women in walnut creek being warned after the fourth sexual assault at the same apartment complex. we will fill you in with the details in a live report. >> plus, more memorials for victims of the san bruno fire. we will look at where the investigation into other pipeline stands this friday, september 17th, today in the bay. >> per good morning. 4:30 and thanks for waking up with us early. let's start with rob with a look

at a cool forecast. >> over the next couple of days, temperatures will be cooling off and it's muggy outside in the east bay. 63 degrees in oakland and mist falling with the low clouds amount of quick check with 67 degrees to start off the morning and the golden gate bridge commute with fog towards the peninsula. that shows you we have action towards the northwest. that aims in just to the north of the ukiah and itville showers to the south. around dublin, 78 degrees and pleasanton to 82 and livermore to 82. east bay locations like richmond and oakland in the 70s. pleasant hill will be in the 80s and pitsburg is 82. the first half of the weekend is looking drier. sunday plan on a few showers to see what you can plan on for the

friday commute. here's mike. >> hopefully we are planning on friday light, but muggy or not, some folks decided to go for a walk. three to five juveniles are walking along 880 at the 92 interchange and now chp is talking about holding up traffic. overall they are showing close to the limit. no problems as far as a show off the freeway in the east bay. along the nimitz, a light volume and headlights show a lot of spacing and getting over to the san mateo bridge is smooth. a nice easy drive with the tail lights amount of lost fog that might impair yow view. >> no movement overnight means california set a new low for the longest budget impasse ever.

this is the 79th day the state has gone without a resolution to a $19 billion dollar deficit. lawmakers huddled for hours with no deal. democrats and republicans remain in the standoff over whether new taxes or spending cuts are needed to close the gap. the governor said given the impasse, we may not get a budget before the november elections. both sides will be back at the table today. police are on the hunt for a man behind another sexual attack at an east bay apartment complex. christie smith has more. >> reporter: good morning. this is not one or two or even three times, but this is the fourth sexual assault reported at the same complex and even as the man accused in the earlier assaults is still in jail even this morning. this is at the park regency apartments on oak road.

the latest was reported yesterday evening around 6:00 p.m. a woman in her 20s attacked while alone in her apartment. it's unclear how the man got in. so far no description is being released. they believe the case is not related to three others that have occurred here since june. last month they said the dna testing linked a berk lehman to a july sixth rape and charged with attempted rape in two other attack. he pleaded not guilty and family members said he wasn't even in the area at the time. he is still in jail right now. meantime women here are reminded to be careful. of course report anything suspicious. that's the latest from here reporting live in walnut creek. christie smith in the east bay. >> a berkeley man remains in jail after being arrested on changes related to three other

attacks. the 22-year-old pleaded not guilty to rape and other counts. the attacks happened at the park regency apartments on oak road in june, july, and august. if convicted he could face a maximum sentence of 25 years to life in prison. sorrow in san bruno. funeral services will be held for jacquelyn greg and her 13-year-old daughter, genessa. family and friends gathered at st. cecilia's church in san francisco. they were at home when the explosioner to through. friends are shocked. >> no matter what, we were always there and always will be there for one another. god, thank you for jackie. >> jacquelyn's husband and son

were not at home when the explosion happened. they were at a back to school night. we now know the names of three more victims of the fire. this is a picture of the 50-year-old and his son. his 80-year-old mother had been missing since the explosion. the family released a statement that said at the residence the remains of two male victims and one female was discovered. though still awaiting results, it is with heavy hearts they announce the passing of la von, greg, and william. >> four others suffered serious burns when the inferno erupted. one is still in critical condition and two in fair condition. a fourth was well enough to leave the hospital. amid the devastation there stories of courage and bravery. bob and his son risked their lives to save 96-year-old mary

sweeney. she and four others were trapped inside an assisted living care home on vermont way. he went in twice and on the second entry found sweeney in the back of the home. >> when i went down the hall way and saw you in the room, i said oh, my goodness. >> and you help mead get out and thank you. >> you are very, very welcome. >> he said he and his son don't see himself as a hero, just doing what was right. >> they have hundreds of pipelines, nearly 300 miles of pipeline needs better inspection. that's not expected to be completed until 2012. the feds do require utilities to inspect pipes in heavily populated areas and it takes years to get to all of them. they may soon ask pg&e to speed up the process. they will not reveal where the

lines that had been inspected are located. a decision on whether to move the chauncy bailey murder trial expected next week. he is changed with murder for allegedly ordering the oakland journalist killing as well as two other men in 2007. another man has been charged. attorneys for both men argue that media coverage of the killing jeopardized their right to a fair trial and they want it moved to southern california. prosecutors want it kept in oakland. a robbery suspect is in critical and stable condition after concord police shot him after he pulled a gun. it was a realistic looking toy. yesterday an officer spotted the man in ash bury drive and recognized him as a robbery suspect. investigators say when the officer tried to detain him, he lifted his shirt to show he was carrying what looked like a hand gun. after a chase, the man pointed

