closed captioning by closed captioning services,inc good morning i'm kristen sze. and i'm cheryl jennings. police preparing to make an arrest in the death of a man hit by a bicyclist. >> reporter: the big news is what they want to arrest him for. they are recollection emergencying a felony charge. this would be a first in a bicyclist-pedestrian collision. i just spoke with the captain over the case. here's what he said moments ago. >> we're seeking a warrant for

the bicyclist's arrest for felony vehicular manslaughter. >> reporter: why? >> because we believe the san francisco police department believes we've shown that the cyclist caused the death of another, the pedestrian. and that it was done in a reckless manner. >> reporter: the collision happened at the busy intersection of market and castro at the end of the month, last month the end of march. police say the bicyclist was going too fast and he hit and killed a 71-year-old pedestrian who was lawful in the crosswalk. there was a previous fatal accident between a pedestrian and a bicyclist recently and the d.a. charged it as a misdemeanor. police tell me they couldn't prove gross negligence in that case. in this one they believe they can. the captain has call the district attorney courageous to seek a felony charge because there is no case law to back up a felony charge.

but they feel strongly this is the right call. they hope to get the judge to sign the warrant today. once signed they will work on making an arrest. we reached out to the bicyclist and his attorney but we've not heard back. amy hollyfield, abc7 news. sonoma county deputies have recovered a body spotted floating in bodega bay. a helicopter lowered two deputies to the bottom of a cliff this morning. somebody call the sheriff yesterday but the combination of weather, lightning and high tides prevented crews from reaching the man until this morning. the coroner says it could take days to identify that man. in monterey county marine biologists are trying to find and rescue a grey what i entangled in a fishing net last -- a gray whale entangled in a fishing net. >> reporter: somewhere out there perhaps here in monterey bay, maybe a bit south or

north, is a 40 foot, 40 ton gray whale in a lot of trouble entangled in fishing line. also out there a boatful and planeful of people trying to taken that whale before it is too late. they've given it the name of june, spotted last tuesday often coast of los angeles, dragging up to 100 feet of thick crab pot line. rescuers got some, didn't get all. crews attached two buoys to make her easier to spot, it didn't work. yesterday she was seen. the rescue work today by the california whale entanglement team is treacherous the whale's tail powerful but not removing that line could prove deadly. >> we don't know how often whales die from entanglement, several hundred thousands of entangled every year.

these are big powerful animals that can carry gear for a long period of time but it does wear on them over time and is a danger to them. >> reporter: what you see is a whale rescue effort in hawaii. this is what they hope to happen when the teams catch up with june. the concern for her is two-fold the fishing line is across her mouth inhabiting -- inhibiting eating and cutting through the blubber to its meat could cut off circulation and lead to possibly death. they will attack a tracking device so june won't disappear again. the good news is she seems to be close to the coast that limits the area they have to search. the bad news is the weather is expected to turn for the worse later today that will put an end to the search for her. if you spot her, if you are out there on a boat, there is

a number to call: 1-877-sos-whale. for more on that go to abc7news.com click on see it on tv. terry mcsweeney, abc7 news. a big pharmacy chain now being drawn into the legal battle over the huge 2007 cosco busan oil spill in san francisco bay. the owners of the ship are suing longs drug stores for recklessly and negligently dispensing drugs to the marine pilot at the helm. 53,000 gallons of oil spilled into the bay. the suit says the pills prescribed by longs clouded the captain's judgment and directly led to the collision. lodges now owned by cvs has -- longs now owned by cvs has not commented on the lawsuit mike in the weather center with more on thunderstorms

possibly. possibly, that's the key possibly still a threat of scattered showers also during the afternoon. rain totals not much lower elevations around the bay up to the north bay in the higher elevations and you have -- the only areas in the lower elevations are watsonville and gilroy. you can see scattered sprinkles around the bay area near clairemont near sausalito, near moraga and lafayette that's it now. the bulk of the moisture east or south still on its way it will be here today, tonight and tomorrow. i'll tell you how much you will get in a minute. for now it is dry. today the supreme court questioned arizona's top show me your papers law saying finding and removing illegal immigrants from the state. a provision requiring police

