good afternoon, everyone. i'm larry beil. >> i'm cheryl jennings in for ama daetz. the centers for disease control confirmed the first case of ebola diagnosed here in the united states. doctors have isolated the patient at a hospital in dallas, texas. they say he's extremely ill and in intensive care. >> the virus has been mostly confined to west africa where nearly 3,000 people have died from it. the dallas patient was in liberia until september 19th. symptoms did not appear until he returned to the u.s. on

september 24th and was hospitalized a few days later. dallas is one of many hospitals in the u.s. that does have an isolation unit capable of treating ebola. u.s. doctors are working with african authorities to keep that virus from spreading. >> 100% of the individuals getting on planes are screened for fever before they get on the plane and if they have a fever, they are pulled out of the line, assessed for ebola and don't fly unless ebola is ruled out. >> ebola only spreads through bodily fluids after the victim starts to show symptoms, so doctors don't believe that anybody who was on the plane with the victim is at risk. the symptoms include fever, muscle pain, vomiting and bleeding. three medical aid workers who contracted that virus in africa were successfully treated in the united states and have fully recovered. now news in california. the ban on plastic bags now covers much of the bay area and is going statewide with governor brown signing a bill today that bans plastic throughout california. >> abc 7 news reporter sergio

quintana joins us from lafayette, one of the communities that will have to change its ways. sergio? >> reporter: right now, lafayette does not have a city ordinance banning the single use plastic bags although one is currently under consideration. when the ban goes into effect state-wide, customers will still be able to use plastic to keep their vegetables, fruits and meats from leaking, but the single use carry-out bags are not going to be allowed. at the checkout line at diablo foods in lafayette, paper or plastic is a question still asked of their customers, but come next summer, the plastic option will be no more. >> okay. i think that's fine. we have to start doing some of those things but until they become a law, people won't. >> reporter: she always packs her canvas reusable bags but she purchased more than usual today so she used plastic bags. the law takes effect next summer and will extend to convenience stores and smaller businesses

the following summer. opponents of the plastic bag ban say it will cost manufacturing jobs in california and impose unfair costs on consumers. they will be charged ten cents for each reusable bag. within minutes of governor jerry brown signing the bill into law, the american plastic bag alliance vowed to continue fighting. we have taken the necessary steps to gather signatures and qualify referendum to repeal sb-270 on the november 2016 ballot. customers didn't seem too concerned about the coming changes. >> thank you so much. >> it's a good idea. >> reporter: not a big deal? >> not a big deal. >> it's a great idea, a great plan. i'm glad it's enacted. >> reporter: in lafayette, a local ordinance banning plastic bags is currently being considered and public comment is still open on the issue. if enacted before the state ban, it and all other local measures would be grandfathered in. sergio quintana, abc 7 news. a young woman is in custody and two teenaged girls

recovering after a police pursuit that led to a rollover crash. >> police say they attempted to pull over the woman's car near san pablo avenue and church lane around 8:00 last night but she didn't stop. she led police on a short pursuit before losing control and crashing into a median. >> two girls believed to be 16 or 17 were hurt, one of them critically. the 20-year-old woman who was driving was taken into custody for evading police. the family of a 12-year-old novato girl killed while crossing a busy street on her bike has settled its wrongful lawsuit against the city and two other defendants including the driver's employer. haley ratliff was heading home from school and hit by a man who was speeding in a company suv on novato boulevard on september 27, 2012. the family sued, claiming the driver was reckless and that that roadway was dangerous. the family will receive $1.1 million, $800,000 of that coming from the driver's employer. the city has also agreed to evaluate the safety of novato

boulevard. 35-year-old dominique taub is in custody this afternoon. officers say during a search, one homeowner actually invited him into his home and gave him a meal, not knowing that he was a wanted man. it all started about 5:00 yesterday. police responded to reports of a fraudulent bank transaction at the downtown bank of america. they say the suspect ran into a nearby neighborhood. one homeowner said she heard somebody jump a fence and got scared. >> my back door opened. i don't want to say it now but maybe i learned a lesson, you know, because he could have easily gone in and hide. >> police spotted him outside around 10:00 p.m. the homeowner gave him a meal. he was getting ready to drive him to san francisco. police do not believe that resident was intentionally involved. taub is also wanted in oklahoma for a suspected sex crime. another day, another multi million dollar problem with the new bay bridge.

