defendants in a richmond gang rape case head back to court in the east bay this morning. a central issue today? the use of force and questions about the victim's own credibility. i'm christie smith. that story is straight ahead. the man accused of killing six people and injuring 13 others including congresswoman gabrielle giffords is due t in court today. >> san jose is getting a new police chief. we could find out who it is very soon. >> a live look outside. a nice looking shot. boy, is it clear and cold. 6:00 monday, january 10th on today in the bay. good monday morning. thanks for joining us. >> let's get you moving this morning. you are going to need it to keep yourself warm. it is a chilly start checking in

with christina loren. christina, are you there? there is a look at the seven-day forecast. perhaps she is looking to find out what's going on. >> sorry about that. i am looking at showers, but it's not going to be a lot of rain. it is cold and we warm up into the low 50s bring a heavy jacket we will talk about how much rain to expect and when, coming up. back to you . >> is mike in box number two? >> let's look at the roadways. a break for you still if you are heading to the toll plaza. folks waiting for the cash gates to open. about a half dozen cars at most. the fast track lanes with a big bonus. 25 miles per hour through the gates. east shore freeway with no

delays. we have one incident, eastbound 24 away from the maze. there is a stall in the slow lanes, but don't stop to look at it. the crews should be out there to help out and the commute direction is moving smoothly as well as 680 and 580. we are about ready to turn to yellow for the bottom number as folks should be backing up. a little slower. back to you guys . six men changed with raping an east bay high school girl. live in martinez. christie? >> good morning to you. a key part of the dispute is somewhat surprising. it's whether the 16-year-old drank so much that she had sex on her own or whether she may have been forced. defense attorneys are arguing that no force was required, but

some 1er how the argument will play out. either is awful. california law usually a plis t the same punishment regardless they are looking to life in prison for some defendants and have to prove that they acted in concert among other things they are accused of raping a 16-year-old girl outside of a home coming dance in 2009. the girl's blood alcohol level was four times the legal limit to drive and in the preliminary hearing, attorneys argued over the violence issue and degree of intoxication and extend of her injuries. victims rights advocates have been speaking out saying they are troubled by the debate. if you rape an unconscious person, that is forcible. the six defends will be back to hear them. they range in age from 17 to 44 and to further complicate matters, two of the attorneys involved here will have to be

replaced because they are both retiring. reporting live in martinez, christie smith today in the bay. >> thanks for the update. >> the suspect in the shooting that killed 6 and injured 14 others is scheduled to be in court today. it happened in arizona 22-year-old jared lee loughner will be in a phoenix courtroom. the public defender who represented the unibomber is appointed to be his attorney. he is charged with first degree attempted member and attempting to kill a member of congress. >> i am not going to cle clud that additional charges will be brought under the domestic terrorism statute. >> gabrielle giffords is still listed in critical condition. she in an induced coma to give her brain a chance to heal.

>> newsom will be sworn in today. his father william newsom will administer the oath of office. the elder newsom is an associate state justice of appeals. right after he is sworn in, the new lieutenant governor will meet and greet at the state capital >> get ready to tighten the belt across the state. governor jerry brown is tackling california's cash crisis. this is video of the chief as he becomes the new district attorney. brown will announce his new plans today. his finance office is putting the final touches on plan that cut stepping in all areas of government he will propose deep cuts and new restrictions on welfare and boost the cost of health care for people who are enrolled in medi-cal. k-12 schools will face cuts, but not as deep the governor's office said they are ready for a round of

protests today. >> in an environment like this when you are closing a gap north of $25 billion, i don't think anybody will be happy. that said, there is a realization i think that is difficult, but necessary decisions have to be made and have to be made now. >> brown hopes to have an agreement on his plan by march which would be three months before the june budget deadline. time now 6:06 and heard of the threats to cut before. lots of governors have done that and today's proposed cuts could be considered draconian by some people. >> here continues from the newsroom. >> good morning. the question is whether lawmakers and voters realize how bad it will be. arizona made huge budget cuts and people actually died. at least two patients in arizona would have qualified for transplants under the old budget did not qualify under the new state budget. states are no longer debating the extras, whether to fund a

parade or something. it is down to life and death in some cases one option that is not on the table to governor brown is a trick played by governor schwarzenegger, creative accounting. one trick that governor schwarzenegger tried just saying that the state would make more tax money than it would. i can afford the flat screen tv. he is sure of it. he can't do that. another state-owned buildings and property, they did that, but you can only do that one time. they point out all that coulding which was legal left california with the worst credit rating with the states tied with illinois. once you start getting a lower rating, it costs that much more to borrow. out of ideas and out of money, it is going to be a very, very serious budget proposal this morning. >> thank you very much, scott. 6:07 right now.

