new this morning, who will be san jose's next police chief. good morning, i'm marla tellez. why the public may not know until a final decision is made and that story is coming up in a live report. you in this morning, the case against a man brutally raping a richmond teen moves forward today and more on newsom's new appointments.

. good morning to you and thanks for joining us on this monday morning. i'm laura garcia cannon >> i'm brent cannon. we want to check in with christina in the hour by hour forecast. >> hope you had a good weekend. we are starting out chill we temperatures in the 20s across the area. even in the east bay this morning, we are waking up with upper 2os and 29 in livermore right now. 28 up in fairfield and 29 degrees in santa rosa making this one of the coldest mornings of the season so far we'll warm up in the mid-to low 50s as we head throughout the afternoon. staying cool and lots of sunshine for us. showers will be making their way into the bay area. we will talk about that and how much we expect coming up. now let's get a check with mike >> good morning. they call me back to you and

sometimes they call me late for dinner. things are moving smoothly except the cash lanes. all morning long or since 4:00 swee have seen an unusual flow. some of the cash lanes are closed, but a light volume approaching the toll plaza. the travel times are not a big deal. you won't have a problem as far as the maps. speeds close to the limit. back to you. >> thanks a lot, mike. the san jose police department lost their chief more than two months ago when current chief rob davis said he was going to retire after 30 years in the department we are trying to figure out who the next chief will and it may not be that much longer before we find out. marla tellez is live at police headquarters with the latest. marla? >> reporter: good morning to you and chief rob davis retired after three decades with the department. the city council has given three

months to find his replacement. time is running out, but according to the mercury news, this could come as early as early next month. early february. the point of contention is who is up for the job. they are not willing to name any candidates, but here's what we know. city officials confirm more than 30 candidates applied, but the mercury news reports fewer than 10 candidates remain and this includes acting chief chris moore. later this week, moore and the other candidates are expected to be grilled by three community panels made up of a broad cross section of the community after the introduce, the manager's final picks will go through a series of background checks and face the city council for a closed session. the department has come under fire in recent years for excessive police force and racial profiling largely sparked

after two high profile officer-involved shootings in the vietnamese community. the aclu in northern california is calling for the candidates to be publicly named in the name of transparency. whoever is named police chief will take over as top cop for the 30 largest city in california. this could come as early as early february marla tellez, today in the bay. >> thank you, marla. 5:04 and gavin newsom becomes california's new lieutenant governor sworn in at 1:00 at the state capital. his father will administer the oath. the elder newsom is a former justice of the state court of appeals in san francisco right after he is sworn in. the new lieutenant governor will meet and greet at the state capital. >> before he left, newsom delivered a bombshell decision and a pointed a new district

attorney. there was a lot of speculation about who he would choose to replace kamla harris. as today in the bay told us, nobody expected this stunning appointment. >> do i solemnly swear that i will support and defend the constitution of the united states. >> in his final act as mayor, gavin newsom appointed george gas conto the position of district attorney. >> with heavy heard and sound mind this decision was made, it's the last decision i make, but one of the biggest decisions that i will have made as mayor. >> the lieutenant governor-elect was seriously considering several people when they discussed what he was looking for in a potential district attorney. >> as i was listening to him, it became clear to me that he was the choice. >> he is replacing kamla harris

elected state attorney general. he served as police chief since august of 2009 and received his law degree from western state university in southern california. >> i take this because i believe we are going to have a unique opportunity. i'm not aware of any other county in this country and there probably is one, i'm juft note a wear of the former chief of police become the district attorney. here's what i see. >> he plans to take the work harris did and blend it with his own experience. there is one fundamental difference between harris and gascon. >> i am opposed to the death penalty. i think there cases where it may be appropriate. >> the public defender said san francisco had a long tradition of not seeking the death penalty and hopes the chief prosecutor will honor that. >> they are very expensive and take years and years to

prosecute. i hope that he would look at the social cost as well as the ineffectiveness >> he will serve as district attorney until an election is held in november. in san francisco, kimberly terry, nbc bay area news. assistant chief of operation will be the interim chief in san francisco. he has been with the police department for about a year. he and gsscon worked for years in the police department. that requires the mayor's approval. hundreds of future health care professionals will make their voices heard. more than 1,000 students are expected to gather on the steps of the state capital to march in support of universal health care. that rally is in support of california state senate bill 810

