damaged and you can see what looks like a fire and foam on the ground, water on the ground. now it's a mop up operation and there are two stations on the corners there. and there is devastating damage as a result. good evening. >> and we have more breaking news from southern california happening now in knots berry farm, this is a wind seeker ride. we're told people are stuck on the ride. i'm hoping that that helicopter shot will pull out. you can see people with their legs dangling in the air. abc 7 news says riders have been stuck in the air for two hours apparently that is the second time this happened this month. and we don't know if there are injuries or any other health

injuries this afternoon and there are pictures that you can see inner workings now. we're waiting to hear what they're going to do to bring riders down. there we go. so we have been watching these folks. they seem to be calm. they're in the air and we're going to continue to follow you this and bring you updates. >> so high in the air, moving on now. an antiwar demonstration three years ago is triggering a fight over constitutional rights. there is a question. should authorities be allowed to put your dna in a data base before you ever have been convicted of a crime. this is a sais so important a news camera is granted permission to shoot today where cameras are not allowed. >> this is a big case that could be decided by the u.s. supreme court.

in 2004, voter as proved collection of dna evidence for people arrested for felonies. and there are 10,000 suspects identified. five years after giving their permission, an woman was arrested and coerced into giving up her dna and never convicted of a crime and never charged. there is march, twine. lilly haskell involved in a scuffle with police during an antiwar demonstration, she's the district attorney throughout the case she was never charged but before released from jail, police told her she had to give up a swab sample of dna or spend more days in jail. >> you're likely to get out tomorrow if you don't refuse, if you refuse, probably will be in until tuesday i that was saturday. >> she's now suing claiming the swab was a violation of her 4th amendment protection.

>> taking genetic issue is a feature. >> and the california law is unconstitutional and an attorney for the state argued it's no more invasive than fingerprinting. >> this is the same information obtained by the state when it develops profile versus when it collects fingerprints. >> the deputy attorney general says it's a search, but several judges appear not to buy that oop i wind up now leaving behind in the custody of the government the details of when medical condition, my parodies. >> the aclu was encouraged by the judge's question. >> surprised i didn't have speeches that i had prepared.

>> he knows this case is a candidate for consideration by the u.s. supreme court. since a san francisco district attorney judge decided the original case if this goes to the consumer report, his brother will recuse himself. and one judge asked are you sure? you want this to be the case that goes to the supreme court? he said yes. it's a good one to decide. the 9th circuit court is recognizing this landmark may tour of the case by agreeing to hear it a second time with an 11 swruj panel and noted a rare exception to the usual rule, our cameras allowed inside. >> this is remarkable, thank you very much. police looking for a person who led them on a chase tonight and a driver crashed into two cars and a van and

sky 7 was overhead as one person was being loaded into an ambulance. and the driver ran from the crash scene, officers have blocked off traffic as they continue searching for that driver. >> and a heated city council meeting in oakland is prompting officials to talk about changing the way those sessions are conducted. there is nick smith live with more. the department has been hit hard with layoffs and cuts to the budget. >> absolutely. you know, new recruits will enter a department with problems. there are hits from all sides, public, federal government and strict budget cuts. the chief says if serving the city of oakland isn't in your dna, don't wear the uniform. >> a statement you should know that we're looking at other measures to take to allow for

the city council to continue moving forward with its business. >> there wasn't much business conducted last night. and the anger and frustration aimed at the leaders was pam pabl. protestors demanded answers about the shooting of an 18-year-old alan blueford, killed in may. the meeting was cut short. >> we need to look at reskin designing how council members will be held. >> exactly how city leaders will do that, they were not prepared to say. the parents of blueford came to the meet being and a report they believe the chief will deliver to them personally. >> there is a request for a demand for the police report and i found surprising. >> howard jordan, named in the lawsuit says he and the department have nothing to

side. >> i said there was my intention, however, talking to investigators i decided not to send that to the courts. and that is what was communication. >> i believe the chief was acting in a way consistent with rules. >> the attorney is representing the family. >> we have filed a lawsuit and expect to get all documents in norm course of he veents this case is a threat of a takeover due to police miscondition duct take over heads of city officials they're quick to point out successes. there is are mug shots and officers have taken 56 owe firearms off of the streets so far this year. >> this is a pace on pack terrorist attack to exceed last year despite challenges. >> there is a number of police officers working has fallen to lowest level in more than 10