>> today an oversight panel got the results of a $20 million study into whether some fasteners are at risk of cracking or breaking. let's take a look at the eastern span from our emeryville camera. >> abc 7 news reporter wayne freedman joins us from treasure island with today's news. wayne? >> reporter: we have cal trans and cal trans engineers on the hot seat again. they say after that latest study, they have proof that the bridge is going to be safe, that the rods will not break. meantime, we still have the base of the bridge and another issue. a recent revelation that water had seeped into the base, filling holes surrounding rods connecting to the tower. cal trans engineers say they are not worried but at the core of this, yet we have another incident of shoddy construction. >> it's not acceptable. okay? how would you characterize it? workmanship issue, right? >> it's not acceptable. >> we are going to fix it. >> reporter: when you hire someone to put tile in your bathroom, for instance, you

expect a complete job of caulking, too, to keep water from coming in again. today, cal trans addressed 17 rods in the base of that tower that in the best case scenario, were exposed only to rain water during construction and then sat in it for at least one year. >> it's just a small handful of the 424 rods. that, you know, somebody didn't finish their job. >> reporter: did not finish their job on a $6 million plus project. cal trans never noticed the problem until a couple weeks ago? >> well, the concern is long-term corrosion if unaddressed. we are addressing it. you remove the water, you dry them out, grout up the ones that aren't fully grouted and monitor over time to make sure water's not coming back. >> reporter: it sounds simple in the scheme of things but it's not simple to california taxpayers who just paid $25 million more. do you wonder what shoe will drop next? >> this is a safe bridge. >> reporter: and still controversial. on treasure island, wayne freedman, abc 7 news. a construction crew punctured a gas main triggering

a brief evacuation in san jose this afternoon. >> you can see the fumes coming from the ground from sky 7 hd. this happened on shallenberger road and ritter park just after 1:00 this afternoon. >> a nearby building was evacuated but after evaluation, it was decided it was safe for the workers to go back. a lowe's home improvement warehouse had to close for a short time because police shut off the access to that area. the raiders fired dennis allen last night and introduced their interim coach today. tony sparano. allen let go off an 0-4 start and failing to turn around a raiders organization that has been lost for a decade. >> abc 7 sports reporter joins us from raider headquarters. >> reporter: the press conference started 35 minutes later but eventually, the general manager reggie mckenzie introduced his new interim head coach, tony sparano. all right. reggie admitted that he did make a mistake and the team went 4-12 back-to-back years and an 0-4 start, he decided he was going to make a change and let owner

mark davis know. of course, he called dennis allen last night and thanked him for his time. now, sparano is the only coach on this staff with head coaching experience at this level. he took a 1-15 dolphin team in 2007, turned them around to an 11-5 team and won coach of the year. reggie admitted his mistake and tony thinks he can turn this team around. >> -- to win championships here and to win, period. that did not materialize. the way the season began through these first four games, we had to make a change. so that falls on me. >> we have not really sat down and communicated what some of these changes might be but in any situation, that doesn't start well, change needs to be

made. you can't keep doing the same thing over and over and over again and expect a different result. >> reporter: it's a bye week so tony will have two weeks to get this team together. he'll have to get them to buy into his philosophy and it will be interesting to see from there. we will hear from mark davis coming up at 6:00 on abc 7. mike shumann, abc 7 news. a lot of raider fans have been calling for dennis allen's firing. i mean, they want massive change because they are so frustrated. listen to this. sparano now becomes their eighth head coach in 12 years. it's systematic failure for an eternity is what it feels like. how do fans feel? we will find out coming up in another live report on abc 7 news at 5:00. >> start all over again every time. >> repeatedly. yes. >> that's a shame. all right. let's take a look outside. big warmup coming our way. >> here's spencer christian with our accuweather update.

