good morning. i'm teresa garcia. we begin in the east bay where a nine-year-old girl is in critical but stable condition at oakland's oak children's hospital. she was shot in the neck and back when she answered the knock on door in hercules about 10:30 last night. they are interviewing people in the house at the time. they released no information about the suspect. >> the man accused of assaulting a two-year-old girl in the union city dollar store will be back in court on monday. eugene ramos is behind bars after being denied bail on charges that he sexually assaulted a toddler. lilian kim has more on this disturbing story.

>> from the surveillance video you can see customers and employees at the dollar tree in union city turn their attention to the back of store. he was caught in the act, assaulting a two-year-old girl. he is running through the aisles but just after he leaves the camera's view, a couple customer tackled him outside. he was charged with three felony counts. >> forcible lewd act under a child of 14. intent to commit a sex crime. >> investigators say the assaults happened in one of the aisles. girl separated from the grandmother when he grabbed her. >> i've seen a lot of the bad cases but this is at the top. >> prosecutors say the two girl wasn't his first victim. he was convicted of 7-year-old girl in hayward seven years ago

am according to court documents, ramos' grandmother told the judge he was mentally ill but didn't have money to get him treatment. court ordered a psychological evaluation after which ramos sent a letter to the judge. he wrote, i have regained my confidence to stand trial. i am familiar with the information i need to know to assist my attorney in my defense. i am stabilize order medications and have been for several months. issues of mental health and medications will play a role remain to be seen. >> i don't know. whatever meds he was on o off or on doesn't want you to raise a baby. >> now to a family of a man shot to death outside his home by napa police, that family is demanding an independent investigation. 60-year-old man pulled a knife on officers before one of them tased him and another shot him with a rifle. police say they followed proper

procedure but the attorney says there was no mention of a knife until several days after the shooting. the daughter says her father was not violent. >> he was dedicated to helping people that were sick anyone that needed help. investigators say the family called police saying he was depressed and had firearms in the house. >> a judge has denied a bill request by the former bart cop convicting an unarmed passenger two years ago. johannes mehserle shot him to death on new year's day. he was found guilty of involuntary manslaughter. she is serving a two-year sentence but asked to be released while the appeals process plays out. >> police are hoping someone will see the story and help them

find a man who attacked a woman at a train station. here a sketch of the suspect. they say palace night, he grabbed a woman at the caltrain station and punched her in the face. he also robbed her. police say he is hispanic, 5'3" and 5'5'' and 140 pounds. a young man, suspected in a series of pepper spray robberies is under arrest again. 18-year-old troy carpenter escaped from a police station on november 26. we learned that they tracked him down to the sacramento area and arrested him earlier in the week. he is accused of robbing six people. he is being held on half million dollars bail. developing story out of russia where two people have died and 40 are injured after a passenger jet lost power in an emergency landing near moscow. the pilot received a signal at 30,000 feet that two of the jets

three engines lost power. the third engine caused the plane to skid down the runway and break up. the plane was carrying 155 people, the main carrier stopped flying the same model. we'll have more as information becomes available. >> there is a showdown looming in the senate over tax cuts with the floor vote on tap later today. republicans are holding out for an extension, democrats are worried about jobs and the new numbers show national unemployment rate inching close to 10%, that is far better than california's 12.4% rate. >> the menendez said the tax cuts be extended to the rich

republicans are holding the middle-class tax cuts hostage. democrats are desperate. they will try to raise anyone making up to a million dollars but republicans are not expected to back those efforts. >> we f we don't extend the tax cuts, there is economy is going like this. >> all this after the latest job numbers which the administration said was worse than expected. >> no denying that it's disappointing. a wake-up call after some weeks of encouraging signs including stronger sales during holiday season. >> this economy is really weak. >> these are some of the jobless hoping to find a job attending job fair with robert frazier, out of the military for a year and now homeless.

>> i've been unemployed. which i find hard to believe. >> provisional for her daughter and agree grandchildren. >> when will businesses start hiring? many companies are waiting for washington for tax rates and rules. >> we don't care what you choose, but choose something. we want to know what the rules of the game are so we can plan for the future. >> how much efforts by the democrats may be symbolic. negotiations are continuing between the leaders and the white house. it could extend unemployment benefits and get some of the tax cuts the president is asking for, as well. >> coming up, lawyers on both sides of california's same-sex marriage debate return to the court to appeal proposition 8. a quick look where the issue stands now, whr it's headed.