years, there are 631 active officers. the class is expected to add 40 to ranks and that won't happen until 2013. >> there is happening a martinez gas station, sky 7 is over head tlchl is a report that three cars were involved in an accident and there is a fire mshl. thank you for taking time to talk with us, what can you tell us about what happened there? >> there is just before 5:30 we received a call for a report of a car on fire. and this is adjacent to a fuel pump. and this is two to three

vehicles in fire along with two pumps. and five units from pleasant hill in martinez responded and the fire brought under control in about 10 minutes. >> and can you tell us how this fire started? is there a handle on that? >> i don't have information with regards to the cause of the fire. it was at the start one vehicle on fire parked ajais yeent so we have heard one report there is an explosion. would have that been the fuel pumps going up? >> there is reports emergency fuel cuttoff switch was activated limiting the flow from underground tanks to the fuel pump. and there is a significant amount of smoke in the area. >> and thank you so much for

taking time to explain what happened. with this incident. >> and we'll keep you up to date. there is a prison riot in what people call a new prison happened in california state prison in folsom. there are 11 inmates ended up in the hospital. >> there is one after another, ambulances arrived in california state prison sacramento. and there is is a level four facility housing dangerous inmates, nobody in administration saw trouble brewing. >> we think it's spontaneous, had is something that caught everybody off guard. >> there is one of three at 11:17 a.m. there is a number undetermined. one was a single gunshot wound

from a correctional officer that fired a warning shot. most suffered stab or slashing wounds. >> there is stabbing type devices. >> inmates hurt were taken to multiple hospitals including uc davis. and there is staff saying many wounds appeared superficial. a single gunshot near the hip and there are investigators trying to determine who started the fighting and how many took part. >> this takes a couple days to figure out. sometimes guys are just trying to get out of the way, not really involved. takes a day or two to figure out who was a victim of wrong place, wrong time. >> there is a lot more to get to at 6:00. >> coming up a death of a south bay priest, was it

murder or suicide? his family pointing a finger al a fellow clergiman. >> our skies are clear but getting cool, breezy outside. we'll take a look in the accu-weather forecast. >> and there is back at 40 years of bart services and the challenge that's lie ahead. i'll have a live report. >> and there is a space shuttle on theway to a spectacular

a family of a priest determined to have committed

suicide i maintain his death was murder. police say he jumped to his death in front of the hall of justice, his brother maintains he was pushed and he had accused another priest of sexually abugsing him both the catholic zeez and jesuit order yir would not comment in this case saying they consider it a losed -- closed legal matter. >> i question whether he was hurled over. he seemed to be motionless. >> and in a strange twist, the family says one of the last people to see him alive was father jerry lindner, the priest attacked by will lynch, accusing lindner of molesting him years ago. >> unsomeone is not right here. i believe that john is on to something. >> and his brother is offering a $5,000 reward for

information in this case. >> there is thousands of high school students demanded numi provide free rides to low income teens in san francisco. and one student portrayed a inspecter threatening a teen of being fined for not having proof of payment. many say they often look for loose change just to have pay muni fair. 75 cents each way, owe, and from school. >> bus is the number one way of students getting ash the city and we should have free buses for students but with cuts affecting schools, one of the first things got cut was transportation. >> city leader as greed n a plan provide free rides to teens in the spring. but the regional transportation commission vetoed this idea. >> and talking mass transit, bart marking 40 years as the back bone of the bay area transit network. there is now admitting it runs

the oldest commuter mail fleet wchl more on where this system has been, laura, where it's headed. >> that is right. the system started, bart was america's first commuter train system run by a computer, since then, it's grown but there have been challenges. >> after more than 20 years of planning and construction, the first bart trains rolled out of bay area stations in september, 1972. >> i think we looked at bart like an e ticket at disney. >> there are supervisors worked for bart from the beginning. >> we thought wow, you can take a train. >> and more than 100,000 people rode the opening 28 mile segment from fremont to

oakland. >> there is just excitement. they don't know where to look. you know? left. right. and you can see everything, it's wonderful. >> bart was the brain child of business leaders worrying growth could produce too much congestion on the bay bridge. ground was broken in 1964. 1966 the giant steel sections were to makeup the trance bay tube were in the bay. cities throughout the area were carved tout make room for the track. >> construction was around the bay area because let's face it, streets were torn up. >> and there are 669 cars, taking 400,000 riders on a dale ease base yiis. some are still in service. replacing them and upgrading the system, keeping it

