new this morning, a parolee in a stolen car refews to stop and hits not one, but two police cars. we will tell you what happened next, coming up. >> california's same-sex marriage ban heads back to court. what's ahead for the controversial case today and when a decision is expected. those stories and we are on the look out for slick spots on the windy and wet monday, december sixth, today in the east bay.

good morning, everyone. it is 4:30. we start with rob and a monday morning forecast. >> good morning to you, scott. we have windy conditions in the bay area this morning. here are top wind gust this is morning. wind gusts close to 40 around the oakland and los gatos hills getting close to 60 miles per hour. in terms of rain, a few scattered showers and the sunol grade commute from dublin to fremont, you will run into rain and scattered showers across the hilltops. most of the moisture head together east, but patchy fog and scattered showers and breezy conditions. highs today not all that bad. things start to dry out towards the afternoon. highs in the upper 50s and low 60s. more rain in the forecast. a look at that in a few minutes.

>> let's turn to mike. any time we have the slick, we have to be careful. >> traffic and weather always go together. southbound 101 across the east bay through the city around that 280 interchange, you will find activity. three chp cruisers and no major injuries. a lot of activity coming across the upper deck, we have the three left lanes blocked that should be cleared up quickly. the yellow sensors and they are being affected by the rain. i will sort that out and we will look at the toll plaza. again in the picture, you see the water kicking up and that is one of the big issues. slippery roadways and watch the puddles at the off-ramps. back to you. >> new this morning, the driver of a stolen car and a police officer are in the hospital this morning after a wild car chase in the east bay. christie smith live in fremont.

the suspect actually crashed into a dui check point. >> we are hearing he crashed into a car that is part of a dui unit. this is one amazing crash. the suspect refused to stop and ended up crashing into more than one police car. he ended up here at grand and b where he hit a car and went through the front yard. you can see the flower boxes smashed up. two people hospitalized this morning, including the driver who deputies tell me is a 23-year-old parolee on parole for citying cars this. started before midnight and deputies spotted a car near the castro valley part station. the driver pulled over and pulled down a driveway when deputies got out of their car.

he then rammed their patrol car and took off. deputies followed over to b and grand where they say he blew through the intersection and hit a bart police officer's car. the cars were smash and all of them involved. that bart officer taken to the hospital with nonlife-threatening injuries. hospitalized with a head injury. deputies say in searching the car, they found a bepellet gun. today in the east bay. >> a federal panel in san francisco will take up california's same-sex marriage ban this morning. the ninth circuit court of appeals is reviewing a lower court decision which declared the ban unconstitutional. a three-judge panel is expected to hear about three hours of arguments televised on c-span. the pan cell not expected to announce a decision today and the ruling could be reviewed by

a larger panel of the ninth circuit and from there to the u.s. supreme court. a convicted sex offender accused of assaulting a toddler is due back in court. eugene ramos is held without bail. he was charged friday. ramos assaulted a 2-year-old girl in the dollar store in union city on wednesday while her family was shopping in the next aisle. in 2003, ramos was convicted of sexual assault of a 7-year-old and paroled after about three years. he is expected in court in fremont at 9:00. we should learn the punishment for those who held a tracy teen captive for more than a year. the sentencing comes after kyle ramirez escaped after stumbling into a tracy health club, nearly naked and shackled. this is newly released incident.

the teen's legal guardian pleaded guilty in exchange for lighter sentences. a warning not to overload your power strip. an overheated strip caused a small fire at an assisted live strg in richmond. it kept three people out of the building. they will be allowed to return later today. it caused about $5,000 in damages. best selling authors give readings to raise money for the grads imprisoned in iran. sarah shourd who was freed in september said the campaign for shane bauer and josh fattal's freedom has run up expensive legal fees and travel costs. the three hikers were arrested when they crossed into the iranian border. iran accuses them of spying.

the authors will give readings at the verde club. it's expected to run about two hours and there is a $20 donation at the door. 4:37. clock just change and keeping you up to date on that as well as a new accident off of the split. you are heading up through concord. reports of an accident and everything is out of lanes, but in the last few minutes, speed indicators on highway 4. the rain affects the sensors. it looks like everything i'm getting shows you should have no major slowing and we will continue to follow that and cross reference all that was data. westbound highway 4 through antioch with that 62. you are at the limit and that will slow in about 45 minutes with the rain on the roadways. you want to be careful as well as the wind.

there has been an overnight wind advisory issued and we have gusty winds. keep that in mind. back to you. >> let's turn to rob. you were talking about a rainy forecast for sometime. round two and still dealing with round one around parts of the east bay hills. are not seeing it in danville, but into the sunol grade. moderate rain hadding off to the north and east. most of the moisture now heading up to the sierra where snow level are near 5,000 to 6,000 feet. chain controls up interstate 80. here goes round one and tuesday things look dry. into wednesday, you will notice the next round drop-ins for the morning commute and we'll see rain probably lasting into thursday with this system on the way. today's highs with a mild and muggy day outside. we have the south winds bringing temperatures up close to the low 60s for most of the east bay.

