some bay area voters found that their counties were ready as quickly as they were supposed to be. and it's the first day of school, in-person school, that is. see how the north bay could be leading by example when it comes to education in the bay area. plus, we get a sense of the damage done by the glass fire. it's destroyed these napa county homes and is still threatening others. building a better bay area for a safe and secure future. this is abc 7 news. nothing was going to stop me from coming out voting, even if i had so crawl over some covid glass to get here. >> with less than a month to election day, today some california voters are casting their ballots and finding bay area counties caught off guard. good evening and thank you for joining us. i'm ama daetz. >> and i'm deon lim. some things are different this year because of the coronavirus pandemic. all registered voters in california will be mailed a ballot and those ballots are

going out now. all vote by mail ballots in california come with prepaid postage and you can return your ballot at any time to and including election day. november 3rd. the envelope must be sealed, signed and dated. it can be turned into your county elections office, a ballot drop box, a vote center or any polling place. and if you're mailing it back, there is more time this year for it to arrive because of the concerns about the u.s. postal service. now, a ballot with a postmark no later than northern 3rd can be received as late as november 20th and it will still count. you can track your ballot online through the secretary of state's website. and earlier today on abc 7 news at 4:00, we spoke live with the secretary of the state alex padilla about the benefits of voting by mail. >> it's convenient. you get to vote from the comfort and safety of your own home and it is proven to be secure. so any suggestion otherwise is, frankly, not true, and only seeks to undermine confidence in

our elections. california knows how to do it. we've been voting by mail for many, many years in our march primary. more than 70% of ballots cast were vote by mail ballots, and i think it's probably the safest option for voting during the covid-19 pandemic. >> the first official day of early voting got under way today in the bay area with lots of voters eager to get their ballots in. the experience differed, though, depending on the county, but the sentiment was clear across the board, everyone is taking this vote very seriously. abc 7 news reporter chris reyes has more on this story. >> reporter: mask, vote. it's the very image of election 2020. the enthusiasm from early voters undeniable. >> and nothing was going to stop me from coming out voting, even if i had to crawl over some covid glass to get here. >> i didn't mail it this time because i'm more concerned about making sure that the post office

get it is here and that i wanted it in right away. >> want to make sure that i make it clear that we're voting and we're voting as early as possible. and so this is an extremely important election. and we want to make sure that it gets done now. >> reporter: in san francisco the outdoor setup had some voters praising the process, quick and simple. >> we're ready. we practiced. we got the materials and supplies in place, and, again, people when they vote here, we'll process those ballots today or tomorrow. >> reporter: in contra-costa county, some voters were ready to vote as soon as this box was supposed to open at 8:00 a.m., only to find them locked. >> i was a little bit angry that with all of this hype about voting, our boxes aren't open when they're -- when they say they're going to be open. >> i will, however, apologize to contra-costa voters who are concerned that we didn't have them open. you know, we should have because that's what we said, but, again, i would remind them that they have their ballots early, and people have never used ballots on the first days.

>> reporter: the 37 boxes were unlocked by noon. contra-costa county officials say they want to assure voters no one was denied their right to vote, they were just delayed in opening the boxes, taken by surprise at the demand of early voting. they are now unlocked 24 hours a day until november 3rd. >> at the post office this morning, we picked up 15 trays of voting ballots. totally unheard of. >> her reason for showing up so early. >> i've been waiting on this day for 365 days. i take that back. i've been waiting on this for four years. >> reporter: chris reyes for abc 7 news. on election day you can vote in-person. voting stations will be set up 6 feet apart. you should wear a mask, although you won't be refused your right to vote if you don't wear one. all this information available on our website abc7news.com/election. the presidential candidates' running mates are preparing for their debate wednesday night. sources tell abc news that vice

