thanks for joining us. >> i'm brent cannon. coming up on 5:00, much cooler these days. >> especially considering we had the numbers well above into the 90s and mid 70s in the warmest places to get the day started. the santa clara valley, watch out for showers drifting in from the east. coming up in a few minutes. mike has the latest on a tough commute. >> a lot happening. coming under the freeway and still closed after mitt midnight. no updated time and opening around 5:00 a.m. major injuries report skptd investigation continues by alameda police department. use the park street bridge as an alternate and getting over from oakland. further south at a street,

involving a motorcycle that shouldn't affect the off-ramps. that extended until 5:00 a.m. we will look for a few more minutes that. is the closure of the freeway at that point. >> thank you very much. we begin with developing news and we get new information from fresno police that they have a person in custody in connection with an amber alert. 8-year-old alyssa car denas was taken from fresno last night by a 25-year-old man. officers say the girl's mother was nearby and tried to chase the suspect as he drove away, but she couldn't catch up with him. the girl was last seen in blue jeans and a purple winnie the pooh sweater. he told at least six children he would buy them toys if they got into the car. officers say they believe the

suspect's get away car is a 1980 to 1994 fort pick up cap brown and red with a white pin stripe on the side. license plate number is unknown. they have located some suspects right now and we are waiting to find out the where knows of the young girl. >> police staffing and politics are at the center of a fight in contra costa county. we found this video on facebook. it's a fight outside that started overnight friday into saturday. just after the fights broke out, 1515 restaurant on main street and ultra lounge. the police said they did not have the manpower to deal with the incidents going on at the same time. they are using that video to try to boost their argument. >> last night bart police stopped strains at south hayward

station and searched the train and arrested a man involved in a deliberate attack on a police officer. they are looking for the main suspect. a man and the stolen van spotted the officer and ran into him. the officer was pinned under heavy twisted metal and the suspect fled on foot. >> i heard a crash and looked over and the motorcycle cop was in front of the van and being pushed. i saw him going towards the poll. >> the police officer's 10-year veteran has a wife and three children. he suffered severe injury to his leg and foot. she expected to recover. >> a suspected kidnapper with a rap sheet. his victim is home safely. 28-year-old brian turned himself

in to san jose police last night. the 18-year-old kidnapping victim was with him and police say she did not appear to be harmed. he allegedly confronted her and a 28-year-old man who lived with her in their home. the man was stand several times and law was kidnapped. he knew both victims. sheriffs deputies hope you recognize a man accused of trying to rape a woman. live in walnut creek. who are they looking for? >> good morning to you. the suspect in the latest assault is not all that big. only about 5'8" to 5'9" inches call. he tried to grab a woman in the hall way outside of her apartment. this happened over the weekend. he is a white male with brown hair and had facial hair and dressed in all black. t-shirt and baseball cap and black jeans.

this was saturday night at the park regency apartments. a 43-year-old woman was the victim here. she was able to fight him off, but she hurt her leg as she fell down the stairs. this was the fifth assault at the same complex since june. the sheriffs deputies arrested a berkeley man and he pleaded not guilty. one woman wants to move out, butt management is making it hard. she didn't want to show her face. >> nobody can move out in three days. you can be reasonable? at least two weeks so we can pack and move. they said no you can't. there is nothing we can do for you. either hire more security or do something. at least we feel safe about it. here's another look at the sketch. they are worried this may be tied to a rape that happened here on september 16th. they are not quite sure yet. meantime we wanted to point out that there is a security guard

out here this morning. he keeps walking the perimeter of that fence checking the gates. there is also another one roaming inside. so the management here has beefed up security. live in walnut creek, christie smith today in the bay. >> thank you very much for the update. >> berkeley neighbors may be able to sleep more soundly despite the fr atm osphere. they are settling with two out of 35 fraternities in a class action lawsuit. they accuse the frats of drunk and disorderly conduct that keeps neighbors awake at all hours. they agreed to cut down and do more property checks, but the remaining 33 fraternities say they will continue to fight the lawsuit. >> one month before mehserle is set to be sentenced for killing a bart passenger, his attorney is asking for a new trial.

