>> reporter: good morning to you. by looking at the damage here this morning, you can see that this was a really violent hit. i can tell you since the last time we checked in with you 30 minutes ago the san francisco medical examiner is now on the scene. for the driver of the gray acura there up on the center divide, the driver, an assault male, an adult male, died on the scene. the driver of a black audi was speeding early this morning blowing through stoplights and driving irradically. this is happening early this morning at 2:15. he ran head-on into the acura here this morning. the driver in the audi was detained on scene. and police say they started a dui investigation based on the fact that this is a fatal accident and also how witnesses say that the man was driving. they also have hit-and-run

investigators out here as well as major accident investigators. deary and arguelo are both shut down. investigators hope to wrap this up sooner than they thought, but for now if you are coming out here, perhaps from the outer richmond, you certainly want to get around this somehow. for more information on this, i'll go to mike inouye. thank you for bringing us the pictures and confirmation. geary has the median there with the greenery. i had to confirm twice with kristy that both directions are closed. they are a couple blocks in east direction. geary from second and jordan. stay clear of the area. this will affect your 38 dreary line as well. we have delays at this hour. plan on that. your alternates are california street or fulton street. those are two major roadways to

take you in the same direction as the geary. we have an accident on treasure island on the upper deck. not a major issue, but there could be gusty winds, too. a little breezy out there this morning, mike. we have temperatures chilly with a windchill factor in the east bay. this is a little gusty here. if you drive a high-profile vehicle, take it easy. 31 in napa. 28 degrees right now in gilroy. taking your lunch break, we are rounding out the day in if 60s. we'll talk about rain, how much and when coming up. thank you. we have new information out this morning that shows people in the south bay could be warming to the idea of higher taxes. that's encouraging news for city leaders in san jose as they try to solve a bunch of problems. bob redell is live in san jose now with what people are saying and how city leaders are taking

this new information. >> reporter: good morning to you, brent. we thought we would catch the early risers getting a cup of coffee this morning to see how they would solve the problem in san jose. many are struggling financially. in their case they have a budget deficit of $110 million. and for the past few years the city has been asking the residents what would they do to fix this? and the answer they are giving this year comes as a little bit of a surprise. in polling done during the third week of january, the city asked residents if they would support a hypothetical vital services measure, this is basically a quarter-cent sales tax to preserve services like neighborhood police patrol, keeping 911 response time flow, treatment, maintenance, that sort of thing. a majority said yes. and perhaps a sign that the reality of the budget crisis is finally sinking in, 62% of san jose residents said they support a quarter-cent increase in the

sales tax which would bring a tax on goods and services in the bay to 9.5%. 32% of residents were against it. here's a couple reasons why. >> because you keep increasing, increasing and expanding, expanding, expanding. the sales tax is not the solution. >> reporter: what do you think is? >> making cutting in their own departments, period. we are living paycheck to paycheck right now. we cannot afford any more taxes. >> reporter: how do you solve the budget problems? >> well, people have to find a way. i have no idea how to solve it. >> reporter: there are a lot of people in this city survey who supported some cuts in services from the city, and, of course, cutting compensation for city employees. it should be noted that the city council has not said whether or not it is going to actually put a sales tax measure on any future ballot. again, this is just a

hypothetical question posed to the city's residents. bob redell for "today in the bay." thank you, bob. >> this morning new allegations that pg&e took shortcuts during safety inspections months before the deadly blast in san bruno. the state audit found the utility delayed inspections and was not doing enough for local problems on gas pipe lines. but the audit was not sent to pg&e until more than a month after the san bruno explosion. the audit also shows that pg&e often used an inspection process good finding corrosion but cannot find bad welds. the teenager beaten, chained and burned and starved by four adults is suing sacramento county for failing to protect him. this is security video of the boy after he escaped from captivity and ran for help at a gym. the lawyer for the boy says child protective services an