assistant chief of operations will be the interim chief in san francisco. he has been with the police department for about a year. he and george gascon worked for years in the los angeles police department they will work until they appoint a replacement. he was appointed as new district attorney of san francisco. that requires a mayor's approval. >> more than 1,000 students from across the state are expected to demand universal health carrot steps of the capital today. that really is in support of california state bill 810 that proposes coverage to all californians. the california health professional student alliance is organizing that event that kicks off at 12:30 this afternoon. >> time now to take a look at the morning commute. things are picking up and a lot of folks are heading back to work. >> early slow downs compared to last week. we have a couple of incidents

here. wilbur avenue at highway 160. a disabled vehicle. that's tough if you are heading down to brentwood. the antioch bridge with another report of an accident. the original report and the northbound side, also reported. it will be slow in both directions off of the bridge. in that report, they talked about ice. i wanted to bring that note as you cross over the water. very cold and may encounter ice. you have a lot more cars on westbound highway 4 through antioch and off of that screen, more space that can call out to the north. being canceled because of mechanical difficulties. you have to take the car. you can't take the ferry there. sloweding over past the two earlier accidents and head over towards the bay bridge. we will see how things are shaping up as well. sunol moving smoothly and no

major slowing and clear into the south bay. that will slow down about 6:30. >> thanks, mike. >> bundle up, it is a cold one women have been talking about the clear weather, but it's cold in the morning. >> it certainly is. this morning is one of the coldest of the season so far. 20s right now widespread. 20 inside gilroy. 26 in fairfield and 27 in santa rosa. we could get down a couple more degrees as we head through the next hour. we will keep on top of the lows, but right now it's chilly. put on a heavy jacket. you can take off later by about 10:00 a.m. and you will rise up to the upper 40s. you take your lurch break it will be on the cool side. when we get the highs later on around 3:00, low 50s and upper 40s. mild with sunshine. it will look pretty from inside. here's what you can expect. we have showers on the way for

tomorrow. looks like the timing will be early afternoon into the evening. when the bulk of the moisture is anticipat anticipated. clearing overnight and back up to 60 and take a look at the saturday temperature. 62. can't beat that this time of year. back to you. >> we look forward to it. >> somebody in the east bay did not hit the big jackpot, but there is still a mega millions winner. how much cash the lucky winner gets to take home, coming up. >> when is the best time to check your credit. the routine you should get yourself into. >> schools are benefiting for a generous donor. what students will get, coming up next. >> you heard it from us. very cold out there. 6:11.

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with the taste y le. get started on the whole grain you're missing with your favorite big g cereals. make sure to look for the white check. welcome back. live look outside this morning. a nice cool start. 26 degrees in lake port. freezing temperatures in los gatos and pleasanton. christina will take a look at when we might warm up >> even in this down economy, one nonprofit is tapping in by giving a half million worth of media equipment to lucky schools in san jose. the equipment will be put in prek through grade 12 schools. nine qualifying middle schools can choose between a studio and field kit and get field camera kits. create tv is the san jose nonprofit. they will hold an event at 10

type:30 this morning to discuss their gift >> a swan is recovering this morning after surgery to save its life. people who live near atascadero lake said a local swan appeared weak and could not walk. a veterinarian from the pacific wildlife care operated and did an x-ray and found a lead weight used by fisherman in the swan's stomach. vets are used to working on birds, but not with such long necks. this is a look at the scope. there is the weight they found. the doctor used a 1 1/2 meter scope to find the sinker and get it out. it's a reminder to be careful what we leave in the water. >> it's very important that we are mindful that we do have lead in our environment and do everything we can to prevent that. . >> doctors say the swan is going to be in recovery for about two months before it can get healthy and get back out into the wild