>> california's new chief justice is ready to join her colleagues. what governor swarzenegger has to say about her. and also ahead, san jose is

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if i want keep doing this i have to start taking care of my heart. so i'm starting with cheerios. [ male announcer ] got something you'll love to keep doing? take care of your heart. you can start with cheerios. the natul whole grain oats can help lower cholesterol. this is what makes me happy, so i'll probably do this until the wheels fall off. [ male announcer ] it's time. love your heart so you can do what you love. cheerios. changes in the state. california has a new chief justice this weekend. >> discharge the duties upon which i'm about to enter. [ applause ] >> at her swearing-in ceremony, they say she is a living breathing example of the american dream and she has unwavering commitment to justice. >> i'm fully aware of the

undescribable challenge ahead of me. i also am aware that i am prepared to happily dedicate myself to this task. >> she has served the last five years as an appellate court judge in sacramento. she replaces ronald george. a federal appeals court will hear arguments on same-sex marriage in in california on monday. a diverse three judge panel will convene in a nationally televised two hour session. they will review a lower court ruling that same-sex couples have the same right to marry. that decision overruled proposition 8, 2008 state ballot initiative that outlawed same-sex marriage. we will be hearing it live on our website started agent 10:00 monday morning. and stream it live and "abc 7 news."

eric thomas will be hosting a live webcast. several bay area cities have laws that punish parents if underage children throw a party with alcohol in the house. they can still be held accountable. as lisa amin gulezian reports, there is an effort to create similar law in san jose. >> there sanity community out there that doesn't have its share of teenagers who throw house parties, oftentimes their parents are away and suddenly outcomes the alcohol. >> that is why the community action group and some city leaders want san jose to take and stand and pass a social hosting, it would fine parents in the situations, even if the adult are out of town. >> if you invited your neighbor,

if your dog bites your neighbor, whether you are present are not you are liable. the proposed ordinance comes after the recent alcohol related deaths of two san jose teenagers. >> they were in a drunk driving accident. the parents should be held responsible. >> but many disagree, especially the ones allowing the party is over 18 under 21. >> i don't think it's fair. if you are 18, you are an adult. >> this proposal has quite a ways to go. on monday the committee will get an update on it. one sign that the council will accept it. backers hope the council will vote on it as early as spring.

lisa amin gulezian, "abc 7 news." >> we need to take cover. >> it's pretty mild out there but the tradeoff we have some rain in the bay area. kind of foggy start to the day. temperatures in the 50s here. i'll show you where the rain is and how much to expect over the weekend. that is coming up. ♪ a holiday present. oprah: all new -- the family who had a 25-year relationship with michael jackson. oprah: how did you all keep this a secret? then best-selling phenomenon -- a secret? then best-selling phenomenon -- jonathan!

you don't love me anymore do you billy? what? i didn't buy this cereal to sweet talk your taste buds it's for my heart health.

so i can't have any? if you can deprive me of what can help lower my cholesterol... and live with yourself. right. mmm, i worry about your mother. cry herself to sleep every night over my arteries, but have yourself a bowl. good speech dad. [ whimper ] [ male announcer ] honey nut cheerios tastes great and its whole grain oats can help lower cholesterol. bee happy. bee healthy. good morning, it's 8:17. live look along the embarcadero. you see the bay bridge in the background, treasure island. one of cruise ships. if you are headed out today, you may need to take cover for a little rain, more is coming but temperatures have warmed up slightly.

lisa will have more on the weather coming up. >> there is an up and coming local music groups enrich the holiday season. ♪ >> the duo is offering a free copy of their new christmas album. if you buy a book on amazon to donate to the book drive. they were approached by their friend with the idea. tyler is leadership group at high school in richmond. >> we have a tremendous responsibility at this point. >> four richmond schools benefit from the book drive. you can buy a book from a specific list on amazon.com, and you get an order number to download the christmas album for free. good reason to get another book.