that proposes publicly funded coverage to all californians. the california health professional student alliance is organizing that event and that rally kicks off at 12:30 this afternoon. >> construction on one of the biggest bottlenecks in the south bay is set to begin. the eastbound on ramp from actually road to southbound 101 is going to be closeed from about 11:00 this evening until 5:00 a.m. cal trans is set to begin a major construction projection along that interchange. they will add a merged lane along 101 they will widen the actually road bridge and replace ramps with exits. the $45 million project is expected to take about 16 months to complete, but if you have driven through that area, you know it's one place that gets clogged up. >> it will feel like a long time. it will be a great remedy when it's done. >> it's still early. we welcome mike back. he is feeling better.

>> much better. sounding better. you can hear me and understand my ms and ns. that's good. the construction work will be a welcome relief. that is the only thing going on in the south bay. a little construction and none blocking the freeway. we have a northbound 101. there is an issue through petaluma into cotati. a smooth flow north into novato and continuing to the richmond san rafael bridge. eight minutes and that's 64 miles per hour you have the limit as well as the north bay into the east bay. they are close to the limit and no fog advisories. the pleasant drive for 680 and interstate 80 and a smooth drive westbound in the area. those who take the ferry know they have shut it down for maintenance. you will have to actually drive the drive. that's just a little bit of

extra time. plan ahead. back to you. >> you go ahead. i was watching. i gotcha. >> we have our coffee and we are ready to roll. >> a little bit too much. >> you might want to grab a hot cup of coffee. it's cold out there. >> that's right. very chilly in places like livermore where we are down in the 20s. 33 in santa cruz. up along the peninsula, chilly conditions and not as cold. san francisco right now at 41 degrees. this is not even the coolest time of the day. another couple of hours of additional cooling. we expect the numbers to drop a couple of degrees before we hit the lows for the morning. those check in after sunrise. by noon as you take your lunch break, it will be on the chilly side and a lot of sunshine overhead. 47 in oakland and 45 degrees in.

temperatures will not be that bad. 52 in oakland under filtered sunshine as we head throughout the afternoon. the second half of the day, high clouds into the area. 2458 make for a mild overnight. we will talk about where the lows will end up and rain on the way for tomorrow. stay tuned for that. back to you. >> thank you very much. >> 5:11 and a trio of reality television stars find themselves on the wrong side of a $75 million lawsuit. we will tell you why. >> flags flying at half-staff this morning. how you can help honor the people killed in this weekend's devastating mass shooting in arizona. >> a must do for this this month. what you have to take care of before january ends

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christina and find out how cold it will get. >> president obama leads the nation in a moment of silence this morning. turning the thoughts of the country to gabrielle giffords and the other victims of an assassination attempt. the nation will honor the congresswoman and six people killed outside of a safeway store in tucson 14 others were wounded. the moment of silence is at 8:00 a.m. pacific time the period ordered that all flags on government buildings will flown at half-staff. justices will observe the moment of silence. police are reviewing security while congress is closed for business because of the tragedy. congress is also remembering an aide to give ors who was one of the six killed on saturday. we will have a live report in about a half hour. a high ranking congressman could face in prison. tom delay is scheduled to be

sentenced later on today. the texas republican was found guilty of multiple counts of money laundering. a jury convict him of funneling money in 2002. the french president is expected to arrive at the white house to talk about ways to sustain global recovery. they are discussing foreign policy and security issues ahead of the g 8 meeting held in france later this month >> several south bay studenting will get a post holiday gifts at their schools. schools get a half million worth of digital equipment. nine qualifying middle schools can choose between a portable studio or a field kit. 10 elementary schools will get a camera kit. the nonprofit create tv will make that donation and will talk about it this morning and hold an event at the san jose office at 10:30 this morning and talk

