wednesday 5:01 thank you for joining us i'm kristen sze. i'm eric thomas. in a few hours testimony will resume in the trial of a man beating a priest that he claims molesting him as a child the judge's ruling has made defending the man tougher. amy hollyfield is live in san jose. >> reporter: anyone who is hoping the trial would focus on child molestation is disappointed with this ruling. the judge has decided there is no reason to attack father jerry lindner's credibility on the molestation issue and both sides need to focus on the salt. william lynch is accused of beating up lindner two years ago he says the priest

molested him when he was seven. three other people wanted to testify, but the priest -- that the priest abused them. the judge ruled yesterday they will not be allowed to testify that this trial needs to focus on the assault which is a blow to the defense. >> there's a man sitting in los gatos who is a rapist and know also children society is a victim here. >> reporter: the -- the testimony did focus on the assault and injuries that lindner suffered. a paramedic said he had wounds on his face but was alert and able to answer questions after the attack. lynch could have accepted a plea in this case he wanted to take this to trial in the hopes of exposing the issue of child molestation in the catholic church. this new ruling is going to make that tough because now this trial is strictly about an assault. amy hollyfield, abc7 news. breaking news.

the first death is being reported in the massive wildfires spreading throughout the western states. thousands are evacuated, hundreds of homes destroyed. firefighters face another day of difficult conditions. katie marzullo is here with the new developments. >> reporter: these fires are bad. the fire chief in colorado springs says epic and they are getting worse they are getting deadly, a woman was found dead in utah in a fire area that had been evacuated the first fatality associated with all of these fires. the waldo fire in -- near colorado springs, overnight being see the outline of the homes consuming neighborhoods flames have destroyed an unknown number of homes in colorado springs authorities evacuated the air force academy grounds more than 2,000 have had to leave the base. the fire has burned more than 6200 acres and jumped containment lines. the weather is make the

firefight almost impossible. >> right now over-the-hill we have a ton of people firefighters from the county, city, state, feds, all of us arm in arm putting this thing out, as we speak. -- three times the wind has changed and lept going north and came back at us. >> reporter: the wind is blowing 65 miles an hour in some places temperatures in the triple digits. 32,000 people have been ordered to leave all of colorado springs. another 9,000 notices are going out now to people who live in woodland park, colorado. 5:04. this morning a suspect is in jail in contra costa county accused of killing a woman in her orinda home. the 911 call came from a neighbor to report a murder. when police got there they found 51-year-old woman dead on the kitchen floor. investigators state housemate confessed. the result of a domestic

dispute. the death marks the first homicide in orinda in 10 years. stockton could officially file for bankruptcy as early as today becoming the largest city in the nation to do so the council voted 6-1 last night to declare chapter 9. the city manager says more cuts in public safety will have to be made even though the city has cut police force by 25% and fire department by 30%. >> this liability has grown and grown and grown and we set aside nothing. >> from 2002 to now, it got bad, guys ever assume that you had to look into this? did you not know that it wasn't funded? if you didn't know, shame on you. >> besides approving chapter 9

bankruptcy the council decided to approve a new budget, cuts in pay for city employees, also the promise of lifetime medical benefits for retirees will be taken away next year. in a few hours the state senate is scheduled to vote on tuition plan. the plan gives 120 five million dollars each to the university of -- 125 million dollars each to the university of california and cal-state university system if they freeze tuition costs. it hinges on the governor's tax bill which includes increasing sales tax and tax on wealthy. >> if the tax initiative fails the two systems would lose the money and see budgets increase by 250 million dollars that will lead to more tuition increases next spring. parents protesting closure of lakeview in oakland are holding their own board meeting this afternoon. the parents and supporters have been staging protests by camping outside the school for

more than a week. they held their version of a summer school program. part of their effort to voice opposition to the district's plan to close five elementary schools. alameda deputy faces charges for using confidential police databases to help a woman involved in a bitter child custody dispute. the 12 year veteran faces three misdemeanor charges. a spokesman tells the chronicle investigators feel that he inappropriately accessed computers and turned information over to another person. group made up of critics and supporters of the oakland police department calling for a commission to be formed to oversee the department. the group envisions a seven-member commission that would have authority over the office of inspector general which audits internal police investigations. would it look over to see citizens police review board which investigates complaints