again. 6:15 and rumors swirl being facebook this morning. >> we want to check in with scott here to help sort out fact from fiction. >> it's going to be all fiction pretty much. we heard on facebook that this idea that somehow it's going to shut down is something we have been ignoring except then it showed up in my own facebook feed. it's something called the world weekly news that news.com can trace it back to. we can assure you that the multibillion dollar company is not shutting down any time soon and you may make fun of your friend fist they pass it on. let's talk about verizon. verizon is going to hold a news conference where we expect to announce it will have the apple iphone. before you get excite and plan to switch, a couple of things keep in mind if you are on at&t, you will probably have to pay

some sort of termination fee and also as far as verizon goes, it can't use the same iphone. you will have to get a new iphone. revise on uses cdma technology, that means a $400 iphone. we will know a lot more tomorrow. they invited reporters to a press conference in new york city tomorrow. back to you. >> thank you very much. it is 6:17 right now and 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 will be closeed from 11:00 p.m. until 5:00 a.m. cal trans is set to begin a major project and add a lane between actualy and capital expressway. widening the tully road bridge. you have to be patient, but it should be good >> if you go through that area,

you know it's a congested spot and it will be hard for the time being, but long-term they need it. one the spots to watch out for. >> the volume from south san jose up into the area. that's a reason for the traffic. right here a lot of folks from livermore that continues a slow commute. a 20-minute drive and become to the commute. 6:18 in the morning and a slow drive in the 40s as you come over towards that dublin interchange. for the north, we will get another check we have the focus slowing between about g street for highway 4 and the antioch bridge, we sorted it out. it's the side where the accident occurred on the bridge. icy conditions reported there as you come over the water and that's a note for the smaller bridges through the north bay as well. keep that in mind through wine country. it might be slick roads a slow drive and icy slippery conditions there. as you get closer to the maze, things are moving smoothly, but

a good volume and slowing in the westbound direction right here around gillman, a disabled vehicle. not idea causing a problem, but slowing towards the bay bridge. a smooth slow, but steadily increasing. now we see all lanes with a couple of cars each. at any given time, the metering lights turn on in about 10 minutes. >> metering lights? you have to turn on the seat warmers >> some places in the 20s today. >> yes. my heard goes out to you if you don't have a heater. 29 in livermore and 27 in santa rosa. we have 30 right you in in no vatto. the city by the bay holding strong with 40 degrees. depending on where you wake up, that will dictate how cold it is in the outlying areas much cooler than those in the city. looks like as we head throughout the afternoon, we will gradually rise into the 40s by noon as you

take your lunch break. as you head home from work, temperature-wise will be on the chilly side. 48 degrees in sunnyvale. the good news is we will have a beautiful sunny sky overhead and that will will change through tomorrow. enjoy it if you top the get outside. bundle up. it's 53 degrees by tuesday showers are working into the area. looks like late morning into the evening. that's when the bulk will pass through. warmer for wednesday and quite a bit warmer through saturday. always thinking about the weekend even though it's monday >> never too early to start. >> more flash flooding in australia. floodwaters dikilled at least o person. cameras were rolling during this rescue. they were using ropes to get to a man that was stranded and trying to hang on to a tree. look at the current there. up to 12 inches of rain has fallen, causing landslides and

thousands don't have power as well. >> getting a credit report should be a top priority. you should catch mistakes or errors before it hits you. chris clackum has the details . >> about as often as you get an oil change, financial advisers say is about how often you have get a credit report. that way if you decide to buy a car, a house, or do some refinancing, you, not the bank will catch any mistakes or errors >> if there is something wrong on there, use january as a great time to fix that or work towards fixing that. >> bad credit reports also hurt getting hired. >> most companies now will pull a credit report when you apply for a job. if there is something suspicious, they 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 the congestionally mandated free

report every year. it's annualcreditreport.com. >> that has been around for five years. recent surveys have shown only 1/3 of eligible americans take advantage of it. nbc news. >> you won't be getting a kardashian sister credit card. they are in hot water, being sued by a california company who said the women cost at least $75 million. they pulled out of their endorsement of the prepaid debit cards after criticism of the card's fees one attorney called them predatory. the company suing said they broke their contract and they want to be repaid the money lost. >> tomorrow's mega millions jackpot will be worth $20 million, but one lucky person who bought the ticket at a portola liquor store is nearly

