police arrested and charged frank diaz, one of the shooters, with possession of a firemen, conviction of a felony. they're still looking for the second man in the video. he was identified as 23-year-old owen ortiz and a warrant is out for his arrest. >>> service dogs are being used in courtrooms to help victims, but some defense attorneys are raising objections. sophie is a two-year-old lab. she was trained in california to be a service dog in smith county, texas. that's around the tyler area. what she does is she sits in a courtroom with children who are victims, and what she does is give them comfort to help ease their fears. this reporter demonstrates how she works. >> if emotion is expressed, sophie will put her head on children's knees to give them comfort. >> i had no idea this was even an option. >> i would probably be so nervous, i can see how it would relieve the anxiety of a child. >> this defense attorney says, you know what, this is manipulative. >> this is supposed to be difficult so people will tell the truth. >> i think it would be exactly the opposite. if you had these

frank? >> okay, gil diaz live for us down in menlo park. thank you. >>> a marin county man and suspect a third his age are recovering after a shootout yesterday morning. the intruder kicked in the door yesterday and held 90-year-old jay leone at gunpoint while he searched the apartment for valuables. leone grabbed his .38-caliber revolver and shot the suspect three times. leone was shot in the face once. neighbors say they are not surprised leone took action. >> he is a very agile, alert, intelligent 90-year-old. he just turned 90 on december 26 and i think he would be the type of person that would defend his property. >> leone was shot in the cheek. he is supposed to be okay. the suspect drove away shortly after the confrontation but he didn't get far before calling 911 to say he had accidentally shot himself. >>> 5:05. more than two dozen people have been killed in a series of explosions in baghdad. explosions struck two shiite neighborhoods today in baghdad killing 27. today's blast began with a bomb attached to a motorcycle near a bus s

back to you, frank. >> gil diaz, live for us in oakland this morning. >>> an east bay burglary suspect is back in jail after seven hours of freedom. doubling police returned 57- year-old jose franko to the santa rita jail. he was found riding a bicycle in dublin last night. franko managed to slip away though yesterday. when he was being returned to jail from a court appearance. they don't know exactly how he was able to do that either. >>> this morning, police in novato are tracking a serial arsonist. and at least 55 fires have been set since saturday. all of the fires have been located in open spaces, near neighborhoods, though, and so far, only a fence and a pg&e pole were damaged. police are considering now bringing in extra help from the state if they need it. >>> today, a multle murder suspect appears in court in san rafael. 78-year-old joseph naseo is charged with murdering four women between 1997 and 1994. he has represented him and pleaded not guilty and could get the death penalty if convicted. and prosecutors will present their case at the preliminary hearing today. invest ea

back to you, frank. >> thank you, gil diaz live for us in oakland this morning. >>> "occupy oakland" has lost a lot of support since it started last fall. here's what we found in a poll of oakland voters. 32% of those who supported "occupy oakland" at itsception continue to do so but 20% have changed their minds. as for taking over vacant buildings, 71% oppose that tactic. >>> small businesses could soon be getting a boost. today president obama will call on congress to pass legislation to offer new tax breaks for small companies and to make it easier for startups to raise money. one proposals would include a new 10% tax credit for small businesses that add jobs or increase wages in 2012. >>> 4:37. i commuted this morning. i counted 7 cars. >> i know. yeah. i just checked the incident reports that we check, the chp incident reports and there is a big fat zero in terms of what's going on right now which is great heading out for the morning commute. what could slow you down is a little bit of overnight roadwork. not across the golden gate bridge, but in novato the delong off or on-ramp

gil diaz is live in san jose with what investigators know so far. gil. >> reporter: hi, frank. good afternoon. well, that woman called campus police around 3:30. and the incident happened at this residence hall right behind me known as joe west. now, even though the woman lives on the third floor, investigators are still trying to figure out whether the attacker went through more than one floor. the biggest mysteries remain unsolved this noon. just who is this guy and how did he get in? >> it said, a, let's male 20s black clothing tried doors in joe west, entered room and groped victim. last seen third floor joe west. residents lock doors, police on scene. >> reporter: that's the text message nicole brock meyer received in the middle of the night after another dorm resident reported being groped by a stranger. during the investigation, other students came forward. in all, there were four