against police. frances has new information on that oakland fire on 880 she will be joining news a minute. right now, -- mike nicco. >> we can see the smoke coming up, very quiet weather-wise this morning. good morning. live doppler quiet no radar returns temperatures from 49 in santa rosa the rest of us in the mid to upper 50s down to san jose at 57°. by the time we get to 7:00, low to mid 50s just about everywhere, a few clouds along the coast. lunch, clouds again, total sun, cool at the coast near 60, low 70s around the bay, toasty lunchtime inland near 80. low 80s at 4:00, mid 70s around the bay, mid 60s at the coast by 7:00, we'll start the cooling trend to the mid 70s inland upper 60s around the bay and youer 50s at the coast

it will be warmer today if you have been spending the last three or four days outside or your kids at camp make sure they have plenty of water. high amounts of grass, moderate to high amounts of tree, ragweed and mold. tomorrow a lot like today, sunshine close to average, we may cool a little friday into saturday because of morning clouds looks like we are locked into a typical summertime pattern for the foreseeable future. here's frances. turns out big rig on fire northbound 880 in oakland, past 980 they are saying near 7th west grand. we have a live shot near the area. we are looking from emeryville south and i think the smoke we see could be coming from that big rig fire north 880 past 980 supposedly blocking lane. we'll keep you posted. it is difficult to see if it is on the freeway.

even from this it might be on some of the streets there. again, we'll keep you posted. so far, traffic still flowing well on 980 and 880, we'll let you know if that changes and that's where the big rig fire has been reported in oakland. we'll keep you posted on that once you get to the bay bridge toll plaza, traffic light right now and even though we are getting into the summertime pattern this week, we've seen quite a few accidents this morning. keep you posted on that big rig fire. 5:10. next, muni's new plan to speed up service. when you will be able to board through any door legal limb >> hacker takes credit for stealing information from san jose university students. the school questions whether the hacking actually happen. new developments in the uc davis pepper spraying incident. what we can learn about the officers involved after

>> closed captioning brought to you by mancini sleepworld. good morning. today the board of rupert murdoch's media empire is expected to approve a split. newspaper would become a separate company. fox entertainment operates another. thirst for mideast oil may be cut in half energy analysts say we may not need any mideast oil by 2035.

auto dealers having their best june japanese automakers back in business sales are down 7% from last month. general motors hopes to spark sales later this summer with first minnie car the spark is being sold if -- -- other countries, gm targeting four-seater at urban markets. i'm rob nelson. historic hand shake with major symbolic significance this morning. queen elizabeth shook hands this morning belfast with a former irish republican army commander martin mcginnis. his party sinn fein previously refused all contact with british royals in a long running break away attempt that ended five years ago. the queen is in belfast as part of her travels through the u.k. to mark her 60th year on the throne. this morning san jose

state officials say there is no evidence to support a hacker's claim he was able to steal personal data from a student run non-profit server. the university is continuing to look into the breach. but says much of the data a hacker claimed to steal is not typically collected by at associated students. monday a hack area announced on twitter he infiltrated the server and gained access to social security numbers drivers license numbers and e-mail addresses. a judge has issued ruling allowing names of police officers who pepper sprayed students to be made public. [ inaudible ]

government officials are suing a hotel chain over allegations that the company failed to protect consumer credit card data the ftc announced lawsuit because of three breaches of corporate files in two years. officials say hundreds of thousands of the hotel changes customers had credit card information stolen. the company failed to take corrective measures after the first two breaches. wind dam says it doesn't know of customers who -- who suffered financial lots. starting sunny muni passengers -- starting sunday, muni passengers -- [ unintelligible ] muni inspectors will be out in

make sure there are no cheats. officials say the new system will help muni increase on-time performance. will we need the air conditioners soon? >> good one. you are going to hit upper 80s but it is going to cool quickly. [ talking over each other ] >> going to be a close call depends on money you want to save and how much of the environment you want to pollute. i'm kidding, i kid because i love. 5:17. good question eric i think it will come up to each person and how warm their house gets at night really comfortable to sleep if you can get the windows open. impending sunrise looks beautiful clean air over the bay area as we look east from mount sutro in san francisco. live doppler not up yet, nice

spike of radar return, when it happens, we'll let you know. no drizzle, no flight arrival delays expected. temperatures 60 antioch the ref of news the 50s there's that comfortable sleeping i was talking about, 49 gilroy everybody else monterey bay inland low to mid 50s sunny season & temperatures, clouds at the coast mainly clear around the bay and inland, -- slightly cooler highs throughout the weekend no big swings. six degrees warmer in concord and san jose, five in santa rosa, four in fremont, one in san francisco and oakland about the same as yesterday we are going to peak today and tomorrow and hold steady, if not drop a little into the weekend. 79 milpitas, low to mid 80s most of the south bay, 83 campbell. millbrae 72, mid to upper 70s san mateo, menlo park. low to mid 60s along the coast.