about their online gift. it's cool. >> grit to seat faces on the kids. >> governor brown will face his budget this morning. >> he has got one shot at this. time to try to get everyone on board, trying to push politics aside and convince californians to buy into a very lean budget. we can see huge cuts in education and support for the elderly, health care and huge layoffs in government as well. this happens at 11:00 our time at the state capital. he has to close a $28 billion deficit. how awful it could get? i will remind you about arizona's budget cuts the governor and the legislature cut back on that state's budget and slashing funds for transplants for patient who is rely on state assistance and two people died who probably would have lived had the money been

available. arizona saved about a million and a half with contributions to medicare. maybe that wasn't the right place to cut. the other options were not better. the budget problems in arizona and in california becomes so serious, you really are talking about literal life and death decisions. >> very, very tough decisions coming down. we expect that later today. >> getting your credit report should be a top priority. you should catch mistakes or errors before it hits you in your wallet. chris clackum has the details >> about as often as you get an oil change, financial advisers say is about how often you should get a credit report. if you decide to buy a car, a house, or do refinancing, you, and not the bank will catch the errors >> if there is something wrong,

use january as a grit time to fix that or work towards fixing that. >> bad credit reports also hurt getting hired. >> most companies will pull your credit report when you apply for a job. if there is something suspicious on there, you will move on to the next candidate. >> some of the best advice about credit reports is how to get one. the best news is they are free >> only one place where you get a mandated free credit report. annualcreditreport.com >> that has been around for five years, but surveys have shown only 1/3 of eligible americans take advantage of it. chris clackum, nbc news >> the carb dashian sister are in hot water, being sued by a california company claiming they cost it at least $75 million. they pulled out of their endorsement of the company's prepaid debit cards in november after criticism about the cards.

they said they were charging large fees. one attorney called them pret tori. the company is suing the kardashians saying they broke their contract and wants to be repaid the money they lost. >> right now it is 5:21 and check the forecast. another cold start to the morning. >> oh, yes, in the out lying agricultural areas of the bay area. very, very cold start. we are in the 20s in livermore. here's a live look outside. this is san jose. you can see a clear start. we are not dealing with a lot of fog like at this time on friday. that's good news if you are trying to get up to the north bay. much better visibility. things are looking okay in the pacific right now. we don't have a lot in terms of change until tomorrow and showers will push onshore. for today, high pressure remains in control. that means we will see a lot of sunshine, but temperatures are going to struggle to reach the

50 degree mark where yesterday we hit the upper 40s. you are at 29 in livermore and 29 in santa rosa and overall we will drop a couple of degrees before we hit the lows. after sunrise, it won't be that much warmer, but you will have full sunshine and 46 in santa cruz. as you head home from work, around 4:00 p.m., highs are coming in. 53 in san jose. staying cool under fillered sunshine. that sunshine will warm us up. 3 degrees warmer than where we ended up yesterday. a little relief from the cold is on the way. we will turn up the heat a little bit towards wednesday. 60 degrees and friday into saturday saturday, oh, yeah. 63 in oakland on saturday. sun and clouds finally a little bit warm erp. we will take it. >> you are just teasing us.

>> a few degrees here and there. >> places you would rather not live. the most infested cities in america. >> paying more for the trash pick up. they are voting to hike rates as much as 18% and the new rates would be effective immediately. possible plans to speed up the commute over one bay area bridge. look at the traffic report on today in the bay introducing a breath of fresh air. new covergirl natureluxe silk foundation. flawless coverage... with a light as aifeel. we took out a heavy synthetic, and put in a light touch of cucumber. out with heaviness and up with a flawless finish. even the $180 makeup can't beat it for a lightweight feel. discover newnaturelux. goodbye heaviness. hello easy breezy beautiful... covergirl. and try new natureluxe gloss balm.