$200 million richer. that was from friday's drawing. check the ticket. nobody stepped forward. the winning numbers are 4, 22, 42, 46, and 53. the mega number is 20. that's the one they did not get. >> a lot of people talking about the lottery. cash jackpots. 6:23 and get your motor running we will take a look at the motor city to what you can expect to see on the road. >> be on the look out forck ice. we will have the traffic and weather in a few minutes.

[ female announcer ] these are the crescents you love on a holiday. and these are the ones you'll love on a friday. pillsbury crescent pizza pockets. with just a few ingredients, you have an easy to make dinner. they're crescents for the other 364. try them tonight. with cinnabon cinnamon have such a sweet and delicious aroma that my family can't wait to get their hands on them. enjoy cinnabon cinnamon... now in all pillsbury cinnamon rolls. welcome back. a live look outside at the golden gate brimming. traffic is picking up as a lot of folks head back to work. got to pay for christmas and the holidays. 28 in gilroy and hoping for a warm up.

>> the detroit auto show is rolling along and turning out to be a celebration. the big three u.s. automakers, ford, gm and chrysler had a good year. a couple of years ago, all three were on the brink of failure. they and others plan to show off about 40 new cars, more than double last year. fuel-efficient cars were the hot models. the all electric chevy volt is generating a lot of buzz >> changing the game. we didn't go as far as we can, but it made us innovative and leading edge. >> this is also a big year for foreign companies. toyota will unveil a family-sized prius. >> at&t park plays host to a little football. boston college plays the hunger bowl. this is not the first football

game played at the ballpark they hosted the emerald bowl as well as the united football league. >> paris and milan, move over. new york is setting a new fashion. the knicks are on a roll and so are the outfits. check out that nice leopard number. even got the matching tie. it's not the first time the hall of fame point guard pushed the envelope with his wardrobe. he wore a brown camouflage suit. it could be a showdown between frazier and craig sager. >> isn't he known for the just for men guy? >> i believe he is, but he doesn't wear that straight black jacket in those. lawmakers could change the way they handle their own security. we will have the latest on the shooting in arizona >> new details about the san

bruno gas pipeline explosion. what may have helped lead to the plast. >> san jose will get a new policewe willso loo we will look at the leading candidate next in a live report # blap

new this morning, whowill be san jose's next police chief? i'm marla tellez. why the public may not know until a final decision is made and the top cop is named. the story in a live report >> police think they have a triple shooting on their hands. the latest on that investigation is coming up . >> good morning. a live look outside. the bay bridge is monday, january 10th today in the bay . thanks for joining us. 6:30. >> bundle up as you head out.

it's another cold one. we want to see when things will warm up. >> mondays can be hard enough without cold temperatures to make you want to stay in bed. 29 degrees in livermore and 26 in fairfield. what i can tell you is you have good air quality and we will see a lot of sunshine later this afternoon. 44 degrees if you take your brick and 44 at gilroy and warm up to the low 50s. keep the jacket handy. i want to tell you about showers for tomorrow. stay tuned for that. over to you >> we will be watching for that one. >> mike inouye has a look at the time saver traffic. >> unfortunately i couldn't keep it moving completely clearly. no one can do that, but we have the metering lights and on for just under 10 minutes the back up for most of the cash lanes back to mid-parking lot

and still getting a break. the ones closest to the hov lanes a live look at the sensors and we see slowing coming down the east shore freeway. at powell street, a second of our disabled vehicles. the second at powell. very close to the area. it sounds like it's still in the middle lane causing slowing. a 21-minute drive and the metering lights on. the rest is moving smoothly. that will build slowly. >> thanks, mike. the police department lost its chief more than two months ago when rob davis announced he was retiring the next leader could be named soon. today in the bay's marla tellez is live at the police department with more on the city's not so public search. marla? >> brent, rob davis was with the department for 30 year when is he retired at the end of october. the city launched the search for a replacement and an