>> you might want that over the weekend. we have a weak frontal band off the coast. light rain today, better chance of rain over the entire bay area. as you head outside, taking you to tahoe, 43 degrees at lake tahoe. truckee, 39. cloudy skies right now, more snow. from vollmer peak you are looking back at mount diablo where we have the cloud cover, extensive cloud cover throughout the east bay valleys. the rain has not hit you yet. as we check out live doppler 7 hd, you can see the darker green. we'll give you a tour. in the north bay, very light returns from fort ross. and scattered showers around rohnert park and along the

peninsula it was wet but there is a cell off shore. alameda is looking at light rain further is south from burlingame through belmont, across the in as many bridge, getting ready to see a light shower in union city. more moisture here from pescadero into santa cruz. we are looking at the low to the south and west of us. it will bring the moisture up throughout the day today. we're talking a couple of tenths in the valley. maybe rain on the coast and not see any at all in livermore. 47 in redwood city. we have fog around the bay and some haze, mild 55 in half moon bay. so highlights today, light showers this morning. scattered showers throughout the afternoon and then more rain tomorrow with a stronger system, system number two. here is the first system, a warm front is pushing through the bay area. temperatures actually have gone up overnight as much as five to seven degrees. here is next system.

it has a little more of a punch with slightly more rain. in fact the moisture content of this system could spread about an inch of rain in the wettest locations. here is the way it's going to pan out the rest of the day today. light showers into the afternoon. early evening still getting wet. overnight hours, few pockets of heavier rain. then by 5:00, here comes a wave of rain. 9:00, not over yet, right through the monday morning commute, we'll be looking at wet weather. mild temperatures in the sierra, nevada and snow levels high at 7,000 feet. maybe a foot above 7500 feet. look for 58 in menlo park. in san francisco vicinity area, we will look for the scattered showers, not an all day rain. 56 in petaluma. light showers, hit or miss for oakland at 59.

and less of a chance out here but still could see showers from time to time in pleasanton. 61 in watsonville. coastal range for the most part, scattered showers elsewhere and better rain coming tomorrow, late afternoon into the later evening hours. then you'll notice we still have cloud cover. chance of rain wednesday, thursday, mild with the xloud cover. >> many. >> the giants appear to be getting a bargain in signing a star for the world series run. >> good morning. they will say it's not about the money, of course, it's always about the money except for pat bureau, they got one million dollars for a guy who could turn

out to be starting outfielders. he was making $9 million with tampa bay. he was instrumental in the playoff run. san jose native has made plenty of money so cash was secondary. >> being a part of something special is more important to me than testing out free agency and all that goes along with that. i really don't know where i would have fit in to this free market, but that wasn't a concern of mine coming back and playing for the giants was number one. miguel tejada passed his physical, he has a $6.5 million deal. he was once the heart and soul of oakland team, sent the season with padres and will be playing behind cain and not trying to

hit him. >> to have a player of his stature and plays it the right way, it's very easy for people to follow suit to set that standard. it's great for our him all he wants to do is play baseball. 2010, the worst year of tiger woods life. he is leading halfway mark of the chevron world challenge in southern california. tierlg tiger, for an eagle. 13 under, leading by four. how about paul casey on the 12th hole. seven iron, catches the ridge here and starts to roll back. hole in one. this might be better, bubba watson, 2nd shot, par five, 283

yards. nothing but the bottom of the cup. a rare double eagle. >> 49ers somehow are game out of first place. they've got a huge contest visiting the green bay packers. the quarterback they could have had, but instead of alex smith, aaron rodgers is one of best in the n.f.l. rogers says he studied the defense that shut down arizona last night and he is impressed with what he sees on tape. >> this is more -- there is a little bit of the exotic stuff. they run their stuff a little better. they are one game out of the division lead. obviously this was a game we need to play well in. >> high school football playoffs

undefeated palo alto versus valley christian, palo alto with the bomb, and deep to maurice williams. makes it 7-0. williams had record speed, 78 yards. palo alto wins the central coast section, 21-14. >> stanford versus boston college, 48th minute, shoots and scores 1-0. cardinals came in undefeated and they stay that way 2-0 the final. stanford advances to the championship game against notre dame. >> this is cal all lady bears, one of them is right here. cal rolls and will face north carolina tonight. stanford also a winner in round

one action. we've got college football for you this afternoon at 5:00, big 12 title game, nebraska versus oklahoma followed by a final edition of after the game. >> finally some good news for u.s. workers, why you might have a reason to look forward to a little extra something in your paycheck next year. a major retailer is moving headquarters from oakland. and president obama is back in washington this morning after a

