to say "i do" very the newly married vanessa and maria. >> their marriage isn't legal yet. they are hoping to say "i do" very soon. >> the woman who brought down the head of hp, one thing she denies doing. charged with sex crimes. new accusations against a mom. the number one reason for smoking up, the news starts now. this is cbs 5 eyewitness news. good evening. the federal judge who overturned proposition 8 still has another decision to make, whether to allow same sex couples to marry while it is appealed. >> reporter: they are getting married whether it's legal or not. as it turns out, it's not.

at least not yet in the eyes of the state. for now, this celebration with family and friends as a fancy wedding ceremony without a license will have to do. wednesday they ran with other same sex couples after the judge overturned proposition 8 the ban on same sex weddings but the judge had put a stay on it. they would have to wait some more. many believe as early as monday, the judge may lift the stay that may how the same sex marriages again. in fact, they were asking for volunteers to help out at city hall for all the wedding that's are expected to take place. you may now kiss your bride. the william officiating is --

says she's hopeful about the decision. >> when i heard that governor schwarzenegger, someone that had vetoed our marriage bill twice and had issued a brief saying let people get married right now, no delay, same with jerry brown. my heart just burst open. >> reporter: she says her and her bride made several trips total at the before one stuck. she says she's ready to do the same. >> of course. i will get married to this woman over and over again. she will fishiate our ceremony over and over again. >> there is great hope tomorrow the stay will be lifted and ceremonies that make same sex marriages legal will get underway in earnest. right now. prop. 8 only affects call but we are shown as the case moves through the legal system the effects of the ruling could be felt nationwide. >> we do not permit scrimp --

discrimination. >> reporter: this ruling was a hot topic. >> this will have great significant answer. i think -- >> santa clara university professor russell joined us to talk about the national implications of this. meanwhile, on the national talk shows the debates were just beginning. >> i think the critical issue here is that you what you have is a district court finding after a full trial. everybody had an opportunity to be heard, an opinion that demonstrates there is simply no basis whatsoever to continue discrimination against gay and lesbian citizens that want to marry. >> reporter: he depended judge

walker's decision and got a passion response. >> i think what you have is one judge who this is he knows, a district level judge and an openly homosexual judge at that, says he knows better. this is far from over. >> reporter: he is referring to a february chronicle article which claims the judge's home sexuality as an open secret. either way, the defense says it won't be a factor as they appeal his ruling to the 9th circuit court. most believe the issue will eventually end up before the u.s. supreme court where -- they are convinced he will agree with the decision. >> this is a right that has been well licensed for 100 years in terms of the right of individuals to mary. >> reporter: but january crawford says not so fast.

also appearing on the talk show circuit, she points out the supreme court would have to set aside the laws of 44 states in order to agree with the decision. as the appeals process is just beginning, it could be years before it get that far. in the news room, cbs 5. the woman who filed a sexual harassment claim has come forward. 50 year-old jody fisher is a -- actress who has appeared on several movies and a reality tv show. in a statement, she says she surprised and sad is that he lost his job and didn't intend for that to happen. she also denies that she had sex with him. two have settingsed the matter privately. a liver moore mother of molesting two teenage boys will face even more charges. police say she allowed a group of 10-year-old boys to shoot

pellet guns from her car while she drove them around. she will be charged with contributing to the delinquent single season of a minor. she also faces 67 felony accounts of having sex with two 15-year-olds. painful weekend for family and friends of people gunned down in afghanistan. >> reporter: the bodies of the a. de workers arrived back. early examination suggests most were killed execution style though at least one was shot in the back perhaps in an attempt to run away. all the bodies will be -- except for the team leader tom little. he wanted to be buried here where he's done his life's work as an eye doctor. >> it's a family decision, our girls all felt it should happen. he gave his life in afghanistan

and that's where we were called to as a family and that's where he will be buried. >> reporter: little and his wife spent most of the last 35 years in afghanistan throughout the soviet invasion, the war and the taliban government. >> he's been in a pretty tight spot before but it didn't deter his sense that this is what god made him for. >> reporter: little had invited doctor karen woo to join him to provide basic medical care. >> all she wanted to do was help. a lot of time she would very much forget about herself because there were other people that needed assistance. >> reporter: a colorado dentist thomas grams was part of the team. he had quit his dental practice to volunteer full time giving free dental care to impoverished children. another team member was glen.

