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a death row inmate set to die in nearly 48 hours is making yet another appeal tonight. this one to the nineth circuit court of appeals in san francisco. albert brown is scheduled to die one minute after midnight early wednesday morning. he was convicted of abducting, raping and killing susan jordan of riverside. now, more on what could be california's first execution in nearly five years. lilian? >> carolyn, we now know how the state plans to end brown's life. the convicted inmate had until noon today to make his choice. death row inmate albert brown was given the choice how he wanted to die. with a heavy dose or a 3-drug cocktail. >> i think a lawyer's worst

nightmare is to talk to a client about how they should choose the way they want to die. >> she is head of the death penalty college at santa clara university. she says the three-drug cocktail is considered more risky because it involves a paralyzing agent. >> the paralytic raised all kinds of concerns. if somebody was not sedated and was in excruciating pain, you would see no visible signs. >> brown chose no neither method so that means the state would do the three-drug cocktail. they say such a choice is unconstitutionally midevil. here is dean johnson. >> i think what is going on here is the lawyers are considering whether they can make an argument that it is somehow cruel and unusual punishment to require a man to choose the manor of his death. >> brown's attorneys are pining their hopes on the nineth circuit court of

appeals. they filed papers requesting a stay of execution. if it takes place, it will be the first execution in san quentin's newly constructed death chamber. a judge ordered a roomier facility as well as how the execution team is trained. the fact that the judge did not inspect the changes could work in brown's favor. >> why put a man to death when these issues are still up in the air? what is the hurry? that is the core of the arc -- argument for the nineth circuit. >> brown's attorneys will ask a superior court judge to block the execution. that is scheduled for tomorrow. brown will be the 14th person executed in california. carolyn? >> lilian, thank you. there is another issue for the state for future executions. the attorney general's office says its small supply of sodium cyopenthal expires october 1st and they are currently out of stock.

they sent a letter to state officials earlier this year saying they provide these products because they improve or save lives. the company goes on to say we do not support the use of any of our products in capital punishment procedures. san francisco police responded to two trouble spots just blocks apart 0* sutter street today. police shot and killed a suspect at one apartment while a man barricaded himself in a room in another. the officer-involved shooting happened at sutter and hyde. police responded to a noise complaint at the hotel around 11:00 this morning. someone threw stereo speakers outside the apartment window. the building manager brought police to a room to investigate. >> they displayed weapons to the officer, and the officer fired the fatal shot to the victim. >> authorities are not saying what kind of weapon the man had. one resident said he heard as many as eight shots fired. and the s.w.a.t team

responded to sutter at franklin to check on a man barricaded in his apartment. it began with an altercation at starbucks early this morning. the man dropped his identification, and police tracked him to his apartment. hostage negotiators tried to make contact by phone. they used gas and a police dog to try to get him to come out. after ten hours he surrendered. the heat is on in northern california. pg&e is asking customers to conserve energy through the heatwave to avoid outages. about 33,000 customers lost power on saturday because of a system overload in castro valley and hayward. and there is another spare the air a you -- air alert for tomorrow for unhealthy air. leigh glaser is here with more on that for us now. leigh? >> it is because of this area of high pressure that is pushing the particles clou is to the surface and -- close to the surface and creating the poor air quality. here is a look at the forecast. you in the inland east bay and santa clara valley, very poor

air quality due to the sinks or subsiding air close to the surface. so poor readings there. elsewhere in the bay area, you can see north bay and the bay area, central bay as well as the south bay, we are looking at moderate levels of ozone pollute tents. it looks like tuesday or wednesday before the air quality starts to improve. keep that in mind if you are out. another hot day in store for us tomorrow. we'll look at the highs coming up. >> thanks, leigh. we will check back with you soon. the chp reopened highway 1 near bodega bay. a wildfire burned nearly 100 acres of grass. a volunteer firefighter was in critical, but stable condition at a burn center this weekend. cal fire believes he came into contact with a high voltage power line. the u.s. navy is concerning two pilots dipped a pair of helicopters into lake tahoe. a tourist captured it on