>> it's an understatement to say big warmup. it is going to get really hot and stay hot. live doppler 7 hd, and as you already can tell, we have clear skies from coast to inland. meanwhile, down in southern california in the l.a. area, fire weather watch is in effect until 7:00 p.m. friday in this area from los angeles northward because of dry, hot conditions and we may see some warnings or watches here in the bay area as well over the next few days. right now looking from our rooftop camera on to blue sky. 67 degrees in san francisco. 72 in oakland. mid to upper 70s in san carlos, san jose and morgan hill. 66 in half moon bay. looking at the blue sky over the bay area from this view, current readings right now 82 in santa rosa. 77 napa. low 80s in fairfield, concord and livermore. as you look at blue skies over the golden gate bridge, here's the first forecast. clear and mild tonight, bright and sunny early tomorrow morning and the warmup begins tomorrow with high temperatures in the afternoon ranging from upper 70s

at the coast to 90 inland. that's just the beginning. it's going to get a whole lot hotter. the complete accuweather seven-day forecast in a few minutes. >> spencer, thank you. still ahead, the nfl responds today. what it's saying about a penalty against a player for praying on the field. also -- >> little misty. i don't know. it was a very good ending to a really stressful night. >> this was a single act of kindness that is getting a very big reaction. hear from a grateful restaurant worker and the couple who absolutely made his night. new at 4:30, olympic swimming sensation michael phelps facing charges again. what he's saying about his latest run-in with the law.

an admission today by the nfl that a referee made a mistake when he penalized a kansas city chiefs player for praying after he scored a touchdown last night. >> the safety intercepted a pass against the patriots, ran into the end zone, then knelt and prayed. abdullah, who is a practicing muslim, was penalized 15 yards for unsportsmanlike conduct specifically excessive celebration. >> the penalty touched off a firestorm on social media with a lot of folks wondering how that was different from players who drop to one knee in christian prayer. an nfl spokesman says that penalty was a mistake. this is a big night for bay area baseball fans. the a's will take on the kansas city royals in tonight's a.l. wild card game. fans are sharing their team pride with abc 7 news. check out this little a's fan. also an ice cream fan. keeping cool in richmond and baby logan geared up and ready for tomorrow's wild card game when the giants play the pittsburgh pirates. that game is in pittsburgh. cute. cute.

giants and a's fans, we want to see your team spirit. e-mail us your fan photos. or tweet them to us. this might be the best story of the day. an iowa couple getting a lot of attention today for doing something really unexpected after receiving slow service at a restaurant. the couple tipped 150%. that act of kindness has gone viral after the couple posted their experience on facebook. here's the receipt. they say it took 20 minutes to get water and more than an hour to get their food. but here's what they noticed. their waiter was serving 12 tables and bartending. we have the report from cedar rapids, iowa. >> reporter: mckenzie and steven find themselves looking at their computer a lot lately. >> it's surreal. just with everything kind of going on and everybody's comments. >> i have hundreds of messages. >> reporter: messages from people across the globe, inspired by the couple's kind action to a stranger.

>> i have always said that if i would come into money one day, the first thing i would do is pay it forward. that what's my daughter that passed away 11 months ago from cystic fibrosis would want. >> reporter: paying it forward is where this story started. on saturday the company found themselves frustrated at the sushi restaurant with one overwhelmed waiter. kyle hanson says he walked into a full restaurant at about 5:15 after another server called in with a family emergency. >> it was pretty stressful but what are your options? you can either freak out or just do what needs to be done. >> reporter: the couple, who have both spent a fair amount of time waiting tables, decided it wasn't worth getting upset. >> we just kind of switched our mindset into let's just enjoy dinner. >> reporter: they were sitting here on saturday evening, then at the end of the night when they were done with their meal, they got their bill and they wrote a note on it and left a $100 tip. >> it says we both have been in your shoes. just paying it forward. >> reporter: kyle says now he just wants to say thank you.

>> that was super unexpected and really nice. i mean, it caught me off guard. i expected -- i wasn't expecting that. a little misty, i guess. i don't know. it was a very good ending to a really stressful night. >> reporter: a night and a note that continues to motivate others to pay it forward as it's shared online. >> if we could all just take a step back for one year and realize we could grace the world with a little more kindness and generosity and patience, like the world would be so much a beautiful place if we could all just do that. >> wow. >> that's a great message. when i first saw the story i thought you know, so many people would be griping and angry and frustrated that they didn't get the service but they completely reversed it around. it's a teachable moment for all of us. >> that poor waiter. he got through it somehow with grace. what a night way to end that. let's head outside again. we are in for a hot spell.