[ female announcer ] give yourself the gift of time with the kfc festive feast. twelve pieces of the colonel's hand breaded original recipe chicken. with three sides and six biscuits for only $19.99. have a so good holiday. good morning, we begin by updating a story we brought to you at the top of the hour.

senate republicans have voted 53-36 to block legislation that would allow taxes to increase for upper income earners. this bill was 7 votes shy of 60 to advance. this clears the way for negotiations to begin between congress and the white house over the bush era tax cuts. without action by congress, all income tax cuts will expire at the end of this year. >> a nine-year-old girl is in critical but stable condition at oakland children's hospital with gunshot wounds. she was shot in the neck and back when she answered her home in hercules. it happened about 10:30 last night. investigators are interviewing people who were in the house at the time. police have released no information about the suspect. >> a san francisco teenager convicted six years ago of hate crimes against a group of asian-americans is now going to court to have his record changed.

as vic lee explains, this is a legal move that is angering many in the asian community. >> matthew is now 23 years old. he served as hundred hours of community service and he completed his probation. his attorney says the young man has turned his life around. >> he graduated from high school. he graduated from college. he is now starting out in a business world. >> he now wants the courts to reduce his felony assault to misdemeanors, drop the hate crime conviction and have his record sealed. prosecutors object saying hate crimes are serious. >> all hate crimes are serious. >> it's being heard by kevin mccarthy the same judge that ruled him as guilty. calling the crime as despicable. it happened june 2003 near 19th

avenue. many of the white students had been drinking in keg party. some of them ended up at this pizza shop. the asill yant confronted five asian-american teenagers on the street. >> they said they yelled racial slurs before they beat them up. it lasted about 10 to 15 minutes, but they said for them, what happened here would last a lifetime. >> it's something i'll never forget. >> jeff was beaten and kicked repeatedly. wu and his family members came here to show the opposition of his request. wu didn't want to tack about it but the father said the attack changed his son's life. >> it's no longer feeling the world is safe. >> they represented the victims at the trial. >> his attorney says his client

has every right to ask the court to change his record. he says the probation officer supports it. the hearing was continued until january. >> there is a new push to help volunteers who want to help mentor african-american young people. a national initiative kicked off in oakland and the response was overwhelming. the work can be tough and this new program will help volunteers from getting discouraged. >> they are celebrating but being a mentor in oakland isn't a smooth experience. >> i have one teen i mentor. >> she says she often finds herself surprised by what he asks her and sometimes doesn't know what to say. >> he catches me off guard with this scenario. >> the movement now recognizes that volunteers could use more

training before they are paired up with local nonprofits. >> we made the training available to 57 and 400 plus signed on. >> the training will start this weekend in santa cruz and it's not for just current mentors but also for new volunteers. >> have done is a little nervous about being a mentor. when he saw the reaction in the streets after the verdict in oscar grant's death, he knew he had to do something. >> i was in the gym and come off the freeway, and i run right into the cars, and what is going on. they have nothing to look up to. >> cares is national program from flan. it will focus a lot of attention on the well-being of the volunteers so they'll hopefully

be strong when the kids need them most. >> president obama is back at the white house this morning. he arrived at andrews air force base in maryland about 3:00 a.m. our time after making a quick unannounced trip to visit troops yesterday. he told 3500 military personnel that they are succeeding in the fight against terrorism. he praised their courage and thanked them for their sacrifice. >> a few days when i don't sign a letter to military family expressing our nation's gratitude and grief at their profound sacrifice. this holiday season, our thoughts and prayers go out to them. >> president obama handed out five purple hearts. >> in other news, negligence is being blamed for the worst forest fire in israel's history. the fire is still ranging this