affordable for those who demend on it. >> there is service never higher we want to meet demand with cars and service. and this is with enthusiasm. >> and bart wants to get riders involved in the 40th celebration and there is giving away ice cream and free rides and there is an opportunity for a thousand folks to receive free $40 bart tickets. that is information on our web site. ask in oakland abc 7 news. >> laura, thank you very much. >> and congratulations to bart on 40 years. >> and nice day out there. breezy now. >> that is right. >> there is breezy, cooler near the coast there is a live

shot, you can see trees in the wind there. there is clear skies we do have low clouds and fog off shore and there is some rather impressive readings and 60s and 70s inland. looking at winds there are gusts at 28 miles per hour and so there is a wind chill, there is a brief warming friday, it's a final day of summer, overnight tonight, low clouds, fog pushing beyond the coast locally inland there are low 50s and mid-40s in spots.

there is our satellite image showing there is a controlling factor is this upper level low contributing to the cooler than average temperatures that we're experiencing now. this will drop back down southeast over the bay area, bringing us cooler than average weekend after brief warm up on friday. there are highs into low 70s, 71 san jose and cupertino. we'll see sunny skies tomorrow, and there are highs into upper 60s to around 70s. there is upper 50s to 60s on the coast. sunset district san ra fran a high of 60 tomorrow, 63 degrees downtown. north bay highs into 70s, mid-70s and there is low to mid-80s farther north. east bay, 67 and 70, union

city. there is inland east bay warming up and we'll top out at 63 in brentwood and highs 67 in watsonville, 72 in santa cruz. there is the accu-weather forecast. there is cool weather continuing tomorrow, we'll warm up to mid-80s inland friday and saturday. saturday is the first day of fall. low to mid-70s around the bay. low 60s on the coast. cooling down sunday and there is a second day of fall, feeling faum-like. there are 60s around the bay. dry weather is ahead. >> thank you. >> and there is a a

mountain view police are concerned the bay area fly over friday might cause a traffic jam. and endeavor is making a final voyage here, today atop a 747 passing low over houston,

texas. and there is where it is going to be housed permanently at the california science center in los angeles. astronaut mark kelly asked for a special fly by of tucson, arizona on the way here for his wife, the wounded congress woman, gabrielle giffords can see it one more time. >> hundreds cheered the shuttle arrival in houston, and in mountain view, police estimate 8,000 people will try to see it on friday, and they encourage to take mass transit or carpool. nasa says it's reached its cap on parking passes. >> and friday morning is going to be flown to the state capitol in sacramento and going to make a pass over the east bay starting in hayward at about 8:30 in the morning then going to circle the golden gate bridge skb do a low pass fly by over nasa ames

research center whereas nauts were trained to pilot that shuttle. >> bay area air pass has been closed for the fly overbut we think and hope to be able to get you good shots. so tune in friday. >> we hope fog will cooperate. >> and still to come tonight here on abc 7 news, a deadly chemical nound a common staple of the diet. we're going to have a recommendation whether to continue eating it tonight mitt romney continues to defend his hidden camera comments in a fund-raiser, what he said today some may find almost as shocking. >> and billions spent repairing our broken iphones and the number one way most people damage them. >> stay with us. more still to come.

now back to breaking news over the scene of a huge gas station fire in martinez. crews are still cleaning up. >> there is a big mess there. the fire erupted this morning and crews found three cars and two fuel pumps on fire and there is where it happened.

firefighters brought it under control in just 10 minutes. you can see how much damage there is. >> the switch was activated and this might have a lot worse. and amazingly there are no reports of injuris. >> republican presidential nominee mitt romney told reporters as supporters and a fund-raiser that poor and middle class americans would be better off if he were president. >> the question of the campaign is not who cares about the poor and middle class. i do. he does. the question is... who can help the poor and middle class? i can. he can't. he has proven it in four years. >> and this is two days after the video showing up telling donors 47% of americans don't pay taxes think the say are victims and think government

should take care of them. the comments are causing problems for romney within his party. three republicans have rebuked his comments including incumbent scott brown of massachusetts and dean heller of nevada. >> we want to update you on a 7 on your side investigation. verdicts in for three men in a real estate fraud case that is sounding like a movie. a jury found jay shaw guilty of all 13 felony counts of conspiring to steal three condos from right under the nose of real estate executive shirley wong. plees prosecutors say shaw forged documents to transfer properties at one rincon hill to a shell corporation, then took out lone loans on the property. shaw's attorney had no comment. jurors, however, simply said the testimony wasn't believable. >> it just seemed like things were questionable. his demeanor couldn't convince us he was telling the truth in