gil. >>> hi, frank. good morning. >> reporter: all morning police have been scouring the rooftops of nearby industrial buildings looking for that sniper. they haven't found anyone yet but the search continues. police got the emergency call around 3:15. a conductor from the burlington northern santa fe made that call. at first the conductor thought the man was trying to stop the tracks. he stopped the train as a courtesy. he found the man bleeding. the victim explained he was walking along the tracks between west ohio avenue and cutting boulevard. he saw a laser beam pointed at him from one of the industrial buildings' rooftops. then he heard the gunshotses. and that man did end up being shot in both legs. the victim was rushed to a nearby hospital. he is expected to make it. as bizarre as this story, police so far believe the story. >> yeah. very scary. thank you, gil diaz live for us this morning in richmond. >>> oakland police are hunting for a sexual assault suspect who is 14 years old. police can't s

gil diaz reports. >>> reporter: hi, frank. good morning. everything seems to be okay. initially when those downed power lines affected customers, it affected more than 370 people including workers at the microsoft campus. pg&e crews are still here at mountain view on la avenita very close to the microsoft campus as you can see still here. they are busy inspecting power lines and cleaning up some of the downed power lines that sparked that brush fire. they are just above the stevens creek trail. that's why the trail is closed until further notice. the whole ordeal began just before 9:30 last night. people reporting that they could hear explosions and see flames near the microsoft campus. by the time the first firefighters arrived, they could see several downed high voltage power lines and some of those lines did spark a brush fire that eventually scorched about two acres. a resident who happened to be here near the fire and who happens to be shooting this video for us told us more of what the fire looked like. >> the flame was about 20 stories high --story, 20, maybe 40

gil diaz reports. >> reporter: frank and grace it happened just before 7:00 last night. the brother and sister sitting in their car heading to contra costa college. unfortunately, they never made it there. and the brother died at the scene. we're talking about the 2100 block of nevin avenue. we went there this morning to check it out and found lit candles at the curb already. police say the students were sitting in the car when the car screeched around the corner from 22nd street and headed west on nevin. a man was chasing that car firing at it. the man gave up chasing it and then he then turned to the siblings and shot them. the sister, who was on the driver's side, gunned it and rounded the corner to get away from the shooter, parking the car at a nearby parking lot only to see her brother had been shot and killed. police haven't released the victim's names yet. if anyone has information, contact th police. the sister was not hurt. >> thank you, gil diaz live in richmond. >>> this just in, moments ago, a 3.9 earthquake woke up many people near clearlake this morning. a

back to you, frank. >> all right. gill diaz live for us in san francisco. thanks. >>> in the meantime, the players are having as you might imagine a pretty tough time coping with such a very difficult loss. >> crappy. i mean overtime nfc championship game. it is a lot of work. it is tough. a tough road to even get here. and you get here and you're so close. but it is not good. not a good feeling. >> very upset. because to me, we're definitely a super bowl team. we made it this far. and everyone wanted to win it. we wanted to go play in the super bowl. but we just didn't get it. >> kyle williams -- >> this play is tough to watch. we will have a lot more on the 49ers loss and what lies ahead, coming up. at 6:30. >>> right mow, it is 6:07. and in other news, san francisco sheriff ross mirkarimi will find out today when he will go on trial on charges of domestic violence. mirkarimi pleaded not guilty last week, and is due back in court today. there is another hearing on thursday. and that's when a judge is expected to reconsider the order that mirkarimi stay aw

frank, back to you. >> thank you, gil diaz live for us in oakland this morning. gil, thanks. >>> a san francisco prosecutor is argue, the use of videotape now as evidence in the domestic violence case against sheriff ross mirkarimi. the video from new year's eve was apparently record after his wife eliana lopez went to a neighbor to complain about the abuse by her husband. the "chronicle" reports ross mirkarimi kept lopez from leaving the home for 18 hours after allegedly bruising her arm. ross mirkarimi pled not guilty. >>> for the latest on our traffic situation, here's elizabeth. >> thank you. well, let's see. we had a couple of earlier accidents and first want to update you that everything is now off to the right-hand shoulder so really nothing out there currently blocking lanes. one of our earlier problems was going against the commute eastbound highway 4 at hillcrest. that's now off to the right shoulder. look at the line of slow traffic westbound highway 4. really sluggish right now through antioch and then we are seeing more brake lights at pittsburg and