a nurse who had helped victims of hurricane katrina and rita. and sheryl was also killed. she had been working in afghanistan for six years: the taliban quickly claimed responsibility for the attacks on the 12-member teams who like other aide workers traveled without private security. >> we do that because we believe our security is actually much more in our contacts with the local community. tom went there on the invitation of the local community. >> today in new york, people came together to mourn his passing. >> reporter: there will be several memorial services here for tom little. to give chance for the afghan people to give thanks to a man who gave his life for helping theirs. a man hunt is underway in yellowstone national park tonight for two prisoners that

escaped. authorities believe that they may be hiding in portions of the park that span montana and wyoming. investigators believe they may have gotten separated. they do not believe any of the suspects have wilderness survival skills. it's been almost a year since a 6-year-old has disappeared. a missing person's group is holding a series of events this week. what they are doing to bring home others who are missing. >> reporter: has been missing for a full year now. oakland investigators felt from the beginning that he was murdered. investigators feel that he was killed by his foster parents, lou risk ross and jennifer campbell. they were briefly arrested on suspicion of murder. sherry miller who led the search always believed the parents or tried to, but now

things have changed. >> i would love to see somebody just walk through these doors with them in their arms. do i think that's probable? no. no, until we have his body, we can never be 100% sure. >> reporter: we are here -- dedicated to finding future missing children. >> when a family member goes missing, the last thing you should have to worry about is where do i get fliers, how do i pay for fliers, who can help me distribute them? how can we keep their names in the news media? that's what the society is there for. >> reporter: they promise posters, fliers, t-shirts. media contacts and then people on the ground searching for future missing kids. tim ryan, cbs 5. checking heed lines, san

jose police are searching for a gunman who fired at a vehicle last night on interstate 680 in san jose. the gunman was driving a white chevy trail blazer. he fired at least four shots at another suv and struck a passenger in the back seat. that man was not seriously wonned. they have been digging for months. now the tunneling for it is about to begin. they broke ground in january and since then they have been moving earth, building a retaining wall and carefully removing fossils: tomorrow morning they will begin digging the bore. construction will take three years >> users and sellers of medical marijuana were in san jose this weekend for -- 2010. the convention and trade show for all things marijuana included lecturers, exhibitors and entertain. they could buy medical marijuana, get legal help and

even get their cards with a push to legal alize it, shows like this are attracting an increasing number of -- nearly half of all californians have used marijuana at least once. 42% of adults who are current users say they use it for pain or to treat a health condition. 39% use it recreationally. and 60% says it helps them relax or sleep. it's on the november ballot. crisis over, the leak in the gulf of mexico is plugged, why it may be bad news for some gulf coast fisherman enin. claims broke out in california, why a teenager says it's a mistake. we ever looking at more low clouds and fog moving onshore. we have some drizzle out there.

cooler temperatures on the way. we will talk about that coming up.

a desperate search for survivors after mud slides afterraged northwest china. nearly 2,000 are still missing. one entire village is completely buried in mud. the area has seen a huge amount of rain in recent days. water built up behind a landslide in a river which then burst. other part of asia have also been hit hard by tore ren call rain. pakistan is seeing it's worse flooding in 80 years. more than 1600 people have died, 2 million are homeless and more rain is on the way. it's mission accomplished in the gulf coast at least for now. they are preparing for the final phase of drilling a relief well. as we report, the future isn't so clear for fishermen and

their families. >> reporter: so little oil now floats in the gulf, bp has had nothing to recover for more than a week. on s you the fast, this disaster -- on s surface, it seems over. >> we feel like it's moving to a new phase. >> a phase that sounds like a quick bp get away. >> it's corporate agreed. they want to get out of here. they want to be out of here. >> reporter: his closed restaurant is one of them. >> they haven't made us whole. they haven't even made us half. >> reporter: but bp he a operations have been a wind fall. at its peak bp had 7,000 boats on is are its payroll. with the well, now capped, bp is now cutting it's ties with most of them. the problem is, most of them has grown spoiled by big bp paydays. >> i just tell them put their money in a cookie jar and put it in the ground and then save it for a writteny day because

you're going to need it -- rainy day. >> reporter: new estimates take 52 million gallons is still out there somewhere. that's roughly 5 times the size of the exxon valdez disaster. along the gulf, people want their coastline and their futures cleared up. >> and you feel that, that's horrible. that's terrible that's why we have to be here for the long- term. >> don't tell me, show me. trust has to be built and earned the. >> reporter: the new high ankle it in the -- anxiety in the gulf, will people be forgotten. >> we have going to hold them accountable. >> reporter: they have about 100 feet down left to industrial and could be ready to intercept the broken well by next weekend. cbs news grand i'll louisiana. teenager apparently tried to smoke pot is accused of starting a small wildfire in