announcement could come as early as february. mum's the world when it comes to who is up to the job. the city manager said she is not willing to name the candidates in order to attract the best ones. here's what we know. city officials confirm initially more than 30 candidates applied for the job, but the mercury news reports fewer than 10 remain, including chris moore moore has been with the department since 1982 and was promoted over the years by chief davis. moore and the other candidates will be questioned by three community panels made up of a broad cross section of the community. after those introduce, the city manager's final 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 force and racial profiling. largely sparked after two high profile officer-involved

shooting in the vietnamese community. the aclu is calling for the cant dads to be publicly named, citing the need for transparency. they will take over as top cop and a police force of more than 1200 officers the new chief here could be named in the fixture few weeks. live in san jose, today in the bay. >> thanks a lot, marla. >> police may have found a third victim. two people were killed saturday night. on saturday morning, a person noticed a man's body next to the club. they think the victim is directly connected to the double hol side they are looking for three or four men who may have been involved in the shooting. >> a close call for an east bay park ranger who is recovering this morning after falling down with a ravine in alamo.

it happened near camille avenue in iron horse trail. someone in the neighborhood heard the officer yelling for help. crews were cull called in to pull him up. he is expected to be okay. >> pg&e admits to increasing the pressure on the pipeline two years before the september explosion that killed eight people and destroyed 38 homes. the chronicle reports officials say the pressure was increased for about two hours to 400 pounds per square inch in december of 2008 the increase was part of the operating practice, but experts say it could have strained the pipe and made it more vulnerable to failure later on. >> people who live in redwood city could get an 18% rate increase for the garbage dumped on them. in the redwood city council, they could vote. if the increase is improved, new rates take effect. they go up about 10% a year, but this year much higher due to a

bargaining agreement for workers. the money will be used to pay off a debt owed to previous providers, allied waste. >> news out of oakland. a contract is terminated. it had several rare cleazs. because he did not participate in more plays than the year before, his contract was voided. he was injured part of the season this year and he didn't get as many plays. he also did not have any interceptions. zero. that voided the deal. he was a four-time pro-bowler and in the lineup for this year's as well. the highest paid defensive player. $28 million for two years and would have made $18 million next season >> you will get a chance to see a famous person tonight. news anchor tom brocaw will be in walnut creek as part of the

series. >> 6:36 and gas prices continue to climb. we will look at where to get the cheapest gas in the bay area. >> a new study may have determined a key contributor to autism. what doctors have discovered coming up. >> good monday morning to you. cool sunshine and showers move back into the bay for your tuesday. we will let you know how much rain we are expecting when today in the bay comes right back. [ male announcer ] rockin out to the big hot pastrami. big. hot. pastrami.

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more snow on the way for the sierra nevada heading through tomorrow. we have showers in the forecast. we want to let you know about that. today will be nice. we are noticing a little bit of reduced visibility if you are waking up in santa rosa. patchy fog in your neighborhood. the same for the east bay this morning. overall visibility is not that bad we are looking pretty good temperature-wise. it is chilly except for the places that picked up cloud cover overnight. you can see we have good image and the places that got the cloud cover are in the upper 30s.

oakland and hayward and sunnyvale 33. much warmer than the 26 we see in gilroy and 29 for livermore. 26 degrees in fairfield now. we are only going to warm up to the low 50s under full sunshine as high pressure remains in control. we have a system that will bring us showersas we head through tuesday. let's talk about the timing. around 9:00 a.m. is when we will see the first showers head through and the bulk comes through the bay area and tweep a quarter of an inch to a half inch in the places that pick up the most rain this is not a big weather maker. by 5:00 a.m. wednesday, the entire thing clears out and showers as we head through your wednesday. wednesday it will be nice temperature-wise macing out around 60. and saturday looks good. sun and clouds and already thinking about the weekend. it's monday. let's get to work >> thanks a lot. below freezing temperatures