president mike pence and senator kamala harris will be 12 feet apart. after the biden campaign requested more space. in addition, the commission on presidential debates has approved plans to use plexiglass to separate the candidates and the debate moderator. you can watch that debate right here on abc 7, wednesday night, starting at 6:00 p.m. as we work to build a better bay area we're focused on our health and the threat posed by the coronavirus pandemic. in california, numbers appear to be stabilizing. today's reported numbers of new cases and deaths are around average. the state's test positivity rate, averaged over 14 days, is 2.8%. that's been steadily declining lately. here's a look at case trends in the bay area. the yellow line represents the rolling average of new cases and you can see it's on a downward trend, representing a significant improvement from the peak set in mid-august. several marin county school districts reopened today for in-person classes. other larger school districts around the bay area will be

looking to them to see how successful they are in the midst of this pandemic. abc 7 news reporter leeann melendez shows us how reopening day went for one school district. >> reporter: parents of kneel cummins elementary and korda modero waved to their students nearly seven months after it was closed town to the coronavirus the superintendent assured us they've been preparing for this day since last march. 86% of the families opted in. >> wove han trainings here on site with staff, trainings with students through videos. we've had trainings with parents through videos. >> reporter: some of the classes were held outside and inside desks with plexi glass are expected to keep students safe. this week they will learn in a hybrid mode to get ready for the following week. >> october 12th, where we go full -- full week, five days, a.m. cohort, 8:10 to 11:00 a.m., and then deep cleaning every

classroom, p.m. cohort arrives, 12:30 and goes home at 3:20. >> reporter: school staff said they noticed how reserved and cautious the kids were when they first arrived on campus. >> by the end of the day, i think they started to feel more comfortable, which led them to have their shoulders relax, the smiles, even though you can't see them as well with the masks on, it was all there. >> reporter: the lamar jacksonburg school district has only two elementary schools and one eldmentary school. granted this school district is much smaller with fewer schools than a unified district. for them, reopening remains a challenge. >> in that larger district, it's about scaling open. >> reporter: oakland teachers have yet to begin negotiating with the school district with regard to possible return to in-person instruction. san francisco unified and their unions are still in negotiations and in the process of both reviewing resources and facilities to make sure they can reopen safely. lean melendez, abc 7 news.

president trump is out of the hospital and back at the white house tonight. he left walter reed hospital in bethesda, maryland this evening after spending three days getting treated for covid-19. the president was taken by marine one back to the white house where he stopped and took off his mask before heading inside. in a tweet earlier in the day he wrote, quote, don't be frayed of covid. this has drawn considerable backlash including from abc 7 news special correspondent dr. patel. >> there are people out there who don't have access to a doctor, who can't physically distance. there are people who are houseless. how on earth can the president make a statement like that and have it be relatable or generalizable to the public at large? it's just irresponsible any way you look at it. >> i hear myself. the president's personal physician cautioned president trump is by no means out of the woods yet in his recovery. we'll have more on this story in our next half hour. governor gavin newsom is

responding to the arrests of two sisters outside his home who were protesting on the anniversary of their brother being shot and killed by vallejo police. abc 7 news i-team reporter melanie woodrow has covered the shooting since june. today she asked governor newsom if he'd be willing to meet with the monterosa family. >> reporter: protesters gaffered outside governor gavin newsom's house. sisters michelle and ashley monterosa. >> we're practicing our first amendment right which is freedom of speech. we posed no threat. >> reporter: the sisters say they want to speak to the governor about their brother's death have have received no response from his office. a police officer fired from the back seat of an unmarked vehicle through the windshield, kiting and killing him. he had been outside a walgreens where there had been a looting. moving his hands towards his waist area, revealing what they

thought was the butt of a handgun. it turned out to be a hammer. the officers' body camera video captured this exchange. >> what did he point at us? hey, he pointed a gun at us. >> reporter: solano county district attorney recused herself from the case. the attorney general declined to investigate, though the a.g.'s office is investigating the police destruction of the windshield, which was evidence. protesters call to the governor. >> we just want him to break his silence. >> reporter: inside the chp capital section arrested 17 protesters, including ashley and michelle. >> governor newsom, shame on you. >> for him to come at us with full force the way we arrested it hurts. >> reporter: today i asked governor newsom. >> would you we billing to speak with the family? >> he didn't answer that that specifically, but said -- >> i've asked my staff to take a much more detailed look at exactly why the attorney general chose not to move forward in terms of the criminal

