a noisy protest night for republican meg whitman. good evening i'm julie haener. >> and i'm frank somerville. condoleezza rice joined meg whitman and protesters were there as well. heather holmes live tonight with our report.

>> reporter: about 150 protesters were on this side of the street. she brought in a republican heavyweight for tonight's fundraiser. >> we have just 42 days left. 42 days, 11 hours and 12 minutes to be precise. >> reporter: it's not quite the home stretch but it's close. with the election day clock winding down, meg whitman told the crowd she's the right choice for sacramento. tonight's grand event in the grand ballroom included a rack of lamb dinner. >> meg whitman has got to be the next governor of the state of california. >> reporter: condoleezza rice, now a professor at stanford

university shared the stage with whitman and the two women talked about their common goals for california,including the state's educational system. >> if we don't educate our kids they are not going to be employable and that's a big problem. >> let's just get rid of all the public service are. >> reporter: jobs were also the focus outside the hotel as protesters including queen meg denounced a stand on many issues. >> people can't afford health care now. what are we going to do if they're cutting down the health care. >> if she lays off more state workers and she cuts the public services that are already done to the bone. people won't be able to get

their services they need. we won't get the infrastructure rebuilt. >> reporter: tonight appearance by rice, that only fueled tonight's protesters. i'm heather holmes, ktvu.com. the first debate for whitman and brown is scheduled at 6:00 next tuesday. ktvu news is the only bay area television outlet that will broadcast that debate live. boxers own campaign announced that michelle obama will visit los angeles on october 20th. boxer is holding a slim lead over fiorina. 6% are undecided. san francisco supervisors voted today to expand exan

existing law that restricts trug stores from selling tobacco. right now the law applies only to stand alone the drugstores. but a judge deemed that unfair. the board must take a final vote before the bill goes to to mayor newsom. the mayor newsom had threatened all along the veto the legislation saying it would hurt thousands of business and cost jobs. a new push is under way to resume executions perhaps as soon as as next week. the state attorney's office says that corruption officials have modified the execution proceedier and that a federal

judge should list it's moratorium against it. a judge said he will rule on that request by friday. if the judge is satisfied with the state's new protocall. brown could become the first inmate executed since 2006. the state says it has scheduled brown's execution for next wednesday at one minute past midnight. we got a close look inside. >> reporter: the new lethal election chamber in san quentin may soon be pressed into service. the new chamber is in what used to be the visitor center. the green gurney remains the same. it would be california's first

execution in almost five years. >> we're following the regulations to the t. >> reporter: executions in california have been on hold since 2006 since judge furgole ruled that the the death penalty is cruel and unusual the punishment. >> we are preparing for an execution, we're preparing to facilitate one next week. >> reporter: the chamber room is much like a hospital area. the new facility has a relevant thetives area. before everyone was crowded into a room. >> it's night and day, much larger. >> reporter: in the drug infusion room, four tell fen lines have been enstall --

telephone lines have been installed. death penalty opponents sea it's a loss of money. whatever judge fugall rules, the other side surely will appeal. if you're looking for more information about california's death are row go to ktvu.com. go to the slide show tab of our front page. >> police have released a sedge wanted for two separate attacks. the female victims describe the man as african american with a medium build. police say he robbed then sexually assaulted two women and they say he was armed. both attacks happened around secluded areas.

senates blocked a vote that would have ended the vote. as randy shandobil reports, today's vote could repeal don't ask don't tell for years to come. >> reporter: perhaps, senate democrats attached the provision to repeal don't ask don't tell to a popular defense spending bill. still, every republican voted no. >> the motion is not agreed to. >> reporter: the bill needed 60 votes but got only 56. a couple of republicans including mays and susan collins say they want to repeal don't ask don't tell but voted no nonetheless. >> i find myself on the horns of a dilemma. >> reporter: because republicans accuse democrats of forcing action now before the november election.

>> this is a blathen political ploy. >> we have thousands of americans who are patriotic who want to serve who happen to be gay or lesbian and you're telling them you didn't. >> all you have to do is say three little words, i am gay and suddenly they want to p push you out. >> reporter: zoe dunning came out as a lesbian before don't ask don't tell. the military tried to force her out. >> i'm really crushed, i am. >> reporter: why is today's vote -r so tkáefr stating? buzz their -- vote so devastating? this was our window of

