one commission now packs a more powerful punch. plus, a mysterious connection between the death of

a hollywood actress and the death of her husband. guys remember, we're a solar system. mars is down...and...

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lc uime was. mae ii? e was ogm atle y gywre. lc uime was. mt's tre yte. nola os. mtnoesicon yte. blonha cdidet d sissar. aswh mte. welcome back. a surging demand for food stamps in sonoma county. about 29, 500 residents received food stamps in june. that's a 77% increase from two years ago. but even so, officials say there are many more families

who could use assistance and they are conducts an outreach program to let them know. they are also setting up a network of locations to apply for food stamps to help those people in outlying ars. san jose animal control is investigating a brutal case of animal cruelty. a jogger on saturday found the carcasses of three decapitated goats. officials say whoever's responsible could face felony animal cruelty charges. there is concern that decapitations might have been some sort of ritual. time now 5:56. san francisco board of supervisors just gave the city's entertainment commission the power to close down nightclubs that pose a public safety threat. that's following a string of recent violence including several shootings outside of clubs in different parts of the city. in the past the entertainment commission could only temporarily suspend the permits of problem clubs. now that commission has the power to revoke the operating permits of troubled nightclubs. the daughter of former new

york city mayor rudy giuliani is under arrest for shoplifting. she's the youngest child of his who was known for his to have position on crime. police say the 20-year-old was caught on camera stealing about $100 worth of cosmetics. she was confronted by a salesclerk and a security guard who then called the police. officers took her out of the store in handcuffs. the district attorney will decide if she'll be charged with petty larceny. and the los angeles county district attorney says the husband of actress britney murphy died of the same illness that claimed britney's life a couple months earlier. the coroner says the 40-year- old died of pneumonia on may 23rd. and the report says that prescription medication in his body did not contribute to his death. britney murphy starred in clueless and eight mile died of

pneumonia in december. san francisco international airport will get a new air traffic control tower that would survive a serious earthquake. and the federal government is going to pay for it. the faa has agreed to spend as much as $80 million to build that tower. sfo officials will handle construction and day-to-day management while that work is being done. now the airport is going to start seeking bids and the five year construction project could begin by late next year. all right. time now 5:57. sal is following a big crash in san francisco and some big delays. >> that's right. just off the bay bridge westbound there is an accident involving two motorcycles west 80 at 7th -- i'm sorry at 4th. and the traffic off the bridge is beginning to slow down. also this morning's commute is going to be okay on the so not guilty grade. if you're in the south bay along interstate 280 that traffic is light. back to the desk. all right. time is 5:58. coming up during our 6:00 hour, gunfire in san san francisco

overnight with an off duty federal agent who he trigger. report with the latest details. and also the day after the historic court ruling on same sex marriage involvement what's next? and when will it happen? live reports coming up. low clouds and fog at bay point. that's pretty far inland. we'll have the cooler highs coming up. we don't want anything... ...to slow us down. but even in your 30s... ...your bones can begin to change. overtime, you can begin to have bone loss. calcium and vitamin d work together to help keep your bones strong. and yoplait gives you... ...20% of your daily calcium... ...and is the only leading yogurt with vitamin d in every cup. keep your bones strong every day... ...with yoplait.