>> yeah. let's see if we can get through the next five days with grace. here's a look at live doppler 7 hd. we have clear skies from coast to inland and often this time of year when that happens it means we are about to get one of those early oug autumn warmups. that's what's happening. here are the forecast features. major warmup begins tomorrow. near 100 degrees inland to thursday, friday and saturday and of course, that means increased fire danger. this was today's cloud pattern. this morning we had a few coastal clouds, swept away by the breeze that developed during the afternoon and it's clo's cl the coast right now. here's the satellite image showing the passage of a dry front this morning. the breeze behind the front swept away the clouds opening the door for this big hot air mass to move in. of course, as we have been saying, the warmup begins tomorrow. notice how the winds will shift overnight. this is the wind forecast. notice we have an onshore flow right now but by tomorrow, we will have an offshore flow. by midmorning tomorrow, as a matter of fact.

with the strongest winds being over in the delta area. an offshore flow will bring us the warm air from land to sea and of course, that's going to increase fire danger. these areas in yellow represent the areas with the highest fire risk. we don't have a red flag warning issued yet, not officially, for any part of the bay area but we know fire danger will be increasing over the next several days. overnight, look for clear skies, breezy conditions over the delta. it will be a little milder in some of the inland east bay areas with lows near 60 but many other locations will see lows dropping into the mid to upper 50s. tomorrow, sunny skies, highs ranging from upper 70s at the coast to mid and upper 80s around the bay to upper 80s and near 90 inland. as i said, that's just the beginning. check out the accuweather seven-day forecast. thursday, friday and saturday, inland highs will be in the upper 90s. it would not be surprising to me if a few locations hit 100 on friday and saturday inland. around the bay we will see mid 90s by friday and mid 80s on the coast. we don't start to really cool

down significantly until early next week. get ready for early october heat that is not unusual in the bay area. maybe uncomfortable but not unusual. larry and cheryl? >> spencer, thank you. up next, the first pictures surfacing from george clooney's wedding. what the once sworn bachelor is saying about being a newlywed. and promises today from the head of secret service after a grilling over the latest white house security breach.

well, here comes the bride. and the groom. these are the first pictures from the wedding of george clooney and amal alamuddin. he vowed never to remarry after his divorce in 1989 and says marriage feels quote, pretty damn great. the happy couple made a deal with "people" and "hello" magazines to publish the first official wedding photos. mixed martial arts fighter

randy couture had a knockout on the dance floor. he and his partner were eliminated last night on "dancing with the stars." >> but randy is not down for the count. >> randy and karina. >> reporter: fighting champ randy couture isn't moving on to round four of "dancing with the stars" although he has been knocked out of the game, he says he enjoyed the entire experience. >> i have done something new, something different, put myself out there, outside the box. not something people expected from me. i had a lot of fun doing it. >> reporter: his partner has danced for 16 of the show's 19 seasons. but this may be her swan song. >> my contract is up. it is the last season. so i am glad that this is the way the contract ends because i would not want to change a minute. i had the most incredible time with you. >> reporter: dancing's movie night was an incredible evening. for the first time this early in the competition, two teams got perfect scores.

janelle and val did it first with their "west side story" inspired jazz routine. >> the good thing is we got four 10s. we celebrate and tomorrow, he gets me back in the studio, it's back to zero and we work again. >> reporter: also happy and also getting a perfect score for their jazz performance, bethany and derek, who danced to "singing in the rain." >> complete shock. i was absolutely amazed. i still can't believe that that happened. >> reporter: neither could tommy chong and peta, who danced to a surprise third place finish. his theory, don't yell, be gentle. >> it's like making love. if she whispers something in my ear, i will respond like you wouldn't believe. but if she yells at me, it's like it will freeze everything up. >> reporter: scoring all 8s, alfonso and jonathan tied for fourth, even if jonathan had to wait until the very end to hear he was safe. >> you try not to go to the bathroom in front of 15 million

americans. that's what you try to do, and pray. you pray at that point. >> reporter: that puts leah thompson in seventh, betsy johnson is tied for eighth with antonio sabato, jr. michael waltrip is at the bottom. ten teams return for week four of "dancing with the stars" next monday night. >> as george mentioned, catch "dancing with the stars" every monday night at 8:00 on abc 7. coming up, harsh words over a major security breach at the white house. >> don't let somebody get close to the president. don't let somebody get close to the family. don't let them get in the white house ever. >> lawmakers making a new demand after grilling the head of the secret service. also, olympic swimmer michael phelps has another run-in with the law. why baltimore police arrested him today. northern california's pot problem. a look at how the marijuana industry may lead to the check it out. when i peel this sticker off the munchie meal, i have a 1 in 4 chance of winning cool prizes