investigation, though i'm very pleased and grateful in the attorney general for moving forward as it relates to police practices in that jurisdiction. and so we'll have more to say hopefully very shortly. >> reporter: the chp confirms protesters were arrested for unlawful assembly, failure to disburse, trespassing and conspiracy to commit a crime against the governorer. >> it's just comical because at the end of the day we were posing no threat. >> reporter: the sisters say they were in jail more than 20 hours. >> i'm exhausted. i'm trying to catch up on sleep. but i feel motivated more than anything to go even hard for this journey for justice for our brother sean. >> the sisters say protesters had to post $2,000 bail in cash each in order to be released. in the newsroom for the i-team, melanie woodrow, abc 7 news. an arrest has been made in two brutal assaults in san francisco's tenderloin, targeting women in their 70s. you are looking at horrifying images of one of the victims provided to me by her son.

each incident happened within a week of each other and just blocks from the tenderloin police station. my exclusive interview with this woman's son and the supervisor vowing to make the area a safer place. that is tonight on abc 7 news at 11:00. and coming up next on abc 7 news at 6:00, revisiting the death of oscar grant. 11 years later, his family demands the case be reopened and the d.a. responds in stunning fashion. i'm spencer christian. it felt like summer today, but cool, crisp autumn air is on the way and some weekend rainfall. i'll have the accuweather forecast coming up when abc 7

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working to build a better bay area means working for racial and social justice. in a stunning move, alameda's top prosecutor announced today she's reopening the investigation into the death of oscar grant, a young father shot nd killed by b.a.r.t. police on new year's day in 2009. the move came just as grant's family was demanding a fresh look at the kais in light of what they called new evidence and in the wake of national demands for greater police accountability. abc 7 news laura anthony has our story from oakland. >> justice delayed is justice denied. >> reporter: more than 11 years after her son oscar grant was shot and killed by b.a.r.t. police officer at the fruit veil station, wanda johnson wants the case reopened and potentially new charges levied against at least one other officer. >> then we will continue to be out here and remind the world of how our judicial systemystemystm

continuali continuing to fail people of color. >> reporter: grant was shot and killed early on new year's day in 2009. mezerly was convicted of involuntary manslaughter by a los angeles jury. grant's family now wants prosecutors to consider filing criminal charges against the former b.a.r.t. officer seen in cell phone video holding grant down in the seconds before he was shot. >> oscar's last words were "i can't breathe." anthony pieroni, the b.a.r.t. officer pinned oscar down with his knee on his neck, with his hands on his face. >> reporter: as the grant family spoke, alameda county district attorney nancy o'malley announced she heard them. quote, we are reopening our investigation. i have assigned a team of lawyers to look back into the circumstances that caused the death of oscar grant. we will evaluate the evidence and the law, including the applicable law at the time and the statute of limitations and

make a determination. >> so we're not holding our breath, but we definitely will be praying that she sees the truth in this issue. >> reporter: pieroni was fired by b.a.r.t. police, but was never criminally charged in grant's death. messierly's attorney general told abc 7 news he does not believe his client could be charged again under the law, given his conviction ten years ago. laura anthony, abc 7 news. >> and if you're dealing with racial or social justice issues, we want to help you find an ally. go to abc7news.com/takeaction for a list of local resources. while firefighters continue to battle the glass fire, marin, napa and sonoma counties, some evacuees are being allowed to return home. abc 7 news was in santa rosa this morning where a traffic sign carried a welcome home message. this was outside the sygi p residents to check that gas service had been restored to their homes. evacuation orders were lifted for the town of calistoga, but