upper 60s downtown south san francisco, sausalito 72, low to mid 80s north bay valleys, low to mid 60s, 20° cooler at beaches even with the sun. berkeley 71, hercules 80 your extreme on the east bay shore everybody in the mid to upper 70s mid to upper 80s east bay valleys. mid to upper 70s watsonville and santa cruz to 66 in monterey. big game can we sweep the dodgers? 68° to 70, gorgeous day for baseball remember, take the sunscreen you will definitely need it. here's temperatures tonight, more good sleeping temperatures low to mid 50s. tomorrow almost exactly like today, except for more clouds at the coast during the morning. clouds more dominant in the morning, sea breeze is back we chip away two to four degrees that's it by the time we get

through the weekend. warmer next week have a great day here's frances. chp got several calls about this fire in oakland. turns out to be a big rig fire. near 880 and 980 but not on the freeway it is on oakland city streets right now. we have a live shot we were looking from emeryville southerlyer we saw a lot of smoke in the area now -- now we don't see the smoke but it was visible for about a mile away. right now city streets are blocked in the area so this is on 6th and market. i want to show you the waze traffic app, there's a traffic spotter that drove through the area. it is slow, 13 miles an hour. that's probably because some streets are closed at 6th and market. right now, freeway traffic, for most people looking good, 880 and 980 still delay-free. most of you are concerned about that. check in the south bay northbound 101 headlights

earlier accident before 880 on the shoulder, still no delays right there as you head up towards santa clara and sunnyvale. 5:21. next, a check of your bay area baseball scores. the city recognizes its king of the hill, matt cain. diagnosing bieber fever. the scientific explanation over why some of us go gaga, wait that's another performer -- for young stars.

>> oh yeah! dodgers shut out -- mayor lee presented matt cain with key to the city for his perfect game. june 13th, cain retired all 27 astros and -- nobody got on base with a hit or walk -- aid [ inaudible ] . june 13th, matt cain day from now on.

bieber fever under controlable adoration of the 18-year-old pop star symptoms include screaming, swooning and spending hours on twitter and facebook following and talking justin bieber. a scientist in montreal studied the phenomenon he found preteen and teenaged girls are more likely to fall for such musicians because they are a safe crush. part of a romantic awakening which includes experiencing feelings at a safe distance. >> they weren't thought to be safe things when frank sinatra and elvis were the center of the activity. >> right. >> parents went wild. 5:25. monitoring breaking news wildfires continue to rain out of control. --.

--. >> it is dangerously hot, heat index values 110 to moving towards the east coast mid to upper 80s today, mid to upper 70s portland and seattle. all airports in the lower 48 on time.

flight tracker abc7news.com.

wednesday morning 5:30 thanks for waking up with us i'm kristen sze. i'm eric thomas. back to that developing traffic news in the east bay. >> frances what do you see we have smoke, right? >> yeah, right now we don't see as much smoke, i wanted to show you earlier footage from our camera couple miles away we could see smoke in oakland near 880 and 980 due to a big rig fire that happened before 5:00 this morning. it is not on the freeway. we got several calls about it. it is actually on the north 88

omar street off-ramp. -- north 880 market street off-ramp. we know lanes were blocked in the area we'll keep you posted on the back-up on 880 right now traffic getting by through oakland 580 and 980 flowing well. we'll continue to check back. google in the spotlight this morning. executives will take the wraps off new offerings at the developers' conference in san francisco. much of the buzz is on the company's first ever tablet designed to be affordable. terry mcsweeney is live at the mosconey center. >> reporter: jelly bean comes in when you are talking about the newest android system in all the smartphones something that google is talking about. when you are talking that pad, everybody is trying to get to that ipad they are going to be releasing something that could be call the g-pad today

talking about $200. if that is going to be announced it is going to be available immediately. something else they are talking about the future glasses you may wear even if you have 20/20 vision. these are items that may be announced today but won't be available until next year project glass augmented reality glasses for those of you who want to augment your reality. google co-founder showed them off on gavin newsom's tv show. they allow you to do with the glasses anything you can do with your cell phone. the idea is that you want to be free to experience the world without fussing with a phone. i already took a picture of you. >> reporter: this is what you see when you have the glasses on. this may be your future folks. they use a microphone for you to do any calling you want to