the fake gun at the officers and they then fired several times. the suspect is hospitalized in critical, but stable condition. >> we'll take you out for an update to hayward. the folks walking on the freeway has been escorted off and there was no overnight closure for 880 at 92 as there has been for the previous days. friday light expected for westbound out of the pass. 13 minutes through livermore, pleasant and dublin. we will see if there is slowing, but it won't be long or severe. out of town eastbound will start at about 2:00 or 3:00 and later through livermore. it jams up and south of here, a lot of folks use it for the morning commute as if we catch any. northbound headlights and the southbound side is where we will

have that express lane. the lane through the area and that toll lane will open on monday. they have to finish what to do-over the weekend. the bay bridge is working to the city. if you are working to the city or heading there, oracle world starting on monday. it started at 8:00 and continues on all next week. there will be a lot of activity starting at market. overnight we had a fog advisory as well. a lot of moisture out there. >> i saw it on the drive in out towards the dublin and 586 interchange. in oakland, we are seeing low clouds and misty skies and what will get your attention is how mild we are starting off. look at the temperatures. 67 this morning in san jose and lots of mist and low clouds across the golden gate bridge. it will feel mugy and no need for a jacket in the morning. i don't think you will see the

umbrella today except northward. a chance of showers today. here is the weekend forecast. most of saturday is dry. we go hour by hour and what's left of the cold front drapes through and fizzles out. that will be early afternoon sunday and by monday, things will be dry. the system heads off to the east. livermore will see highs in the 70s and 80s. this is going to be more sticky as the humidity has come up with the south winds and the clouds off the ocean. highs inland at low 80s. the weekend will be dry to start except for the far north bay and showers through the bay area midday sunday. developing new this is morning. a potential threat against the pope lands five men in jail. we are getting reports from the british media about these arrests. pope benedict xvi in london on his second day of a british

tour. his four-day visit is clouded by sex abuse scandal and the opposition to many policies. the pope is not hurt and the men are in jail. the nature of the threat, we don't know. >> the time now is 4:42. a disturbing murder-suicide at johns hopkins hospital. what investigators spurred a son to kill his mother, then himself. new york cleens up from a fierce summer storm. the latest on the damage and the death toll and where did your cityrate we will see the most expensive cities in the world. to improve schools. but the drop out rate increased 50%, and the state had to take over the schools. fact: the city controller found employees paid for 22,000 hours... they never worked. fact: brown promised to cut crime. but murders doubled, making oakland the 4th most dangerous city in america. jerry brown. he just can't deliver the results

california needs now.

>>ar a live picture of oakland where we are looking at reasonable highs and 80 in walnut creek and 82 in concord. rain is coming this weekend. at least one person is dead from a powerful storm in the center of new york city. the winds up to 100 miles an hour, knocking down trees and crushing cars and putting power to thousands. one person died when a tree fell on a car. branches flying everywhere. the storm hit at the height of rush hour. >> good morning. going out to the east shore freeway, this is friday and generally speaking, lighter volume overall. the east shore freeway will show

its slowing and not quite as severe as earlier this week. getting out of town will be crowded. for the morning commute, starting about 3:00 in the evening, folks are slowing heading north. east for 80 and north for 680 out of town for sacramento and tahoe. those are popular getaways for folks in the area. still going to start showing early slow downs through antioch. a street over to l is moving smoothly. you get the break and more slowing around pitsburg and pay point. they are close to the limit. we will watch the friday light all-around the bay area. back to you. >> police searching for three men who staged a take over robbery at a video game store at the game stop on contra costa boulevard. three masked men took wallets and cell phones from customers

and cash and merchandise from the store. nobody hurt. the men got away and may be involved in several other similar robberies over the past two weeks in pleasant hill and concord. police searching for a man who robbed a movie theater. it was at the contra costa cinema. a man confronted them in the manager's office and demanded money, acts as though he had a weapon. he left with the cash. police say movie-goers were unaware of the robbery. >> now to news of the bottom line stocks. courtney reagan live at cnbc world headquarters with a look at what's happening before the bell. >> good morning. a nice way to start off an early friday with futures higher as we wrap up and what we are seeing with the higher features could be due to the strong earnings we got last night from oracle and blackberry maker, research in

motion. asian markets rose and we get two economic reports on consumer price inflation and sentiment. it's also what we call a quadruple witching day. they expire at the same time. that typically leads to more market volatility. the dow was up to start trading today at 10,594. the nasdaq posted two points to the upside to trade at 2303. we find out whether share holes at unite and continental voted for the merger. if approved, it could close in two weeks, creating the world's largest airline. there a few hurdles. the judge shares to block the murder. passengers claim they could lead tofuer flights and higher fares. cell phone use continues to grow. 8 out of 10 as every adult has

cell phones and many have smart phones. surprisingly few users download aps. what do they do? 76% use the phone to take pictures and 72% to text and 38% to access the internet and 34% use e-mail and 29% use aps. the most popular aps are games, news and weather and maps and navigation, social networking and music. apple's latest it product officially available in china. despite early morning rain, dozens waited outside an apple store for the i pad. the product launched at china's second flagship store in shanghai. customers don't seem to mind the 20% mark up from u.s. prices. they were excited to get their hands on the hand held computer. we are hours away from a permanent seal to the blown out