gil diaz is there. >> reporter: good morning frank and grace. we're told that it's natural for arson investigators to come out here. fire crews have been here all night at these three homing right behind me. making sure that the fire doesn't start up again. the fire erupted around 8:10 last night, it began in the back part of one of the buildings. spread to neighboring buildings causing significant damage. 100 firefighters came to the scene last night. ten people this morning out of their homes including the landlord. two couples who live in the upper unit. >> it's a two unit building wood frame structure and it quickly spread to the building. if you look at the front of the building to the right, both sustained significant damage. >> reporter: one person rushed to the davies medical center last night. we're trying to determine how that person got hurt. the fire was under control just after 9:00. you take a live look at the three homes here affected by last night's fire. the fire chief say they were lucky it was not windy last night. back to you

>> hi, frank. good afternoon. and since saturday, those fires usually start between the hours of 9:00 at night and 3:00 the next morning. the last one at 1:30 this morning right behind me here at the bahia wilderness habitat. the largest fire yet. it is leaving investigators and residents on edge. >> stay out of our neighborhood, please and think about what you're doing. >> reporter: that's debra's plea to the fire starter who ignited more than two dozen fires in novato during the weekend. the most recent one happening just after 1:00 this morning. >> it has been the largest fire yet. and it was about a half acre to three quarters of an acre in the tahia area about six miles away from the other areas. >> reporter: we checked out the fire. fire crews were still there putting out hot spots. debra clawson was clearly upset. >> we woke up this morning to a smoke-filled house and why didn't we hear anything? we thought it was far away. and i came down here with my dogs this morning, here was the big fire up here. >> re

gil diaz down in mountain view to give us an update. gil, good morning. >>> reporter: hi, frank. good morning. hi, grace. good morning. pg&e crews are still here at mountain view on la avenita very close to the microsoft campus as you can see still here. they are busy inspecting power lines and cleaning up some of the downed power lines that sparked that brush fire. there's also yellow tape around the cul-de-sac, the end of the road. that's stevens creek trail. we are told that the trail is closed until further notice. the whole ordeal began just before 9:30 last night. people reporting that they could hear explosions and see flames near the microsoft campus. by the time the first firefighters arrived, they could see several downed high voltage power lines and some of those lines did spark a brush fire that eventually scorched about two acres. a resident who happened to be here near the fire and who happens to be shooting this video for us told us more of what the fire looked like. >> the flame was about 20 stories high -- story, 20, maybe 40 feet high. i got about 30 feet close

gil, good morning. >> reporter: hi, frank. good morning. and his friends can't believe that someone would be that callous to leave their friend laying in the middle of the street. it happened in this intersection, 73rd and bancroft. the friends say that their friend was crossing east on bancroft, and ever since then, they set up a memorial right here near that intersection. in his honor. they told us that his name is benjamin green. and he is between late 50s to early 60s. police say the driver of a dark gmc chevy type of van struck benjamin. the driver who is a man pulled over, at a nearby gas station, walked over to where benjamin was, and checked out his condition, and he walked back to his van, and took off. benjamin's friends were clearly upset this morning. >> i'm very numb. i was the first person, not on the scene but out here burning candles and cleaning up the glass. or whatever seepage around here. i live at the corner house. right here on the corner. and i have several kids. a couple of kids. and you know, 17, 18. and you get sic

frank? >> judging from the flames, it looked like the bulk of the fire was behind as well. gil diaz, live for us in san francisco, thanks. >>> an overnight crash in berkeley sendses one person to the hospital. two cars collided around 1:00 a.m. and one of them hit a bank building at university and san pablo avenues. we drove by the bank this morning and showed the damage is pretty minor to the building. no word on the condition of the person that was taken away in an ambulance. >>> and there is now a $25,000 reward for information leading to an arrest in a shooting death of a 5-year-old boy in oakland. gabrielle martinez jr. was at the family's taco truck in east oakland fright night when shot. gabrielle is the third child killed in oakland since august. >>> investigators are questioning the pilot of a plane that was intercepted on the way to the oakland airport. the cessna lost radio contact yesterday from santa monica to oklahoma's general aviation north field and since 9/11 that is considereds is suspicious. so norad sent two f16 fighters to determine its intent. it land

