manufacturing, where it's manufactured and how possibly it got to san francisco. >> so this good-sized shell was dug up at third and mariposa. and no danger, a bit of a mystery how the shell got here. reporting from channel, abc 7 news. >> the san francisco bicyclist accused of running over and killing an elderly pedestrian was back in court. the 36-year-old charged with felony vehicular manslaughter. the district attorney says he was speeding and made no attempt to stop when he then struck the 71-year-old. today the prosecutor rejected a request by lawyers to condemn him from appearing in court. >> thisok is a an innocent man no longer with us.

and he should be at every court appearance for something this serious. >> and there is no word yet on what punishment he could face. >> the union city man accused of running into a mother and child in a stroller went before a judge today to set a preliminary hearing this, is surveillance video of the moment when the 21-year-old lost control his vehicle. you can see him speeding then smashing a traffic signal, barely missing a child on a trycycle. he says -- faces felony charges. >> we learned today accused gunman in the colorado movie theater massacre was seeking psychiatric treatment. according to the defense attorneys a package warning of an attack received by the university of colorado this week was communications between the suspect and his school psychiatrist. defense lawyers asked the judge to keep the information contained in that package from

becoming public arguing it's private medical information. >> we know the identity of the man who died in a san francisco apartment fire this week. the medical examiner's office says the 78-year-old roosevelt watts lost his life. the fire broke out on cleary court wednesday, two other residents suffered smoke inhalation and they're expected to recover. the cause of the fire remains under investigation. >> danville police looking for two suspects in a lottery scam.i] the suspects claim to be illegal immigrants who needed help to claim the prize. police say the suspects ask the victim to withdraw money to give in exchange for the ticket after given the money they took off. >> the world's largest church has a new leader in san francisco. and abc news joins us now with more on who he is. leanne? >> the new archbishop came from across the bay, oakland,

he served as a bishop there. this is an important promotion because he will be the religious leader of more than half a million catholics in three counties. san francisco, san mateo and marin and will oversee diocese in salt lake city, and reno. he's from san diego. his father born here in san francisco. and he says there are many talented -- challenges ahead. he's a supporter of proposition 8 and under his influence several catholic organizations helped finance that proposition. when asked about the stance on same-sex marriage, well, he was very adammant, no surprise there saying that should only be between a man and woman. >> that tells me both are important. not just to manufacture the baby but important in the life of that child. child needs influence of of a

father that only a man could give as a mother w out that, something is missing that the child need autos every child deserves loving parents. we know that that doesn't have to do with the sex of the paernts but their ability to love and care for a child. >> that is a mother raising a little girl with her child. he said he supports immigration reform and he is 56 years old and the outgoing archbishop reached age 75. the catholic church does not allow anyone to serve past that age. this will take months, perhaps a year before a new bishop is appointed in oakland. i can tell you he willxd be influential in that decision.ñi >> and thank you, leanne. there is breaking news in a busy intersection in the mission district, closed because of a water main leak.

crews trying to cap a valve that began leaking this afternoon in 22 and gurero streets. a spokesperson says that traffic will continue soon. a huge problem last night in san francisco castro neighborhood. a suspected drunk driver crashing into a fire hydrant, unleashing a geyser that spewed water several feet into the air. and that is about 2:00 this morning. they did cap it. and residents in the area never completely lost water. >> wow. >> food fight. trucks versus restaurants. the trucks have come out on top. and there is a group of nine restaurants challenging it's permit.

and and off the grid argued and it's set to return in a week or so. >> if you're near gilroy this weekend, just follow aroma to tplá this, year it's the home of som7i thieves. the 34th annual garlic festival will be held in gilroy. and we're live where the organizers are looking for stolen tickets. >> they were taken away. there is more from those people but everybody is buying them here this, is a big deal. 34th year for thchl the gilroy garlic festival. this is the garlic capitol of the world. all of the volunteers in gourmet alley stirring pounds of butter, tons of pasta. beef, scampi. during 33 years have used 78

tons of fresh california garlic. that is what this whole thing is about. >> there is different charities. people leaving for the weekend to get out of town for working. there are 4,000 volunteers working to-to-put on this party. >> this is the chair toy ti to benefit so. >> how do you avoid sinking your eye brows? >> you don't. you let it good, then come here and know three days you'll be trimmed up. all get all of the hairs burned off. >> the charities could be burned by crime. a thousand tickets were stolen and have been showing up on ebay. one report has a man selling them out of his truck, so far none of the tickets have shown up there are under cover people looking for tickets. we haven't seen any. so we're sure word got out. and people were smart enough maybe not to try to use them.