he said after a jury found mehserle guilty, tazer international told a witness about a mistake in shooting cases. a police lieutenant shot a suspect when he said he meant to use his tazer. it's key evidence because the district attorney told the jury that no other police officer made the same mistake. the kentucky case challenges the theory. that may change a juror's mind. >> same tazer, yellow in color. same weight as mehserle's and the same location on the gun belt. everything is the same. he makes the same mistake mehserle does. we think clearly more than one juror, probably 12 jureors would have changed their vote. >> while he said it's a game changer, the attorney said the motion for a new trial is just paperwork. it is reviewing the motion and a

judge will address it november 5th when mehserle is scheduled to be in court for sentencing. >> we now when a professional poker player will stand trial for murder. the trial for earnest shear iii will begin on november 1st. he is accused of killing his parents in pleasant in march of 2008. he beat his parents to death with a baseball bat and then staged the scene as a home invasion. prosecutors claim he was deep le in debt and killed his parents to try to get their-figure inheritance money. it is 5:08 and time to check the commute. or not. >> we will see where things are rolling. we have the construction on northbound 880 coming up that picked up. you see the chicklets start to restore. that's the good news. we have a southbound 880.

westbound over towards 880 itself. reports of an accident involving the motorcycle on city streets. 880 with no lanes reported blocked. there should be no problem accessing the freeway. use the hide street bridges to the island of alameda. the tube is still closed by a 5:00 a.m. it happened around 12 time tim 30 in the morning. that has the investigation continuing on the streets. it's not damaged, but closed. that's where it opens up where the accident happened. it's still oat alameda side. we will follow that. back to you. >> back to you. thank you. >> checking in with rob. very cool start to the day. >> you need a nice winter coat in a few spots out through the north bay. we will bottom out in the mid 40s. 50s elsewhere and one change from yesterday with the gusty

winds not the case this morning. dust off the umbrellas with the upper level low. this hour across southern nevada that backs off to the west over the central valley. areas to the south and east may see scattered showers. for the sierra, it's a winter weather advisory. snow levels near 8,000 feet and a tough drive out to the high country. san jose near 72 and the best bet is seeing showers late today. it will be south of san jose and south of concord. between today and tomorrow, scattered showers for the southern half of the area. the weekend looks good. 70s and 80s starting around saturday. >> time now 5:10. a food fight in the east bay. the link that one city is going to to try to bring a grocery store to a neighborhood. >> i'm bob redell in san jose with what's being billed as the

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[ male announcer ] build your with the $2.50 breakfast combo. get a 16oz. cup of piping-hot seattle's best coffee and a savory new sunrise subway melt built fresh to your order for just $2.50. subway. build your better breakfast. meet the real meg whitman: serving on the board of goldman sachs, whitman was caught reaping millions from insider stock deals. after ebay shareholders sued and a judge cited the obvious conflict of interest she was forced to pay the money back. what kind of person would be involved in deals a fellow republican congressman called corrupt? and in her last year at ebay, whitman paid herself $120 million right before the company laid off 10% of it's workers. we're choosing a governor, shouldn't character matter?

good tuesday morning with a live look outside. here are expected highs across the bay area. oakland at 70 degrees. san jose south bay and a cool 72 in san francisco. expected high of 66 degrees. a fight is brewing over plans to bring a new grocery store to an oakland neighborhood. the city wants to use controversial powers to force a plan to close his business to make way for the grocery store. the agency is set to meet to talk about using immanent domain to take control of a west oakland auto shop. the shop owner does not want to sell the land and that prevents the grocery store from moving in. some say they are abusing powers and some say it's a way to bring the much-needed grocery store into the area. >> we don't want to use immanent domain on any property owner and

negatively affect them unless there is no other way. >> kroeger foods is current low in talks with the auto shop owner trying to buy the property, but if negotiations drag on, the city could step in. >> the state budget impasse lasted so long, california may have to start issuing ious instead of paying bills. they agreed on a way to close the gap, but they may not finalize a way to pay with real money. the state handed out 2.6 billion in ious, just the secretary time that happened since the great depression. today is the 97th day without a state budget. >> thousands of south bay students get to sleep in this morning. furloughs mean another week off of school. teachers and staffers from the school district voted to take days without pay, but that forced parents to scramble trying to pay for daycare or