sheriff's deputies did nothing despite evidence that the boy's guardian karen ramirez physically abused him long before they moved to tracy. the lawyer says the boy and his half-brother were not given lunches for school and had several broken teeth while they lived with ramirez in sacramento. the sacramento sheriff's department is not commenting on the new lawsuit. the fate of the man accused of beating a priest he says sexually abused him decades ago could be decided today. a judge may decide today whether will lynch will stand trial for the attack after stunning courtroom admissions yesterday. marla tellez is following this story joining us now with more on the newest developments on today's proceedings. >> reporter: it could be the day will lynch and his supporters have been waiting for, day two. his relimb in their hearing could end with the judge's decision to dismiss the case saying lynch won't have to stand trial. he is accused of being at a

retirement campus last year for allege i sexual abuse that happened back in the 1970s. but because lynch waited about 20 years to report it the priest cannot be prosecuted because of the statute of limitations. a courtroom bombshell yesterday could be the key to lynch's defense. a church employee testified the catholic church keeps a list of alleged molesters. many of them were on the same campus in los gatos where the alleged beating happened. and the father, gerald lindor, is on the list. >> she repeatedly raped and assaulted young boys and girls. he managed for years to get away without being prosecuted. now we have him not willing to step into the court to testify. and once again, authorities protect him and don't let him come into the courtroom to tell his side of the story.

>> lindor has been accused of abuse by nearly a dozen people, including his own sister, brother and niece. now, the prosecution had requested lindor appear at the preliminary hearing yesterday but he didn't show. we'll see if he's there this morning when today's hearing gets underway. we'll be there to bring you the latest tonight at 5:00. people in the south bay neighborhood are waking up on edge after another break-in. a home in the same area was the latest break-in target. neighbors say it was the eighth burglary in the past week. rose herrera's office says she may hold a community meeting soon if the burglaries continue. people who live in the area also say they will start a neighborhood watch. it is 5:08 right now. community groups and police officers are inviting the public to a free screening of the documentary aimed to stop human trafficking. it will show the dark side of

chocolate tonight at 7:00. the san jose state university will somehow this. it will show the use of child labor in the cocoa industry. the coalition says the bay area is the toughest on trafficking victims because of the major harbors and airports. the daring surfer rescue that happened at mavericks will be in the forefront again today. because personal water crafts are banned at the surf spot, the owner of the wave runner may have to pay a $a, $500 fine. tonight many sanctuary officials will be asked to ease the ban. as it stands that ban can only be lifted during the maverick surf contest and high surf advisory days. a cultural treasure many people thought was lost forever is now back in san francisco today. a series of paintings that once hung on the walls of johnny

cann, a popular restaurant in chinatown in the 1950s and '60s are back home. the paintings disappeared more than 50 years ago. the story thought they were lost forever until they got an e-mail that led them to the paintings. >> we thought all that was left of this collection were postcards, and here low and behold we get an e-mail telling us they existed. >> the chinese historical society of america raised $60,000 to buy seven of the 11 known paintings. they are back on display saturday at the chinese historical society. >> i wonder where they were? >> i don't know. obviously, they know because they raised money to buy them back. it is 5:10. let's check the forecast. another cold start to the day. >> another cold start but picture perfect conditions for the second half of the day. a lot of sunshine.

one of these days it will be hard to find a cloud in the sky. 35 degrees in livermore. 38 in concord. 31 in fairfield. and napa, right at freezing in santa rosa. 29 degrees in gilroy. make sure you grab a jacket. but high pressure will keep us nice and clear. a lot of sunshine today. take a look at what's headed our way heading to the latter part of the weekend, monday and tuesday, shower chances come up. i think the best chance for showers, the bulk of the moisture from the system, will come through over the course of tuesday. but it looks like it will be pretty wet for the second half of your valentine's day. go ahead and plan on not having the picnic outside. 62 in concord later today. 65 degrees in san jose. temperatures really staying nice and mild through this weekend. should be a pretty nice weekend. the second half of sunday, the clouds come in, and then heading through monday and tuesday all the way throughout next week we are talking about a lot of rain. over to you guys. thank you so much.