>> so you can celebrate and eelt the sweet treat. you guessed it. garlic ice cream. >> can i get two? >> with garlic. >> let me tell you. it's now almost 10 after 4:00, i had that at 2:00. better take some of this along. there will be 100,000 people here z through sunday, and this 34th annual big event in gilroy. >> thank you. >> you notice there is nobody nearby? >> yes. yes. >> and let's get a look at the forecast. >> and there is a headline. it's going to be really nice. there is a vampire coming near

me or anyone else. let's take a look at the weather. there issclear skies and temperatures mid-50s to low 70s. there is some drizzle near the coast. we start warming up. high temperatures ranging from low to mid 06s on the coast. and upper 80s to near 90s tomorrow, that will be a trend lasting for a while. i'll give you the accu-weather forecast and an update on the garlic vest value. >> still ahead a small change at apple could have big consequence autos if you ever wondered where your cat came, from uc davis can help. >> michael finney still taking your questions and will answer them here live. you can contact michael on twitter at m finney and

facebook.com/michael finney abc 7. >> this is get away friday. it's going to take time there.ç traffic on the left side of the screen trying to head east. folks on the right easier if making their ways to the peninsula. stay with us. abc 7 news at 4:00 continues right after this.

checking healthy living news could put women at risk for a formsofñr breast cancer that is particularly difficult to treat. a french study hints they are caused by so called

e.r.tumors. the e.r.negative tumor as kt for a quarter of all breast cancer buzz tend to grow faster and not as responsive to hormone based therapy autos there is research indicating yoga helps stroke survivors improve balance. a study looked at patients undergoing treatments. and findings found yoga boosted confidence and reduced a fear of falling and works even if patients had strokes months, or years before beginning yoga. good morning america co-host robin roberts announced she'll take medical leave to undergo a bone marrow transplant. she's been digñi nosed with mda, a blood, bone marrow disease. the team wore golden pinsñi of youngster who's faced serious illness. >> sunshine kids are here with

us, facing all types of illnesses and there is a young man said he had a transplant a year ago and looks fantastic. thank you for your inspiration raigs and example. >> turns out robin's sister is a perfect match and she will donate for the procedure.xdç >> there is a new genetic test that may have pet owners asking who is your pet daddy? there is a test for cats that costs $120 and requires you to snend a cheek swab from your cat. researchers promise the test will determine which of the eight major cat racial groups your feline belongs to as well as placing in one of 29 breeds. there is a link on our web site and i can see it coming soon.jf kitty paternity testing on the

next maury. a rumored change to upcoming apple devices might cause disruption but invest=/%ors are punishing technology companies. >> there is a lot of blood on the floor now. zynga plunging 36% this week and one analyst said he was embarrassed but the outlook. facebook started to go down hill and plunged after a reportñr showingç desell raigsn users. the social network ending the network down 18%, then, net flix plummeting 28% after warning it might not add as many new subscribers and apple closed the week down after

the one bright spot was amazon. it gained almost 8% today and apple'sñi latest acquisition is a clear signal it wants businesses to buy iphones and ip yadzd8. there is a firm known for fingerprint technology. apple has been trying to showñrú businesses they're save from viruses and other threats z digital is proving to be a boost for the financial times. the paper saysokfá it's digital subscribers outnumber print subscribers for vz first time. content behind pay walls to internet companies like google. >> stocks rallied today pushing dow to the third weekly gain. there is the longest streak

and preserve thew3÷úym and elsewhere, apple and samsung dominating the market according to a new report out today by research firm international data corps. samsung sold 50 million smart phones fell. and there is partly because new galaxy phones have come out before the first iphone. and apple blames lower sales on the fact many people are waiting for the newest version of the smart phone but patient fans may be in for an unexpected and frustrating sur vice. sources tell us the phone

could have a smaller redesigned flood making it impossible to connect to current access riz.ym this could have a big impact on thexdñi $1.3 kbrinl a year market. others say the new pods have been a long time coming and will transfer data more quickly. larry, back to you. have a great weekend.fá >> nice, clear skies out there. >> and this is getting clearer. there is certainly going to see a big warm up. there is our marine layer. there are low clouds inland. here is a look at live doppler