student and we missed it. >> elaine duck sessions to vote on something so controversial is almost unheard of. another bill known as the dream act also failed in the same vote. it would have allowed young people who are under 16 to become sit sáeps after spending two years in college or in the military. they also would have had to be in the united states for five years and have a high school diploma. sponsors plan to make the dream act the first -- for a time today, visitors to twitter.com found that moving a mouse over a link could cause third party websites to open. the attacks began at 6:30 this morning and took four hours to fix. >> these type of takes are

probably going to keep coming on twitter particularly. and while security and a bunch of other features are catching up to the user base. >> reporter: users are advised to always keep an eye of what's going out under their name. our chief meteorologist will join us with tomorrow's forecast in less than 10

the budget is now 83 days overdue. that is a new record. a government watchdog group says californians are getting fed up. >> one of the things that i think is really frustrated californians isn't just that we've had more longer later budgets, but when the budget gets done they didn't come with a better answer than they could have come up in june. >> reporter: legislators may not reach a deal until after the november election so they don't have to pay political consequences for how they vote on a budget. proposition 45 would make it easier to pass a budget by

replacing the current 2/3 vote with a simple majority. raising tacks would still require a 2/3 vote. opponents call proposition 25 a power grip. and it happened at about 6:50 6:50 in the community of el vizo. police say a 25-year-old man was riding a bike when he was struck a killed. investigators say they haven't located any witnesses. a nonprofit that helps the needy say it's seen it's donations get smaller and

smaller. it's here at its cupertino headquarters where people with come for food, money and assistance. but now this nonprofit is in need itself, san jose has cut its funding. 2,000 empty grocery bags were placed in front of san jose city hall. they respect the people west valley says will not receive help because san jose has cut $155,000 of support to the agency. >> your have pasta and beans, rice, powdered milk and fresh food and vegetables. this is something our families get on a daily basis. >> we don't have that much money. >> reporter: so what happens if you don't have this bag of food? >> you know, i don't know what

to do without that service. >> reporter: west valley community services serves 6,000 people a year. officials say san jose is the only city that cut its funding. >> you think that by paying your taxes you would have something to fall back on. and san jose has basically taken it away. these are the two zip codes that don't have anything to fall back on. >> reporter: the budget has been passed. and $118 million in cuts were made along with lay offs. >> and we had to cut everywhere. >> what are the chances of them getting some of that funding restored? >> i think the chances are slim and none. because next year is not looking good. >> the mayor says all nonprofits have to look elsewhere for help. >> citizens of this city and the this country have to take care of each other. we let anyone go hungry. >> west valley community services worry that their

upcoming holiday assistance programs would either be reduced or eliminated and it is the children who will feel it most. >> reporter: the friends of a san jose teenager gather this evening to remember him at the spot where he died. they brought flowers, held candles and shed tears for him at the intersection of o' grady drive in south san jose. the accident happened around 3:00 many morning and police say the driver 18-year-old mitch pennings was under the influence when he crash the ford explorer. he survived but his passenger was killed when he was trapped inside the burning vehicle. >> he was a good guy. he was in a little trouble once in a while. definitely did not deserve this. definitely not. >> reporter: the driver was arrested for felony hit and run and vehicle manslaughter. the coroner has yesterday to

release the identity of the victim. and it's taking it's argument to court, the city council wants the to pull funding for the project which is about $43 billion. it wants the governing body removed. city council plans to challenge the -- came out today listing diners favorite places to eat. it also pointed to two dining out trends that are signs of the times. mike mibach explains. >> reporter: the kitchen of a san francisco classic. the chiapino express, the service spot on. yesterday's special is called the recession, the focus of this dish is what did it taste like today and what does it taste like now. >> i think people are being pup

more careful on what they spend. they are cutting off bottles of wine which are pure profit for the restaurants. >> reporter: a consumer driven edition is out, and residents ate out 2.3 a week. before the recession it was 3.2 times a week. despite the drop, restaurants have opened. >> the best places in the city are just little hole in the wall places that don't look like anything. >> san francisco resident taylor smith says he's noticed the the prices have dropped. they have. the average price of a meal in san francisco 1.6% . 80% of bay

area diapers want organic options available. it's the doors to the san francisco staples that will most likely always stay open. in san francisco, mike mibach, ktvu channel 2 news. the survey once again ranks gary ddunco as the number one restaurant. and you noticed it was cooler today. there was some fog this morning. the sun came out this afternoon.

despite the sunshine, temperatures below where they were yesterday by 8 degreesful a little more fog tomorrow, a little cooler in some places -- yesterday by 8 degrees. 40s, upper 40s and low 50s. the fog tomorrow morning not as extensive. when you wake up there's going to be a lot more sunshine early, despite that temperatures are still going to be on the mild side. temperatures as you go through the afternoon, a nice day but not that warm. but in the five day forecast, i've got some very warm days to show you. i'll be back here in just a little bit. a just released study for the national transportation group confirms what bay area drivers already know. some of our roads are among the worse in the nation. 65% of streets and roads in antioch are rated in poor condition.