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>> taking you out to the east shore freeway. these are all pretend cars an easy light drive we will show you what things are like approaching the toll plaza itself. going back to about here for the cash lanes off the hov and over the last few minutes, all of the back up clear up. a clear flow so far and no issues as far as visibility. there is the east shore freeway. travel times approaching the area and looking nice for 580 out to the maze. 24 and 880 from san leandro to oakland. the bridge west and a good number of cars. a few more folks hitting the roadway monday than the last couple of weeks. everybody is going to get back

to work. we see a lot of folks hitting the roadway. especially on the peninsula later on today >> you may want to think twice before you move to these cities. we have the most infested places in america. there is noplace worse than the big apple when it comes to rats. management experts say there could be as many as 100 million rats in new york city and not all are on the street corners. when talking killer bees, stay away from hidalgo texas. instead of fearing the bees, they embraced them, they embraced them. as for the predators of the deep, florida seems to have the most sharks. 219 shark attacks have been documented since 1882. >> what would be the worst of the three. >> infestation in santa cruz. the annual fungus fair.

it featured hundreds of species of mushrooms and fungus with cooking demonstrations, books and gifts for fungus fans they got to taste the food. this is the 37th annual fungus fair. it's so popular it was extended a day. that would be your nightmare. you are not a fungus man. >> a san francisco police officer is accused of soliciting a profit cute. why he said he is being persecuted >> the raiders in danger of losing a best defensive player. why there was nothing he or al davis could do about it. [ female announcer ] gold bond hand sanitizer kills germs without alcohol, then moisturizes. kills germs. loves your hands.

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new this morning, the case against a man accused of brutally raping a teenager moves forward today. defendants in a richmond gang rape case are due back in court today. the charges have been amended. i will tell you why and what's changed coming up in a live report . >> a possible breakthrough in understanding what causes kids to develop autism. the new discovery about that and how it might be prevented. >> a live look outside at the bay bridge and san francisco shinning in its glory. it is january 10th, today in the bay. good monday morning, everybody. thanks for joining us. >> i'm laura garcia cannon.

good monday morning. a quick look at the forecast. it's cold out there. >> oh, yes. one of the mornings you want to bundle up. we have the 20s out there from the north bay through the east bay this morning. cold conditions. 27 degrees right now in santa rosa. you are at 29 in concord and 28 degrees in napa. as we head throughout the afternoon, the sun will be out in full force and will have a hard time warming up into the 40s. you will still need the jacket, but you can peel it off around 4:00 p.m. as we hit the highs. eping up in the low 50s. the good news is we are talking about the low 60s into this weekend. shower activity to get through tomorrow. we have a lot to talk about. stay tuned for that. back to you. >> we will check back with that. >> the case six men raping a girl outside a high school looks

to discredit the alleged victim. live in martinez has more on the strategy. good morning, christie. >> reporter: the defendants are expected back in court to face amended charges tied to the gang rape. the horrible gang rape of a 16-year-old girl outside of a richmond high school. one of them, a 16-year-old boy, charges have been dropped. there wasn't enough evidence availability to hold him. the changes were reduced for three defendants, but five of the six are facing changes so serious, they can face in prison if convicted. that according to prosecutors. prosecutors in the preliminary hearing said what made the case so difficult is that witnesses are not really cooperating so it's hard for investigators to paint a clear picture of what happened october of 2009 when a 16ier old girl was gang raped outside of a richmond high

school dance. she herself only remembers drinking a little bit, feeling ill and waking up in the hospital. a central dispute is whether she was forced or as defense attorneys say that she drank so much that there was no force. some are questioning why that would matter because california law makes little distinction there. during the attack, she was beaten and raped by men ages 17 to 44 years old. there is dna evidence tied to some of the defendants. the charges now show that some of the them acted in concert. that's the latest reporting live here in martinez, today in the bay. >> family and friends say goodbye later this morning to a promising young musician. chris jones was a high school senior at the east oakland school of the arts. his family said he taught himself how to play the oregon and base guitar. his musical career was cut short

when he was shot and killed in front of his home. last night at the seventh avenue baptist church, they cell britted jones's life through music his family urged the city to replace violence with opportunity. >> it is up to the new leadership in the city and the parents will do a better job of making these young people believe they have a chance to not kill everybody all the time. >> the funeral for jones will start at 11:00 this morning. it's at the saint jean missionary baptist church. >> the man accused of punching, biting and tazing a woman will be in court this morning. he faces 29 charges that include attempted murder, kidnapping, false imprisonment and assault. on november 29th, kathy vermonty took him to a report for an mri. he allegedly punch, bit, and tazed her and grabbed her hand