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here are the headlines at 4:30. late this afternoon the centers for disease control confirmed the first case of ebola diagnosed in the united states. the male patient is now in isolation at a hospital in dallas. health officials say he was in west africa earlier this month but didn't show any symptoms until he returned to the united states. the oakland raiders' new

interim coach is ready for the challenge. tony sparano tweeted today that everything is doable, it really is. i have been part of those turn-arounds before. i have the utmost confidence. the raiders fired coach dennis allen last night. on capitol hill, the secret service under fire. lawmakers drilling the agency's director on the shocking recent breach as well as some others. abc news reporter karen travers has details from washington. >> reporter: the director of the secret service was on the hot seat and lawmakers got personal. >> i wish to god you protected the white house like you're protecting your reputation here today. >> reporter: congress is demanding to know how the secret service allowed omar gonzalez to make his way deep inside the white house on september 19th, carrying a knife. the agency originally said gonzalez was taken down just inside the front door, but it's now clear he made it much further. the 42-year-old homeless iraq veteran got all the way into the east room.

the "washington post" reports gonzalez was neutralized by an off-duty agent who just happened to be there. >> don't let somebody get close to the president. don't let somebody get close to his family. don't let them get in the white house, ever. and if they have to take action, that's lethal, i will have their back. >> reporter: president obama was briefed by director pearson last thursday at the white house but his spokesman would not say whether the president knew right away how serious this breach was and how far gonzalez went inside. >> i'm not in position to detail the contents of those individual briefings or updates or conversations that the president has had on this topic. >> reporter: lawmakers also raised concerns about a 2011 incident where four days went by after a man fired a semiautomatic rifle at the white house. before the bullets were discovered. >> the housekeeper was able to locate fragments of glass on the truman balcony which is not an area that is frequented by security personnel. >> reporter: lawmakers said today the secret service internal review is not good enough and there are now calls for an outside independent

investigation. karen travers, abc news, the white house. now to the attack on isis which has so far cost the u.s. nearly $1 billion. the center for strategic and budgetary assessment, a military think tank, has listed a range of estimated costs to fight the islamic militant group. the study suggests the cost to maintain the same level of military air operations totals about $4 billion a year. the addition of a possible 25,000 troops on the ground could cost $1.8 billion per month. president obama has said he has no plans for u.s. ground troops to engage in combat. the wife of isis british hostage alan henning made a public plea today for his release. >> alan, we miss you and we are dreadfully concerned for your safety. but we are given so much hope by the outcry across the world as to your imprisonment. i ask the islamic state, please

release him. we need him back home. thank you. >> henning is a taxi driver who went to syria to help victims of war. he was kidnapped last december. isis has displayed him in their videos since his capture. olympic swimmer michael phelps is apologizing for his arrest early today on suspicion of drunk driving. this afternoon, philip phelps tweeted a statement saying quote, i know these words may not mean much right now but i am deeply sorry to everyone i have let down. phelps was pulled over about 1:30 this morning near baltimore. police say he was driving 84 miles an hour in a 45 mile an hour zone and then failed a field sobriety test. this is his second dui arrest. in 2004 he pleaded guilty and was sentenced to 18 months probation. phelps has 22 olympic medals, most in the modern era. a stunning new report today about the decline in the global wildlife population. the world wildlife fund and the zoological society of london say

the animal population has fallen by half in four decades. the report covered more than 3,000 vertebrate species but the report's authors say the declines could be stopped through more sustainable living standards including using more renewable energy and not consuming as much. federal biologists say the marijuana industry in northern california and southern oregon is a significant threat to salmon in danger of extinction. they have issued a recovery plan for salmon in that region that calls for getting a better handle on the amount of water that pot growers illegally withdraw from creeks where young fish struggle to survive. another customer warning from a retail store. buyer beware. the grocery store chain that says it may have been targeted again by hackers. i'm michael finney. ahead on 7 on your side, putting the iphone 6 to the test. does the battery last as long as apple says it will? i'm spencer christian from the east bay hills camera.