send their kids to furlough camp. it's one of the cities in the city to open doors to now vacationing students. >> they had a furlough. for the kids to have a place to come for the week. >> camp is $100 and helps parents between 8:00 in the morning and 3:00 in the afternoon. the teachers have to cram a week's worth of work into the rest of the cool jeer. >> the 2010 battery technology expo kicks off at convention center. live near the center with more about the latest innovations in the high tech world. >> right behind me is the most powerful electric super bike and the most technically advanced. chip yates is the inventor. 194 horse power and 184 miles an hour. you haven't been able to take it

on the track why? >> insurance reasons. >> i'm looking at the video behind you and you can see how fast it spins. the power it's generating is doing what to the back wheels? >> the thing makes 300 pounds of torque. that's insane for a motorcycle. we put it on the horse power and it smoked the rear tire. >> how many a a's does it take? >> a bathtub full. we have got lithium ion polymer batteries that make 420 voels. keep your kids away from this. >> by regulation or law, you have a red light that's flashing in the back and that let people know this is hot because the batteries are here. what's going on? >> exactly. when you move 500 and a normal household outlet is 15 amps. this is 500 amps. there is a lot of rules to make

sure it's safe. we have red lights and a horn because people think electric vehicles are quiet. >> you are not trying to make this available as the entire unit. what was your point of putting this together? what did you want to discover? you are an emergency by trade. >> originally i started to get this on a competitive bike. they announced the championship for electric motorcycles that's what this is designed for. it's months in and the most powerful in the world. it's bigger than me. now i'm honored to work on this thing. >> very cool. appreciate it. happy riding. we will be taking it for a spin around 6:45. >> i will be good. >> the battery show, a brand-new show at the convention center opens today and runs through thursday. doors open at noon and best of

all it's -- >> free? is it free? >> yes. it is. >> thanks, bob. >> nashville spotlight is shining on california. the gop will spend $2 million in campaign ads now rather than during the final week. they hope that the new ads will help carly fiorina win the senate seat. they will air statewide and link barbara boxer to excessive spending. they have an anti-incumbent by plig up 28 years in office. a field poll shows they lead fiorina 47-41%. there is one thing that the two candidates for governor can agree on. they are not debating today. meg whitman and jerry brown both canceled the only radio debate. it was scheduled for this morning on kgo, but a representative from brown's campaign said both sides talked about the debate and they decided not to go forward.

>> 5:19 right now and let's see if anyone is moving forward. >> no progress there. the reports combines between the chp and alameda police department and district four where the tube is located. they say the two will remain closed and it's changed. there is a deadly accident reported now. someone died as a result of the accident that happened just on the alameda side. that will remain in place for at least another hour and a half. folks heading to the island from oakland, you will have to use the park or the hyde street bridges further south. 880 itself because of a light volume of traffic through the area. we'll get a live shot and show you what it's like. the tail lies southbound past the coliseum is like coming out of downtown. all the way down into the south bay. no major delays although highway 17 with the overcrossing, there was cement that was drying and

that has been picked up as well. we will see how things are shaping up. no shake to the camera. there was yesterday, but today is locking nice. rob has a change in the forecast and it's cooler. rob will get the details. step one, get into the playoffs and step two is the hard part. the giants return to practice to prepare for the braves. it has been a wild 48 hours and all this excitement in the bay area is just the beginning. the giants are now working towards a world series, but keep in mind history is not on their side. they never won since moving to san francisco in 1958. at the ballpark, the merchandise crew will be working overtime because giants gear is already flying off the shelves and the ground crew is busy with last minute things on the field getting ready for the national tv broadcast on thursday. each babies involved. >> if you want to get in on the action, here's what you need to

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>> welcome back. a cool start so grab the jacket as you head outside. it's not as windy as yesterday. 57 in oakland and a northeast wind at five. san jose with a southeast wind at six. in san francisco, 58 degrees and southwest wind at 5 miles per hour. eventually getting into the mid 60s. 40s and 50s with a cool afternoon. nothing like the week we had last week. for the east bay and south bay over the afternoon, mainly for tomorrow, a good bet of showers to the south and east and the area of rotation right now across southern nevada. it will back up across the west coast and park right in the middle of the central valley. this will make for a tough forecast for 24 hours, but for today south of san jose and liver will be the best bet for