gun and fired at a bystander. he establish and held two people hostage in the manhunt. no one was hurt. a close call for a park officer who is recovering this morning after falling down a ravine in alamo. it happened near camille avenue and the iron horse trail just before 10:00 last night. somebody in the neighborhood reported hearing a person screaming and an officer went to investigate. crews were called in to pull him up. he is expected to be okay. a member of the special patrol forces accused of picking up a prostitute. roberto ortega was sween a transgender prostitute in his c car. ortega said the woman was a friend who oh,ed him money and he is being harassed for his race, the sexual orienting a of

his friend and being a patrol beat officer. jim hammer declined to comment. >> people who live in redwood city could get an increase for garbage collection. if approved, the new rates could take effect tomorrow. rates typically go up about 10%, but this year they are much higher due to a collective bargaining agreement for workers. the money would be used to pay off a depth that is owed to the previous service provider which is allied waste. >> students of doherty valley high school has classes so unique, it's a first. students are enrolled in a new algo rhythm geometry where they learn how to judge distance between two points while they

are mobile. students strapped a telescope on the vehicle to judge the distance between a whale swimming and the moving car. no easy task. when done, they wrote a java code to illustrate how it would work. the math they are learning could have real life applications in robotics >> a contract was terminated and he is a free agent. they had rare performance clauses and because he did not participate in more plays in 2010 than the previous year, the contract is void. he was injured for part of the season which was why he didn't play as much. he had no interception this is year which voided the deal hoochlt . he is the highest paid player making $28 million over the last two years and would have made $18 million next season, but who knows where he will end up now.

>> a former raid isser is on the list for the 15 finalists for the pro fool hall of fame. the 1987 heisman winner played 16 of 17 years. brown is fourth on the all time receptions list. former owner of the 49ers did not make the cut. other notable names, deion sanders following the 1994 season and former rams running back marshal faulk. former 49er and cowboy, charles hayley. >> changes could be coming for collecting tolls at the golden gate bridge. they may look at using fast track and they will host a public meeting to talk about the possible conversion to a cashless toll system. the bridge district has been developing a strategy to convert the toll plaza into 1 that could be geared to traft track. this morning's meet suggest at

10:00. >> lots of folks are heading back to work. >> we are seeing that on the roadways. reflected in the speed. look at the sensors in antioch. extensive slowing. this was the only early slow spot. jammed from about g street and slowing again through pittsburgh. canceled to the north and the steamboat ferry. further south westbound starting to slow slower speeds in the 50s through livermore a 14-minute driff and delays there no delays through the south bay. slow down starts around 6:30. the 101 interchange in that portion of the bay moving slowly. starting to show slowing approaching the cash lane the volume is building. >> thank you very much. >> good morning to you. hope you guys were able to bundle up last night before coming in. it's cold out there. if you are waking up in places in the east bay, we are in the

20s. widespread from gilroy up to santa rosa this morning. 27 degrees. a popular number. 28 in novato and 29 in livermore. you see the 30s between oakland and san jose. what's happening is we had a little bit of cloud cover move in and that created a blanket over places from san jose to oakland. that trapped in a little heat from yesterday making it more mild. as soon as the clouds move out and they are right now, it's going to get cold. temperature-wise, we are only going to max out in the 50s. 52 degrees in oakland and showers in the forecast for tomorrow. we will let you know how much we are expecting. >> 5:40 right now. >> there is other people injured. >> multipeople people shot.

>> okay. oh, my god. >> we will have the latest from tucson in a report from washington, d.c. coming up next.

>>ar a memorial is growing for the victims in tucson. gabrielle giffords is fighting for her life. live at the hospital, there signs of hope for her. >> candles multiply on the lawn outside the hospital where gabrielle giffords is in a fight for her life, recovering for a single bullet to the head. >> there other people injured? >> there multipeople people shot. >> okay. oh, my god >> giffords was likely the

target of a lone gunman's rampage. 20 people shot and six dead. >> he continued to shoot at close range to the people there. they were falling in front of them. >> gifford's husband expressed the family's gratitude to the people of arizona and the fashion for their support, adding gabby was doing what she loved most. hearing from constituents. they served a search warrant on the suspect's home and found envelopes heading i planned ahead. my assassination, and another that said giffords. this afternoon loughner is expected to make a court appearance to face federal charges that include murder and the attempted assassination of a congresswoman. >> i am not going to preclude the possibility of additional charges that will be brought