we can see that the coast is clear and it's about to get very warm. along with the rest of the bay area. the accuweather forecast coming up. at 4:35, a check of the afternoon commute. this is the skyway in downtown san francisco. the usual logjam for those folks in oncoming cars heading to the lower deck of the bay bridge and ultimately the east bay. a little bit better, slightly better, for those folks heading toward 101 south on the other side. to finismy career., and i'm about to start my career. i have two young boys, and i want

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the parent company of albertson supermarket says it has discovered another breach of their computer networks. the company says that in late august or early september, malicious software was installed on networks that process credit and debit card transactions at some of their stores. albertson's says the malware may have captured account numbers, card expiration dates and the names of card holders. this is the second time in two months the store is warning shoppers of a possible breach. ebay today is confirming it's spinning off pay pal into an independent publicly traded company. the deal is expected to be completed by the middle of next year and will cut ebay almost in half. the move comes after months of pressure from billionaire carl icahn. ebay acquired pay pal 12 years ago and built the company into a giant that generates almost half of ebay's revenue. apple's iphone 6 will go on sale in china next month. regulators delayed sales over

questions about the device's security features. they were worried some software could be used to allow third parties to get access to users' data. china is the world's largest smart phone market with 1.2 billion mobile users. sales of the iphone 6 begin there october 17th. abc's newest sitcom premieres tonight. potential lovebirds in manhattan in "love story" airing at 8:30. the show offers something that other programs may not. >> i think they are going for higher concept material and actually giving it the time on air that it needs to breathe. >> a lot of shows are bringing edge. hopefully a lot of shows are learning they can actually bring intelligence with that edge. i think manhattan love story does. >> as you might expect, manhattan love story is set and shot in new york and that's something the co-stars are really excited about. our prime time lineup begins with the debut of the new comedy selfie at 8:00 followed by

manhattan love story, then marvel's agents of s.h.i.e.l.d. abc 7 news at 11:00. time for another look at the weather. >> and the pardon warmup that's. we will have hot weather for a stretch of time. live doppler 7 hd showing sunny skies from coast to inland. the warmup begins tomorrow. this is a look at the national weather picture for tomorrow. we will see thunderstorms on the north atlantic coast and up and down the mississippi valley from minneapolis to chicago, st. louis, new orleans. mainly dry in the western half of the nation except for showers over parts of montana and wyoming and colorado. on we go to the state of california, which will be sunny and warm from top to bottom. look for highs of 70 at eureka, 77 at monterey. interior sections like sacramento, fresno, upper 80s. 83 in los angeles. here in the bay area, we will heat up from about 78 at half moon bay to 81 in san francisco

to upper 80s and near 90 inland. we will use san francisco as the example of the pattern we will expect over the next seven days. we will start cranking the heat up -- we won't start cranking it up. it will start cranking up for all the bay area, especially inland thursday, friday and into the weekend. we will see a bit of a cool-down in san francisco, locations near the coast on saturday and sunday, but much of the bay area especially inland will be hot from thursday through sunday with no significant cool-down until early next week. larry and cheryl? >> spencer, thank you. still ahead, viagra trying something new in an effort to boost sales of that little blue pill. and we will take you to a local event designed to shake up silicon valley. a look at what's so special about this tech summit. i'm 7 on your side's michael finney looking for a little retail work over the holidays? i will tell you why you don't want to wait when abc 7 news at 5:00 continues. hey john check it out. whoa! yeah i was testing to see if we really can turn any device in your house into a tv and the tablet worked just fine

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to men about impoet etence. it is the world's top-selling erectile dysfunction drug but will face more competition in three years when its patent runs out in the u.s. viagra sales dropped 8% in europe when the patents there expired 15 months ago. a new ad is out showing how much a mother's feelings about herself can affect her daughter. >> especially when it comes to body image. >> reporter: it's an internal monologue running through so many women's heads. >> my number one hate on my body is -- >> my eyes are wonky. >> i have very thick legs. >> reporter: a new short film titled "legacy" asks women to share how they feel about their bodies. >> i'm not keen on my legs but i just try to focus on the fact that they are very strong and i'm a very good runner. >> reporter: then posing the same question to their daughters. >> oh, she said her thighs, too.

