anything that it's reasons happen more so than guys are tired or... competition you're facing there. you know? every year is different this, year, starters having a tougher time getting into the game. >> we can't get ourselves behind the 8 ball so po-to-speak again like last time. trying to fight back on the road again. wondering is... tremendous we did it once. i think it would be asking a lot to do it again. >> there is a sense of urgency here, when you lose you go home. so... i mean i'm sure hunter will remind us today before the game but... i think we all kind of know. >> it's going to be ryan voguelsong tonight and you have more games to win, but you've got to win four out of your next five that. is tough to do.

i'm mike shumann abc news. >> wine freedman has highlights fans can expect at tonight's game. wayne? >> we've been here all day. it's been interesting to watch this place come to life from sleepy downtown san frn this morning to the place that it is tonight. vibrant. the center of the city and nation. some fans began arriving at 10:00 this morning zwrouft get a sense of the area. but the countdown began past two. giants took the field looking loose and business-like. fans can only hope to hit the ball as well tonight as they did here, we're just minutes from game time. no word as who will throw out the first pitch. they're keeping this a secret. we know who sang the national anthem. it's a familiar face. third base coach tim flannery joined bob weir from the grateful dead. he sings in his own rock band. he told us a short time ago he

thinks this is taken seriously. >> i pray about this. i hope to do my best. i'm going to do my best. i was wungs told by an irish producer it's either believable or not believable. whatever happens toon on the field or behind the microphone is going to be believable. i can promise you that. >> the way he said that he must -- he's an honorary member of the grateful dead right there, just the way he said it. fans beginning to warm up there. is a qhorks will be singing "america the beautiful" tonight? that is still to be determined. lenny williams from tower of power singing "america the beautiful" later on. not only will the game be entertaining but people entertaining us will be entertaining. reporting live from just outside at and t park, abc 7 news. >> thank you very much. giants fans are e mailing us

proof of their pride this, fan was, has one kid, a kid section at at and t park. just a one-man kid section. we love this shot. that is a father helping his baby boy show off his first cap. it almost fits. giants also have a lot of four-legged fans including this serious-looking dog. end of the game. you can e mail us your fan photos. we'd love to get them on the air. there is a schedule, game three in st. louis wednesday at 1:07 p.m. pacific time. game four in st. louis thursday at 5:07 p.m. >> we have to switch gears. there is an update on breaking news we first brought you at 4:00. oakland police just walked away from a search for a hoax side suspect in west oakland. sky 7 captured these images of

s.w.a.t. officers zeroing in on a home on 21 street. investigators believe the suspect then n.a recent kill was hiding inside of the home. officers stormed the house. however, a search reveal nod one was inside and the scene has now been cleared. >> antioch police want to kind a person who opened fire on a driver in a violent case of road rage. the trouble started this morning at delta fair boulevard and somersville road. detectives say the passenger got out and challenged the driver of another car to a fight at auto center drive and mahogany drive. the passenger then shot the driver. the driver is expected to survive. the shooter and another person drove from the scene. >> reinstated san francisco sheriff mirkarimi says he wants to bury the hatchet. this was the first full day on the job after a battle to remain as sheriff. mark matthews is live at city

hall. mark, those who would like to see him recalled from office. >> ross mirkarimi didn't always say the right thing in that fight to keep his job. you'll remember he called arm bruising with his wife a private matter, today he was careful not to defend what he d woe like to put it behind him. sheriff mirkarimi still working on learning the job and eager to put the long political battle to rest. >> i'll continue to eat as much humble pie i think one, that i want to eat z continue to pro fess and demonstrate that i'll be the sheriff people elected me to be. >> supervisors eric mar introduced domestic violence legislation they plan to bring before the board it asks for women for employees to have materials about domestic violence.

>> i asked if he would support a recall of the sheriff. he he qif indicated but cohen said she could would support a recall but won't lead it it would ache take away under tones that are plitly motivated. >> i'm not to comment on recalls. people want to talk about that. they can talk bit. i have to run city government. >> for his part sheriff mirkarimi would like to move past what has to be the rockiest start in the history of the san francisco sheriff's kecht. >> i do believe san francisco needs to elevate response to eradicating domestic violence and violence of all kinds. >> the sheriff said woe like to be part of the solution. how much of a part will depend on how well he can mend fences here at city hall. a computer belonging to a union city on trial for a murder of a understanding student shows she spent time

searching for ways to harm someone. today an expert with the fbi testified that when examining the computer she found hundreds of searches for michelle li's name and ways of inducing a heart attack without leaving a trace and how to follow someone without being caught. her attorney says the client snapped and did not plan to kill li last may. >> a husband and wife expected in the murder of a retired schoolteacher will find out if they're going to be exindicted to california or face charges in seattle first them were arrested last week after a chase. authorities say the couple was driving suzy ko's stolen car, ko found murdered october 5th. a funeral will be held in st. patrick's church in rodeo on friday. a teenager accused of stealing a tv chef's lamb genie and shoot agent two people will have to stand dril.