camera and posted it on youtube. take a look. the video shows the chopper skimming the surface of the water. one loses control and spins and crashes into the water in a near disaster. the pilot does manage to pull the aircraft back up. even though this footage shows one helicopter hitting the water, a navy spokesman says both went in and neither had enough power to hold its position. the damage could reach half a million dollars. an investigation is underway. the two pilots are grounded until that investigation is completed. new research on gun violence shows half of the guns that crossed state lines and used in crimes last year were sold in just 10 states. the report from an association of more than 500 mayors found the states account for nearly 2100 guns connected to crimes in other states. california is one of those where the guns were sold. the others are georgia,

florida, virginia, texas, indiana, ohio, pennsylvania, north carolina and arizona. the report says criminals and gun traffickers may favor states with more relaxed gun laws. politics now with congressional elections just 37 days away. the democrats brought out the big guns. bill clinton hit the trail. president obama follows tomorrow. and where they are campaigning speaks volumes about the party's difficulties right now. here is bradley. >> president barack obama played basketball on sunday with his two daughters sasha and malea. just about every other washington insider played politics. former president bill clinton barn -- barnstormed for other candidates where they could gain control of the house and the senate. >> their argument is we dug a $3 trillion hole in eight years and they didn't get us out in 21 months. >> republicans faulted the

democrats for not pushing the tax cuts beyond the november election. >> it would be the most irresponsible thing i have seen since i have been in washington, d.c. >> democrats say they are ready to cut taxes. they say it is republicans holding up the legislation by insisting tax breaks for the wealthiest americans continue. >> they will have to explain to their constituents why they are holding up tax cuts for the middle class. it is an untenable position to say we will allow your taxes to go up on january 1st unless the president agrees to give tax cuts to millionaires and billionaires. >> extending tax cuts for those making over a quarter million dollars would cost $700 billion over 10 years. one house member says he has found a way to pay for some of the cost. >> reducing discretionary spending back to the 2008 levels would be -- that would save $100 billion this year. >> voters head to the polls in a little over a month. but the battle is likely to last well past the mid-term.

abc news, the white house. >> for the latest poll numbers, it shows recreational use is gaining popularity in california. voters now favor prop 1949-42% in a field poll out this morning. in july, the measure trailed by four points. supporters say it is a way for cash-strapped cities and counties to add much-needed tax revenue. opponents include many law enforcement groups and many party political candidates despite crime concerns, pot will remain illegal regardless of what happens. up next, troops going into iraq, and then this. >> day down -- stay down! stay down! that's -- >> that's the warning passengers got. ÷ ÷ 888888@t@t@t@t@t@t@t@t@t@t@t

caitlin: i was diagnosed with scoliosis. when you're 16, nobody wants to go through back surgery. my doctor has letters and pictures of other kids who've gone through the same thing on his walls and that really helped me not be as scared. i'm not worried about my back anymore. i wanna do that again! announcer: at sutter health, our story is you. for more stories, visit sutterhealth.org.

>> closed captioning brought to >> closed captioning brought to we have all heard recordings from inside the cockpit as pilots deal with danger. rarely do we see video from the passenger cabin. tonight we have pictures from delta flight 4951 landing at j.f.k. airport last night because the landing gear wouldn't come down. through it all, the pilot remained remarkably calm. >> inside the cabin, passengers captured the announcement you would never want to hear from a pilot. >> brace for up -- for impact. >> and then this command. >> heads down! heads down! stay down! >> as emergency crews arrived on the runway the control