didn't she? her legs. >> i don't like my arms. she doesn't like her arms either. >> reporter: the powerful ad showing mothers just how much their behavior can leave a lasting impact on their daughters' lives. >> how i feel about myself really affects how she feels about herself. >> i love your hair. >> reporter: it's an issue babble.com blogger janette experienced fers-hairst-hand. the naturally curly-haired mom straightens her hair for special occasions. a simple act that has made her young daughter question her own beauty. >> my daughter actually told me straight hair is beautiful. curly isn't. >> any time you want to look extra pretty, you straighten out your hair. >> reporter: it wasn't the only lifestyle decision that appeared to rub off on the 9-year-old. she also picked up on her mother's efforts the lose a few pounds. >> i don't want her to be obsessed by her weight.

>> reporter: now she is more careful about the comments she makes about her appearance. >> i realize that i'm not doing a great job as a mom if she's feeling these contradictions and it's making her doubt her beauty. >> reporter: abc news, new york. >> wow. interesting. >> it's challenging having two daughters. they are bombarded with so many body image messages on a daily basis. hard to keep track of all that stuff. >> i'm sure they come to you for advice? >> no. i'm not the first stop. mom's the first stop for that. some consumer news right now. a national civil rights group has added the city of vallejo to the list of cities where it says bank of america engages in housing discrimination. >> 7 on your side's michael finney reports this is an expansion of a complaint that was originally filed back in 2012. >> got a lot of play back then and now even more. the national fair housing alliance and fair housing marin are charging bank of america with maintaining and marketing bank-owned foreclosures in white

neighborhoods better than their foreclosed homes in african-american and latino neighborhoods. the complaint says the discrimination takes place in 41 cities nationwide, including vallejo. it said properties in predominantly minority neighborhoods had excessive trash, unsecured locks and overgrown lawns. bank of america called the charges inaccurate and misleading and says it's committed to investing in the communities it serves. other cities previously named in the original complaint filed in 2012 were oakland, richmond and concord. if you're looking for a seasonal job this holiday the time to apply is right now. major retailers including target will add 800,000 temporary workers this season. the temporary hiring firm challenger gray and christmas, and that is their name, says that's the most since 1999. the most jobs will be filled by mid-october. sales are expected to be up 4.5%

over last year which is why more stores are hiring for the holidays. consumer reports battery test results are in for apple's new iphone 6. battery life has been an issue with all iphones so at its product introduction a couple weeks ago, apple promised up to 14 hours of talk time for the iphone 6 and up to 24 hours for the iphone 6 plus. consumer reports finds the battery life has indeed improved but not by as much as promised. in their lab tests, the iphone 6 delivers 10 hours of talk time on a charge and the iphone 6 plus, about 17 hours. that's better than the eight hours of talk time we got with the iphone 5s. but other phones' batteries did better in our tests. >> reporter: by comparison, the lg g-3 delivers about 19 hours of talk time and samsung's galaxy s-5, 20 hours.

>> except nobody is talking on these phones anyway. it's all apps. >> reporter: you bring in a great point. how much texting time, how much app time, how much data, e-mailing. when's the last time i talked on my cell phone? been a long time. >> video and pictures. >> yeah, video. that really eats up a battery. >> thank you. up next, she's been governor of arizona, head of homeland security and now the president of the university of california. >> janet napolitano takes a look back and ahead, next. i'm dan ashley. at 5:00, first he helped a man get home, then he helped himself to what was inside that house. the hunt tonight for the bay area's bad samaritan. and let there be lights. the technology promising picture-perfect television.

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break up with cable. choose u-verse tv from $19 a month for 2 years. abc 7 is honoring hispanic

heritage month through october foo 15th with posts to our instagram feed. today we recognize san francisco's school governance program, a program organized by the group parents for public schools of san francisco. the group is reaching out to hispanic and latino parents in san francisco to become partners in their child's education. we have more details on instagram at abc news bay area. no secret that silicon valley's work force is dominated by men. but a conference that kicked off today in san francisco is trying to change that. women 2.0 offers female entrepreneurs insight on getting hired at tech companies or seeking investors for their own companies. it's a steep challenge in silicon valley. women make up only 15% of facebook's employees, just 10% of twitter's engineers. changing that means changing silicon valley's culture. >> diversity actually leads to more successful companies. studies have shown when women are on the founding team of a company they actually lead to