the glass fire still poses a threat to others living in northeastern napa county. abc 7 news reporter cornell bernard has today's story now from wine country. >> reporter: the kitchen staff at the hydro grill in calistoga are cooking again after a long week of being shut down. the town was evacuated one week ago due to the approaching glass fire. >> it's so stressful being gone. >> reporter: owner gail keller says this home coming is bittersweet because so many in the valley have lost everything. >> we're very happy to be back. we have a house. we have a business. and some people don't. and it breaks my heart. >> reporter: the town is slowly repopulating, coming back to life. >> can't wait to have everything . >> rorter:nna estrada is home. jacobo shows us where he spotted flames last week. he's pleased to find his home just where he left it. >> we're super happy to see our small town that it's, like, safe and we thank the firefighters a lot for all the hard job they've

been doing for this whole week. >> reporter: meanwhile, northeast of calistoga, the glass fire could be making its vey last stand off highway 29. cal fire choppers still dousing hot spots as the fire pushes towards lake county. fueled by dry brush. evacuation orders are still holding, but she has decided to stay. >> it looks like things are a little bit better for us, but it's still going up north to the east. so still in danger. >> reporter: but cooler weather conditions this week may help firefighters. >> with a pretty high confidence we can say that we've gotten past the peak of the most extreme conditions that we've seen across the fire since its initiation. >> reporter: many are giving firefighters a lot of thanks. >> this is our seventh evacuation since 2015, and we've been saved every tiu.orter: in , cornell bernard, abc 7 news. >> so much to be grateful for. well, sky 7 flew over some

of the damage in napa county late this afternoon. this is the neighborhood near calistoga ranch off silverado trail. 487 homes in napa and sonoma counties have been destroyed, and more than 21,000 structures are still threatened. fire is 30% contained with nearly 66,000 acres burned. now, don't forget, you can follow fires statewide with our exclusive wildfire tracker. it's updated in real time with the very latest information from cal fire and it also has air quality information. the abc 7 news fire tracker is available now at abc7news.com and the abc 7 news app. and finally, a weather forecast firefighters have been waiting for. spencer has some cooler temperatures and a chance of rain. (garage door opening) it is my father's love... it is his passion- it is his fault he didn't lock the garage. don't even think about it! been there, done that. with liftmaster® powered by myq®, know what's happening in your garage- from anywhere.

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you can take a day off fromy worrying about your packages. ♪ ohhh yeahhh! just connect your myq® app to key. ♪ ohhh yeahhh! get free in-garage delivery with myq® and key by amazon. all right. we definitely need some cooler weather and some rain, deon. >> yeah, certainly. spencer christian is tracking it all, and what did i see toward the end of the week? maybe some rain. >> yes, yes, maybe. it looks like a pretty good chance. we're certainly going to get cooler air, that's for sure. that will happen by midweek. let me give you a look at what's happening right now. breezy in some spots and not so breezy in others up in the north bay, thankfully it's relative calm to light wind, but we have a 21-mile-per-hour wind in san francisco right now. as you go down into the peninsula and parts of the east bay, you'll see it will be a

little bit breezier. and the 24-hour temperature change shows most locations certainly away from the coastline are a few degrees warmer this time today than they were yesterday. check out this beautiful view from sutro tower looking down on parts of san francisco. you can see the low clouds coming in under the setting sun reflecting a little -- not reflecting, but casting a little bit of a shadow over parts of san francisco. it's 57 degrees in the city. right now. 68 in oakland. mid to upper 70s in mountain view and san jose. 86 in gilroy and a cool 55 at pacifica. there is that beautiful setting sun looking westward from emeryville. other temperature reading, 81 in santa rosa. 95 in fairfield. 88 concord and 91 in livermore. still pretty warm inland. looking northward from the golden gate, these are the forecast features. marine layer will expand overnight and locally across the bay and inland. much cooler pattern begins midweek, and there is a chance of rain on friday and saturday.