under the terrorism statutes as the investigation continues. >> among the dead, john roll and 9-year-old christina green. she was born on september 11, the day of the terror attacks and featured in a book about 9/11 babies called faces of hope. >> she began her life on a tragedy of 9/11. her life was ended with a tragedy here in arizona. the tragedies were the book ends. the bulk of her life was wonderful. we loved every monday of it. >> at the hospital, doctors are optimistic about giffords's recovery and say they don't know what that recovery will look like yet. >> that was noelle walker reporting. several events are planned to honor and remember and support the shooting victims. tracie potts now continues our coverage live in washington, d.c. with what's planned on the nation's capital. tracy?

>> good morning, everyone. at 11:00 a.m. eastern about 1 1/2 hours from now, president obama will lead the nation in a moment of silence. those who were killed and those who are still fighting for their lives. also he ordered the flags be flown at half-staff. deciding to cutoff his trip to new york saying instead this is a time to come together as a nation in prayer or reflection. here on capitol hill, congress decided to put off business for a week. there will be no votes or legislation, including the vote scheduled on wednesday to repeal the health care law. some members may get briefings as they return. some expressed concern and not so much about the securities here, but about the security in their districts at events like the that giffords attended. they attend these types of events every day. some members saying they want

beefed up security in their districts. live from capitol hill, i'm tracie potts. >> shocking story. >> good morning, everybody. i'm brent cannon. >> i'm laura garcia cannon. first this morning, since november, the san jose police department has been without a formal police chief. it may not be much longer before the top cop is named, but the public may not know until the announcement is made. marla tellez is live outside the police department to explain why. good morning. >> reporter: good morning. when police chief rob davis retired at the end of october after more than 30 years with the department, the city council was given three months to find his replacement. time is running out and according to the mercury news, this announcement could come as soon as early february. the point of contention here is who is up for the job? the city manager said she is not

willing to name any of the candidates in order to attract the best candidates nationwide. here's what we know. the city officials confirm more than 30 candidates, but the mercury news reports fewer than 10 remain, including acting police chief chris moore. later this week, moore and the others are expected to be grilled by three community panels made up of a broad cross section of the community. after the introduce, the city manager's pick or picks will go through a series of background checks and face the city council for a closed session the department has come under fire in recent years for excessive police force and racial profiling, largely sparked after two high profile officer-involved shootings in the vietnamese community. the aclu is calling for the candidates to be publicly named, citing the need for transparency. whoever is named police chief will take over as the top top of

the third largest city in california and a police force of 1200 officers. marla tellez, today in the bay. >> per 5:49 before 6:00. the most focused part of the commute out of the pass. 15 minutes and another minute lowering the average speed into livermore. once you get out of livermore and you catch a break towards the interchange. we will have the volume. no major back ups and no major lines with a live look. the traffic flows into san francisco. we have i nice steady flow off the treasure island and over here you see more headlights growing there. a live look at the bridge. another east-west crossing and they travel with the tail lights

and a nice smooth drive. the winds were calm on the hayward side. >> yes. calm winds helping for the formation of frost this morning. we are not seeing a lot of fog that's good news if you are going out the front door. grab a jacket. we are in the 20s from gilroy and livermore and fairfield and santa rosa right now. it's a really cold morning. some places in the south bay and along the peninsula picked up cloud cover. you can see that here. as a result it's a little bit more mild here in the 30s. looks like the clouds will clear out over the next couple of hours. expect the temperatures to drop. it will be cold all over the place as we head through the next couple of hours. temperatures feeling like the upper 20s and a breeze out there. 52 degrees in oakland and 53 today in san jose. rain showers for the second half of tomorrow. we might see light shower activity as we end your commute. we will talk more about how much we expect coming up. count on the showers back in the