64% are in san jose. and 54% of the payment has problems in santa rosa. the groups said drivers in that area spent $150,000 more a year than drivers elsewhere to operate their vehicles because of the rough roads. still ahead tonight. new information about a murder investigation that led a driver from a pa our real national pastime?

saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online. last night at this time we were telling you about this arrest after a woman's body was found inside a car at an apartment complex in american canyon. but at that time details were few. well tonight we have new information about what happened. it comes from vallejo police. they say the woman was killed

by her boyfriend. investigators say richie campoo was beaten to death. her boyfriend williams ubando39 is now in jail. they say ubando flew into a range when campued tried to break up with him. he then drove around with her body. developing news from richmond where a suspected chase of a stolen car ended with a cash and fire. the chase came to an end when the car crashed at about 8:30 this evening. the truck caught fire and the flames then spread to a near by building. police say there were two people in the car, one was taken to the hospital with major injuries the other was taken into custody. damage to a mini mart was

described as moderate. 75-year-old joan rosenthal was found shot to death just outside the door of her home. police have spent 4,000 hours investigating but have found no suspect. anyone with information about the killing is asked to call tibur, if, o tv. the federal reserve took no action today leaving rock bottom interest rating unchanged. and in a challenge, the government suggested it's more worried about the prices dropping than rise -l. one of the president obama's top economic advisor summers is leaving. summers is the director of the economic council. he plans to leave at the end of

this year to return to harvard kwraouft. summers is the third high level member to leave amist the economic crisis. retail wal-mart is looking to expand in the bay area possibly even in san francisco. the chronicle and others are reporting that wal-mart is considering some smaller stores selling mostly groceries. details could come next month at a meeting in arkansas. wall ph-rt mart might have trouble in san francisco because the city generally opposing pix box stores. pg & e told the cpuc in 2007 that the buried pipe section was an unexpectly high risk and needed to be replaced. the replacement once scheduled for next year is now set for

2013. >> we did further evaluation of that line. including excavating parts of line to hraopblg at it enensure that the line was in good condition. south san francisco officials say they want to know more about the pipe section so they are not satisfied it is not a concern. we have continuing coverage of the san bruno pipeline explosion and fire on our website. we posted the pg & e pipeline list at ktv u.com. here is pg & e's hot line. you can also call to find out if your home is within 500 feet of an underground pipeline. the word is out on a simple trick that will get you a free ride on munni. we'll tell you what officials are doing to try to fix a are doing to try to fix a u owi stgoth n csechkint al?ye cckhiou

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san francisco giants fans, boy they are optimistic that the team is going to make the play offs so much so that when play off tickets went on sale, they were sold out within an hour. they are only 11 games left, so every one is crucial and mark will tell us how well the giants and padres did tonight. a tkphreufp with a new fare gates in san francisco's underground station, the problem started with the roll out of a new clipper card and have only gotten worse since then. ken wayne line in the city with our report. >> reporter: munni says it is

aware of the problem but a permanent fix to the glitch and the clipper fare gate system is still days away. it's as simple as a wave of the hand. that's all it takes to open the wave hand. nummi says it's known about the glitch but now news has been brought to their attention. nummi is hoping to have a solution sometime in october. >> what we're doing right now is working on some software to make a technological change. >> reporter: officials were also on hand at the civic center station to guide passengers to the purchase of

calls. riders we spoke with said overall they like clipper. as of this evening a metropolitan transportation commission says 60,000 commuters have signed up for clipper. >> i love the car, because i catch the bus after i get off of bart so i don't have to have to try to get change for the bus. so i just have this one car. >> this is delay when you take off online. it's a little annoying but they're working through the problems i'm sure. >> nummi says the cost of fixing the fare gate glitch will fall on the vendor not nummi. it shouldn't come out of nummi's budget. ken wayne, ktvu. -- today, ford said he hasn't had any discussions with washington officials and for now and the future, his focus is here. across the bay, ac transit

board of trek tors -- board of directors have being considered drastic cuts. this round will be too much. patty lee is live now in oakland with the story. patty-- >> reporter: we are live at 14th and broadway. we've been talking to bus riders who say they used to complain about buses slower to arrive now they're worried if they show up at all. ever since his body paralyzed, ralph has counted on bart. the proposed cuts would save the transit agencies more than $12 million by eliminating all but main bus routs on weekend and eliminating four of the six lines. >> how are we going to get to the movie, how am i going to get to your house?