showers. for wednesday the low will wobble to the north. areas around the trivalley and areas south of san jose on wednesday will be a better bet of seeing showers around the bay area. another cool afternoon and highs in the low 70s and maybe upper 60s towards sunnyvale and palo alto. close to 70 in oakland. mid 70s today and putzburg south and livermore will see a chance of showers. for the north bay and the hilltops with a shower or two over the next couple of afternoons. the moisture gets out of here and temperatures climb to 80s in time for the weekend. back to you. >> the franchise, the panda. we have i new name to add to the list. freestyle freddie. freddie sanchez is having a

good time with it. we caught them in the locker room after the big win. hopefully they can get the champagne stains out. >> suspects in a violent gang rape. they will have their day in court. a possible plea deal. one east bay city and officers could be spread too thin to break them up. is desperation driving police to turn to facebook?

>> new this morning, a statewide amber alert. >> a sketch is released after a string assault at one east bay apartment complex. straight ahead today in the bay. good morning. thanks for joining us. >> it is 5:30 right now and rain is in our forecast. rob is in the weather center with the details. >> especially around the hills of the east bay and south bay. that's a distinct possibility. this morning it's chilly. no worries about rain and keep an eye around livermore or san jose off to the east and south. showers are creeping in late today. in the meantime, the morning commute, not even 6:00 and we are off to a rough start. >> a number of incidents with folks traveling on and off. we have one remaining that is

traveling under 880. it is still closed. the sigalert in places around 12:20. a deadly accident on the alameda side. they remain closed because of the investigation. you use either park or hyde street. whatever you know it as getting over the water. those are open. no major slowing down, but that will start to slow folks coming out of downtown and wonder what's going on with the flashing lights on to the area. you will find slowing out of downtown through the area towards the coliseum as well. back to you. >> thank you very much. new this morning, lawyers for the suspects in the gang rape of a teen girl outside a homecoming dance in richmond will appear before a judge today. police believe as many as a dozen people watched the girl get beaten and raped outside a richmond high school last year without reporting it. a judge will hold a readiness hearing.

typically they discuss facts in the case and as ask for a plea bargain. it is unclear if a plea bargain is on the table in this case. >> one minute a complex hoped a new sketch would catch a predator. the man tried to rape a woman and christie smith is live at walnut creek to show us that sketch and talk about what they are trying to do to keep people safe. christie? >> i spoke with a woman off camera who said she is glad that the sketch came out, but it hardly makes her feel safe. she doesn't live at this complex. she lives at one around the corner. she said they increased security at her apartment complex in light of what's been going on here at the park regency apartment. let's look at the sketch. this man is a white male 5'8" to 5'9", medium build with brown hair wearing all black. jeans, t-shirt and a baseball

cap. about 6:45 saturday night a man tried to grab a woman in the hall way and force her into the apartment. she was able to fight him off and he ran away. this was the fifth assault since june at the park regency apartment. but a berkeley man was arrested in connection. he pleaded not guilty. before this last one occurred in mid-september, a woman was sexually assaulted here. investigators are worried it could be the same person responsible as the on saturday. they are not exactly sure yet. meantime i wanted to point out we are seeing two security guards out here this morning. one specifically standing here at the gate. he has been keeping a close eye on everyone coming in and out. that's the latest from here live in walnut creek, christie smith, today in the bay. >> thanks for the update. >> police staffing and politics are at the story of a fight in contra costa county.

take a look. we found the video on the facebook page of the walnut creek police association. it started friday into saturday overnight. after the fights broke out, they didn't have the manpower to deal with all of the incidents going on at the same time and they are using the video to boost their arguments. we want to update you on developing new this is morning. the search is on for a young girl allegedly kidnapped from near her home in fresno. it initially triggered an amber ale alert, but that has been canceled. they have a man in custody, but so far no sign of the girl. the chp said the 8-year-old was taken from her neighborhood in fresno last night by a 25-year-old man. officers say the girl's mother was nearby. she tried to chase the suspect as he drove away, but couldn't catch up with him. the girl was last seen wearing

blue jeans and a purple winnie the pooh sweater much the suspect was spotted in several fresno neighbors, telling at least six children he would buy them toy fist they got into his car. police are still looking for the car. it is believed to be a 1980 to 1990 ford pick up single cab. it is possibly brown and red with a white horizontal pin stripe. there unconfirmed report that is a driver crashed and was arrested. we are trying to get new information and trying to confirm if the kidnapping suspect was the person that was caught and whether or not they have the car now. we will keep you updated on the developmenting news story. you may have heard banks are temporarily suspending foreclosures because of errors in paperwork. scott said that sounds like good news. >> it sounds like good news, but it's not.