7 hd. there isñr some clear spotsñr during the day. 84 in livermore. so there is inland east bay still warm.p thereç is fog moving inland tonight. warming trend begins tomorrow. warming pattern holdsxdñm throuh next week. there+i is a little area of circulation near the coast.bñi is coastal clouds.ç bay inland and there may be drizzle again. looking for lows into mid-50s and therexú%sçekozw3÷úxdymw3héo

mid-80s. and we'll see 75 on the peninsula andñi÷ú 76çzvc in pad downtown san francisco, warming up to 68 tomorrow. there is÷ú highs mainly 80s, mid to÷ú upper 80s. there is near east bay highs, 71 berkeley. and there isç inland east bayv: heatingmy÷ú up.myjdñ0@3 there is 90 in brentwood. 80s inland andr> gilroy garlic festival kicks off tomorrow, looking for mainly sunny skies and there is 74 degrees by noon. mid-70s by 7:00 p.m. there is the accu-weather forecast. inland highs topping out atç9-0

degrees by sunday, into low 90s monday through friday. upper 70s to about÷úñi 80sq on e bay. mid-60s along the coastline. a week of nice warm weather with no excessive heat or extreme autos there is summer temperatures. >> that is right. yes. yes. and there is a typicalç summer pattern. >> a judge steps in in a farm dispute forming around michael jackson's children. >> and why in a ma donna is facing backlash from angry fans over her latest concert in paris. >> and a boy injured while a tree fell on his leg autos and thanking everybody to help raise thousands of bay area foster kids.

you can make a difference, too. just hike us on facebook.com and $1 will be donated to sleep train dream campaign.

a live update on breaking news in the mission district this, is the intersection of

22 nd skppbd gurero. crews have been working to fix a water valve leaking and causing street flooding. looks like things are fixed and ready to go. >> not much of a back up. >> there a judge ordered an investigation into well being of michael jackson's three children this after two weeks of turmoil including a driveway dispute between relatives and apparent disappearance of a certain 8 to-year-old grandmother for a week. earlier today catherine jackson agreed to allow another relative, tj jackson to become co-guardian of the children. >> there is major news today involving madonna and lady gaga. one got booed and the other announced a career move. >> latest on a dancing with the stars all star cast. >> this cast was afounsed

today and here they are. and emett smith. final spot will be up to fan who's can vote at abc.com. and this show preem years september 24th. madonna facing hard backlash after performing 45 minutes last night then left the stage. here is you tube video. fans started booing and yelling "refund". earlier this month she was criticized for nons another concert, she showed a french politician with a swastika on her forehead. >> lady gaga announced she filmed her first movie role. mel gibson and amber heard also star. for more news go to otrc.com.

>> and just ahead a herible discover fully a bag of candy in the south bay ai. three inch homemade looking blade found in a sealed bag of jolly rancher autos the mayor steps into a controversy surrounding chick-fil-a. >> and a glimpse of things still to come on the bay bridge what. you could be seeing as you drive across the span

take a look at this. a woman made a discover rein a bag of candy. >> that is an old, rusty razor blade mixed in with a bag of jolly ranchers. >> we're at the safeway where she bought the candy. manufacturer hasn't issued a recall, it's still on shelves amy says she was shocked by what she found in this crunch and chew kand candy bag. >> i ate two pieces went back in and pulled this right out b and as in disbelief. >> what was inside was a dull, rusty blade partially wrapped

in white tape. she contacted the police and hershey company. >> shev:xd offered me three bas of candy ace ree placement. i just waf)to know kids are going to be safe. >> the wrapper says the product is manufactured in brazil. we contacted hershey, the company issued a statement reading in part we believe this is an isolated case and accidental. we will be taking the needed aks to prevent this happening in the future. hershey stated food safety is a top priority. amy says before this incident, she never had reason to worry. and hopes finding this object serves as a wake up call to the company. >> that is my point, just making sure they take it seriousry so children don't find this bag and find a knife inside of it amy has a why that is a special concern

for her. a latest budget figures predict the federal deficit will end up at $1.2ñi trilin.ç today the president signed a act that offers military training and support against potential threats in the middle east. >> what this does is bring together all of the outstanding cooperationu! that we've seen. really unprecedented level. that is between our two&#ç countries. >> and the president also announced u.s. will give $70 million for the program aimed at preventing strike autos republican presidential candidate mitt romney heads to israel. today had to walk to meet the irish prime minister when heavy traffic snarled his motorcade. he questioned whether london was prepared to handle lodge

jeftics of the olympics. >> beautiful day. >> and he's on a tour of key u.s. allies trying to boost credentials. after israel mr. romney plans to head to poland. >> sudan is denying reports an olympic runner has applied for asylum. maintaining a male olympian requesting asylum. tem disclosekçç but sudan only has two male00 meter runners. and it appears ishmaeul is carrying the flag. >> michelle obama broughtp, her fitness campaign to london. they joined to urge children to exercise.