>> reporter: hi, frank. good morning. well, i just spoke with richmond police a few minutes ago and they confirmed a man was shot around 3:15 this morning. along the tracks, not these particular tracks behind me but less than a quarter a mile away from where i'm standing where the tracks cross west ohio avenue. now, the freight train conductor actually spotted the man laying by the side of the tracks. the man claims that he was walking along those tracks with his bicycle when he saw a laser beam pointed at him from one of the nearby building's rooftops. after seeing that laser beam, he says that heard a gunshot go off. well, that man was shot in both legs. he was transported to a local hospital. police say he is going to make it but during the search the train was detained while they searched for the possible sniper. they didn't find anyone and the train continued on. it originated from oakland pulling into richmond but a very bizarre story, a shooting here i oakland. the victim is a man in his 40s, not known where he is

i'm frank mallicoat. it is 4:30. >>> we begin with some developing news from richmond this morning. search for a gunman who fired on a victim overnight striking him twice. gil diaz live in richmond with the latest on a bizarre shooting. >> reporter: good morning. it is a bizarre shooting especially when the man claims that a laser beam was pointed at him around overnight. but yeah, police got that call around 3:15 this morning. it was the freight train conductor who made the call. the conductor found the victim laying by the side of the tracks. take a look at the scene a few hours ago. the victim says he was walking his bike along railroad tracks that cross west ohio ave. and that he saw a laser beam pointed at him from one of the nearby buildings' rooftops. after he saw that, he then heard gunshots go off. well, that man actually got shot in both legs and he was taken to the hospital. he is expected to make it. but during the search, police detained the train while looking for a possible sniper. they loo

thank you so much, gil diaz live down at the stick. >>> it is 5:08. passenger panic in the air. the false crash alarm that has a popular airline making a big apology this morning. plus the new setback and threat at the site of a cruise ship disaster in italy. we'll have the latest. and he granted over 200 pardons on his way out of office. now a former governor is explaining why only right here on cbs. ,,,, off the coast of italy. >>> the search for victims and survivors now suspended at that ship wrecked scene off the coast of italy. rescue workers put their efforts on hold today because the damaged ship shifted slightly on the rocks and that of course is raising some concerns for the divers and some of the others helping in the search. 11 people now confirmed dead, 22 others missing and including a couple from minnesota. >>> a british airways flight to london turned out to be the worst plane right ever for dozens of passengers. about 3:00 in the morning, they were awoken by an announcement saying to prepare for an emergency water landing. it turns out, it was a mistake. the fli

. >> reporter: hi, frank, good morning. yeah, talk about close calls. the roths were on that same cruise ship. the reason they were not part of the shipwreck is because they got off on the stop before the accident. jim roth and his wife arrived at sfo late last night. it was an ee emotional reunion with their son at the terminal. they are from houston 10 miles east of modesto. they took the cruise to celebrate their 41st wedding anniversary. as we have been reporting the ship's captain has been arrested in this accident. jim roth had the chance to meet captain francesco schettino. he said he had a bad vibe about him. >> we actually met the captain several times. you know, the captain's table was right next to ours at our dinner seating and my first impression i even told my wife i says that captain there doesn't care about anybody but himself. just the whole air about him. you know? that's just a first impression. >> jim went on to say that nobody on that ship, whether it were the crewmembers or the passengers, were happy on that ship. he says very few