right now we're going to take a look at the air quality forecast which bears good news, certainly wednesday, thursday and friday, we expect generally good air quality, maybe moderate in a couple of spots, but tomorrow will be another spare the air day with poor air quality expected in the north bay. on we go to the forecast animation showing the movement of low clouds and fog overnight pushing up against the coastline and locally across the bay and inland. doesn't look like it's going to interfere too much with visibility for morning commuters. and then we'll have mainly sunny skies away from the coast in the afternoon. overnight, low temperatures will be mainly in the low to mid-50s. pretty comfortably cool. and even lower in some spots like santa rosa with a low of 48 degrees. looking at the afternoon, conditions mid-60s on the coast tomorrow. mid to upper 70s, maybe 80 degrees or so around the bay shoreline. the warmest inland locations will be around 90 to 92 degrees, so still pretty warm by autumn

standards inland. let's skip ahead to the end of the week. the future clouds radar will indicate the arrival of a little impulse from the pacific northwest, bringing some light rain on friday morning that will be followed by what look like a stronger, juicier impulse on saturday evening, bringing some more rain. and the computer models are in wide disagreement about how much rain we're going to get. this one looks pretty good. it's indicating san francisco and santa rosa may get up to 1/3 of an inch or more. here is the accuweather seven-day forecast. cooling wednesday and becomes more pronounced going to the end of the week as the system from the northwest arrives bringing us a chance of rain on friday and saturday. slightly milder conditions on sunday and monday. i think this is a forecast we can all cheer about. ama and deion? >> yeah, i think you are definitely right. thank you, spencer. ump utthe hospital d, president after being treated for coronavirus. next, hear from a stanford doctor who is still concerned,

though, that more people have the white house could become infected. why are unemployed californians suddenly losing their benefits? i'm michael finney and ahead on 7 on your side, we talk to an edd insider.

in the tubbs fire. the flames, the ash, it was terrifying. thousands of family homes are destroyed in wildfires. families are forced to move and higher property taxes are a huge problem. prop 19 limits taxes on wildfire victims so families can move without a tax penalty. nineteen will help rebuild lives. vote 'yes' on 19.

building a better bay area for a safer and secure future. this is abc 7 news. he took off his mask and recorded a message about his time at walter reed and again encouraged americans not to fear the potentially deadly disease. >> and i learned so much about coronavirus. and one thing that's for certain, don't let it dominate you. don't be afraid of it. you're going to beat it. we have the best medical equipment, we have the best medicines. all developed recently. and you're going to beat it. i went -- i didn't feel so good, and two days ago -- i could have left two days ago. two days i felt great, like, better than i have in a long time. i said just recently, better

than 20 years ago. don't let it dominate, don't let it take over your lives. don't let that happen. we have the greatest country in the world. we're going back, we're going back to work. we're going to be out front. as your leader, i had to do that. i knew there's danger to it, but i had to do it. i stood out front. i led. nobody that's a leader would not do what i did. and i know there's a risk. there's a danger. but that's okay. and now i'm better. and maybe immune. i don't know. but don't let it dominate your lives. get out there. be careful. we have the best medicines in the world. and it all happened very shortly. and they're all getting approved. and the vaccines are coming. >> first lady melania trump who also tested positive has remained at the white house. as president trump returns to the white house, there are growing concerns about the spread of covid-19 infections among white house staff and others. >> it all comes as experts here in the bay area and the cdc are reinforcing their warnings about

the continued dangerous of airborne transmission. >> the number of white house staff, visitors and senior republicans infected with covid-19 has climbed to at least 18. according to a count by abc news. those numbers surfacing quickly after events like the rose garden ceremony announcing the nomination of judge amy coney barrett to the supreme court, where many attendees were seen mingling without masks. >> when you look at those white house pictures and the -- and the debate pictures, it's shocking, it's horrifying. >> reporter: this doctor is an infectious disease expert at stanford. she worries about the message being sent by even the president's own family members going without masks at public events. and today the centers for disease control updated the advice on their website, warning of the dangers of possible airborne transmission at crowded events, even beyond six feet. >> where you might have more spread of droplets, and they may be sustained in the air longer in aerosol form.