-- trial. a judge determined there was enough evidence to try max wade on various charges including attempted murder and possessing stolen property. police say he stole the $200,000 car so he can impress a girl after she rejected him he is accused at shooting at a car with the girl and her boyfriend in the car. >> the finding has nothing to do with guilt or inshuns of the client. simply finding the case can go forward to the next stage. >> the judge dea.accused wade of trying to pull a loaded weapon on detectives. >> president barack obama and mitt romney off the campaign trail today, preparing for tomorrow's debate. michelle obama filed her absentee ballot. the president will send his in 10 days from now. vice presidential candidate paul ryan served up barbecue to people in cincinnati. ohio going to be one of the key states in deciding who

becomes president. >> president take ofz in a poll about trust. abc news asked who they would rather leave their child with. 46% said barack obama. 36%, mitt romney. analyst say hez reserved demeanor may be the reason for that increase. >> abc 7 will carry the second presidential debate live tomorrow night start agent 6:00 right here on abc 7. >> coming up a lawmaker explains how the outcome of the election could spell trouble for food banks here and across the country. >> from michael finney alarming rate seafood is being mislabeled and the dangers it presents, especially to pregnant women. >> live from the roof of abc 7 news there r -- we have a fall like warm up coming.

wait until you can see the temperatures coming up. >> battle of the sexes comes to texting. which gender is better at using different emoticon facial expressions on their smart phone. it might

congress woman barbara lee is hoping the election will have a major impact on food banks. for the first time since the end of july, and saying mitt romney's proposed budget would cut another $15 billion from already struggling programs.. >> it's deplorable some in congress, unfortunately are waging war on the poor, the

working poor, low income people. people just struggling to get by until we create jobs. >> 130,000 people rely on the community food bank network of pantries and food kitchens. >> political analysts say a state ballot measure requiring labeling of genetically altered food is following a blitz. they say consumers will end up paying for what they call unnecessary, confusing government regulation of owed mod fied foods they claim are not different from other foods.. >> labels should give information they can use to make smart decisions at the grocery store, not to scare them into thinking a product is bad for them, or harmful. >> we're taking part in a gigantic experiment with the food. we don't know the long term affect. some of us might choose to avoid it. we must have labeling.

>> prop 37 requires genetically modified tomatoes, corn and soif weans be labeled. >> there are growing concerns tonight that we're not always getting what we pay for when it comes to seafood. >> yes. michael finney has an update on the ongoing story. >> yes. i reportedthon thing for years and years. it's an issue that we told you often b but now there is a call from california junior senator for federal regulators to get involved in a big way. senator boxer says seafood is being mislabeled and sold to son comers at an larmingly high rate. she found 55% of the seafood tested in los angeles and or yank counties were mislabeled. saying this is particularly dangerous to press preg nant women trying to limit exposure to certain metals found in fish. and of course others that have serious allergies.

boxer wrote in a letter to the fda consumers should not have to question the safety of the seafood. she called for stricter enforcement. the list of recalled peanut products lifrked to 35 illnesses in 19 states now has extended to 400 different products. authorities say all recalled yimts traced fwook a single plant in new mexico. they were sold these products at trader joe's whole foods, walmart, kroger, targ skbrit costco they say be tainted with salmonella. and fda is warning not to eat item as associated with sunland. go to abc 7 news.com and look at the 7 on your side page. >> amazon customers who bought the kindel are getting great news. amazon is telling them they'll likely be getting money back on prior electronic purchases in part because of a pending settlement between e book

publishers and the government. state attorneys general accused the companies ever conspiring to fix the price of the e books. the money will be for purchases between april, 2010, and may, 2012. customers will be able to choose between a cash payout or credit. before that can happen courts must approve this. that is not expectedded to happen until february. there are five accused. one is apple. apple and one other publisher has not settled three that have say they want to avoid the cost of a lawsuit. >> thank you. >> sure. >> a new study out of rice yufrd finds women use emoticons but men have a broader emoticon vo cab back to you larry. they're the little graphic symbols to describe how you're feeling. michael finney uses them all the time. >> he does not.

>> showing only.2% of the messages contained them, 74 different ones were used. >> happy, sad, very happy? accounting for 70% of the use. >> i'm very happy. why not use one. >> sandhya patel is outside kgo tft v broadcast center for the accu-weather forecast. >> you've got one of the best views of the bay. >> isn't this gorgeous? just take a look. blue skies everywhere. i use very happy emoticon all the time. especially with weather like this. i want to show you it is absolutely gorgeous. as you check out live doppler 7 hd we have sunshine around bait area. fog closing in on point reyes. we'll be watching for that development overnight we'll see what temperatures look like. it's beautiful out here at this hour.