well in the gulf of mexico. overnight incident commanders said engineers connected the relief well with the main well and they're ready for concrete to be poured in. it could be done by the end of the weekend. oil has not flown out for more than 60 days, but it is still washing ashore. this picture taken off the louisiana coast. people who live there say shutting the well is great, but by no means the end of the disaster. >> we have got so many issues. we have the oyster fishermen and the shrimpers and the crabbers and people doing great, but when bp leaves, we will be doing horribly. >> there is an ongoing investigation into the explosion on the deep water horizon well. the failed preventer is being examined at a nasa facility near new orleans. two people dead and a doctor recovering after a shooter opens fire in one of america's best

known hospitals. the man upset over treatment doctors were giving his mother. he shot the doctor and then his mother and then himself. police now say the gunman was 50-year-old paul warren part us. the doctor had given him distressing news about his mother's condition. >>. >> we heard about what republicans had said about raising taxes and we will hear what americans have to say. more than half the public wants the rich to pay higher taxes. tracie potts reports on whether public opinion is going to have an impact on whether we see a tax vote before elections. >> president obama said preserving tax breaks for the wealthy, the republican plan costs too much. >> they want to spend another $700 billion that 98% of americans will never see. >> i don't think i want to put my grandchildren into debt.

>> the pressure is on. republicans insist on dealing with it before november's election. >> she ought to pledge that you are being honest. up or down votes on all of the coming taxes. >> here's why it's a big deal. they report 1 in 7 americans are now poor, the most ever. a new private analysis said letting the tax cuts expire means a family of 4 making $50,000 would pay washington an extra $2900 next year. that's a problem for democrats. >> it's still about barack obama and as agenda and that remains a fundamental problem. >> the administration is fighting back. the white house releases a report on 100 stimulus projects that are creating jobs across america. tracie potts, nbc news, washington. >> now for a look at what's coming up later. brent cannon is in the newsroom.

good morning. >> everybody wants to know what sparked last thursday's deadly blaze in san bruno. how investigators are responding to the latest about what caused the possible spark. there is a special group of people who will hit the road for a good cause and we will let you know how to help and possibly meet a celebrity singer, joe jonas. we have an early look at the newest game from playstation. that's coming up in a few minutes. >> a super cool gadget friday. you think it's expense testify live here, swiss bank ubs released the list of the most expensive cities in the world and the bay area is not on it. oz low, tokyo, copenhagen rounded out the top five. new york is the only u.s. city on the list. stockholm, toronto and montreal on the list at 8 and 9. london rounds out the top 10.

the raiders's first home game is sunday and if you want to see it, you have to go to the coliseum. the silver and black is blacked out. it's a game they should win against the rebuilding st. louis rams. police are looking for a man who attacked a woman in an east bay apartment complex. christie smith has the latest on the search. christie? >> good morning. sheriffs investigators are concerned and say this was a sexual assault and a home invasion. a woman home alone in her apartment in her 20s. they are not sure how the man got in. this is happening at the same complex where similar assaults have been happening since late june. the park regency apartments. the latest was reported last night around 6:00 p.m. it doesn't appear that anything was taken from the woman's apartment and so far they are not releasing suspect

descriptions this morning. three other assaults happened here since late june, but investigators don't think they are related to this last one. prosecutors say dna did link a berkeley man to the assaults and he is charged with two attempted rapes. we should mention she still in jail this morning. he has pleaded not guilty. meantime women of course being urged to be careful and watch their surroundings and report anything they think is suspicious. live in walnut creek, christie smith in the east bay. and rob joins us with a look at weather. rain this weekend? >> in fact we will probably see the area with rain on sunday. a muggy and mild start. 53 degrees in the east bay and 63 in livermore and the low clouds surged inland to the pass. you will find that on your commute heading all the way to

the inner bay. winds out of the south that are helping to ump up relatively warmer air out of the south. that's the reason we are starting off in the 60s. satellite looks impressive, but the first wave will head off to the north. ukiah northbound and showers for friday. look at the temperatures. kind of warm for inland temperatures. 80s popping up around eastern contra costa. 75 for petaluma. the first half of the weekend should be dry except for saturday. sunday showers moving through the rest of the area and clearing towards monday. >> thank you. we remember the weekends of the san bruno fire. the memorial of a mother and daughter killed in the blast and the latest on the investigation into the cause. state lawmakers make history. it's not a milestone they wanted to reach. the budget impasse and what lawmakers are at odds over.

>> a mega merger in the making. the roadblock by dozens of passengers. [ male announcer ] jerry brown's good old days.

but what really happened? cnn -- not me -- cnn says his assertion about his tax record was "just plain wrong." jerry brown went out there and took credit for the fact that the people of california voted for proposition 13, which lowered taxes, which he opposed. and now he's going around taking credit for it. he raised taxes as governor of california. he had a surplus when he took office and a deficit when he left.

he doesn't tell the people the truth. a fourth sexual assault happened and a suspect for the first three are in jail. >> word this morning that a quarter of pg&e high r