do. partly transparent video screen over the right eye. it loads apps such as weather, calendars, gps device. the gps of course you think of if i'm in my car and need to go somewhere i'll put those glasses on, i don't think so if you can't talk without driving erratically the idea of driving with half your eye blocked out with computer information is probably a no-no as well. we are going to find out what is going on with google, 9:30 this morning. terry mcsweeney, abc7 news. testimony resumes in a few hours in the trial of a man accused of beating a los gatos priest he says molested him as a child. william lynch is being tried for assaulting father jerry lindner in may 2010. yesterday, testimony from paramedics and deputies focused on father lindner's injuries. also a big blow for the

defense, a judge ruled that three witnesses, including father lindner's niece can no longer testify. they all claim they were abused by the former priest. >> on one hand i was a nervous wreck about it on the other hand i get to finally do something about it, say something about it. and now i can't. and it just makes me sick. >> there have been three separate requests for a mistrial by the defense. the judge has denied all three. lynch is expected to testify in his own defense. the lawyer for the wife of suspended sheriff ross mirkarimi says her client is ready to fly from venezuela to testify in person at his misconduct hearing if the city will pay for her ticket. the ethics commission resumes hearing tomorrow evening. mirkarimi is fighting to keep his job after pleading guilty to a misdemeanor domestic violence charge involving a new year's eve incident with his wife eliana lopez.

dan noyes traveled to venezuela for an interview with lopez in her hometown of caracas. lopez's attorney says if city officials want her to testify, it is only fair they pay to bring her here a round trip ticket from venezuela could cost $1500 or more. wildfires scorching parts of the west has turned deadly. joining the hundreds of homes evacuated, key training for future military leaders being threatened. katie marzullo is live in the breaking news center with the latest. >> reporter: trying to keep track of numbers. evacuation orders issued in bulk, as fires rage out of control namely waldo fire has moved into the colorado springs city limits this is video of one colorado springs neighborhood overnight flames left nothing standing really. there are 29 large fires burning right now we understand around 32,000 people have left their homes. 9,000 in the colorado springs area. that includes the air force

academy where 700 cadets and personnel were told to lee. there is no estimate as to how many homes have burned. >> we have multiple structures that are impacted in the mountain shadows community. i can't give you a number right now. the truth is i can't begin to focus on what a number is what i can focus is on we know there are multiple places impacted, we are in that area, working. >> reporter: there are no reports of injuries in colorado springs. in northern colorado the 136 square mile high park fire has destroyed 257 homes and killed one woman that is the first death associated with these wildfires. the weather major concern, wind is blowing 65 miles an hour in some places and temperatures are in the triple digits. 5:36. arson investigators in san jose looking into what caused three fires that broke out within 30 minutes of one another yesterday.

this is video taken moments after firefighters arrived 12:30 a.m. already they were fighting their third fire in 30 minutes. 75 of the depend's 200 firefighters answered the calls, one fire started in a recycling bin and spread to electric and gas meters. another broke out minutes later, a few yards away, neighbors are worried. >> i heard a big blow up like explosion or gunshot. >> the area is not safe any more looks like to me and it is disturbing. >> 22 people, including eight children have been displaced getting help from the red cross. 11 more teenager recovering this morning after being -- a livermore teenager is recovering this morning after being bitten by a shark in hawaii. paramedics treated her for a three to five inch bite wound. the attack happened while she was sitting in two feet of shallow water.

another teen says she saw a shark the night before. >> i turned around and i saw just a decision orsil fin and my mom yelled -- shark. >> hawaii officials day think it was a reef shark that attacked the girl they are small usually five to six feet long and they often stay in the same shallow water. 5:38 now. time for a check on the weather. >> maybe nor conducive today to take a dip in the water. >> absolutely, pool will look inviting during the afternoon temperatures warmer than yesterday back to average, you wanted summer, here it is without the extreme heat. doppler showing how clear it is outside this morning. storm track still moving well north, small area of low pressure that shows you how it is moving to the northeast and how high pressure is building from the southwest and moving things around us that's why we are seeing heat start to

build. this morning comfortable, upper 40s to mid 50s in most areas through 7:00 clouds dissipate quickly upper 50s to low 60s lunch hour around half moon bay into san francisco mid 60s in oakland san rafael everybody else in the mid 70s to around 80 as we head towards 4:00 80s inland mid 70s around the bay shore mid to upper 60s along the coast into san francisco, it will get more comfortable by 7:00, a few clouds develop along the coast near 60 for you and half moon bay san francisco 62 in oakland upper 60s to low 70s everywhere else maybe a few mid 70s still hanging on north bay and east bay valleys. high amounts of grass, pollen everybody else moderate to high. weather pattern stays stagnant for tomorrow then shifts a little slightly cooler thanks to clouds in the morning hours friday and state. here's frances with an update. back to oakland where we had earlier big rig fire.

