new this morning, the former bart police officer who shot and killed oscar grant could walk out of a courthouse a free man, at least for the time being. we will tell you what's happening today in the case. a big company moves their headquarters to the heart of east oakland. we will tell you what company they are talking about and why their doors are open to the public today. >> rape if the forecast december 3rd. you are watching today in the

east bay. good morning. it is 4:30. let's start with weather. i got a call for about 45 degrees and an umbrella will be necessary as well. >> all the way through the up coming weekend as well. we are mild because of the cloud cover. 40s and 50s. we had 20s and 30s earlier and scattered showers around the east bay. we had a few showers that go past concord and walnut creek. in and out clouds and mild temperatures and ongoing chances of seeing raindrops. livermore near 58 and look at the temperatures around hayward and freemont. highs in the 60s and mild and trending cooler to the north bay. highs in the 50s. for the weekend, one part looks dry and the other half soggy. we will walk you through the

timing in a few minutes. >> let's check in with mike. good morning. happy friday. >> rob talked about the clouds drifting through and we will try to take a look at the upper deck. the clouds are traveling in the cameras and we can't see the deck right now. the blink light is next to the camera. let's get to the maps and show you something to talk about. always dependable. we have the construction on the lower deck to the oakland side. three of the left lanes are closed and the upper deck picked up earlier and maybe even two hours earlier. no major slowing throughout the maze. we will watch as the volume increases across midday. that's the east bay commute that starts early in the afternoon. that's the shift for a friday. back to you. >> thank you much. >> the landscape of one east bay business district is changing. now a vacant space will spring to life.

christie smith is live with that. >> reporter: good morning and happy friday. we are talking about pet food express. they have stores all over the bay area and they decided to move their headquarters here to east oakland. this is the building we are talking about. 150,000 square feet which they are saying is the largest commercial lease in oakland this year. they will open their doors to the public, sort of an open house and a way to introduce themselves to the neighborhood. moving to the spot created about 100 new jobs and they expect to keep growing. they tell me they chose this spot in the redevelopment area for a couple of reasons. they got a great lease deal and it's along interstate 880 which is great for shipping. this is an area -- >> i think we may have lost

christie's audio, but we will check back later. discussing a convicted sex offender in court after he was allegedly caught in the act of raping a toddler store in a dollar store aisle. george kiriyama said there is a lot of anger in union city this morning. >> they are keeping an even closer eye on their 1-year-old daughter. >> if she is in the cart, i never let her go. >> they are more cautious after police arrested a convicted sex offender for allegedly raping a 2-year-old girl in a dollar tree store. >> i was appall and sick to my stomach. i didn't know how to react. i almost wanted to cry. >> the 2-year-old was shopping with her aunt and grandmother and briefly separated from them when the suspect grabbed her. >> i hold my daughter tightly

and get mad at her saying stay next to me. there is dirty disgusting people out here. >> the grandmother found him pinning her granddaughter down and sexually assaulting her. >> i have a 5-year-old daughter. >> the grandmother and the aunt chased him out of the store and these two men tackled him. >> i looked at the baby and the lady asking me to help. i sat on the guy and called 911. >> many parents are questioning why he is walking the streets and wonder if the system is too lenient. >> they will go to jail and have food and water and our taxpayer dollars, i'm paying money for dirty people to rape 2-year-olds. >> george spoke with a police officer who played a key role to hold the suspect down while they waited for police. he didn't want to go on camera,

but said he was sorry for the victim's family. the officer was able to make the arrest, but said the true heroes are the withins who tackled the suspect to the ground. families and friends are mourning the death of a different 2-year-old. >> it's unbelievable. >> investigators say he was shot by his 4-year-old brother in their antioch apartment. his grandmother was in the living room at the time. relatives said they were supposed to have a big birthday party for the toddler tomorrow. >> you never expect to hear something like that. especially being a kid and all. he was very young. he hadn't had a chance at life to be here and live to be our age. >> you saw these pictures. these are the boys's parents. they are in jail facing child

endangerment. he bought the gun and it was loaded in a drawer in the bedroom where the boy found it. the da will take the case on monday. >> johannis mehserle will ask to be released from jail. a judge will decide whether he can be freed on bail pending appeal. it's possible, but very unusual. he was sentenced to two years for the manslaughter of oscar grant on new year's day in 2009. he is appealing. prosecutors are fighting to keep mehserle behind bars. >> parents want to bundle kids up not just because of the chilly weather outside, but turns out dozens of schools are without heat. about 40 schools affected. over the thanksgiving break, the district turned off the power in school campuses to save energy. on monday they turned the power back on and the heaters didn't respond. portable heaters were brought in

and some campuses are cold. the district said they are working to fix the problem. the mayor-elect of oakland said she getz ready to take office. jean quan formed a 24-member transition team to help her in her first year of office. some of the members were her opponents. when she takes office january 3rd, she wants to start a thorough review of every department and wants to be more accessible to the media and the public than the current mayor. contra costa county has come up with plans to fix the animal problem there. they would require any dog impound and released to be spayed or neutered. the move follows the july malling of 2-year-old jacob in concord. unaltered dogs are more aggressive than two of the three pit bulls that attacked little