66% higher return on equity, one third less capital is used. >> the women 2.0 conference also gives attendees a chance to network with tech professionals and it continues tomorrow at san francisco's hotel kabuki. the president of the university of california, janet napolitano, has held that job for a year now. abc 7 news reporter lyanne melendez sat down with her to talk about the present state of the uc system and her past as u.s. secretary of homeland security. lyanne joins us in the newsroom live now. >> well, you know, napolitano has worn so many hats, arizona attorney general, governor of that state, secretary of homeland security, that you can ask her just about anything. we started out talking about isis and understanding the threat to america. during her time as head of homeland security, janet napolitano knew the islamic state in iraq and syria known as isis was growing rapidly.

>> the growth of fundamentalist extremists islamist groups. >> reporter: while the debate continues over how to destroy the islamic state, napolitano is firm when she says the group will be defeated. >> that requires the united states to play a leadership role. we are really the only country in the world that can do that. >> reporter: it has been one year since napolitano left that position to become president of the university of california. just as the worst of the great recession was ending. no surprises, the recovery has been slow. >> so i now have the opportunity to reset, reboot, really focus on where we take this university. >> reporter: one way the uc regents dealt with the lack of proper funding by sacramento was to increase the number of out of state students who pay more. >> okay, if we want to keep enrolling more california residents, where's the money going to come from. we could increase tuition or we could increase and add on more

out of state students. >> reporter: napolitano says sacramento now needs to increase the state appropriation for higher education but governor brown says only if state colleges promise to keep tuition flat and agree to certain reforms. >> these are the things i'm working on. more students graduating within four years. more in-state students. those kinds of things. >> reporter: as for napolitano running for higher office, the former arizona governor is putting that rumor to rest. >> i don't think we have ever had a woman ever be governor of california and governor of arizona. no. i'm the president of the university of california. i've got the best job. >> coming up at 6:00 on abc 7 news, more of that interview, including why napolitano, who a year ago was in charge of controlling our borders, now wants to build closer ties with mexico. lyanne melendez, abc 7 news.

thanks for joining us for abc 7 news at 4:00. i'm larry beil. abc 7 news at 5:00 begins right now with cheryl and dan. a sex scandal rocks a cold case killing in san jose. >> we are bittersweet about this. >> charges are dismissed against the chief suspect so what happens now? and more concern for the new bay bridge. what cal trans is saying about rust, rods and ripples of water. and -- >> we can get this thing turned around. >> the new coach of the raiders is confident he can kick off a winning feeling, but what about the fans? i'm abc 7 news meteorologist sandhya patel. we are heading into october with hot weather and elevated fire danger. details are coming up. a cold case heats up months after this woman's husband was arrested for her murder. a mother of two. her body found in the back seat

of her car wrapped in a quilt. tonight, that case is being dismissed because the prosecutor had an affair with a key witness. thanks for joining us. i'm cheryl jennings. >> i'm dan ashley. it's a stunning development that sounds like something from a tov drama more than real life but it is a secret affair that is now having very real consequences for the family of a murdered woman who hoped for justice. abc 7 news reporter david louie is live at the santa clara hall of justice with the story. david? >> reporter: well, it's unusual for the work of a prosecutor to come into question, especially before a trial. the break in this 25-year-old cold case came from new dna evidence from a quilt, but then the handling of the case became suspect. it was dna found on this quilt that prosecutors used to charge two brothers for the murder of 38-year-old kathy zimmer in 1989. her body was discovered in her chrysler new yorker covered boy the quilt in the garage at the airport. but that same dna evidence

brought 70-year-old robert zimmer to court today, where charges were dropped against him and his 67-year-old brother, david, who was the victim's husband. david zimmer did not appear in court. attorney michael cardoza represents zimmer. >> kudos to the santa clara district attorney's office because they stepped up, they saw what was happening and they dismissed the case against my client. >> reporter: the d.a.'s office took that action when it discovered the original prosecutor had an undisclosed relationship with the dna technician who likely would have been a trial witness. the d.a.'s office also said he failed to provide evidence to the defense attorneys. attorney cardoza said his client, david zimmer, was a victim. >> he was arrested because in my opinion of a very overzealous young district attorney that looked at evidence and interpreted it in the wrong way. >> reporter: robert zimmer has been in jail for eight months. >> he was overjoyed but a part of him was