>> reporter: those criticisms were echoed by secret service agents who reportedly complained about the president's decision to leave the hospital for a publicly photographed ride around the area with agents in protective gear at the wheel. while back at the white house, press secretary kayleigh mcenany became the latest staffer to announce she too is now part of the cluster infected with covid-19. >> it really requires masks and social distancing. it's so simple. and yet they flaunted those and got people sick, which is really sad. >> now yesterday debate moderator chris wallace of fox news also criticized the president's family members for not wearing masks during portions of the event. >> sometimes we take all the precautions we think we need, but it's not enough. abc 7 news anchor kristen zee explains. >> the centers for disease control said there's increasing evidence to suggest that children and adolescents can efficiently transmit covid-19. now, they point to an investigation where a 13-year-old was the source of an

outbreak at a family gathering. she had been exposed to a confirmed case before the gathering and tested negative via a rapid antigen test. the teen then shared the house with 13 relatives and nobody wore a mask. she and ten of her relatived developed covid-19, but six relatives also visited, but look at them, they stayed outside and mained social distance. they did not contract covid-19. the cdc says rapid antigen tests have a lower tensetivity and people should quarantine for 14 days regardless. >> how risky is a family gathering compared to getting a care hut or taking a bus. you can test in our quiz on abc 7 news. today ends a two-week-long backlog at the edd. trying to stop unemployment payments from going out to scammers. but 7 up on your side has found

many legitimate workers had their benefits cut off as well, causing as you can imagine a lot of hardship. michael finney joining us live with more on this story. michael, what a mess. >> it is a total mess, dion. look, for the last couple of weeks, i've been hearing from many who say the edd suddenly cut off their accounts. well, today, i have also heard from an edd employee. and they don't think thaeere's going to be any big changes any time soon. >> yeah, so they put a block on this address zploo i told you about john in san jose. he lost his home at levi stadium when the pandemic hit and was collecting unemployment until this. >> these are all from the edd. >> his family started getting letters from the edd addressed to complete scammers. turns out the scammers were using the family's address to file phony complaints. after his dad filed it to edd, he got a rude surprise. >> i went to pay my cell phone

bill and found my card was declined. >> edd blocked ben's account and eight others using his address. those were the scammers he. >> these a lot. >> the same thing happened to linda dodge of san jose. she too was collecting unemployment when scammers began using her address. she has hundreds of edd letters and their names. >> they told me there was an open fraud case on my card. >> her benefits are cut off, too. >> so i called the bank back again and they were like, it's fraud, we can't help you. you need to contact edd. >> brittany in san diego had it happen to her. a legitimate claim suddenly cut off. and now an edd call center employee who wishes to remain anonymous tells us calls like these started pouring in to the edd hotline last week. >> they're saying that their account has been blocked. their account has been frozen. that edd has closed their account. >> the employee said it's not just folks like ben and linda

getting cut off, but a broad range of the unemployed whose claims are in good standing. >> this isn't just two or three people. this is thousands of people all over the state of california. they're getting a surprise. they're getting a terrible surprise. with no alert to them. no text. no phone call. you use your card one day. the next day you try to use it again, it's refused. your account is locked. >> the employee says folks call her right from the store or bank where their cards were declined, plead for her to unlock their accounts. >> they go to the grocery store, try to use their card. card doesn't work. do you have another one? no, i don't. and i had a poor guy standing in the parking lot calling me saying i just called bank of america. they said that you locked my account. what am i going to do? this poor guy is ready to cry because he can't get his groceries. your heart breaks. >> then there was the move in a drive-through restaurant. >> she had used the card the day

before and she's driving through jack in the box with kids in the car, and they can't use the card. calls us, said my card isn't working. i said, have you talked to bank of america? >> the employee is one of thousands hired through a third-party company to help with overwhelming calls to edd during the pandemic. but when folks call for help, the edd computer screen doesn't show the block on their account. so it appears edd is not responsible. and she's told to simply refer them back to bank of america. which in turn refers them back to the edd. >> i had a guy waiting like an hour on the phone again in the queue to get the answer of, gosh, there's nothing wrong with your account. you've got to call bank of america. i just got off the phone. they transferred me over here. >> and she says no one at edd told the call center workers why accounts are blocked or how to help. >> no one seems to have that answer. why this is happening. all of a sudden.