the longer we put off the foreclosure process, the worse it is for people who own homes who are seeing their prices continue to fall. it's like a band-aid. if you don't pull it fast, it's going to be a problem. you may have heard bank of america and others discovered some of its foreclosure paper his never been checked properly. this is an enormous worry. the associated press put together a formula to figure out the economic stress of a state. we are not number one. nevada is. we are in second place. we are moving up the list. we replaced michigan. michigan has begun to recover. california not recovering. michigan is the car industry returning towards health. a variety of data figure out the stress list. it's kind of an unofficial list. they look at unemployment which is a disaster for california and housing which continues to be a problem. it may get -- not may, it will

get worse the longer the foreclosure process takes. this hiccup in the banks is hurting us in many ways. >> affecting a lot of people too. >> yes, it is. are we will take a series of incidents. first we will take you to the webster 2 that continues to be closed. you cannot access that and that is close friday alameda to oakland. if you top the get over to the island of alameda, you have to use the park or hyde street brimmings between the access points. it will reopen and the police investigation is going on on alameda. a deadly accident occurred overnight. about 12:20 in the morning.

a new accident at the bridge around the toll plaza. a couple of lanes are blocked and no further details. the details in the accident are always important. we will let you know when we expect it to clear. no major slowing because of a lighter volume in the commute direction. we will watch if it takes more than 20 minutes. it could be a problem from the north into the east. heading out northbound at the interchange with eastbound 80. we have an accident there that just reopened and things should be moving smoothly. so far we will wait for the update. i will let you finish there delays there as well. . let's look at the weather. 40s and 50s. nothing otherwise to get in the way. it's just chilly. you crank up the heaters and 55 in san jose and 55 in oakland.

not too windy. dust off the umbrellas for the east and south bay. you can see a lot of action to the east at this hour. just to the east of modesto with the western frirchlg of the upper level low. across southern nevada, but it will drift back to the central valley late today and tomorrow. from concord to the east and san jose to the south, we will have a chance of showers. should be a rather cool afternoon. 72 in san jose and mid 70s inland towards santa rosa and fairfield. continuing the mild trend. the seven-day forecast will bring in the best chance for tomorrow. tuesday we clear out and for the weekend we warm up with 80s popping up inland. >> thanks, rob. >> 5:39 right nowment a new car safety rating system is going out today. what's new, how it works and how to keep your family safe. >> a 9-year-old winds up in a

vending machine. he is happy, but his parents are not so happy. how he got there and how rescuers got him out. as governor, he balanced budgets without raising taxes. and california created 1.9 million jobs. as attorney general, jerry brown took on wall street banks, mortgage scammers and public officials stealing from taxpayers. at this stage in his life, jerry brown has the

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good tuesday morning to you. taking a live look outside, we have expected highs in the bay area. you are going to feel cooler as you walk out the door. milpitas with a high of 71 and vallejo warmer at 73. palo alto on the peninsula is 68. the car industry is a microscope when it comes to safety and the government's five-star system will get a new look that account affect how you keep your family safe on the road. tracy pots is live with why the standards are changing a little.

>> this will be a major overhaul to the five-star safety rating system. what we expect is to see new tests and new procedures that are being used to make sure the cars are safe. this will be the first time they will use the female crash dummies. they need to better evaluate how accidents will affect women. their sizes and body shapes are different and that is what they used. they are directing more injury data, particularly head injury data and for the first time they are going to evaluate things like rear car sensors. . >> if a car comes close to you on the side or the rear back up or if you are too close to a car in the front, we have lookeda the that technology as a way to really measure safety. >> side impact crash is a new set of tests that will be evaluated as a result of these changes which by the way only

affect the 2011 models and beyond. you will get the new test crash dit crash data on their website. they are trying to prevent accidents. there were over 3,000 fatal beings last year and san francisco was in the top 10 for counties across california. they are trying to prevent that, hoping the new tests will do just that. >> once again, where can you find the new ratings? it's www.safer cars.gov. you can find the information and what they are changing and the individual ratings for each car. if you go to buy a new car, it should be on the sticker. >> useful information. thanks a lot. >> new this morning, the time square bomber is scheduled to be sentenced today. 30-year-old shahzad faces live n