how am i going to get to the babysitters. >> reporter: these protesters showed up this afternoon to demand a face to face meeting with the board of directors hoping to convince them to vote against the cuts. this mother of three wanted the board to understand how the cuts would hurt her family and thousands of others. >> we all ride the bus and we're tired of the service cuts. the fairs are increasing and the service is decreasing. >> reporter: board member chris peoples listened, then explained he felt their pain. but with the district at an impasse with union drivers and mechanics and facing a $56 million budget shortfall he says the board is just about out of options. >> and we're talking 25, 30,000 people. that's the number of people that -- we know that and none of us are happy about that. this group of teenagers say they understand what it's like to have no money. but wonder if the price paid

for these cuts will be too high. >> i go to school in the evening so i'm not going to be able to get to school. it's going to be hard. if these cuts to service are passed tomorrow night, they will be the third round of cuts to aif he could ac transit route just this year. eight city officials in the los angeles suburb of bell were arrested today in a scandal that has drawn nationwide outrage. the los angeles district attorney announced the arrest this morning. the mayor of former city manager and six others are accused of taking more than $5.5 million for the working class suburb. the eight are facing dozens of suburbs including illegally paying themselves enormous salaries. the campus is one of 21 organizations chosen to create

so called promise neighborhoods. it'll receive grants to set up birth to career services to careers in need. well you might say no more home on the range. the controversial round up of wild horses and what's happening now because of pressure from congress and animal rights groups. then it cooled off today but it did warm up. i have a five day ú

police in oak london tonight responded to a deadly shooting just a few blocks from highland hospital. investigators haven't released a lot of information yet but it

happened around 6:30 tonight. no word on the victim's identity or motive for the shooting. a police spokesperson says so far investigators have not made any arrests. a troáersable round up of wild horses and burros in northern california has ended. a bureau of land management has gathered 160 horses north of susanville. one of the programs goals was to thin the herds because there isn't enough range land to hold them. but the bureau has asked the national academy of wild horses to hold them. the deaths of nine service members is the greatest number of casualties in a helicopter

crash there in four years. at the vatican, authorities seized $40 million from the vatican. back in the 80s the bank was found in a mayor scandal. in mexico, at least eight people died after a hillside collapse following hurricane karl's heavy rain. in all 15 people have died as a result of the hurricane that came on shore last friday. this has been one of mexico's deadliest rainy seasons on record. former president bill clinton opened the annual meeting of the clinton global initiative in new york. mr.clinton called attention to disaster relief. including haiti, the gulf coast and pakistan. >> there is every reason to

believe that the incidents of economically devastating natural disasters will increase in the world. last year more than 5,000 people were killed indistracted driving accidents in the u.s. amus jackson 16-year-old daughter died in a car crash while she was texting on a phone. >> we can't live without them. but i remember when i didn't

have a cell phone, i lived without it. california has some of the nation's toughest distracted driving laws. the surprise group that came out today

scientists have a considerable mystery to solve about a whale that came on shore. scientists say they don't know what kind of species it is. researchers took a sample to conduct a dna analysis to see

if it's a hybrid. with exactly six weeks until the november election, supporters and opponents of proposition 19 are dualing in public over the marijuana initiatives merit. as ktvu's sal castaneda reports, both sides made their arguments today while one side picked up support from a group some might consider surprising. >> reporter: proposition 19 is all about marijuana but today those for and against the measure were talking about education. >> educating the public about the harmful effects of marijuana is important. >> reporter: this is all about education. and this is the process happening right now in california. >> reporter: proposition 19 would make it legal for adults to possess, grow and transport marijuana for personal use. cities and counties could also tax commercial growers who sell it legally. they can also ban it in their community. former new mexico governor gary jackson was for legalized marijuana while in office and has now come to california to

campaign for prop 19. he says it is good legal policy to legalize marijuana and use scare resources for other things. >> a whole lot of police activity, law enforcement activity will go into arresting individuals that are committing real crime. >> those who oppose proposition 19 would violate federal law and force police departments to choose. >> the police departments won't know who to cooperate with. do they cooperate with the federal authorities? or do they turn a blind eye? will they be liable if they cooperate with federal authorities. >> reporter: all the debate may not mean much, people in oakland today say they have made up their mind. >> i don't think that's a good idea. i think that it should be used for medical purposes only. >> i'm for it. i'm for it, i think it should be legal. it's a medicine, it makes people feel good. >> this should have happened a long time ago.

