♪ so let's just stay awake until we grow older if i had my way we'd never close our eyes ♪ ♪ our eyes never ♪ [ cheers and applause ] >> jimmy: i want to thank emily blunt, dave salmoni, the animals. apologize to matt damon, we ran out of time for him tonight. he will be rescheduled. adam lambert. that is called "trespassing. "it's out on may 15th. you can see a bonus song at jimmykimmellive.com. thanks for watching. good night. ♪

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this will get more complicated before it gets less complicated. >> 1400 bodies, buried a hundred years ago. >> it shutdown construction at a south bay hospital. i'm dan ashley. >> and i'm carolyn johnson. the san jose construction site is now ground zero for human remains. crews unearthed what is believed to be a cemetery for the county's poorest buried from 1875 to 1935 at what is now the site of the santa clara valley medical center.

lisa amin is there now with more on what it means? >> it was an accidental discovery. valley medical center is expanding its campus. when construction crews started digging, they found the coffin. these are photos of pine boxes, thought to be the coffins of santa clara county's poor and indigent in the late 1800's. you can see the outline of the boxes buried beneath the earth and in the middle of valley medical center's construction site. >> i think it is surprising. nobody realized that that cemetery was there. >> the county is now rushing to figure out how to handle this troubling discovery. these county blueprints show a cemetery existed off what is now ginger lane in 1932. then 20 years later -- >> there is a parking lot in 1915 that was there. >> it was paved over somehow par

and remained that way until february when construction crews broke ground on a lo er.hind the er. there are no detailed records for the cemetery and for those potter's fieldd which is believed to be massive. >> it can be projected from a 1932 map. there can be up to 1,450 pine boxes located in that area. >> like the tiger jumping out of the zoo, everything is going along fine and then this >> county suhappens. >> county supervisor is worried. the project is stalled until a court grants the county permission to remove theedies. the hope is once the boxes are open the documents will revea the:00 pants' identities aness g down relatives. >> we are not going to rush ahead and rush forward to our project without figuring out how to deal with the human dignity or with identification. >> the county court will ask

for permission to remove 100 boxes. that's how many they believe are in the immediate construction zone. the county is hoping to leave the other 1350 coffins untouched. live in san jose, lisa amin do lesion, lisa abc -- amin lisa as gulezian, abc news. they are trying to take a hard line on soft drinks. what may become the first city in the nation to put a special tax on sugary sodas and drinks. john alston is live with the story. >> the city council may be seconds away away from voting. the official vote has not taken place, but based on what councilmembers say, it would appear that by a vote of 5-2 this tax on soda will go to the ballot in november. the fight over a soda tax went down to health and higher taxes. leading the charge, the richmond city councilman. >> this is the amount

sugar that your child or when you drt when you drink one can of soda a day for a year. >> i'm a cardiologist. i spent 30 years taking care of this problem. th is a major killer, and it will kill these young children unless we do something. >> his plan is to put a tax on sugar and other soda drink that would cost another penny per ounce. like the cigarette tax it would be a deterrent and reduce the amount of sugar that leads to obesity, type 2 diabeteses and heart attacks. but opponents don't like the idea of another tax. >> agree that sodas are not good for us. it is us that will suffer in richmond, and everybody else will be good. and i mean suffering by spending money that we don't have because we don't have jobs.>> >> because it is a tax on poor people let's not call it a sugar tax, but it is a tax on poor people of the. >> the american beverage association set up meetings to fight the tax.

they don't think it is a tabooed idea. >> it is a bad idea to the consumers. >> supporters say the tax would generate between $2 rillion and $8 million exprkts money would go toward after school sports programs, health care for children with diabetes and healthier school meals. >> i don't drink that much soda because my mom doe let me because you get fat. >> so it would appear that this is going to pass the. the final vote has not been taken. but it will appear the measure will go to voters in november. we will let you know the official outcome if it happens during the newscast. john alston, abc news. >> thank you, john. the san jose city council approved tough new restrictions on pay day lending businesses. they decided to cap the number of pay day loans at 38. that's currently how many operate in the city. any future pay day loan businesses are banned from opening in low income areas