and there is this demonstration ahead of the opening ceremonies for olympics. and she's encouraging people to throwfá their own parties this weekend. >> stay with us for all of the latestz2o olympd ruy on television, we'll announce a spoiler alert. if you don't want to know you'll have time to turn away. and there is results posted but you'll have to click a link to see them. you can find us on facebook.com and follow us on twitter. abc 7 news bay area. you can go to abc 7 news.com. >> and you know the bay area is a great place to live. it appears san francisco is not as cool as people may think. ]!y hou,

anything for houston, you can contact me on twitter.bp,çç and i'll answer questions right here live in just a little bit.é@ >> and houston, we've got a problem because you can't top weather like this, i'll be back with the accu-weather forecast. >> and taking açó look right now at the bay bridge toll plaza. this is an advertisement for fast track. it has people waiting now do not have it. the cars you can see zipping through have got that transponder. the news at 4:00 continues right after this.

it's hard to complain about living in the bay area, but when it comes to city with a high cool factor we have catching up to do. houston texas is the coolest city to live in in the u.s. followed by washington, d.c., los angeles, and seattle. those round out top five cities. oakland, 16th. here is how forbes ranked cities. based on ethnic diversity, and perhaps the key, affordibility for young professionals. >>u! we're not high on affordibility. >> there is a warning for driver who's may northbound the city this sunday. expect road closures in the mirathon. the race starts and ends near

the ferry building. and full course goes over golden gate bridge and through golden gate park before returning to the bay. embarcadero closed at midnight they shut it down near the starting line. street signs have been set up telling the public about these closures and muni will have to reroute bus line autos for several nights bay bridge drivers will get a glimpse of things still to come. last night caltrans lit-9ç 24f new lights on the completed skyway back. and caltrans will be testing those on and off for several nights. they were designed for the bridge which ended in pure white light to eliminate traffic lanes. skyway scheduled to open labor day, 2013. >> shining light of weather is here. >> there is sunshine and there is a look, a time lapse view thi$v afternoon.

and we're looking towards northwest what. a beautiful sky. conditions and nationwide, hot again. there is a temperatures in many locations. we'll have a warm to hot day in spots there are highs 93 in chico. 110 in palm springs. highs mid to upper 80s up to 82 in vallejo. there is 80s in the south bay. to the south, sunny skies near monterey bay. highs into low to mid-70s from watsonville to santa cruz. low to mid-80s from gilroy. there is 84 in morgan hill.

going to be a superb weekend and going to warm up a lot. it won't be excessively hot. >> still to come, san francisco mayor steps into the controversy surrounding chick-fil-a. what he said about keeping the restaurant out of the bay area. >> when is a first class seat no longer? coming up. >> also ahead a smoking or rang tang -- orangutan forced to a desert island.

here is a look at searches. first, opening ceremonies at olympic games taking place today in london. the owner's anti-gay comments and there is a you tube lip sync of the song "call me maybe". >> the chick-fily.-a controversial is turning a political act into eating a chicken sandwich. completion in walnut creek and san jose. and they want to open in mountain view. >> there is wayne freedman live with the story for us. wayne? >> there is about 60 employees

around me. it's the only one open now and they just want to work. in this chick-fil-a, everyone came to eat. >> any time you're with anyone, you shouldn't talk about politics or religion. >> that is more difficult since the chick-fil-a president signed in on the subject of smaechl. >> i think we're inviting god's judgment on the nation when we shake our fist and say we know better than you as to what constitutes a marriage. >> in the united states of america those are devicive words and perhaps oppotune words as well, san francisco mayor ed lee chimed in with this tweet, quoteym, they're 40 miles away and i strongly recommend they try not to come any closer, end quote.

today there was more from new york mayor bloomberg on his weekly÷ú radio program. >> where government is too big is when they start to tramplefá on people's freedoms on trampling on freedom to marry whoever you want is the same as trampling on freedom to open a store. there is a lot ofd8 customers saying when they eatñi chicken please leave the politics on the side. >> you're not going to protest? >> absolutely not. i'm going to eat hereñ today. >> the company has issued staims saying it treats everyone with honor and respect and there is a good reason y turns out the vice president in charge of public real heations dieded this morning of a heart tack. he had been with the company

live in fairfield wayne freedman abcko 7 news.my  coming to the bay area. san francisco mayor ed lee welcomedzv uniglow. company plans to hire employees and will be located on powell near union square. this will be the second store in the u.s.. a new york store opened last year. >> michael finney is here answering questions and we'll start with more of w who asks why does the dmv refuse to accept payments of auto renewal in advance of the date in person. >> they're not allowed to by law to take one penny from you more than 75 days in advance.i] so you can pay in advance but