. >> reporter: frank, good morning. a very intense situation here at san leandro especially when you have both a drive-by shooting and a high-speed chase. and that chase sometimes reaching speeds of 100 miles an hour. but here's what led up to that shooting in the first place. an undercover sergeant has spotted a dark colored acura driving around the neighborhood and followed it. then the driver made a u-turn on aloha and charged at the sergeant. when he got within 6 feet from the sergeant's car, he rolled down his window and started firing at least five bullets hitting the sergeant's car. the sergeant was not hurt but managed to chase after the suspect. since this began as a narcotics investigation, we asked the lieutenant this morning just how big of a drug problem is there in san leandro? >> we have some, you know, drugs in our community. but in the meantime we do a lot to try to make sure that our community is safe and those -- the detectives are out there and our sergeant was out there doing our jobs to keep our co

gil diaz is live once again in dispran -- san francisco with more on that story. >> reporter: hi, frank. good morning. sheriff ross mirkarimi is expected to attend a two-day conference here at the university of san francisco. it is the first public appearance since being sworn in as sheriff. now he was sworn in yesterday. he took center stage. with his wife there at the first theater. and there is controversy surrounding this couple. police investigating whether mirkarimi abused his wife on new years eve. their neighbor contacted police about the incident. and the sheriff denies the charges. and spoke about the issue yesterday. >> i am sorry that a cloud hangs over what should be a very special day. for iliana, me, and the entire -- and my entire family, and all of you who worked so hard. they and you deserve better. you mow what? clouds break and the possibilities shine through. [ applause ] >> reporter: agnos swore him in, replacing a san francisco superior court judge who bowed out because she didn't want to have a conflict of interest in case his case should end up in her court. bac

gil diaz in palo alto with more on the lab that ford is about to open. gil, good morning. >> reporter: hi, frank. good morning. well, we're outside general motors' research lab. they have one here so does bmw and renault-nissan and now ford wants to be the latest carmaker to set up shop in the silicon valley. ford is being tight-lipped as to the location and size of the lab but a spokesman says it's what you would expect from a startup. so less than 50 workers. ford plans to open its lab sometime during the 1st quarter of this year. the lab will experiment on the newest automotive technology which includes tracking weather and road conditions. even though ford made the announcement today, ford's ceo expected to talk about it in detail next week in las vegas during the annual consumer electronics show. car industry experts say that the reason car companies are setting up labs here is to be closer to stanford. the college has a program that studies the future of the automobile. back to you. >> thank you. gil diaz live in palo alto. >>> 6:36 now. hundreds o

frank has the morning off. >>> we begin in oakland where in just a few hours, city hall will be open for business. that's despite a chaotic weekend with the "occupy" demonstrators. vandals broke in, shattered windows and burned an american flag. gil diaz is in oakland to show us the clean-up that needs to be done. >> reporter: good morning. a whopping 400 people were arrested over the weekend. there was a clear statement that the city was fighting back. but yeah, this morning, they have to do a lot of clean-up not only inside city hall but also outside at frank ogawa plaza. graffiti, a lot of it. this is a huge graffiti sign we found on the floor. at the top of the sign it says, peaceful assembly which is ironic because if you ask any official here, they will tell you that the protest was anything but peaceful. for example, they burned the american flag outside city hall on saturday night before breaking into the building. and once they broke in, they practically destroyed almost everything in their path. mayor

gil diaz over at candlestick park to tell us how you can get your hands on those tickets. and much more. gil, good morning. >> reporter: hi, frank. good morning. yeah. these tickets are hot, hot, hot. and the tickets go on sale at 10 a.m. for the season ticketholders first. the general public will get their chance to get tickets at 1:00 this afternoon. the average cost of a ticket is estimated to be about $743. now, here's some examples of tickets we found online already. i just checked the stubhub site minutes ago. you can get tickets for 15th row seats for just under $300 in the upper reserves. the most expensive we found so far, $20,000. but that's a sixth row seat on the field level at the northern end zone. the best way to score tickets? of course to score them for free. and 9ers owner jed york had a twitter contest which ended yesterday so don't go tweeting him this morning. he asked fans, tell me why you deserve four free tickets plus pre-game field passes. and vince cava won by tweeting this: "my first child was born during saturday's game against the saints. the d