and must be separated by at least a quarter mile. those currently doing business are exempt from the new regulations. a pay day loan accepts them as collateral for the high interest loans some asigh as lley castro valley police have more than a dozen people they want to talk to in the first homicide of the year. a tip lead to a home on omega avenue. the scene was so bloody they were not sure how he died. an autopsy is scheduled for tomorrow. that is also when police will released the victim's name. he is in his twenties and did not live in the home. and how is this for a bail deal? a federal judge ordered a suspect in a shootout with federal agents released until his trial on the condition he reads and writes for 90 minutes every day. investigate you you -- investigators say the 23-year-old was trying to sell a grenade launcher to an atf

agent outside a chevy's when gunfire broke out. despite the circumstances, he co on released on $150,000 bail on friday if he promises to do his homework. abc7 news spoke with his grand father. >> of course he should do some reading and writing. he is a pretty tabooed reader, and -- good reader and most surely a good writer. he was not a bad student. it is good for him to read and write. >> the u.s. attorney's office would not comment, but an atf spokesperson says, quote, we are not in a position to second guess a judge's decision. a major drug bust has interrupted the flow of heroin into northern california. state and federal agents arrested a dozen nortena gang members. it is the culmination of a operation called "operation during raids in east palo alto, hayward and oakland they seized guns and marijuana and methamphetamine. they say they bought three heroe

course of the investigation. facebook's initial public offering keeps getting bigger. cnbc says facebook will issue 85 million shares pushing the 420l number to more than million. facebook could read more than $16 billion if it sells those shares at its price.d price. and before the big ipo, general motors is reportedly unfriending facebook bay pulling its ads. the nation's largest auto maker determined that the ads have little affect on consumers. another whale found entangled in netting. it is the second this week. what rescuers are doing to free this humpback near monterey. >> i'm michael finney. 24r* is new concern about the safety of cosmetics. i look into the dangerous chem some skin creams. >> and hear the jobs that are most likely bad for your well wier.

coming up on "nightline" just released 9-1-1 calls raise concern about the six-year-old releasedded from her bed and her parents hold important clues. and we are up close and personal from gigantic whales. that's on "nightline." >> and abc7 news at 11:00 continues right after this.

there is a concern of the safety of cot met particulars -- cosmetics. >> it focuses on dangerous levels of mercury found in some anti-aging creams creams, lotions and soaps that are coming from foreign countries. >> michael finney is here with his investigation. >> in the past few years, state and federal investigators have turned up 35 skin products containing mercury. just two years ago an alameda county woman and other members of her family including a four-year-old boy all tested high for mercury after using a tainted product. >> these items may work well, but it is beauty at tremendous cost. >> he is a research scientist with the state department of public health. the team of investigators at the department recently launched a one-year study to determine the extent of the

problem. >> it is of concern. you really only want to have minimal amounts of mercury in your system. like maybe a part per billrt in that's one part in a billion. this has about 4% mercury. >> the fda says mercury can cause damage to the kidneys kidneys and nervous system and even interfere with the development of the brain in unborn and young children can become contaminated by touching a parent or even a counter top exposed to mercury. >> mercury can vaporize from mercury containing skin creams. and finally mercury can get into dust or food. >> they are currently testing for mercury and other chemicalsin co in cosmetics purchased throughout california and sold at ethnic markets and swap meets. in products that containre are mercury and they have all been imported.

>> sometimes it comes in byway of personal luggage. other times it is trucked or flown in for sale at the store. stacy is the co-founder of the campaign for safe cosmetics. >> i definitely want to avoid anything with mercury. skin creams that don't have any labels or labels that are not available in english, or if the label doesn't contain ingredients, it is best not to use the product. >> we found a skin cream matching the description and two other products whose labels were primarily in a foreign language. we said all three products -- we sent all three to a certified lab andll tested all three for traces of mercury, but less than the one part per million allowed by the food and drug administration. more won't be known for a year. >> there is always questions, and i would say there is probably a handful of ingredients in cosmetics that issues have been raised about. >> that is the vice president

y trade group, the personal care product council. some of those ingredients include a known carson gnaw ginl far mall formaldehyde in s. headaches.ail polish known europe banned 1200 chemicals. the united states only 10. >> if they aren't safe for use o update the to update thect. cosmetic laws and give the fda real authority to oversee this $60 billion industry. >> how far any new regulation should go is a subject of controversy. the campaign for safe cosmetics supports phasinchemica chemicals that cause cancer and reproductive harm and they want full disclosure of inyield yents -- ingredients and they call it overreaching.reaching. >> the difference between europe and here is stunning. >> completely different way of dealing with it.