across the bay again this morning. however it's even colder in the southeast. the region is at a stand still unable to handle the snow falling there over the past 24 hours atlanta has a half foot of snow. they get it from time to time, but they don't have as many snow plows and drivers are getting stuck highways are closed in and around atlanta. schools are closed. hundreds of flights at the airport have been canceled. if you are heading there, check ahead. the governors of three areas >> a woman whoa welcome pregnant western a year could put their child at risk of autism. thousands of second born children here in california show such babies of three times more likely to have the disorder they have not proven cause and effect, but researchers behind

the study speculate a woman's body needs time to recover from a pregnancy and children conceived too quickly may have been deprived of vital nutrients. you can find the study in the american journal of pediatrics >> congress is responding to the devastating shooting of an arizona lawmaker. we will have the latest from capitol hill in a live report. >> we learn more about the youngest victim of the shooting. 9-year-old christina green weonneilctlion onction r c to september 11 you love on a . and these are the ones you'll love on a friday. pillsbury crescent pizza pockets. with just a few ingredients, you have an easy to make dinner. they're crescents for the other 364. try them tonight. with cinnabon cinnamon have such a sweet and delicious aroma that my family can't wait to get their hands on them. enjoy cinnabon cinnamon... now in all pillsbury cinnamon rolls.

>> good morning, everybody. a live look outside and the sun starting to come up.

it is a nice clear morning a beautiful morning in the bay area, but very, very cold. bundle up before you head out. >> the man accused of killing six people in tucson saturday is scheduled to be arraigned. the youngest victim is 9-year-old christine green, born on september 11, 2001 and was featured in a book called faces of hope, the babies of 9/11. green had an interest in politics and went to gabrielle giffords's event with a neighbor. >> president obama and his campaign is where she started getting interest in politics. at least to have that makes me feel good >> that was her father. >> her mother said she was very patriotic and liked to wear red, white, and blue. >> president obama will lead a moment of silence for the victims today. that will happen at 8:00 this morning. the president and his staff will

observe that moment on the south lawn and he is asking everyone to come together for a time of prayero reflection the president ordered flags at the white house and other public buildings to be flown at half-staff today >> 6:47 right now and lots of folks heading back to work. >> a lot of people. my brother's company shut down for two weeks i think it was unpaid, but forced vacation a lot of folks getting back as well. we are getting back to the 20s. 23 minutes registering off the highway all the way down the east shore. the scene of a couple of incidents, vehicles reported around powell and gillman and another around cleveland. as you come down towards the toll plaza, you will see slowing and focus at the curve. the metering lights are on. a smooth drive heading to all the back up at the toll plaza itself. let's look to see how they think things are shaping up.

most of the lanes are building back to west grand avenue. that's a typical build up for the workweek. we will get back to the maps and the other areas where there is big slowing antioch and highway 4 in the westbound direction. we have the slowing focusing around a through l street. the antioch bridge reporting fogy and icy conditions the black ice can't blend in with the roadways and you can't distinguish that from the black top. a spety flow below and all wait into the dublin interchange. highway 7 into downtown and 101 around that 680 interchange, starting to show the build up as well. the south bay commute is turning as well. >> we talk about a lot of folks out and about this morning, but you want to be careful with the black ice. look at the temperatures. 20s in spots

>> this is one of the coldest morning whees of the season so far. the good news is we end up about 3 degrees warmer than yesterday. even when the add those three, we are only in the 50s. we will take the low 50s later o. 26 for fairfield and 33 degrees, 1 degree above freezing in santa cruz. take it easy especially over the britn bridges and overpasses. we have a little bit of black ice up there. take it easy by noon, full sunshine over the bay area and temperatures in the 40s. 43 degrees in santa rosa and 46 in santa cruz. still on the chilly side and you need that jacket. then as we hit the daytime highs, most le in the low 50s and ins los gatos and 52 in santa cruz. let's talk showers they will move in fast and not going to be heavy.