not by much. there it s they can't do it if they wanted to. >> there is another one for you. wants to know is there a california law that gas stations must provide free water and compressed air to customers?. to paid customers. you just can't say give me water and air. they don't have to do it then. if youç buy gasoline they have to give you free water and air if availability. you go over and it says put a quarter n walk in and say i want the change and they'll have a shrug for you. to put in. >> and you can get money back? >> well, don't put it the quarter, say hey, i want some air. give me a slug. >> a lot of them ask÷ú flip a switch now. >> a lot of times they do that. >> i have a lot of flat tires.ñi >> youç have experience with this. >> and akai asks an airline

assigned me to a seat three minutes. after being settled in the seat i wast(zv kickedg# out of e seat and moved to economy when another customer willing to pay the full fare arrived. what are my rights? >> let me start by saying i could wo kill to spend even y> hopefully they've got a drink or something in their hands. /asñ something like thatwoy haps to youçó ask to bexd compensate. say look. look.y. and makelp a fuss. >> but notfá if theyxd ahesrest you. >> right. right. >> and good idea.@

>> and all right. indonesiaxd a 13-year-old or yang tang is staying on a deserted island to kick her spoking -- smoking habit. she picked up a love of smoking for people who threw cigarettes at her at the zoo. she copied visitors and though the thought it's funny.e1 her maleç companion was moved with her, officials say tori's new home has grass and tree that's better mimic an or yang tang's natural environment. i guess they opted for÷ú that opposed to the patch. >> maybe they gave her the patch then sent her to the island to withdraw easily. >> and next on abc 7ym+ newst "dancing with the stars". the cast has been announced but there is a twist involving fans.zv catherineb jackson got from the man convicted ofzv killing her

there is a live look at mcarthur maze from ourfo1 camer. qryville. you can see there is traffic heading left to right towardsç berkeleyym andymko into the maze it's a complete mess. and those headed to!/e 580 back into the east bay. >> and entertainment news, cast of new season of "dancing with the stars" has been announced and all of the cast members should look familiar to you. they0"t all previous contestants. if your favor vit not on the list hang on. that could change. tos7hyick up heels again. for all stars.t(

theb. membersçó include best of o best from years past.ym winnersok drew lachey, and shaun johnson, and emmitt smith. nervous, he's the front runner right away. >> good afternoon america spoke to kirstie alley over the phone. >> i'm crazy. i just heard awe nouns the cast and there is so many great dancers. and hitting hardwood bristolçó palin and joey pat yon. and the return of pamela andersonson andp erin$x carter says it comes down to who cj% >> it comes down to respect ú and ng things to seriously.

the competition heats up with all starsym premiersxd september 24th on abc.ym >> wonder if carsonç presley can get a lot of votes. try to vote him on to the show. september 24thoç on4ñ abc÷út( . >> thanks for joining us for abc 7 newsxd at 4:00xd and therç is[ our new cool alarm clock app. and there is bay bay area headlines. and now, abc 7 news at 5:00. >> newsf'ú doctors delivered today that could crush the spirit of a local boyzv badlye1 injured when a." tree fell on his campsite.t( >> there isb. some consomeation

for fwheemz lost lost loved ones in the san bruno pipeline zaft yefr.zv >> good evening, i'm dan ashley. >> two families who lost loved ones in the pipeline explosion have settled with pg&e. >> and these are among a few hundred. abcn"ñ(ymñ 7ñi÷úç news reportse small consoleation. .zt andñ her 14-year-old daughter wereç'ykilled. down the block members of the family also never made it out of their house. yesterday, their family members settled civil lawsuits for undisclosed sum autos these are people families we support in the community. we're glad that they're getting through this.

and they're going to be okay. they've got support they need. and no amount of money is going to happen. >>xd and they also have a suit against pg&e. he says depositions and evaluations are challenging and painful.ç >> they're trying to say your emotional trauma is cause bid something else than this massive fireball that you and your children ran from. >> of 400 civil cases, 50 are settled with the rest going to trial if not settled by october. case asks have severalç more to work/n case asks have severalç more to our goal has been bork working through matters quickly and fairly as possible. >> ,i7 judge saying it's the court's desire that there is nothing remaining to go to trial on october 9th.i]

and he hopes the truth comes out and pg&e is penalized. >> and well, terrible news about the boyvz$2rt by a fallen tree. the 12-year-old camping when the tree came down onto the tent. tonight we've learned he will survive but perhaps never be the same. abc 7 news is live where the boy is being treated and there is surgery right now?g his name is zachary. he's been here since wednesday when the accident happened in a park. we have been told the family says in the near future he's going to have to haveñr his right leg amputated. zachary row suffered a crushed pelvis and has been in surgery all