the skies slowly start to clear after the morning showers taper off. patchy thick fog will be the rain concern and the rain comes back wednesday into thursday. showers lingering into friday morning. >> with three weeks left before christmas, this past weekend, one of the busiest for christmas tree sales, but the rain, cold, and the economy found many people willing to spend money on one of the centerpieces of the holiday. >> there was sheets of rain, mud, and chilly temperatures. there were also a lot of people at the abc tree farm committed to carrying out what is for many of them a family tradition. >> we do this every year. typically it's always raining, but it doesn't stop us. >> cold weather is the best weather to get a tree and decorate inside. >> melissa torres took their

time picking out this eight-foot douglas fir. >> you have to let it dry. >> despite the tough economy, a tree is say must have for the holidays. >> tradition is everything. if i have to save somewhere else to get that perfect tree, that's what we do. >> holly prince said she understands customers are couping every penny this year and that was factored into pricing. pa. >> the normal sized tree has gone down about $5 to $8 per tree. >> they will make adjustments before sacrificinging this symbol. >> i wanted a noble fir and i looked at the prices and we stick for a douglas fir. >> you don't need gifts. the tree brings the holiday season together. >> the christmas trees were enough to fuel the warmth. holly said sales so far are up this year.

she estimates they will sell 250,000 tree this is holiday season. at the 14 locations across the bay area. kimberly terry today in the east bay. >> we reacted to the same price tag here in the studio. scams aimed at the most sophisticated of computer users. what to look out for and how to stay safe. gay teens targeted by schools and cops. we will have the results of nationwide studies. you are looking at a live picture of oakland. wet and cold out there.

you can do something extraordinary. join your neighbors and the american red cross and help save the day when the next disaster strikes, when a neighbor's house burns down, if someone needs lifesaving blood or the comfort of a helping hand. hope. support the american red cross and help save the day. visit redcross.org.

you are looking at a live picture of the oracle arena. it will be a wet one out there. it will be like the first day of school for lawmakers today. the new session convenes at noon. new and returning legislators will be sworn in for the upcoming session. california's new chief justice will swear in the 80 members elected in november including 28 brand-new members. governor schwarzenegger is expected to present them with one of the leanest budgets california has seen. ugly cuts is his staff's description. welfare, child nutrition and health care all on the line. let's turn to mike.

i was in the worst top and go traffic through downtown san jose. you were too. >> a lot of people were happy there anyway. a parade is what they called t. good to see you out there and everyone who came out down to san jose. we still have portions of park avenue closed for christmas in the park. that's the only remaining closure after the parade. thanks for coming out. we have a new accident despite the rest of the south bay moving smoothly. camden avenue has an accident. expect a little flowing for the next couple of minutes. santa cruz mountains will be an issue. oakland past the coliseum and the bridge as well off of 880. cameras shaking and the winds gusting around the bridge as well. >> let's be careful and turn to rob and continue the weather. >> good morning. we are seeing the winds up at about 15 miles per hour. mike has been talking about the camera positioned up above 880. bouncing around and 56 degrees

this morning. 55 to start off the morning and livermore we are seeing light rain actually moving through. 54 degrees and a south wind at nine miles per hour. 680 from danville and livermore south of the sunol grade is where the showers will find you. dropping into fremont and a few more scattered showers. if you are heading to the sierra, winter storm like conditions will continue until the early afternoon. pretty close to 5,000 for the snow levels. upper 50s to low 60s. oakland is not too bad. temperature-wise and 62 degrees. we should catch a break as we head into tomorrow. patchy fog and the rape rolls in as we head into the middle of the week. >> could this be the week that congress strikes a deal on the taxes? both sides agree they can't let tax guess up, but don't agree on

how to prevent it. a report from washington where negotiations seem to be moving closer to the middle. >> they didn't get this done. >> we are up against it. we can't leave this hanging. >> there is a deep divide. >> the motion is not agreed to. >> five democrats joined republicans voting no to extending the tax cuts only for the middle class. republicans insist the rich, the job creators need lower taxes too. democrats are considering it. >> i'm offering to go along with an extension for a year. >> democrats will not go along without extending unemployment. >> this is a non-starter. >> republicans always extend the benefits. >> both sides seem optimistic, but the weekend vote which was never expected to pass wasted

time. >> it reminded me of the movie groundhog. we keep doing the same thing over and over again. >> both sides looking and hoping for something different. tracie potts today in the east bay. >> investors will be watching washington for signs of the deal. for more on the news before the bell, courtney reagan is live. good morning. >> futures slightly lower as we kickoff the training week. investors will pay attention to ben bernanke. he said the fed could pump more money into the financial system if the economy fails to respond. europe in the red and it's a quiet week ahead for dita. we will get reports on unemployment and the trade deficit and sentiment. up up 2% despite the disappointing jobs report. the dow finished up to start trading at 11,382.