to question a person's immigration status if officers suspect they are in the country illegal the provision only applies if the person was stopped for some other reason. the obama administration challenged the law claiming arizona overstepped, saying the federal government controls immigration policy. arizona officials say they are confident the law is consistent with fed -- with federal law >> arizona has a right i as governor felt i had the right to protect the citizens of arizona. >> in case clearly before the court is about preemption. but it stands to be one of the biggest civil rights cases since brown vs. board of education because of its civil rights implication. >> justices must decide whether lower federal courts were right to block parts of the law. the ruling is expected in late june. this morning abc news learned newt gingrich will us is his campaign tuesday and is highly likely he will endorse

romney. despite reports he was still on the campaign trail this morning speaking at a breakfast in north carolina. he promised to keep campaigning through the week. he acknowledged romney's momentum after the former massachusetts governor swept primaries in five states yesterday. >> i am committed to defeating obama we will find ways to try to be helpful. i think it is clear that governor prom fee is going to be the nominee. we'll do -- everything we can to make sure he's effective. >> meantime, new poll finds michelle obama and ann romney are more popular than their husbands. the first lady had 59% favorable rating. 13 points higher than the commander in chief. mrs. romney had a 40% favorable rating. just ahead, firing back in the wake of a secret service prostitution scandal. >> we will not allow the acts of a few to tarnish the proud legacy of the secret service.

>> the nation's head of homeland security fires back as she is grilled about the act of some of those who protect the president. burger king's new promise to customers related to animal cruelty.

new developments in the secret service sex scandal. the secretary of homeland security faced tough questions from the judiciary panel.

katie marzullo is here with more. >> reporter: in her opening remarks janet napolitano said it is inexcusable that the agents hired prostituted in colombia ahead of the president's visit. she says the agents are being penalized accordingly. she defended the secret service as a whole and said the president was never in danger. >> this conduct we've heard about, did that pose any risk to the president's security within colombia or to national security? >> mr. chairman, that was my first question to director sullivan when he called and the answer is no. there was no risk to the president. >> reporter: there are still consequences. secretary of homeland security napolitano says of the 12 secret service personnel implicated in the prostitution scandal, eight have been fired, one is losing security clearance and three cleared of serious misconduct but will face disciplinary action. another big question from the chairman, has this happened before? >> over the past 2 1/2 years

the secret service office of professional responsibility has not received any such complaint. >> reporter: speaker boehner weighed in this morning and is taking a hard-line on the incident. >> i think the scandal is a real black mark on the secret service and frankly on our country. >> reporter: secretary 1/2 knapp promises the ongoing investigation which is -- is being supervised by the inspector general, will be thorough. >> we will not allow the acts of a few to tarnish the proud legacy of the secret service. >> reporter: the secretary says agents are trained with a focus on professionalism and high morale standards. she says this investigation will reveal if changes need to be made. federal and state agriculture investigators are testing other cows that lived in the same herd and born around the same time as the one that tested positive for mad cow in the central valley. meantime, health officials are

reassuring americans that it is safe to eat beef and certainly drink milk. the infected cow at a dairy farm never entered the food supply it was discovered through the government's random testing process. >> i imagine they will be going to the farm where this cow came from, doing additional testing, looking at the feed and other things that this cow was exposed to. to try and explain this. and the question willxñ be asked and they will need to answer, is our testing program, is our system that is in place, string skwrpbt enough? >> medical editor dr. besser says safety improvements have been made since 2006 when the u.s. last had a confirmed case of the fatal brain disease in cows. burger king announced today all eggs and pork will be raised cage-free by 2017. burger king is the second largest fast food restaurant. it uses hundreds of millions of eggs and tens of millions of pounds of pork annually.

animal advocates says the promise will raise the bar for other companies and could change the egg and pork supply business. mike ahead with the forecast. not something we say often here, but we have a moist and mild southerly flow coming in relative humidities between 65 and 75% that's giving you the clouds now we just need a spark to create knows showers. -- to create those showers. former state lawmaker who has had a run-in with the law looking to replace nadia lockyer. remember the white house party crashers? now one of them has plans for a political future.

a scary moment in downtown san francisco this morning. this large ficus tree crashed less than a from our news studios. it barely missed that parked car. nobody was hurt. the tree fell next to a restaurant which has outdoor seating. those seats are often crowded during lunchtime. >> haven't seen lightning in the bay area.