cases. >> there are two other defendants in the case and an attorney and real estate broker cleared of filing false deeds. a tennis instructor found guilty of six counts. and it is the end of a thee year ethic battle to reclaim the property. >> the verdict speaks for itself. justice prevailed and i can move on with my live. >> and the jury failed to reach a verdict on money laundering. the accused mastermind may never be tried he was found guilty of murder in palm springs. >> the san francisco police want residents to be aware of conartists targeting two spanish speaking women, detectives calling it latin lotto scam. the thief as approach a woman and claim they're not able to

cash in a lottery ticket but also ask the stroim give cash and jewelry as collateral just in case they were run off with winning tickets. oo we believe it's someplace they're targeting victims from immigrant victims from central and south america. they may not know laws in california when it comes to lottery winnings. >> and there is even phony wedding tickets. and the lottery will only verify winning tickets in person. >> and you know about one this three, maybe you, iphone owners have dented, bruised, cracked or shatter that had device within the past year according to new numbers shah show many of us are using broken phones. many are waiting to buy iphone 5 when released on friday. >> mitch wright is a personal

trainer, we've interviewed him before. but this tirj it's more personal. >> this is withholding my broken iphone 4. >> he's a master of coordination, it comes to his iphone he's a klutz you drop it a lot? >> i do. i drop it all the time. >> and apparently so does his co-worker. >> we broke them a couple days apart. >> true. >> and this has been a bonding experience. >> they may be dieties here in the gym but they're two of million who's have dropped their iphone autos square trade has drop testing iphone 4 extensively. now, they've released a study suggesting americans spent $5.9 billion. often, the phones slipped out of their hands, second thing

is falling into water. >> dropped into toilets. swimming pools and sinks. >> saying mississippi is the clemsyest state and where you break your phone there is a chance you haven't gotten it mixed. >> there are people walking with broken devices and there are 6% walking down with tape. >> i keep getting glass on my hands and fingers. this looks koom. >> in the as cool as iphone 5 they're getting in the next few days. square trade says that test is coming up soon. >> and that is a company that will repair your iphone called i crack. they have a network of 300 repair technicians or techs that will also buy your iphone ask redistribute ones that can be fixed or recycle one that's can't.

>> and foshs is out today with its list of the nation's richest people. mixz bill gates is number one on the list. and worth $66 billion, warren buffet, number two, $41 billion, and mark zuckerberg has fallen to number 36. >> and that is still a lot of money. >> yes. >> he will be fine. >> coming up next, the case of >> coming up next, the case of a missing i'll get a build your own burger with something cheesy...

but not just cheese - mac and cheese. then i wanna add some oomph. and... top it off with a little kick. and... napkins. it's build your own burger. now at denny's.

a young musician has been reunited with his cello. >> police say a video went viral and that helped get it back. >> this 23-year-old and his cillo. he got it back this morning. >> i it is valued at $11,000. >> this is devastating and the best course is take the story, go viral witness. >> ta they leasing this video of a couple expected of nabbing the cello. >> two suspects were on video

and they wanered into the area and walked out with this cello. >> there is many of my friends didn't recognize me there. >> they say the case is found about midnight last night. and this is given to ophelia who is in charge of lost and found. >> she's a cello player watching the news. and she saw a story... and put two and two together its been returned and police are looking for the suspect and this is back to practicing at least four hours a day. >> i love it. it's my cello. and there is now a look on the locker. and now, l is a new he dikt

tonight that every storage locker must have a lock. >> thank goodness he got it back. >> coming up next, there is a discovery made by krourts. >> they found arsenic in rice we might be se

well it's election season and it's now easier to register to vote in california rust go online. before, remember, you used to have to fill out paper? starting today, you can fill out the application online and send it off by a computer or smart phone. and don't worry about signing the form that is taken care of. >> there is a system that will allow us to transfer an image to the voter registration application. >> there is a beautiful system. >> and critics say potential for fraud is overwhelming and state officials counted that they will be cross checked with social security and with death records as well.