>> we are technically still in winter. 5:11. the state is getting ready to pay tens of millions of dollars for a new death chamber, but is it cheaper to keep inmates alive? we'll investigate that coming up. and san jose fire to the rescue. how thisoy b g ltleoy b got caught in a truck and what firefighters did to get him out. saving you money -- now, that's progressive. call or click today.

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and good morning to everybody. welcome back. it is 5:15. a live looking shot at the bay bridge this morning. we have not seen as much wind today as the past few days, but the temperatures are pretty cold. more and more 30s out there. it is chilly. kris tie in christina will update your forecast in a bit. the state is moving ahead on building a new death row at san quentin. contractors have 30 more days to bid on the project, but right now the lowest bid is $130 million. the death penalty opponents say the cost is not worth it. >> reporter: these are the faces

of convicted murderers, rapists and serial killers. men and women whose crimes were so main heinous they were committed to death row. it is estimated only 1% will ever be executed. >> california's death penalty is an expensive form of life without the possibility of parole. >> reporter: but unlike life without parole, it costs $90,000 more to house a prisoner on death row. plus an extra $80,000 in legal fees. that's a total of $170,000 a year more per inmate. because the death row population keeps growing, this year the state will spend $130 million to build a new housing authority. >> california will spend $1 billion on the death penalty in the next five years. >> reporter: the death penalty was reinstated in 1977. california exkupted 13 people

since. congressman dan lundgren was attorney general at the time. >> it is not the question of the cost involved, it is the justice involved. >> reporter: he says the murder rate in california went down 50% once executions resumed in 1991. so when looking at the cost of capital punishment, he says you can't ignore the other side of the balance sheet. >> what is the cost to society of murders? i don't put a number on the fact that we didn't have a child killed on the streets of san francisco. >> reporter: death penalty supporters say you cannot put a price on that. death row opponents call on governor brown to convert all the death row sentences to life without the possibility of parole. they say the billion dollars that would be saved over the next five years should go to other public safety programs. workers at a san francisco hotel say they plan to protest

unfair contracts. employees will protest outside the hotel embarcadero this afternoon. this will be part of a national day of action. the workers union says the latest contracts proposed by the hotel would increase health care costs, free pensions and increase workloads. the hyatt encourages union leaders to go back to the bargaining table to continue to negotiate. could your local iphone have hidden health hazards making your kid sick? >> it got pretty bad to where i felt like i was going to pass out. in the locker room i was laying down and couldn't get up. >> find out the dangers the "today" show uncovered in ice rinks across america this morning at 7:00. if you thought there ought to be a law for that, now is your chance to make it happen in fremont. assembly member bob we cowski

says to submit your ideas online. we have the information on the screen for you. people of all ages can enter their ideas for state laws, but you have to live in the 20th assembly district in order to qualify. for the most part, that's in fremont. city drivers want to see green when moving around town selling energy-efficient leds to the street lights. they have a longer use and are better for the environment. the project will start today and will finish in a week. this vertical garden is near completion at drew school. more than 4100 plans were placed on the site of the new classroom building. the building is made of recycled materials equipped with special environmental sensors. a ceremony will take place later on this morning to mark the end of the $14 million project.

it is kind of cool going right on the side there. >> no need to water that from the building. how do you water that? >> i don't know, but they don't have to worry about it for the next few days. >> they will need the rain coming our way. >> or a fire hose. >> yeah, i guess so. we are looking cold this morning, 31 degrees in fairfield. 38 in concord. 31 degrees in napa. but that does bring up a really good point. if you keep a garden like our own laura garcia-cannon, you will want to protect all the new growth because of all the warm conditions, a lot of the sunshine we have had. a lot of new growth out there, so as we head into probably next week and our temperatures overnight dip into the 20s, that's when you want to be on guard when it comes to protecting your plants. 42 in hayward. 41 in san jose. waking up in gilroy, you are in the 20s. it is chilly out there. especially in the agricultural areas where we'll find the coldest temperatures. we'll warm up under full sunshine today in the mid-60s. another beautiful day. let me show you, change is on the way as early as tomorrow. this is the last day with full sunshine. you can see we have a system of