>> still a remote possibility on the fringe of having proper conditions for that definitely scattered showers. it wasn't winds that blew the tree down. tahoe we have scattered rain and snow down to around 9,000 feet, very warm system up there. back home we can see deck of clouds a little higher and more defined if it was more diffused like in tahoe we know it was rain right now we have sprinkles as we look at live doppler around the bay area. let's zoom out and show you where our rain is coming from down south they are getting more showers. secondary push of rain coming in for tonight into tomorrow starting to develop around seattle you can see it developing in the last few frames, crescent city and eureka, northwest corner of the state just about everywhere today there's a chance of scattered showers across the state that's unusual. 70 already in san jose, low to

mid 60s inland mid to upper 60s around the bay shore. monterey bay inland mid to upper 60s, 62 in gilroy. afternoon and evening scattered showers isolated chance of a thunderstorm another round of showers tomorrow a warm and dry weekend. even with the lack of sun we are going to be 66 today in san francisco and santa rosa 69 oakland one degree cooler concord 72 -- all these temperatures exactly where we should be for this time of the year mid to upper 60s along the coast through most of the bay area east bay valleys and santa clara and fremont could touch 70° today. monterey bay mid to upper 60s low 70s around morgan hill, gilroy and hollister. if you are going to game, 12:35 shower possible shouldn't keep you from going

to the game. we have to win in game to went series. first pitch 62°, warming up to 65. chance of scattered showers snow level down to 9,000 feet down to 6500 feet tonight if you are traveling through the sierra plan to early in the morning there could be snow on the roadways there at least on the grassy surfaces. upper 40s, santa cruz, low to mid 50s tonight light rain. low pushed farther south than what we thought yesterday that's why most of the rain is staying to our south light showers this afternoon and evening cold front will roll through and bring us another chance of showers for thursday. the chances are good, the amount of rain not so much about 5/100 to about a quarter of an inch. best chance of showers scattered now over in the east bay and santa clara valley during the evening and overnight hours by midnight

we'll see light rain that could wet the streets for the morning commute and showers will move from northwest to southeast across the bay starting 7:00 tomorrow morning through noon to 3:00 and then it is out of here and once it passes look at the high pressure the sunshine on the way friday 70s and 80s away from the coast over the weekend where you will be in the mid 60s. a state assemblywoman convicted of stealing now wants to take the vacated seat of former supervisor nadia lockyer. she has contacted supervisors about replacing lockyer. she resigned from her assembly post after pleading no contest this year to shoplifting clothing from neiman marcus. nadia lockyer resigned last friday after she went through rehab for substance abuse and claimed her ex-boyfriend assaulted her. the man who made headlines after crashing a white house event has political

aspirations. tariq salahi plans to run for governor of virginia next year. he and his former wife best known for conning their way past security and rubbing0c%,ú3 elbows with the political elite during a white house state dinner in 2009. the attorney general of virginia vows a lawsuit against salahi this week claiming he cheated customers who bought tours to his winery. panda has come off the disability list. this panda in china. just returned to a zoo in western china after spending two years being treated after he became ill this means a happy reunion between he and his brother. the two will be greeting visitors soon. so far he seems to be loving his sanitized room and fresh bamboo. they say he knows the difference. who is going to ask him? >> not us.

still ahead, beyonce has achieved many milestones. >> the new honor she has been given and what she says is her

a princess diana exhibit coming to california. later today. now to another people magazine has named bee on state world's most beautiful woman of 2012. >> she is only 30-years-old, actress, style icon and 16 time grammy winner.

>> beyonce says her proudest title happens to be her most recent, mommy to little blue ivy carter. she admits to love changing diapers and says the best thing about having a daughter is having a true legacy. >> others making the list modern family's sophia vergara, michelle williams. >> a lot of beauty there >> you can see scattered sprinkles around the bay area into the east bay valleys. looks like that's what we'll have for the next hour or so, scattered showers even a thunderstorm possible during the afternoon and evening. >> that's going to do it for us. who wants to be a millionaire