and so widespread. shouldn't they tell at least the people working for them, hey, this is what's going on? because you're going to get a lot of calls. or at least tell the person, you know, you're not going to be able to use your card for "x" amount of days. >> we asked edd about the call center employees' concern. the spokesperson did not respond directly, telling 7 on your side, as we zero in on these unscrupulous offenders, we are doing everything we can to verify legitimate claimants in the mix and minimize any impact on their accounts. the edd says it has been cutting off suspicious high-volume claims filed at single addresses, but edd has not said how many valid claims are also being cut off. why it hasn't alerted call center employees to the shutdowns or how to respond to the desperate callers. >> it's not their fault. they didn't do anything wrong.

but they're hurting. they're scared. and right now there's nothing i can tell them. >> after shutting down for two weeks, edd reopened today and says its new processes will s very little trupgss. so i want to know, are you still being interrupted? contact me here at the station and i'll report back. ama? >> man, michael, thank you. the amount of issues has been unbelievable. well, a former pro football player has just been nominated to california's highest court. and he has a lot of bay area ties. yo

about the covid-19 virus. it's real. and it's dangerous. so, on behalf of all of us working on the front lines, please take it seriously. and while we don't yet have a cure or a vaccine, we do know how to keep you and your loved ones safe. wear a mask. wash your hands. stay six feet apart. do your best to stay out of crowded spaces. and get a flu shot, it's even more important this year. we can do this. if we do it together.

a san franciscan has been nominated to the california supreme court. justice martin jenkins grew up in the ingleside district and

played pro football. >> reporter: before tackling updates on covid-19 and the state's wildfires, governor newsom said he was ready to fill the vacancy on the california supreme court caused by the retirement of justice ming chen. >> as a lawyer and a judge, he's built an irreproachable reputation as a person of fortitude and fairness. a man of inner strength, grace and compassio. >> reporter: his nominee, justice martin jenkins, currently the governor's chief legal adviser. if confirmed, jenkins would be the third african-american and the first openly gay man to sit on the state's highest court. jenkins was born in san francisco in 1953. he went to san francisco city college. later graduating from santa clara university where he played football. he played pro football for the nfl's seattle seahawks cutting his career short to attend law school at usf. he was law clerk in the alameda kbounty clerk's office where he later was a deputy d.a. elevated to the alameda county superior court in 1989. jenkins had a message for young

people who may be struggling with their identity as gay, as he once did. >> i want these young people to know that living a life of authenticity is the greatest gift hat you can give yourself, and if you do that, you too will find yourself in a position where people see you, they really see you in who you are. >> reporter: the dean of the usf law school says justice jenkins will bring humility and compassion to the state's high court. >> we need to understand -- be able to empathize with people. so -- so understanding where people are coming from and what the context is and how the laws work in practice is very important. >> reporter: the governor said fighting wildfires continues to be a top priority along with containing the spread of covid-19. the positive infection rate remains under 3%. hospitalizations have decreed by 13% in the past two weeks. david louie, abc 7 news. there's a chance of a storm in the seven-day forecast.

spencer has a look ahead at what coul

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lots of changes in the forecast, right, ama? >> oh, yes, spencer christian's here with all things to come. spencer?