>> and consumer reports is warning that rice and rice products are testing positive for arsenic. abc 7 news has the story. >> there is a white rice, brown rice, rice cereal but consumer reports tests 32 rices and dozens of products found all contained arsenic. >> inorganic arsenic is a known human carcinogen linked to skin, lung and bladder cancers. >> there are limits for the amount of arsenic allowed but none for rice and other foods. consumer reports investigation found there is often more in brown rice. >> we aren't able to draw conclusions about brands but

shows americans heating rice it's a significant source of arsenic exposure. >> usa rice federation insists there is no documented evidence of actual adverse helicopters from exposure to arsenic in u.s.-grown rice. >> we know that even low levels of arsenic exposure increase risks of cancer ask other problems. we don't want to allow people but do recommend you limit the amount of rice that you eat. >> research shows rinsing thoroughly and cooking it in water as you do with pasta can reduce levels. for babies consumer reports recommends no more than a quarter cup of rice serial per day and substitute with oatmeal, wheat or corn cereal. you're wondering what the source is. some can occur in nature, pesticides were used in agriculture. and most are banned but residues remain in soil there.

is a little allowed to be in pesticides and animal feed. consumer reports groups are kaurling on the government to limit the amount of arsenic in food and ban it in agriculture. >> and fda today said it's data on arsenic is consistent with that of consumer reports publics today nchl a statement fda says our advice is that consumers should eat a balanced diet including grainz including rice. to find out how to limit your exposure read the investigation on abc 7 news.com. >> that is surprising. >> yes. >> let's go back to update the fookt we're looking to take a look how much cooler it was there is 77 today was six degrees cooler than average

and eight degrees cooler here there is 10 to 12 degrees cooler today so summer is winding down here in the bay area there is warmth tomorrow, and 105 in palm springs, 87 in los angeles, will be another sunny, pleasant day. temperatures will be well below average. upper 50s on the coast and 60s, 60s around the bay and there are friday, final day of summer warming up and there is through saturday, first day of fall, temperatures dropping off on sunday will be a cool day. we'll warm up to comfortable levels. >> that is great months for weather. >> it's true. >> thank you very much. >> there is a reminder at 1:00

now on an hour earlier, who wants to be a millionaire son at 2:00 followed by jeopardy. there is "katie" at 3:00. >> stay here, 4ers getting ready for a long road trip. >> there is

join me tonight at 9:00, coming up, passenger description. the airline which hundreds of flights have been cancelled and then at 11:00 it was big news this week. the new gadget can shoot pop corn into the mouth. tonight it is exposed and why it's too good to be true. it's a shame that. and more coming up at 11:00. >> there is a pop nateor diet. and anyway, trouble in the short term and possibly longer for a's. we're all set for a she down tonight between brett anderson

and he was pulled from the game. former pro wrestler milwaukee mauler is an a's fan and there is two runners in the third. there is a two run score same inning watch anderson here there is some pain, straining his right eeb leak and there is when they come running out pulling anderson and now, a's trailing and there is geents playing colorado tonight closer to clinching the west. there are dodgers in washington there is a sack fly this, game devoid of highlights.

brian zimmerman with 3-1 that qlors the number to six games, 49ers will exbark own a longest road trip of the season, then staying over in youngstown, ohio. moving to new york. and there is more now. >> there are athletes that are creatures of hab yismt staying on the east coast for a road game. there is a chance to bond as a team like they did last year. >> there is a great chance to be around each other and have meals. you stayed longer at the meals you know? and there is a different story you didn't know before you had a conversation with them then smrks times, you did at the

facility. >> there are sacrifices and this is a long time to be way from home. >> this is tough to be away from the family. for sure but taking you back to last year there is a good experience, you know? for us. kind of another mini camp. there are 53 guys and there is nothing to do there. and you've practiced and prepared and hang out with each other. thought it's a good thing. >> it's also a chance to get to know each other. and we're a team and a family. you know? any time there is an opportunity to be together and what not we make the most of it. >> there is a better feel for each other. >> and the raiders host steelers and there is concern about nochb existent oakland run attack. and there this had to be better because it can't get worse. if you had darren mcfadden on

the team you're not happy now. >> there is -- i play real football. everybody going to have bad games or something. you have to keep pushing for it. get better. >> there is one arm tackle away from breaking off 50-50 yarder. >> and well, hopefully raiders can get it together. and zone block blocking is where they move as one. if one guy breaks down the whole thing just fall parts. >> which we witnessed right there. >> yes. >> thank you. >> and that is this edition of abc 7 news. >> and for all of us here, thanks for watching. closed captioning services, inc.

this is "jeopardy!" today's contestants are-- a graduate student of nuclear and plasma engineering, originally from wheaton, illinois... a policy and research analyst from chevy chase, maryland... and our returning champion-- an english language tudor originally from east meadow, new york... whose 1-day cash winnings total...