jacob. there is no proof it would cut down on the stray problem and it would crowd the already packed shelters in martinez. it's 4:38. no clouds drifting thru this shot and northbound with the tail lights southbound and no major issues. volume moving nicely. it's a friday and we are expecting an easier commute. slowing here as well as livermore and antioch. 580, a 14-minute drive on the pass and central valley. this area as well as north of the carquinas and benicia bridges. they will get more crowded around 2:30 or 3:00. the afternoon and evening, folks make their getaways and a reminder that 50 and 80ville chain control over the summit and ski areas. >> let's check in with rob and

looks like a little bit of rain. not on sunday morning in the san jose parade, but otherwise raining. >> you have been looking at the futurecast. mike has been pointing out fog. we get light wind and clearing overnight after recent rain and patchy fog, not around oakland. a mild start here in livermore, 47 degrees and a little bit of a northeast wind. you can see here on the radar view, things are relatively dry and most of the moisture heading to the sierra and snow levels slows to 6,000 feet this morning. the futurecast puts most of the showers in the north bay. for saturday, this will be the drier of the two. now san jose holiday parade time looks like things will be off to a dry start. it's sunday afternoon and when the cold front comes through, you may have embedded thundershowers. around the east bay and beyond,

the forecast includes highs in the upper 50s to low 60s. pretty nice around oakland and should be close to 62 with mixed sunshine and clouds and scattered showers off to the north bay. for the weekend plans, suspected afternoon and monday morning with heavy periods of rain and gusty winds as we finish off the weekend. coming up, weight loss surgery only allowed for the morbidly obese, but a meeting could change that. who could be eligible for lap band surgery. the new ap that forces you to resist using your cell phone while driving. you are looking at live pictures of a not unreasonably chilly oakland. (announcer) while there are some home disasters you can't avoid, there is onean. septic system breakdowns affect 1.2 million homes each year. septic backups can cost about six thousand dollars in expense, and countless hours of repair. rid-x. help save yourself from disaster.

welcome back, everyone. you are looking at a live picture of the oracle arena. a life form that eats poison and is partly made of poison found in a california lake. as today in the east bay's kirk gregory reports, bacteria could be the secret to on other planets. >> reporter: thursday's nasa announcement. researchers discover a strange bacteria in a salty lake. it was found in mono lake

survives without fphosphorus. this replaces phosphorus with the chemical cousin, arsenic. it uses that toxic element to thrive. >> you can replace it with arsenic and not kill yourself. it's quite striking. when we look for life on other worlds, we could maybe look in a different way. >> the nasa-funded research say this breakthrough bacteria illustrates how little they know about life forms here on earth and possibly beyond. >> maybe we will be able to find it now. we have more information about what we might be looking for. >> not aliens per se. not even little green men. possibly microscopic green men that hide in far away worlds. worlds with a different make up than our mother earth.

kirk gregory, nbc news. >> there you go. a poison eating being found in a lake. i have seen movies and i know what happens. >> over here in the other dark room. let's look out the roadways. we are over here on southbound 680 and another accident. sounds like a minor issue. it's after the junction. southbound as you head down towards the benicia bridge. both bridges are moving smoothly and watch the speeds. it might be slick throughout portions of the north bay and out of the east bay and the richmond bridge. the golden gate, i will give you a shot. the overnight rain and low clouds left sheen on the road. it might be a little slick. watch it as you come off of the highway. >> let's turn to rob and a mixed message in the forecast. >> you did see patchy fog around

the golden gate bridge. all this moisture is acting like a blanket and kept the temperatures in the 40s and 50s. we are down to two to three miles visibility around santa rosa and livermore. that's enough to notice the haze on the roadways. drop off locally to a quarter mile or less. right now towards vallejo, a scattered shower to the east and misty skies on the satellite and radar, most of the moisture is heading up to the sierra. around the east bay and beyond, clouds and widely scattered showers at times after the patchy fog. 58 degrees in san francisco. low 60s around oakland and berkeley and 58 for pittsburgh and cooler in the north bay. that will be the best bet for showers. saturday will look like today. midday sunday into sunday afternoon we will see heavy rain roll through with breezy

conditions to wrap up the weekend. >> thank you much. new this morning, first friday of the month and we get the new jobs report. and the vote from the deficit commission recommendation to raise retirement age and cut spending. for more news before the bell, we will turn to courtney reagan. good morning. >> good morning to you, scott. futures are fairly flat in the holding pattern until we get the numbers. the forecast is that we see solid growth in november with about 144,000 new jobs created. it won't be enough to move the needle and it's expected to be stuck for the fourth month in a row. with improving conditions in the job market, more people are likely to reenter the job force. asian markets are mixed. europe is higher and aside from that, we have factory orders. stocks rallied for a second day