the nasdaq up 12 points to 2591. campaign guess viral via facebook and one message is causing confusion. it reads change your facebook picture to a cartoon from your childhood. the goal is not to see a human picture and copy and paste this to your status. the national society for the prevention of cruelty to children. they did not originate the childhood cartoon, we welcome the attention it brought to the work we do. some believe it's actually dangerous to join this cartoon campaign. there is worry that pedophiles could decipher who is say child and who might be older based on the image chosen and the time the cartoon was popular. >> from pedophiles to online,

using your bank to lure you in. from the nbc station in miami t shows us how it works. >> traditional junk mail is usually just annoying and online junk mail is increasingly damaging. a popular scam looks like this. you get an e-mail from a friend's real account and only a link in the body. >> that are means the person has been a vikt of a password theft. >> alex hyde is an ethical computer hacker. he knows all the trick. he said the bogus e-mails from you or your friends likely means a virus infected the computer. the person behind the virus sells data to spammers on the black market. >> the sole purpose is to steal credit card numbers, log ins, passwords and credit card information. >> this is where your personal info like date of birth and

social security end up for anyone to buy. another huge problem is hackers breaking into your bank account unnoticed. they send an e-mail asking for your password and security question. >> in reality it's the virus asking for information to be able to initiate a wire transfer. >> they receive about 1,000 complaints a day. >> they set up the website for you to file complaints if you feel scammers targeted you. >> once they get enough and build a case, they forward it to the appropriate law enforcement. >> online cases can be hard to prosecute. they must gather as much evidence to build a stronger case. >> a lot of scams originate in eastern europe and china and it grows at high speed as more and more get high speed internet. the best way to protect yourself and your computer includes changing your password every three months or so. avoid online banking from the

same computer you use to surf the web. get a second computer for high risk transactions. >> police and courts are more likely to punish gay teens than their straight peer who is exhibit similar behavior. yale university researchers looked at a nationally representative sample of teens assessing school expulsion rates. those considered to be gay or bisexual were up to three times more likely to be punished than other teens committing the same offenses. >> hillary rodham clinton will hold talks on tensions on the peninsula and meet with foreign minster was south korea and japan today. the three will discuss the situation that launched an attack on the south. north korea is blaming the south for tensions in the region. let's take a look at what's happening later in the bay and say hello to brent in the

newsroom. >> good morning and thanks a lot. hope everybody had a great weekend. a look at a list that has the bay area feeling smart these days. it's not all good news for the entire golden state. speaking of smart, a lot of people are picking one of the smartest coaches in college football. one of the most successful. we will tell yu it's not all just about him. some of the intellect involved has to do with where he works. we will explain that coming up. we are also following developing news. new report and new details on a deadly plane crash a decade okay. a few more minutes on today in the bay. >> doctors may have found a way to detect autism in children. mris discovered structural differences in the brains of healingy males and males with autism. it's different in areas involving language, emotion, and social skills. the scans were 94% accurate in

diagnosing autism, but larger studies are needed to make sure the method works dependably. >> a man is in the hospital after slamming into two patrol cars and leading officers on a car chase. live in hayward where the chase ended. >> good morning. this crash was so violent, there is debris all over the ground. you can see a little bit of it. two patrol car were hit and a driver that investigators say refused to stop and plowed into the front yard here really quite a mess. it's amazing that everyone is still alive. two people hospitalized. all the cars involved completely smashed. alameda county sheriffs said this started before midnight when they spotted a stolen honda near the castro valley bart station. the driver pulled over, but didn't pull over in an ordinary way. he pulled down a driveway and as

deputies got out, the driver put his car in reverse and rammed into the patrol car. they say that he is a 23-year-old on parole for stealing cars. the deputies were okay and got back into their car which is a dui unit. they followed him to where we are here at grand and b where he blew through the intersection on a red light and hit a bart police officer's patrol car. then plowed into the front yard here. the 38-year-old bart police officer is also hospitalized, but expected to be okay. the 23-year-old parolee is hospitalized too with a head wound. investigators say when they searched the car they found a pellet gun inside. that's the latest live from hayward, christie smith today in the east bay. >> raiders fans a glow this morning. they are basking in a win against the chargers.

the raiders ran the ball at the chargers's defense from the beginning and kept pounding away yesterday and 52 carries. many thought the raiders were on the brink of a late season collapse after losing the previous two games. raiders play at jacksonville next week. a new season for the sing off tv show premiers on nbc featuring an east bay group. talk of the town will be one of the top 10 groups performing popular songs. they will be critiqued by celebrity judges. now the final group standing wins $100,000. sing off premiers at 8:00 on nbc bay area. the push to take the party off the road. lawmakers fight to put the breaks on the party that is all the rage teens and 20

somethings. looking for holiday gift ideas gan o options are on the market. i was 23 years old, i wasn't overweight. i never dreamed this would happen to me. when the doctor told me i had three blocked arteries, i felt like i was punched in the gut. i found out that one in three women die from heart disease. how did i not know that?

>> new this morning, keeping the bay area safe and keeping the party down. how a new investigation is being introduced today. >> live in san francisco, proposition 8, the ban on