mix for tuesday. back to you. >> thanks a lot. $250,000 reward being offered for information leading to the arrest of a shooter who killed a young man four years ago. albert casillas and his friends left club calienty and someone fired into the driver's shot of their car. one bullet struck casillas who later died at the hospital. the suspects are two black men between 18 and 25 years old. one is supposedly 6'4" and the other 5'8". a cautionary tale for outdoor enthusiasts. the things you leave behind can have a deadly impact on wildlife. a swan recovering after surgery to remove an object from its belly. that was a harmless item many outdoorsman use. a lead sinker left behind by a fisherman. the swan swallowed it and thanks

to neighbors and veterinarians, the swan is alive. people who live near the lake said a local swan was unable to walk. the vet his to take immediate action >> we wanted to treat her for the lead poisoning, but get the lead out so she wouldn't continue to be poisoned. >> the vets had to use a special scope to look down the swan's neck and they found that sinker among many other pebbles that were there. they managed to help the bird still recovering and has a long way to go. >> get ready for major belt tightening. jerry brown is tackling california's cash crisis and will announce the plans today. the finance office is putting final touches on the plan that cuts spending in all areas of government. sources say he wants keep cuts

in higher education and impose new restrictions and boost the cost of health care for people enrolled in medi-cal. k-12 schools will face cuts as well and not as deep. the governor's office said it is ready for protests today this is three months before the june budget deadline. >> a program designed to help struggling homeowners launches. the first phase has the government making direct mortgage payments for homeowners in the state. the rest includes a buy down feature designed to reduce loan balances. the program was announced a year ago and supposed to begin in november and some criticized the decision it delay the launch until today. pa. >> 5:53. verizon is expected to announce it is going to start offering the iphone to customers.

scott said if you want to switch which i think a lot of people do, you have to get ready to pay up. >> you have to pay a lot. we fully expect verizon will announce they have their special version of the iphone at a press conference tomorrow. if you are planning to switch to dump at&t and go with the more dependable verizon network, not only will you likely pay termination fees to at&t, but you have to buy a new iphone they use a different system than at&t. only verizon-sold iphone will work on the verizon network. the at&t phone will not. there may be some cost savings. verizon offers an all you can download data plan at no extra cost. at least they do today we seal about tomorrow. >> they thinks a lot. appreciate it. new information this morning that might indicate what causes autism. women who welcome pregnant within a year of already giving

birth could be putting their unborn child at risk. a study of 600,000 children in california show so-called second born babies are three times more likely to have that developmental disorder. experts don't know the cause or effect, but british researchers say a woman's body might need more time to recover from a pregnancy so children conceived too quickly after childbirth may be deprived of vital nutrients >> good morning. the time is 5:55. if you somewhere to be by 6:30. you should be okay. up in the north bay, but you have a mile and a half visibility at best. high pressure firmly in control will make for a mostly sunny day, but even with the sunshine yesterday, we struggled to reach

the upper 40s. this morning it is very chilly out there. we will only end up in the low 50s as we head throughout the afternoon. in san francisco. 51 up in santa rosa and 53 degrees in san jose. we do have changes on the way for tomorrow. showers are going to move onshore and for us, it looks like the timing is light scattered shower activity starting up around the end of tomorrow morning's commute and the bulk of the moisture will pass through the course of tomorrow afternoon into tomorrow evening. it will be a fast-mover. 60 degrees on wednesday once the system clears relief in the future from the cold. >> give yourself a pat on the back because you live in one of the most literate cities of america. a study of the largest cities looks at how available newspapers, bookstores, magazines, education and libraries as well as the internet are in a particular city. it looks at how much team in

that city take advantage of them. san jose, san francisco, and oakland all made the list. san francisco ranking sixth last year which is up six bases from two years ago oakland ranked 37, down a couple of notches from 2009. san jose came in 50th which is up six spaces from a couple of years ago. the most literate city in the country is washington, d.c. it beat seattle and it used to be the most literate city in 2009 they traded places >> that's impressive. that's great. keep those newsstands around as well. >> 5:57 and after the break, how the defense and the alleged rape of a high schooler plans to attack her credibility. >> we'll let you know when the accused shooter will be in court. what crghaes faces and which high profile attorney might take the case [ wheezing breaths ] [ woman ] the first time i smoked, i was 13. i was in a hurry to grow up and wanted to look cool.

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