on positive sales and housing numbers. it rose 160 points and the nasdaq was up 29 points to 2579. the senate votes on two options to extend tax cuts, but it's likely they will fail. one plan extends to people making less than 250,0$250,000 r and the other raises it to a million. the house passed to extend tax cuts just for the middle class. >> thank you, courtney. texting while drive suggest illegal in california. there is always a temptation and now companies are offering a feature to help you from being a distracted driver. this is call phone guard. it's a program for your blackberry or android and synchs up to your car's speed and shuts down when a driver reaches 10

miles an hour. >> the phone will automatically go to no texting while driving and eliminate the ability for me to be able to text. come up to a light and stop and now i can use it. the full functionality of my phone. >> the text sends a text to tell them you are driving and will respond later. phone guard costs around $30. lots of decisions for your money. taxes and unemployment and spending and debt. there is a lot going on today in the east bay. tracie potts explains what you need to know. >> in november, economists predict private companies hired and more governments laid off. expecting a net gain of 140 to 170,000 jobs. not enough to make a dent in the 9.6% rate.

>> we are recovering, but not recovering as fast as we need. >> with extending benefits up in the air, congress is focusing on preventing the tax hikes. >> the tax cut will create jobs because people will spend that money. >> with republicans still firmly opposed -- >> chicken crap, all right. this is nonsense. >> the motion is adopted. >> the house extended tax breaks for the middle class and a last minute snafu pushed senate votes to saturday with no republican ideas being considered. >> it's my understanding that one senator held it up. i don't know who it is. >> we will fight for doing this right and hopefully we can get colleagues to join us. >> the deficit votes on their plan to slash $4 trillion from the debt by extending the retirement age like the home mortgage disaster. it's not expected to pass.

in washington, tracie potts, today in the east bay. >> we want to take a look at what's coming up later and for that we say good morning to brent cannon. >> good morning scott and happy friday. childhood obesity is a growing problem. coming up, we will introduce you to a bay area doctor who is working on a special program that helps keep kids moving along. an east bay county is looking to reduce the number of stray animals roaming the street and we will show you the plan and how it could leave you with a new friend. a special guest shows special skills. we will give you a hint. we will queue up sweet georgia brown. that and more in a few minutes on today in the bay. >> pai think i know. a study found a link between common sleep problems and a condition called metabolic condition. it increases the risk of heart disease, diabetes and stroke. researchers say loud snorers are

twice as likely to develop this condition. adult who is have trouble falling asleep, 80% more likely to have this continue and people who wake up unrefreshed, 80% more likely. what a woman eats while she is pregnant could affect her child's diet in the future. researchers studying mice found a baby mouse's sense of smell was influenced by what the mothersate. it shaped the brain development indicating what the mouse would eat and drink. researchers say it's further proof in humans that expectant mothers need to eat a healthy diet and abstain from alcohol. a committee will look at requirements for weight loss surgery. the committee looking at a request a allergan that makes

the lap band device that restricts food instake into the stomach or stomach stapling. they want to lower the requirement for the surgery to folks with bmis as low as 30. those people are over weight, but not obese. the current guideline say bmi of 40. if changed it could double the number of americans eligible for the operation. >> part the raiders take the field without the service of the quarterback. he was injuried in last sunday's game and could be out for the rest of the season. they need to win sunday to keep pace in the division kickoff and 1:05 is the time. oklahoma city will play the thunder. they are 8-10 on the season. their last loss came last night. a long standing debate over whether fresh christmas trees or fake ones are better.

as crick clackum reports, one side is taking a stand. >> naturally at a christmas tree lot, customers have faith in fresh over fake. >> it brings more christmas spirit with the smell of the live trees. >> i never had a fake tree. my kids would kill me if i brought in a fake tree. >> they far out number the sales, real tree sales have fallen. the artificial ones have been on the upswing. to keep the cuts in the business from going any deeper, the real tree industry is on the verge of launching a marketing campaign. the 12,000 christmas tree growers are asked to pony up for the campaign that is overseen by the u.s. department of agriculture. the same agency was behind the got milk campaign with a special tax on the dairy industry.

that is how it will work with the grower who is wanted to emphasize that unlike the artificials, these trees are homegrown. >> some of these trees are beautiful, but they are shipped in from somewhere else. we have been a nation of consumers long enough. let's try to stay producers as much as we can. >> it's too late to promote the real tree this is year, but things might be bright by this time next year. nbc news. >> we will have more of that disturbing story out of union city including the suspect's past. another day, another ban. san francisco is talking about getting rid of something next. how inmates are getting tax refinneds for work they do in prison. coming up on the back side of the break. (announcer) you'd never wash your dishes in a dirty sink,

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the target of a community's out rage. a man accused of raping a 2-year-old girl. we will have that story in a live report. >> a bay area company is moving its headquarters to an often neglected part of east oakland. we will show you a look inside and how you can have a look for yourself, coming up today. a wrecking ball getting ready to knock down a well-known building in s