. >> reporter: hi, frank. good morning. well, general motors has a research lab here, so does bmw and renault nissan and now ford wants to be the next car company to set up shop in the silicon valley. they are going to be setting up shop in the 1st quarter of the year. they are tight-lipped about the location and size of the lab but a spokesman says it's what you would expect from a startup company. so less than 50 employees. the lab will experiment on newest automotive technology. even though ford is making the announcement today, ford's ceo is expected to talk about it in detail next week in las vegas during the annual consumer electronics show. car companies want to be closer to stanford because the university has a program that studies the future of the automobile. back to you. >> thank you. >>> we have some information that wall street has been waiting for this morning. it is just in from the labor department hot off the presses. and it's good news. the nation's unemployment rate fell last month to its lowest level tha

. >> frank. >> thank you. >>> 5:05. a positive sign for jobs right here in the east bay. target starts accepting applications today for its new store that's being built in the bay area. gil diaz over in newark now with big news on a job fair. >> the hiring is for the new fremont store. >> reporter: as you can see, the target brought out the barricades behind me in newark for the job fair even though no one is here yet. but they could show up anytime. the job fair will be held for the next three days. we have today, tomorrow and saturday to apply. interestingly enough, the bay area council just came out with a new hiring outlook. it surveyed all the ceos and executives in the bay area and a quarter said they intend to hire within the next six months. it's for the fremont store 200 positions to be filled including:administrative andin-store. the new jobless rate is 8.5% in the country the lowest in three years. in the golden state 11%. in alameda county it's just under 10%. so this job fair happens at 8:00 until 3:00 this afternoon for the next three days. like i said, you

gil, good morning. >> reporter: hi, frank. good morning. well, whenever a company moves and expands, it usually is good news. but facebook, its next-door neighbor east palo alto not welcoming them with open arms. so this morning the city council will meet in a special closed session to consider suing facebook. that's because they are worried that the move will cause problems in the area like traffic headaches and housing wars. 2,000 workers already here at the new facebook site. but facebook plans to hire 1,000 more each year for the next six years. facebook set up a gigantic thumbs up symbol at its main entrance but east palo alto giving the big thumbs down. >> facebook is expanding into a campus that's right up against east palo alto's borders so east palo alto's likely to feel the effects of that on traffic and housing and other issues that can impact the community. >> since it's in menlo park the tax base won't be helping east palo alto. >> reporter: facebook has responded to the concerns and to that possible lawsuit saying that it hope

frank has the morning off. i'm grace lee. >>> oakland city hall is expected to be open today despite damage over the weekend during "occupy" demonstrations. vandals broke in shattering windows and overturning exhibits. gil diaz is in oakland with more on the disturbances and the arrests. >> reporter: it's so quiet in city hall that it's hard to imagine that 400 people were arrested over the weekend. but clean-up continues this morning. for example, experts will be checking the sprinkler system because they were damaged. they also burned the american flag outside city hall before breaking into the building. then they destroyed almost everything in their path. mayor jean quan showed us the aftermath of the weekend: broken windows, architect model of historic city hall tipped over and damaged, graffiti on the walls as well as debris practically strewn everywhere inside city hall. prior to raiding city hall, a group tried to "occupy" the ymca at 24th and broadway. hundreds of them were arrested there. they claim th

i'm frank mallicoat. >> i'm grace lee. it's a little before 6:30 right now. >> a manhunt coming to an end this morning down in the south bay. >> the suspect was caught less than an hour ago. gil diaz was the first reporter on scene and has the latest. gil, what are deputies say happened? >> reporter: well, they are happening because of a minor infraction trying to get pulled over but more about that in just a moment. but yeah, it happened less than an hour ago. they don't believe he was armed as they had originally thought. but we're also learning this morning that he has been sent to the hospital because he got hurt during the search. we don't know the extent or the severity of his injuries. it all happened in this apartment complex behind me. the sheriff's deputies tell us that he found him hiding near a shed. they found him with also the help of k-9s and a lot of manpower searching for him in this complex. i counted about 2 or 3 dozen of them here. they don't know if he lived in this complex but the drama began unfoldin