tower gave this warning. >> rescue one, there are 64 souls on board and 6,000 pounds of fuel. >> the pilot told the control tower. >> good luck. >> as the jet touched down, the right wing scraped the tarmac and sparks flew, visibly visible through the window, but miraculously, no fire. the passengers were surprisingly calm as they were evacuated. emergency crews stood at the ready, but weren't necessary. >> i don't know. i am just really happy to be here. >> reporter: he shot some of the cell phone pick truers-- pictures and comepding the pilot -- commending the pilot today. >> you have to put your life in their hands and hope for the best. >> all 60 passengers again managed to get off safely through the main cabin door. again, no one was hurt. iranian forces say they crossed the border into

neighboring iraq and killed 30 fighters during the bombing of a military parade. 12 women and children died in the attack. a general of the elite revolutionary guard told iranian state tv that the terrorists were killed in a clash beyond the border. iran said it would target groups on iraqi soil. this is a rare case of admitting to such an attack. and an iranian newspaper reports that a delegation from iman will try to secure the released of two americans being held there more than a year. it comes one week after iran released share raw shored. -- sarah shourd. they captured shourd, and her fiancee and their friend 14 months ago while they were on a hiking trip in northern iraq. the battle to curb the use of cell phones behind the wheel could come to a head. the governor's highway safety association will consider a complete ban on cell phone use

while driving whether hands free or not. a recent study by the american journal of public health found distracted driving fatalities increased 28% in the three years since 2008. the national safety council favors a total ban estimating cell phone use is responsible for more than one in four of all crashes. we had really warm weather this weekend. >> we did. >> and it will stick with us for a bit. leigh glaser is here now. >> yeah, temperatures tomorrow over 100 degrees. we had a little cooling and fog near the coast in the bay. boy, temperatures are going to warm back up tomorrow. we have clear skies right now. this is a live shot from the high definition roof cam. you can see the bay bridge in the background there. it is still quite mild to even warm inland with antioch still holding heat at 78. livermore 67. 70 in concord right now. 65 in oakland. san francisco 62. 50 in half moon bay.

napa at 60 degrees with clear skies. we will go with mild temperatures overnight. more heat tomorrow, and then it does look like you can expect gradual cooling as we head into wednesday, thursday and friday. yeah, here is the fog. very patchy at best near the coast. some will venture inland to the bay. so we will look for a little overcast there tonight. temperature wise in the 50s near san francisco, san rafael and oakland. the further east you go, the mild air mass will remain. so the temperatures there are mid to low 60s overnight. high pressure is continuing to build in. it has been with us the past several days. tomorrow it is really going to influence our forecast. a slight offshore wind, and that will mean another warm to hot day, especially inland on monday. as we head into tuesday and wednesday, that's when the high will retreat and push off toward the east and that will allow for onshore, cool wind to return.

by wednesday and thursday, we should see the return of the low clouds and fog. here is a look at our highs for monday, 95 for san jose and 97 for campbell. 98 for los gatos. even the coast with a little patchy fog, mid to upper 70s. these temperatures may be even warmer than that. but for right now, 79 for half moon bay, pacifica, 77. menlo park tomorrow, 92. 94 for palo alto. san francisco, 87 degrees tomorrow. north bay, 100 for cloverdale. 98 santa rosa. sonoma will heat up to 97 degrees and even oakland in the east bay, 89. 90 for sanly -- sanly january grow. but temperatures will come up, concord 100. 100 for pit pit. brentwood -- 100 for pittsburgh. it will be hot at 102 in your neighborhood. 100 for morganville and watsonville heating to 90 degrees. tomorrow another spare the air

day for the bay area. hot temperatures will start to cool things down slightly on tuesday. then the wind shift will take place wednesday, thursday and friday. cooler wind direction. the fog returns and we will drop to the low 60s at the coast. >> thanks, leigh. up next, michael douglas is back in the role that won him an oscar in 1987. we'll look at the box office winners next. and the raider quarterback shuffle worked, but too bad they interest didn't have a soccer player do their kicking. mike shumann next in rt spue. -- next in sports. @ú@úaaaaaaaaaa

hyundai is recalling about 140,000 sonata sedans. it will affect models built between december 11th of 2009 and september 10th of 2010. they say there is a defect in the steering column that could affect a driver's ability to manipulate the car.