the big rig burned to the ground. northbound 880 on the market street off-ramp, off-ramp was closed for the last 10 minutes. now they are saying they reopened it and one of the lanes is open, at least the off ram is open street closures on market and 6th in oakland. traffic right now -- still flowing well, we could see smoke when it happened from a mile away northbound 880 and 980 and 580, so star still good through the area on the freeways -- so far still looking good through the area on the freeways. this is westbound 80 traffic towards the bay bridge this is westbound 580 and when we did see the fire it was in the background where we could see smoke. bay bridge toll plaza, so far, looking good elsewhere no delays now getting into san francisco. 5:40. next, parents will want to listen to this. startling new statistics about your kids and online bullying.

the growing percentage of children who say they've been victimized. a couple's honeymoon delayed. the trouble that caused their flight to turn around before they took off. cannonball experiment that wrong during the filming of mythbusters kwrfp the show is being allowe

our cloud is not soft and fluffy. our cloud is made of bedrock. concrete. and steel. our cloud is the smartest brains combating the latest security threats. it spans oceans, stretches continents. and is scalable as far as the mind can see. our cloud is the cloud other clouds look up to. welcome to the uppernet.

>> closed captioning brought to you by mancini sleepworld.

good morning. mythbusters will be allowed to return to the alameda county sheriff's training center in dublin later this summer. the show conned 40 experiments in four years -- conducted 40 experiments in four years until last december a 30 pound cannonball missed its mark and damaged homes and a minivan. the show will no longer conduct cannonball experiments. dole buy labs will be the latest company to -- dolby labs will be the latest company to move. it plans to purchase the 354,000 square foot building on market street for 110 million dollars close to twitter's new headquarters near 9th and market. dolby is not eligible to receive temporary exemption from the city's payroll tax because the site is just outside what is considered to

be the mid market area. dolby plans to move that the next 18 months. new study shows half of the world's children now fear being bullied on the survey by microsoft safety and security center shows 54% of kids surveyed say they worry about cyber bullies targeting them. 37% say they've been the victim of online bullying. 24% say they've bullied somebody else. in the u.s. 29% say they've been bullied online, 83% say they've been bullied off-line. next, another reason to go for that second cup of coffee this morning. >> or your third. >> second. not the fourth. >> you have to explain. >> i will. debby weakens to a tropical depression. the threat of flooding is not over for an already denched southeast. bay area transit fares going up. when you will be paying more to travel on the roads as well as the water.

new push to make the plastic water bottle a thing of the past. how landlords are being recruited to help out in the bay area.

welcome back warm everywhere except coast

san francisco mid to upper 60s. low to upper 80s inland. temperatures are where they should be those are see onal temperatures for this time of the year. no rain across the state doppler is dry now. today near 90 through the central valley. 93 fresno. low to mid 80s around l.a. and yosemite, 72 with sunshine san diego, warm spot dry 109 in palm springs. 5:49. update to a story we brought you at 11 p.m.. passengers on a cancelled air france flight bound for paris were returned to the airport this morning after they spent hours onboard their broken jet. jamie and her new husband were on that flight they boarded 3:00 yesterday afternoon. the plane never took off. they told abc7 morning news the flight was called back to the gate because of technical

difficulties. >> it has been blistering hot, babies crying i've heard one lady say her daughter broke out in hives. they won't serve you anything except water. >> the passengers have been told to come back in morning to try another flight to charles de gaulle airport. a broken window in the cockpit may have been the cause of the lengthy delay. san francisco's board of supervisors' president wants the city more green by reducing up in of plastic bottles. yesterday he introduced a proposal to require new and renovates buildings to have bottle filling stations, stations are being used at san francisco international and some schools and parks. if the legislation is approved, it would take effect next year. a lot of commuters will be facing higher fares starting sunday. muni paefpbgss in san francisco will be paying $2 more a monthly pass. fast passes to youth, senior