prison and will number court later today. in june he plead guilty for trying to set off a in time square. the bomb did not go off, but shocked many tourists and local vendors. >> you heard a little pop, pop sound. almost like firecrackers popping or something like that. >> he was arrested a few day after his attempt. if the bomb had exploded on may 1st, it would have created a devastating fireball. >> are time now is 5:45 and you are watching today in the bay. >> we have a breaking traffic situation in the east bay. for that we go to mike. >> for folks just joining us, we have the webster 2 closed. a deadly accident took place about 12:20 this morning. we have the update. they extended the closure until possibly 7:00 for the investigation. because that is closed, you can't access the island from downtown oakland. you have to go over the water

and good altimates further to the south. there will be additional traffic out of dun town as a result of that. more surface street traffic. not a major problem. we will track this and 7:00 is when they expect it to reopen when they are on the alameda side. they are following the details and i will bring them to you as they pertain to the morning commute. >>. >> new this morning, two new polls out showing the impact of the housekeeper scandal. confronting candidate meg whitman. this survey shows whitman is trailing by four points with brown picking up support for people who were calling themselves undecided. a new rasmussen poll shows brown ahead by five points. 28 days until election day. >> both candidates pulled out i of a radio debate, but our debate which is scheduled for next tuesday is on. tom brocaw will moderate between

brown and mittman at 6:30. you can look for preand post debate analysis on nbc bay area. for developments and news that might impact your family, logon and click on prop zero. we have exclusive blogs and a one-stop shop for all your election information. >> green energy is a growing industry powering parts of our life and lots of businesses in the bay area. bob redell has more on how the technology is revving up. good morning, bob. >> good morning. we're not talking about the aa or-volts powering the microphone. we are talking about technology that is more advanced. did i call you the founder? >> i'm one of the organizers. >> fair enough. what was the idea of the battery show? >> the battery industry is changing and there billions

pumped into it. with different changes and applications from electric vehicles to pacemakers. this is the opportunity to bring everyone together. >> beautiful. you being from england and the originators of the english language, i have been mispronouncing battery? >> we say it as you say it now. battery. >> i appreciate it. we will show you what's being billed at the most powerful super bike and what the deal is with that steel box on the back of that semi. by the way, the battery show opens today and runs through thursday here at the convention center. adcommission free and doors open at noon. >> what was the last part? >> glad i got your attention. doors open at noon and admission is free. doors open at noon. >> thanks. maybe we need a new battery.

>> an east bay house providing medical care for seriously ill children is going to reopen. the children's house is forced to close six months ago because of tight finances. the nonprofit has since made several changes including negotiating reimbursement rates with insurance companies partnering with health care and reducing the staff as well as taking on a few more volunteers. it is slated for 9:00 this morning. >> happy meals have one less thing to smile about. san francisco lawmakers approved a proposal to keep fast food restaurants from putting toys in unhealthy children's meals. under the proposal, mcdonald's and others can only include toys in meals that have a half cup each of fruits and veggies as well as limited sodium, sugar and fat. it must be approved by the full board of supervisors to be law.

santa clara county supervisors approved a similar law in april. >> getting your nails done in a san francisco salon could become a lot safer. the supervisors will vote on a proposal meant to encourage them to stop using toxic products. super rise visors signed off and it can be harmful to pregnant women and people with asthma. it's meant to help nail salons have information and access to safer nontoxic products. . good morning. just to remind you about the closure in effect until 7:00. more surface street traffic for the bridges and the hyde street bridge. 880 with a nice flow between downtown and the coliseum. we had another accident affecting folks into the east

bay off of the bridge. all vehicles involved have been moved from that roadway. the toll plaza itself, all lanes are clear. there is the bay bridge and a nice flow of traffic coming into the city. no major delays and no metering lights, but they move through the area. things looked calmer as well as the lights in the background. the visibility is better. how is that looking? >> we are not seeing too much in the way of fog. at least no gusty winds across the bridges. that's a nice change, but it is chilly. you want a jacket with 40s and 50s and in terms of me inning an umbrella. for the afternoon, you can see the rain not too far away. look at yosemite. snow flying above 8,000 feet. the upper low with nevada backing into the central valley. that means the east bay and south bay late today may see a chance of a shower or two.