65 degrees. high temperatures inland so far into mid-80s. livermore, fairfield at 82. san jose, 73 degrees 74 oakland. check out santa rosa. 84 degrees. fog returning to the coast tonight. going to be a mild to warm day. we're going to switch from mild to warm tomorrow, warm to hot wednesday and thursday. it's going to feel like summer when you start to see 90s showing up. let's check out our satellite picture now. high pressure still keeping us in a dry pattern. we're going to see changes in weather. we're going to start to notice development of a wind flow that is going to bring warm, dry wind from land back towards ocean. if i can show you you'll see what i'm talking about. goits it's its going to start to warming things uch. there is a cold front staring well north of us. high pressure starts to build in.

warm, dry winds coming towards the coast. that only means one thing. we're bringing warmth to beaches. get ready for beach weather, mid-70s by wednesday and thursday alock the coast. inland areas going to climb into 90s, overnight tonight let me show you your low temperatures. really on the mild side. you'll see firefighters in the 50s and 60s around the region. fog along coast could be fence in spots. you'll have to watch out for that. so please be aware that have and give yourself extra time. there is your high temperatures tomorrow, it's going to be warmer but the cold front gogt north will prevent it from warming up too much. south bay numbers, 80s in san jose. 83 los gatos, milpitas 78 degrees, peninsula we're looking at beautiful weather. lots of sunshine. 78 in palo alto. coastside pacifica 68 degrees. downtown san francisco, it doesn't get better than this.

73 degrees, mild, go up to the north bay now. i'll show what you those numbers will look like. 85 in santa rosa. 83 in vallejo. pretty warm day by october standards. towards east bay, you'll see temperatures will be on the mild side as well. 78 in oakland. bordering warm. 79 in fremont. heading inland temperatures inland will be los to upper 80s, 87 santock. a warm october day. one last stop around the monterey bay. you'll see temperatures down there hit beach weather. 81 santa cruz. the accu-weather forecast, i keep tealing you about this, a warming trend will continue wednesday, thursday. low 90s inland. yes going to feel like summer. mid-70s coastside. we'll see a cooling trend continuing throughout the weekend. thursday is the big day when 49ers will be hoofting seahawks. speaking of who is going to

win? in just three days abc 7 will be giving away $49,000. winner announced october 18th. you can still sent enter through our facebook page. then click win $49,000 button taking you to this form, you can enter all of your details and one lucky person is going to win $49,000. that is a guarantee. good luck to that person. in the meantime, i'm just going to enjoy beautiful weather we have here on the roof live at abc 7 news. >> it's spectacular. >> it is. >> thank you very much. >> sneak peek at what we're going to be talking about in just a moment. still to come warriors show off where they hope to play ball. >> new at 6:00 tonight a local group forms an early warning system for neighborhood tow aways. that is at 6:00.

developing news this evening, secretary of state hillary clinton says she takes full responsible for security breakdowns policedding the deadly assault on the embassy in benghazi. secretary clinton said during an interview that the buck stops with her whit comes to taking the blame. the attack become a lightning rod in the presidential campaign. secretary clinton says president obama and vice president biden are not involved in security zigs decisions of this nature. >> secretary clinton not going to be among those attending a public memorial tomorrow morning in san francisco. his memorial going to be held in the tow runda at san francisco city hall in the afternoon at 4:30 p.m.

senator feinstein is expected to attend. stevens grew up in piedmont graduating from uc berkeley and uc hastings school of law. >> back what could

this thursday is 49ers game day. very exciting day. at 4:00 jerry rice and brent jones join us as abc 7 news presents the 49ers pregunmen show followed by 49ers taking on seattle seahawks. after that, sticking around for after the game. big day on thursday. >> listen to this. golden state warriors showing off a few tour home away from oakland. there is a design of the new arena built on the san francisco water front. architects say they placed it far from sidewalks to preserve views of the bay. the arena set to go up on what is now a parking lot on piers

30 and 32. >> we have opened up a great deal of access of views into oak lntd and berkeley along the water's edge. >> at rena pier will have a sign that hasn't been finalize bud swril a glass exterior. >> spectacular. coming up on abc 7 news at 6:00 tonight a surprise development in the san bruno pipeline explosion. an international heavy weight called to negotiate a punishment for pg&e. >> san francisco will get the glory. tonight the city submits a bid for the super bowl. >> and tonight they all but vanished but they're back. river otters to the bay area. that is coming up at 6:00. >> that is going to do it for us. world news is coming up