and disabled riders go up by a buck on bart riders -- one. golden gate ferries will charge a quarter to 50 cents more per trip. debby is now a tropical depression this morning the danger not over. forcasters say a combination of storm surge and tide could bring flooding to coastal areas in florida that are already drenched it could cause tornadoes. the storm has sat for days often florida panhandle dumbing two feast rain for four straight days. >> big trucks flood the house right now the house is drive when the waves come they go in the front door. >> in addition to flooding, sinkholes have formed in parts of the state, i-10 had to be closed all day yesterday because of the damage. 5:51. weather is next. we'll talk about debby, also our weather which is

opposite. we are probably the most comfortable area in the united states right now other than up into seattle where it going to be mid to upper 70s there portland temperatures preseasonal. let's move on, sunrise coming up, you can see it from sutro tower there over the east bay gorgeous picture right now. how about we talk about live doppler. first florida you can see bands of thunderstorms that are spiralling around tropical c lost winds that would make it a tropical storm down to 35 miles per hour moving east at 10 miles per hour you can see the storm track to the west, what you see to the east is the forecast where it going to be end up friday at 11 p.m. possibly tropical storm conditions as it gets back over the ocean and heads towards bermuda hopefully it is a distant memory. for us, nothing going on.

live doppler showing how clear it is outside this morning, how dry it is, 49 half moon bay and napa, everybody else in the 50s, updated temperatures around the monterey bay inland from 47 gilroy to 54 in monterey. here's what is going to happen today, sunshine, seasonal temperatures we talked about that yesterday. today we would warm up to seasonal temperatures and hang there for a few days, cloudy at the coast clear around the bay and inland slightly cooler during the weekend, slightly means one to two degrees not huge rollercoaster swings of temperatures today is probably the last dave big swings and they are going up concord six degrees with san jose, five santa rosa, fremont four san francisco one degree warmer than yesterday oakland 73 just like yesterday mid to upper 80s east bay valleys close to needing air conditioner on the east bay shore mid to upper 70s berkeley 71 hercules 879 milpitas low to mid 80s -- throughout the south bay peninsula 80 palo alto redwood

city mid to upper 70s low to mid 60s along the coast downtown south san francisco upper 60s north bay valleys low to mid 80s 20° cooler at beaches 66 monterey 78 santa cruz, 88 gilroy. take the brooms with you to at&t park possibility we could be tied in first place with dodgers if we win take sunscreen it is going to be a bright and warm day high by the end of the game around 70°. tomorrow about the same as today, slightly cooler, possibly warmer next monday and tuesday. busy morning in terms of accidents. new injury crash just reported within this last few minutes. we took our emeryville camera and turned it towards berkeley westbound 80 near it emergency crews just an -- just arrived, motorcycle down, air bags

deployed one car. it looks like it is on the shoulder. hopefully, we won see a delay develop westbound 80 at university and berkeley where things slow down. we've been following this big rig fire in oakland, north 880 on the market street off-ramp, off-ramp obvious -- open look for closures on market and 6th. bay bridge toll only mineover wait for some of the cash-paying lanes. 5:55. judge orders samsung to stop selling lax tablet in the u.s.. >> jane king has that and more. >> if you had your eye on a galaxy tablet you may be out of luck judge ordering samsung to halt u.s. sales while a cord considers apple's claim it is an illegal copy of the ipad. big trial questioned scheduled to start next month. stock stone -- stockton,

california about to become the largest city to file for bankruptcy. it plans to file for chapter 9 bankruptcy protect from creditors it was hit hard when the housing bubble burst. stocks rebounding from two week lows after home prices were stabilizing concern about europe's debt problems limited gains. human testing on possible aids vaccine scheduled to start in the next two years, using a sharp liver oil booster to stimulate immunity. if it works it would be the world's first effective vaccine against aids which has kill at least 30 million people. at the new york stock exchange, i'm jane king with the bloomberg business report. now 5:56. bet you never thought you would hear this. coffee, the heart healthy food, at least that's the shun from a new study by the american heart association. the study finds drinking two eight ounce cups per day can reduce a person's chance of developing heart disease by

11%. the study authors say coffee may lower the risk for diabetes which can contribute to cardiac failure. the study warns drinking four cups per day can reduce protection and five cups could be harmful. three cups maybe some wiggle room. >> between to three maybe the magic number. >> yeah. >> three is questionable. >> i'm going to cut you off. next, we'll check in with frances dinglasan in the traffic center for an update on that big rig fire near 88 know oakland. testimony resumes this morning in the trial of a man charged with beating a los gatos priest. the court ruling making the man's defense more challenging. >> the move towards