twice in the past week two whales have been entangled in crab pods off the coast. this was first spotted in pacific grove. you can see the netting here in this photo. in the north bay, a rescue team freed this 25-foot gray whale in bodega bay. that whale was spotted last friday and he managed to cut the whale loose. >> working in a restaurant can be bad for your well being. a survey by health.com found such jobs can be thankless and unrewarding as well as physically stressful. other similar bad jobs include soldier, cashier and lawyer in this regard. healthy jobs include administrative assistant, health professionals, florist, software engineers and fitness instructors. right now we have an update. the city council just voted 5-2 to put a measure adding a new tax on sugary soft drinks on the november ballot. vot >> so voters will decide that in richmond in november.

let's move on now and talk about the weather forecast. it is still cool. >> meteorologist sandhya patel is here for us. >> it was really cool at the coast where the marine layer remained in place most of the afternoon. 56 in half moon bay and 57 in san francisco. but if you are away from the coast, some of the inland communities did warm up iday. 76 up to 76 in livermore and 78 in concord. both up today. 80 in antioch. 70 degrees in santa rosa and 71 in san jose. tomorrow it is looking similar. there is is a difference tonight. look at the high definition east bay hills camera time lapse. a dramatic view. the marine layer was rushing in. the wind was coming in from the west and helped to push the low clouds all the way in over the bay. the marine layer is 2,000 feet d along with the wind flow for the low clouds to make it all the way over the oakland berkeley hills and pushing up to san jose and up to santa rosa. we are headed for a morning

with widespread low low cloudins and fog. temperatures are in the 50s, and here are the highlights. clouds and fog are pushing inland. mild tomorrow for the bay and inland. cooler pattern for your thursday. so it is just going to be minor ups and downs. here is the satellite and radar. higher pressure is not a strong factor in our forecast, but it did provide us with a little warming inland. w pressure willur thursday a swing through, and it will cool off the inland areas for th you will notice it when you go from the 70s and the 80s dropping to the mid70s in the warmest locations. low to mid50s across the bay area and once again widespreado. overcast. area reduc reducing visibility first thing in the morning. upper 40s in a few locations. santa cruz, morgan hill and santa rosa. a sweater might come in handy first thing in the morning. with the widespread gray skies, do expect slower clearing from the inland areas. and it will never really clear the coast much like today.

so temperatures are remaining cool there in the 50s. the inland communities in the low 80s well inland for your wednesday afternoon. 82 degrees in antioch. that will be one of our warmer locations. 61 in san francisco and 57 in half moon bay. getting up toward cloverdale and clear lake and ukiah in the mid80s range. 77 for you in santa rosa. from you on the peninsula, a nice looking day, mild condition. 72 in palo alto. 75 in san jose. and for the monterey bay, the fog will linger well into the afternoon. monterey 62 degrees and getting up to 79 morgan h in morgan hill. the accu-weather seven-day forecast, cool to mild tomorrow. cooler for your thursday. a little more cloud cover, and then on fry ad day -- on friday the temperatures will come up. low 80s inland. we will keep it in that range for early next week. carolyn and dan? >> thanks, sandhya. coming up, a grateful dead fan's dream. >> what you will pay for a