greed paid off at the box office this weekend. wall street's "money never sleeps" brought a crop of newcomers. the sequel reunites oliver stone and actor michael douglas. he is back in his role as gordon gecco. it beat out "legends of the guardians" which took in $16.3 million. the mother-daughter come comedy "you again" came in with $8 million. well, it is sort of a sad weekend for the raiders. so close, and yet so far. >> both of our local teams. thank goodness for stanford. being a kicker in the nfl can be tough. you sit and watch and then like a light switch you are expected to just come in 1k3* -- in and kick the game winner. he is getting the start over campbell. that turned out to be a good choice. darrin mcfaden finds pay dirt. he ran for 105 yards.

late third quarter. the arizona quarterback derrick anderson, to the best receiver in the game. the raiders are down four from their own 36. it is a clutch first down pick up. sebastian, 32-yarder to win it and he pushes it wide to left. his third of the game. a heartbreaker for the raiders. it is one and two. niners and kansas city and they were completely out coaches he sliped and he comes up with an inter seeping. dash sh ad interception. matt castle -- matt casel. cassel burned the niners. but it all went south from there. the double reverse flea flicker. he goes to duane bow.

it is 17-7. alex smith goes down hard. he was sacked five times. the nipers out coached on >> the 9ers are out coached on all sides of the ball. 31-10 the final. the giants retake the lead of the national league west. we have the highlights when we come back.

i have a feeling the national league west title will come down to the final game against the padres. matt cane on the hill against the rockies and he was money. he went the distance and flirted with a no hitter. and some fire works and sanchez on top of one. that's gone. his second straight game with a homerun and 2-0 giants. cane was dealing. in the 6th blows away eric young, junior. no hitter into the 8th. jay payton and grounds one up the middle. uribe double clutches. it is ruled an infield single and the no-no is gone, but not

the victor ree.-- victory. they struck out eight. 4-2 giants win coupled with the padres' loss and the g-men are back in first with six to go and all six at home. meanwhile, the a's were eliminated from the post season and back at work against the rangers. he gave up seven runs on 12 hits in four innings. the rangers win a shootout 16-9. women's championship and two shots on goal. both were blocked. another shot blocked. she had a pair of goals. then in the second half, and marta, the mvp puts the finishing touch on it. they win their first championship 4-0. they go from worst to first in one season p. it is sunday and that means it is time for your plays of the

day. all kinds of way to make play of the day including falling on your behind. from clumsy to grace graceful, randy moss is joining jerry rice. moss had two as the patses beat the bills. jackson becoming regulars in the play of the day. jackson with 10td catcheses of more than 50 yards and the eagles beat the jags. leon washington ties an nfl record with two kickoff returnses, 101 yard and this 99-ready yeaher as seattle knocks off san diego 27-20. our play of the day, check out this one-handed grab, as good as it gets. kansas city cooks the niners. and we end it with golf. jim furyk's bunker shot, a shot worth $11 million. he gets up and down to win the tour championship and the fed ex cup. that's your plays of the day. congrats to the gold pride and

their gm who used to work here. finally a bay area champion. and stanford is at 5:00 here on abc7 on saturday. that's gonna be a great game. both undefeated. the winner of that will win the pac-10. >> i know who you are pulling for. >> yes, we know. that's it for this edition of abc7 news. for leigh glaser and mike shumann, thank you for joining us. our next newscast is tomorrow morning at 4:30. good night. dan: i had a biopsy and i had high-risk prostate cancer.

i was depressed. i was shocked. sometimes cancer makes you feel very lonely. the doctors can do their best to cure the cancer, but it takes all of the other stuff to make you a whole person again. i've been given a second chance. announcer: at sutter health, our story is you. for more stories, visit sutterhealth.org.