morning but an initial investigation is discounting arson as the cause. 41 people are dead, 17,000 others had to be evacuated. thousands of acres of boo'd lands have burned. loss of forest is hard in israel where 7 of the land has tree cover. >> in spain, the country has declared a state of alarm over a air traffic controllers strike. that means they are under military authority and those that don't go back to work could go to the jail. they say some strikers are back on the job at madrid airport. it closed at least eight airports and stranded hundreds of thousands of travelers. the controllers are embroiled in a dispute and upset to partially privatize the airlines. it marks the first time spain has invoked the constitutional

provision approved of 19789 to help the government deal with catastrophes. >> they are getting a boost to the economy. major chain store, pet food express just moved the corporate headquarters to a warehouse around the coliseum. heather ishimaru has more on the story. >> there are plenty of reasons to celebrating at this pet food express grand opening. they have huge new digs. they are celebrating the donation of canine bulletproof vests. mayor-elect says it's evidence that the city's better qualities are not always overlooked. >> you need to take a look at the city. it's one of most beautiful cities in the world. we are projected to have more jobs and housing over the next

decade and rents are cheaper. >> the space is distribution center and home office. co-owner and founder michael levy starred the company 30 years ago. we want to have, what we call a grade a or class a warehouse. there are very few in the bay area. we searched for two years. we found this one in oakland. >> they employ more than 5,000 people company wide, 110 here in oakland. company is getting a deal on rent, about 30% less than the last tenant had, the u.s. postal service. he expects to hire more support staff here in oakland. >> we always try to promote from within but always looking for great new people that love pets. >> he said there was not a lot of interest from potential

renters. >> the distribution center located in the city of oakland, it was a great day. >> they expect to open nine to ten new stores within the next year. >> if you are looking for a job, you might also find one at the next job journal hiring event. next tuesday from 11:00 to 3:00 at wyndham hotel. and firm says many companies expect to give workers a raise of almost 3% next year. 5% of the companies swerved plans to keep salaries frozen. >> downtown san francisco, lots of clouds and bringing on the wind today. >> and also scientific discovery of mono lake.

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good morning, what a beautiful shot from one of our cameras atop vollmer peak. you see mount diablo and low clouds, indicative of the rain. we do have some headed our way. lisa argen is her to talk about it. >> we are looking at a warmer system today, but a more organized system tomorrow. more rain is headed our way tomorrow. weak frontal band sits off shore here is the view from mount tam. temperatures are in the mid to upper 40s here. warmer in san francisco and we will be looking at the scattered showers thought date today.

a live look at live doppler 7 hd and the green here, representing the rain and the lighter blue not reaching the ground. in the north bay from windsor to santa rosa and st. helene but as we get into san francisco, geary boulevard looking at rain here. lighter rain but down toward sloat boulevard more rain to come. brisbane and into alameda, some light rain. also on the peninsula, half moon bay down to redwood city and santa cruz mountains looking at wet weather. we could pick up a generous dose of rain throughout the morning and afternoon hours. low pressure center is just off the coast. i mentioned before it's a wreak one, but we'll have an opportunity for more rain tomorrow. so temperatures are fairly mild.

in the low 50s in san francisco and oakland. 55 in san jose. we'll be looking at this patch of rain to push on through and atmosphere is primed for the rest of the afternoon for scattered showers with the low lingering off shore. more rain headed our way on sunday. the satellite picture, you can pick out the low right there. here is the subtropical moisture and here is the main feature that could bring about an inch of rain tomorrow. so two systems to go through this weekend. first one on top of us now. second one headed our way late tomorrow. scattered showers throughout the afternoon, even evening hours and dinner hour, bring your umbrellas. more rain and then by sunday morning a little bit of a break but afternoon, 3:00 to 4:00, heavier cells and 8:00 or 9:00 hour, getting weather wet and by monday morning, we're still

getting some precip through the commute. its warm system with the snow levels high then coming down a foot above 7500 feet by monday. 60 in santa clara. san francisco, kind of sloppy morning at 58 degrees in the north bay, wet weather with mid to upper 50s throughout the morning hours. scattered afternoon showers for berkeley. 59 in union city and you, too, will see scattered hours from concord to pleasanton. 59 there. 61 in watsonville. santa cruz mountains getting wet today, tomorrow we'll see more rain and in fact, as we dry out on monday, more wet weather, tuesday and wednesday and looks like beyond. >> keep the umbrella the whole

weekend. you know the understanding of life on earth is being turned on its ear. there is a bay area nasa researcher who has made an unexpected study near mono lake. >> for as long as science has studied life, one combination has remained consistent. it's the building blocks of life. you'll find it in every person, every bug, every plant. >> all life has that on it. that all we knee. >> or she said we knew until the doctor research paper now add arsenic to the mix. microbe that uses arsenic to make dna, fat and proteins. it's one of a kind.