>> oh, yes. ama and dion, it's going to look and feel a lot more like fall in just a matter of days. tonight the usual clouds and fog. lows in the low to mid-50s and tomorrow a bright day much like today, warm inland with highs up to 90. mid-60s on the coast. look what's coming our week, midweek, a big cool down. temperatures will have dropped 15 degrees or more for some inland areas for the highs and then on friday and saturday, we may see some raindrops, as a little system from the pacific northwest sweeps through and produces some light rain. so, get ready for fall, fall-like weather that is. fall is already here. dion? >> can't come soon enough. spencer, thanks. all right. let's turn to sports. larry beil is here with baseball. larry? >> yes, ama, dion, you've heard the phrase "be careful what you wish for." well, the a's, they wanted the astros in the playoffs, but now they got them. game one not what the a's had in mind. sports next.

now abc 7 sports with larry beil. good evening. the a's opened their a.l. division series against the team they wanted to meet and beat, the houston astros. game one started out promises for the green and gold. it did not end that way. playing in dodgers stadium, ngor davis to start crushing again. here we go. second inning off lance mccullers as the a's would build

an early 3-0 lead. in the fourth it's 3-3. not anymore. matt olson, what a majestic upper cut swing. high, deep and aloha means good-bye. the a's bullpen really struggled in the sixth. jose altuve, to get a lead. four runs given up in just 2/3 of an inning. astros score four runs in the frame to take the lead for good. the a's normally stellar bullpen gave up seven runs in this game. carlos correa's homer drove in two runs. sean murphy striking out st o goes to the et ceteras. they win 10-5. >> you feel like no matter where you are after we go into the late innings that we have a chance to come back, especially after have a pretty good offensive output early on. just couldn't do it. give them credit, they played the later innings better than we did. >> you know, it happened.

we got to look at it as we need to win 3 out of 4 games and we've done that plenty of times. throughout the seasons. and, you know, just come back tomorrow and win that game. >> they seem okay, not worried. a week ago, some like my man joe brooks were thinking and tweeting that nick mullens was better than jimmy garoppolo. those tweets have likely been deleted after last night's debacle against the eagles. play of the season so far by the 49ers. this catch and run by the rookie who may be actually able to leap tall buildings in a single bound. he's going to be so much fun to watch. nick mullens threw a fatal pick-six right into the hands of alex singleton helping the eagles to a victory. c.j. beathard rallied to end the night. the question, is mullins on the ankle healed enough for him to

return sunday against miami? >> something we'll work through this week. still not sure about jimmy. just finished with at players about 30 minutes ago, so i don't know what we'll do on wednesday. haven't talked it over with the coaches. >> i think we had every opportunity to win that game. can't have those games back. goes on your record that way, and that's always frustrating. got to deal with it today. probably will be on our minds tomorrow. but when they come in wednesdy, the only way to fix that is to do better the next week. >> off to an 0-4 stooart, the houston texans did what they probably should have done before they let bill o'brien trade deandre hopkins away. romeo crennel will take over on a temporay basis. to the ice we go. the sharks making some news. made a couple of trades with minnesota today. the wild is getting veteran goaltender devan dubnyk who will

push martinrut played 30 games for minnesota last year. they also don donato, only 24 years old. gave up draft picks. we'll see how that works out for the sharks. you know what's funny? people thinking jimmy g., oh, he can't get it done. after last night's game, how is his ankle? is he going to be okay? how soon can he get out there. >> oh, how things have changed. >> exactly. 24 hours makes a world of difference. >> all right. larry, many thanks. and be sure to join us tonight for abc 7 news at 11:00. lost his home to the glass fire while he was out fighting the flames. his story of true grit and determination. and word tonight of an internal investigation within the vallejo police department. employees come forward with a racist claim against a co-worker. that is going to do it, though, for this edition of abc 7 news. as always, you can look for the

news any time on the abc 7 news app. thank you so much for joining us this evening. i'm ama daetz. >> and i'm dion lim. for spencer christian, larry beil, and, really, the entire abc 7 news team, we appreciate you tuning in. have a wonderful evening and we will see you right back here on abc 7 at 11:00 tonight. to the best bargains ever at ross! yes! oh, yeah! yep. yesss! savings on savings on savings? that's yes for less. at ross.

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