southern california call. a 14-year-old confessed to accidently setting the fire. he says he dropped a barbecue lighter while trying to lot a bong. fortunately, no one was hurt. our meteorologist here and get ready for moore cool weather. i know honesty is the best policy, but i may have made something else up there. trying to light the bong. any way, around the bay area today, we are cooling things down. nice sunset shot for you. some clouds beginning to creep into your skies. it was kind of an interesting day in the high country. some thunderstorms erupting in that area and they are settling down now but we had numerous lightning strikes in through the high country and numerous strikes right in the tahoe area continuing to settle things down. thundershowers lightly to be

popping up again there tomorrow. meantime, that to go it's been the story the better part of the summer not much of a summer so far as far as the heat is concerned. well below the average and it's made its way inside the bay once again. it continues to marriage onshore again tonight. we are going to see some drizzle. we're going to see some damp roads early on in the morning. temperatures by the afternoon, 70s and 80s in the, well, you got that cool 50s and 60s toward the coastline. numbers right now, a lot of 50s and 60s this hour. you will -- only 86 degrees in sacramento, 93 in fresno. so, we got a low pressure continuing to sit on the coast pumping in that cool air. it will be here for looks like the next few days. going to deepen as we head into the middle of many of the week. that means some cooler

temperatures. it's going to spread well onshore tonight quite possibly in the central valley. and then as we head through the day, slow burn off. no surprise here, temperatures 50s and 60s. maybe some mid-80s in the warmest spots. you're looking at 70s into concord. temperatures up into the 60s and 70s, but as we look for the next few days, those temperatures are going to be rather cool. nobody got to 80 on wednesday, i wouldn't be surprised. if you can believe it, even cooler through the middle of the week, warm enough towards next weekend you notice i put some 90 in there just possibly next sunday. >> 94 at that. okay thank you. we will be right back. [ female announcer ] jobs leaving.

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and tagging me. publicly. [ male announcer ] you ought to be rewarded for being dependable. the citi forward card gives you extra points for paying your bill on time and staying within your credit limit. [ woman ] nice tights. what's your story? the citi forward card can help you write it. .there's been another shooting near a night club.. this t breaking news in san francisco right now.

there has been another shooting near a night club this time in union square. what we know so far. >> we are at post and mason just about a block from union scare and the club we're talking about is just a little bit to the south of ruby sky. this is some other type of club or venue. witnesses and plaintiffs tell us in bits and pieces. at least three people have been shot. witnesses say they saw two people come out, one in a stretcher, one in a wheelchair. there was also another person shot tonight. apparently, nothing fatal at this point. we don't know exactly what the cause of this was or why it happened. this is a busy part of town tonight. a lot of people out on the street. a lot of cars moving around. a lot of traffic in that area. they have an entire section blocked off. right now that's about all we know. shooting down here on may son near union square, three people

shot. >> looks like a typical friday or saturday night to you. >> it does. a lot of tourists in town, a lot of people around tonight. looks like that kind of night. obviously the shooting is inside. i don't think anybody in the street was threatened. thank you very much. all right. what's up. >> yes, i am. i am -- usually when i do this, it means breaking news. bear with me. the giants look to split the four-game set against the braves in atlanta. and. did the former -- star become the latest to throw a no- hitter, he was one out away. ♪

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raise had the second best record. one out away from being the pitcher to throw a no-hitter. but evan gets the base hit off the glove of aaron hill. rays 1. atlanta, solo shot to -- they take three out of four from the giants. tied at 2, suzuki, coco crisp give the a's a 3-2 lead. cahill did not give a run. he is 12 life 4. he might be the best pitcher in the bay area. tiger wrapped up his worse record as a pro and his worse record. it's embarrassing at this

point. victory came -- here's a road race expert and he did it again. he wins at watkins. >> all right. thank you very much. well, we have some pretty big apple stories here in the bay area, but nothing quite like this: you're looking at the biggest apple store in the world. it's three stories tall and any building that used to house a nightclub, it's open this weekend in london. this store is right in the middle of one of the bussiest shopping districts people started lining up a day before the store opened. this is the 300th store worldwide. coming up at 11:00 we have more from don about that shooting necessity nightclub this san francisco and game day? >> we are going to look into the problems with the media journalism and whether or not reporters are checking their sources properly.

>> well look into that. >> we are digging down deep. have a good night. @9c?c?