>> this is the colony of microbes that convert arsenic. >> this is major discovery. >> is she on to something? >> yes, she is, very much so. >> fits proved and it's really shown to be a distinct form of exchange of energy exchange, it's really another form of life. we're looking at something as alien as if it arrived here on meet right. >> in fact, they found the microbes without leaving the state of california. >> if you want to look for something interesting on earth, mono lake is a great place to come. >> if nature keeps secrets, rite why not here, only extreme creatures survive here and now we know, most extreme of them all. >> an alternate by oh chemistry.

>> it takes the notion of life as we know it and turns it on its head. >> the results could leave to a debate. let's assume for a moment before life as we know it there was another form that thrived but failed. >> let's say it's older. were there multiple actions to the origins of life. we have no idea. >> this expanded definition of life changes our search for it elsewhere. the possibilities boundless. >> it says we should look more what we're looking for. >> since we first became aware of ourselves and we wondered if they are alone. how ironic after all this time, we might have strong a very strong clue right here. >> it would be really

interesting. >> 7 on your side is up next. >> the new clipper mass transit i have fallen in love with making bird houses. caw caw! [ director ]what is that? that's a horrible crow. here are some things that i'll make as little portals. honestly, i'd love to do this for the rest of my life so i've got to take care of my heart. for me, cheerios is a good place to start. [ male announcer ] got something you'll love to keep doing? take care of your heart.

you can start with cheerios. the natural whole grain oats can help lower cholesterol. brrrbb... makes you feel ageless. [ male announcer ] it's time. love your heart so you can do what you love. cheerios. [ bob ] squak.

barrier transit officials say the number of commuters paying on the clipper card is rising fast. 320,000 people use the clipper card to pay fares on five different systems and 43% just started using it in the last month. as you might expect there has been some glitches with the new system. one woman got so frustrated she came to 7 on your side's michael finney. >> she rides the muni bus to work er day so it helps to have

this card to let's her swipe and go. her card recently renamed the clipper card is supposed to make life easier by letting passengers ride on one pass. like other passengers, she says there are glitches. >> i was charged twice for the clipper card. >> her troubles started a year ago when she bought a $70 pass. then she arranged automatic payments. but when they started, she was charged again for the month of january. she called and complained, she paid twice for the same month. >> she said it couldn't possibly that you purchased two muni passes for the same month. it would carry over for the next month which it didn't. so that $70 got lost. >> she sent in these documents

that she bought it at walgreens and was charged for it again on her credit card. they said she would get her money back but it didn't happen. disciplining came and went. nancy still did not have her refund. >> i thought by november, i contacted 7 on your side. >> we brought the matter to officials at clipper and they told us it was a simple failure of customer service to act quickly. immediately they gave her a free pass for the month of november. clipper told 7 on your side, thank you and her for bringing this matter to our attention. we are sincerely sorry it took so long to get to the final chapter. >> now she is riding with the confidence. >> it was two hours, how do you want it sent back. >> they say they have assembled a new team to work out glitches

so problem solving should be easier in the future. >> you might see candid cameras showing up everywhere. why a man

a university professor has implanted a camera on the back of his head. he teaches photography. he says wants his head gets less sore he will attach a camera. that camera will take one picture every minute for a year and stream the images live to the museum of modern art in qatar. he says she interested in documenting what he left behind. vicinity go. >> it's getting wet right now. we've got. it's going to end by midday, a third of an inch expected. heavier showers headed around the city.

more heavier rain and windier conditions, today is light stuff. mid-60s to upper 50s. >> thanks. our next news starts at 4:00 tonight. have a great day.