what we expect is maybe a quarter of an inch or half inch in plays that receive the most precipitation. timing locks like this. showers start and the bulk will come through tomorrow evening and be clear by wednesday afternoon. back to you. >> thank you very much. it's 6:50 right now. several events planned across the country to honor, remember, and support the shooting victims of saturday's attack in tucson. today in the bay's tracie potts will check in from washington, d.c. to find out more on what's planned for today. >> meantime, it's only a matter of time until san jose gets the new police chief and for right now we don't know who it is. we will have more on the search marla? >> chris moore has been acting police chief since rob davis retired at the end of october. davis was with the forts for 30

years. according to the mercury news, moore is a final candidate up for the position and a formal announcement could come as soon as early february. in just a matter of weeks. the point of of contention 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 candidate. here's what we know. city officials confirm initially more than 30 people applied, but the mercury news reports fewer than 10 remain and that includes acting chief chris moore moore has been with the department since 1982 and was promoted over the years by the former chief. later this week moore and the others will be grilled by three community panels made up of a broad cross section of the community. after those introduce, the city manager's picks will go through 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 of northern california is calling for the candidates to be named citing the need for transparency. whoever is named police chief will take over a department that has more than 1200 officers here. reporting live in san jose, marla tellez, today in the bay. family and friends will say goodbye 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 oregon, drums, and piano and bass guitar. he was shot and killed in front of his home. a few hundred friends and family celebrated his life through music. the family urged the city to replace violence with opportunity. >> it is up to the new leadership in the city and the parents and the young people also to do a better job of

making these young people believe they have a chance to not kill anybody all the time. >> chris jones's funeral will start at 11:00 this morning at the st. john missionary baptist church in oakland. >> the case against six men charged with raping a teen girl at a high school will move forward. they will try to discredit the victim. christie smith is live with a look at the defense strategy. christie? >> good morning to you. this legal argument is somewhat surprising. it's whether the girl was forced into sex or as the defense is suggesting that she drank so much that no force was required at all. that has some questioning why a line would be drawn. either scenario is horrible. when it comes to punishment, law imposes the same amount of time. they are looking for much more, up to life in prison under a

one-strike rape law. the burden of proof is much higher. no one disputes something happened in october of 2009. a 16-year-old girl had a blood chicago level of about four times more than the legal limit to drive in california. he was beaten, but the sequence of events is unclear and the victim does not remember much. the victims rights advocate is wondering why forces being questioned. if you rape an unconscious person, that is forcible. the defendants range in age from 17 all the way to 44 years old. this is the first time in court since the preliminary hearing. reporting live in martinez, christie smith today in the bay. >> thanks for the update. >> there several events planned to honor, remember, and support the shooting victims of saturday's attack in tucson. tracy pots is live with what is

planned today. good morning. >> good morning, everyone. just over an hour from now, president obama will lead the nation in a moment of silence for one minute for the victims who were killed or fighting for their lives as a result of that shooting in arizona. the president ordered flags flown at half-staff all over the country as well as the moment of silence he put off his trip to new york which was supposed to be a speech about the economy. he said this is the time to come together as a nation to pray and to reflect on what happened. here on capitol hill, congress has no business this week. they decided to put off the vote on health care and all other votes to focus on this tragedy. not only on what has happened, but security for other members of congress there concerns about the lack of security at public events like this in their districts. they will be talking about that here on capitol hill this week.

live on capitol hill, i'm tracie potts, today in the bay . good morning. dow industrials are down about 70 points there is concern over portugal. we talked in the past about european countries and how they're dragging down the economy with their bad banks like we had before. we are seeing playboy is going private. hugh hefner is buying up all the shares this morning. we talked about governor brown. he will announce it in sacramento. we are watching this one carefully. california has to close a huge budget gap. our credit worthiness tied for dead last with illinois. this is going to be a huge story as we find out how bad it is going to be. >> here's a new study that gives california mixed mark when is it comes to literacy. central connecticut state university ranked the country's

largest metro areas and doesn't measure whether or not people can read, but whether or not they do. it used things like newspaper, bookstores and libraries available. washington, d.c. is at the top of the list. san francisco did come in at number six and oakland is at number 37. the other 10 of california's 12 largest ranked in the bottom half. san jose is ranked 50th and stockton is last. >> we want to check the morning commute. mike inouye has the time saver traffic. >> i want to take to you 580. we have a new accident at greenville road. that's a big slow down expected. back to you. >> a local news update in a half hour for you. have a great day year after yea. feed me! saving you money -- now, that's progressive. call or click today. texting...blogging... all this technology, but you're still banking like pilgrims!

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