highs near 72 in san jose and close to 70 in morgan hill. a cool day and mid 70s in the warmest places. scattered showers and clearing out for thursday and that's important. game time for the giants and start to warm up into the weekend. >> thanks a lot. we have a better look at the latest man accuse of attacking women at a walnut creek complex. live in walnut creek with what's being done to help keep women safe. >> reporter: i spoke with the security guard here off camera and he told me now if you don't have a clicker to get in the gate, he will check you out at the gate and possibly are write down your license plate. that is new this morning. let's get right to it. here's the sketch in the latest attack that happened saturday evening. he is a white male about 5'8" to 5'9". a medium build and all black

cloaking with a black baseball cap. saturday evening he grabbed a woman at the apartments from behind. she was in the hall way and he forced her back into the apartment. she was able to break free and the man ran. we talked with who lived at the complex and she wants to move. >> nobody can move out in three days. we were saying can you be reasonable and they gave us at least two weeks to pack and move. they said no, we can't. you signed a contract. either hire more security or do something. at least we feel safe about it. >> here's another look at the sketch real quick. this could be the same guy that is responsible for a rape that happened here on september 16th, though they are not sure yet. there were three unrelated assaults that occurred here since june, but a berkeley man was arrested in connection with those. he has pleaded not guilty. reporting live in walnut creek,

today in the bay. >> thanks for the update, christie. >> we have been following developing news on an amber alert issued overnight for a missing girl from fresno. we have more from the newsroom. >> we have been showing her picture. the chp said this girl was abducted overnight by a 25-year-old man. she was last seen around 8:30. there is news and police say they have a man in custody. the worrisome news is they don't have the girl. police may have found the car, but better safe than sorry. this car is a brown or red ford pickup truck. the license plate we don't know. the girl's mother was nearby when the car apparently picked her up and tried to chase the suspect as he drove away. she was last seen wearing blue jeans and a purple sweatshirt.

the man has been spotted in several neighborhoods telling children he would buy them toys if he got into the car. there is a man in cust doe, but we are not sure what the connection there is. we are finding out more about that and continuing to look for the little girl. >> are thank you for the update. keeping tabs on the forecast. taking a look at a cool down. we got used to the hot temperatures and much, much more mild. >> look at the temperatures around the bay area. 60s and 70s and areas south of san jose, we will see a chance of showers and the moisture. you will see the clouds from the east and mid 70s around healdsberg. tomorrow is the best chance of showers and the low scoots out and high pressure builds in and a warm up into the weekend. back to you. >> firefighters say they have no idea how he did it, but a

9-year-old boy managed to get inside a claw toy vending machines. the parents found him inside surrounded by toys the a wal-mart. firefighters got him out through that one foot by one foot hole where the toy is dispensed. it took a while go to get it going and the boy was not cooperating. he was happy inside playing with the toys and didn't want to come out. when they did get him out, he went home and sound with two new toys. to top it off, check out what the shirt says. enough said. >> i like the fact that he didn't want to get out. >> how you get in there. they get in the strangest places. he is inside. >> you have to watch them all the time. >> the lid doesn't come off. 5:56 and west nile virus popping up in one county. the latest on a central valley amber alert.

a girl grabbed and scrambling to save her. we valentine latest coming up. state police doubling the reward as they look for information connected to the shooting of a 6-year-old while she was sleeping. a nice shot of the bay bridge. s will update you weaerwi ls a t clommute all overcoming up. [ female announcer ] jerry brown and oakland's schools.

what were the facts? fact: march 7, 2000. brown asks voters for new mayoral power to appoint school board members. he gets it, and promises better schools. but the drop out rate increases...50%. the school budget goes into a 100 million dollar deficit. the schools become so bad...the state has to take them over.

it was "largely a bust," he admitted. jerry brown. failure as governor. failure as mayor. failure we can't afford now. a new sketch is relossed after a series of assaults at an east bay apartment complex. we will show you in a live report. the female police officer plowed down by another driver is recovering. the search for the suspect who did this continues. asking for a retrial. mehserle's lawyers said he has new evidence that could clear the for