seems like a good way to bail out the state of some dire financial straits. >> reporter: a coalition of medical marijuana providers came out against prop 19 saying it could spur cities and counties to ban marijuana for all uses. in oakland, sal castaneda. environmentists today posted a list of so called trash hot spots. the group save the bay pinpointed 225 locations that they say need help. state and regional quality agencies are now mandating that cities permenantly cut trash in these locations. the new rules call for trash reduction of 40% by the year 2014 and garbage must be totally eliminated within 12 years. but some cities say they don't have enough money to fund such

programs without sacrificing other much needed services. and there's fog at the coast. right now in oakland, a mild 62, san francisco 63. here's the forecast as it goes tonight. it's going to be cool in some of the north bay rallies. upper 40s. some fog but not a lot. we have a mild wednesday in store what that means is temperatures just like today. 70s for most of us. forecast highs, we're not looking for 90 tomorrow but we're looking for temperatures similar. it sticks around one more day, tomorrow. and then it goes, and when it goes it sticks around here. the low lease leaves a big vacuum. as air sinks it warms. that's where we're going to get a classic warm pattern. and then also pushing the fog away from the coast so that offshore flow basically will just increase temperatures as much as 10 to 15 degrees.

tomorrow like today and then that high builds in and temperatures really start to pop. tomorrow for wednesday you move through the bay area microclimates, mid-60s around the bay. 67, 68 in alameda. you head out toward concord, 75. clayton seven # and this is where you top out as you head toward stockton and modesto and out toward vacaville. temperatures tomorrow on the mild side. it'll be a mild day tomorrow. forecast highs a little cooler than today or about the same. not much of a change and then the increased in temperatures will be most noticeable thursday, friday, saturday and sunday. 74 in danville. good air quality, lessened fire danger as we often talk about. because you see, it's easy to forget but we are in the height of fire season. this is unusual that we're this cool. it's unusual that we've had such few fires this year. it's been a cool summer and

tomorrow will be good for firefighters. it's a higher humidity. lower temperature day. as we head through time here. we'll notice higher humidity and offshore winds. definitely a mild day tomorrow. patchy fog, nothing like we had today. warmer on thursday. >> that's a great looking weekend too. >> thank you, bill. the san jose police department has made significant cut backs in its support for the police athletic league. it takes five officers and an administrative person to fully staff the program but as of yesterday, three of those officers were returned to patrol duty because of the city's budget crunch. san jose pal serves about 700 children.

our real national pastime?

saving money. and like baseball people love their stats. i started bringing my lunch to work -- 50 bucks a week in my pocket. here's a good one: state farm insures 40 million drivers. more than geico and progressive combined. i saved because i'm accident-free. of course, with so many ways to save including discounts of up to 40%, having that many customers shouldn't be a surprise. so ask a neighbor about state farm, then call an agent at 1-800-state-farm or go online. mark joins us now with sports. the pressure is on. only four more games. >> hard to believe. aubrey huff, pat burrell, jose

guin but his best pick up is picking up the phone and saying, bring posey out here. when they do get it going, pitching and defense like that. freddy sanchez that's a beautiful play. backing up matt cane. jose guine meets the offense head first. 6innings of shut out play for cain. ticket to ride buster posey solo homer. providing a 1-0 win. brian wison with his 44th save. padres would not budge as the dodgers again plead not guilty down south. san diego easily ryan ludwick

with a two run single. clayton richard an eight hit complete shut out for the padres who remain a half game back of the giants in the west. as for the a's here in oakland just continue to swing easy, play hard as the calendar winds down. and it's hard to resist. 23-7 gets manny on a phase. another youngster as juan pierre not so lucky pierre right there as he bangs into the wall. 2-1 score, and the crew 7-2,

super bowl champs get out of candle stick park. reggie bush last week he loses thheisman trophy. bush injured his right leg in a scramble for a lose ball someone fell on his leg fracturing it in the process. >> well from the brink of disaster and now back to starting quarterback back in the nfl that would be michael vick named today as the quarterback for the eagles when kevin kobb was entered a few weeks back, vick stepped in. continued to do so again this sunday. vick is now the permanent guy. permanent number one guy, permanent anything gets in the nfl as a quarterback. that's the sports life for a tuesday night. pretty remarkable story there. >> someone has seen the highs and the lows. >> extreme lows, that's right. >> and still no starter yet for the raiders sunday. >> coach cable will make his decision and i think he's going

to go with cammable but gregskowsky ready to step in. >> so