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dancers, tried to set a guinness world record in livermore for the most people dancing in the street to the monkeys' theme song.at the owe d ac actually or if they broke it, but boy they had a good time trying. >> looks like they absolutely did. the marin county home of legendary great jerry garciaale is for sale exprkts price is reduced. now for $3 million 595 thousand you can own the home garcia owned at the time of his death. the home has fiveseven bathroom, seven bathrooms and a master bedroom that features a sauna and a and a closet that particular particularly the size of mostin. people's living rooms. the selling price was recently reduced by $400,000. >> pretty nice. >> spectacular property. coming down to my range

there if i wait long enough. if your success is based on pitching and defense, well you better play the defense and not do this. the giants' blunders continues to the dismay of tim lincecum. sports is next.h@ çkçkneclosedt

good evening. the torture is back for giants fans and tim lincecum. pure agony against the rockies. temps in the low 50s and fog is rolling in. traffic and weather together on the 7. he is frozen and lynn succumb goes 7 innings. the south bay native line drive to center and he can't make the play. it is all the way to the wall. you have to stop that ball. two on for cabrera. got milk? down the right field line and two runs score and giants back within four. redemption and base hit. a play at the plate and cabrera, and he is safe. we are tied at four. to the 9th and santiago caw see yaw and mar cos

scootero is all over it. the bots tom of -- the bottom of 9th and he leaves the bat on his shoulder. bettencourt gets it out. rockies win it 5-4. the a's and angels in an invitation only matinee. he is down the right field line. it is 1-0 angels. he had had no chance. he strikes out nine. pujols finally three hits. his average is up two under. he knocks in a run and the angels blank the a's 4-0. change refers where for the raiders -- changes are everywhere for the raiders from management to coaches and x's and o's. he will be the first raiders coach to see what carson palmer and darrin mcfaden can do together. mcfaden got hurt in carson's first game last year. keeping mcfaden healthy is key. >> we want him to be healthy,

and we want him to stay healthy. we will do everything we can to keep him that way. >> he is an exciting player. he is working hard out here every day to get better and to learn the system and sure ake sure he knows what to do. >> stage three tour of california and 115 miles and san jose to livermore. i get winded driving my car up mount diablo. those guys make it look easy. conditioning is an issue here. fans out in force for theaightct stage. he has a 12-second lead mab -- nba playoffs and don't worry, lady. actually you should worry. heat down two and duane wade with the tie and five seconds left. chalmers for the tie? the pacers even the series at a game apiece 78-75.

i'm sorry. was that your face? duncun may be old, but he is aging like fine wine. duncun there with 26. the spurs are just too good though. ginobili with the backdoor. >> excellent. "night lynn" is --" nightline" is up next. >> thank you. the news continues tomorrow morning at 4:30. [ mom ] to me, chex is not just a little bowl of cereal, it's kind of a big deal.

to find nutritious and gluten-free cereals my whole family actually loves? well, the word "wow" comes to mind. and then a friend told me chex has five flavors that are gluten-free. even a cinnamon one the kids love. a nutritious cereal that makes everybody happy? like i said, wow. [ male announcer ] chex cereal. five flavors. good and gluten free.

we had that much happen last year, how much more does -- how much more acres are we going to have burn before this stops? and then we have the air quality concerns as well. >> there are a lot of air concerns in the phoenix area. imagine all that smoke. not good for breathing or folks who may have respiratory problems. so because of those dry conditions and the mild winter in most of the country, this is an uphill battle for those folks. we'll keep an eye on that. a slow start. don't tell that to the people in phoenix. here's your wednesday weather.

some dense morning fog here in the northeast. hail and gusty winds from new york up to vermont, new hampshire and maine. showers around cincinnati and louisville. thunderstorms in the southeast and from houston to new orleans. >> 80s from dallas to miami. 77 in atlanta. and 68 here in new york. 77 in chicago. and 82 in the twin cities. phoenix, once again, unfortunately, heating up to 106. salt lake city, 85. and seattle, 75. well, when you are shopping for diamonds, you should pay close attention to the four cs. i know this rule. this is good. cut, color, clarity and, of course, carats here. and for most of us, there's a crucial fifth "c," the cost. >> oh, but costs seem to be no object at sotheby's in geneva where one of the world's oldest and most famous diamonds sold for $9.7 million. nearly twice what it was expected to fetch. and it is gorgeous. >> women love this. it's a nearly 35 carat pear