low pressure approaching the coast. and that's going to drive some clouds in as we head through tomorrow. saturday and sunday look pretty good if you want to make outdoor plans. then the rain arrives late monday, valentine's day, into tuesday. today enjoy the sun. 63 in fairfield. 62 in fremont. you're extended outlook shows you we are going to warm up towards saturday. 69 degrees. that is the best day for outdoor plans this weekend. then a lot of cloud cover and showers coming down monday, tuesday, wednesday all the way throughout next week. the rain is back. the pineapple express is shaping up. we actually have a subtropical moisture tap, so we expect a lot of rain on tuesday. back to you. the time is 5:21. mike is up next with what you need to know before you head out the door, including the latest on the deadly accident in san francisco. and bringing new jobs, green jobs to the bay area. we'll tell you how many and where coming up.

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good morning. it is 5:24. a live shot of oakland shows you the drive heading over that bay bridge out the deck. we'll show you the map. there's a big approaching the upper deck for the east bay. the major report is the exclamation point. there was an accident causing a bit of a backup through the tunnel on the upper deck heading over to treasure island. that has been cleared. three cars, no injuries. the other issue is to the west in san francisco.

a deadly accident that we have been following near geary boulevard. the intersection is closed. all three lanes in either direction are closed for the time being. the medical examiner is on the scene with the continuing investigation. your drive, take california or fulton to get around it. a live look at the san mateo bridge shows the east/west connectors here. no delays on either side. we will show you the area on the peninsula. 101 and tulle slows at 7:30 with the sun hitting you in the face. bring the sunglasses. in through the south bay, it will slow near tulle with the construction. wee we see that. it is not too bad. meantime, a winning super bowl ticket is making it a little easier for packer fans to embrace new changes for a wisconsin landmark. >> the favre barn is now handing out to green bay quarterback

aaron rod jers. it was originally named after former packers' quarterback brett favre when he left the team. the owner changed "the forever in our hearts" to a broken one. >> it is a little play on words there. san jose firefighters freed a 2-year-old who ended up attached to his father's truck. >> it is amazing. the toddler.gov got his finger launched in the wall of his pickup's truck. his father tried everything to get it out but nothing worked. and that's when the mom called 911. firefighters cut the boy out and took him to the e.r. with the metal still stuck around his finger. >> i don't think doctors had seen something like this before. so somebody in the hospital said, i don't know what to do. i thought the firefighters were

going to cut his finger or something to get the swelling down, but the firefighters didn't. >> surgeons used a special saw to get that finger out. the boy is showing his finger there, i'm okay. he's doing just fine. 5:27 right now. a bay area neighborhood is a little safer this morning after an arrest and a kidnapping in an assault case. plus the amazing recovery of congresswoman gabrielle giffords continues. we'll tell you about the amazing milestones she has now reached. a u.s. congressman steps down after he is caught with his shirt off, literally. wait until we tell you about this story that has washington abuzz this morning coming up in a live report. a live look outside at the huge accident in san francisco that could tie up the morning commute. it is a deadly accident. more on the details coming up. 5:27 right now. [ alarm clock buzzing, indistinct conversations ]

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he doesn't want to go back to school because they are afraid he'll be taken away again. >> a california phone call. a california mother is told her son is about to be admitted to the psychiatric hospital and there's nothing she can do about it. a major accident shuts down a thoroughfare right before the morning commute. i'm christie smith. i'll tell you what is going on and why firefighters were called in to help. and how the federal government could end up using your tax dollars. dairy farmers are crying over spilled milk, literally. a live look outside this morning at the bay bridge approach. we are going to check in with

mike and the morning commute. it is thursday, february 10th. this is "today in the bay." good morning, everybody. thank you for joining us. i'm brent cannon. >> i'm laura garcia-cannon. let's go to case christina loren. we'll check on the forecast this morning. >> yeah, a cool start to the morning with temperatures in the 30s. 31 in napa and fairfield. heading throughout the next hour, we'll continue to drop off in temperatures down to 27 degrees in gilroy. that's the forecasted low. make sure you grab a jacket. heading throughout this afternoon we'll warm up under abundant sunshine into the 60s. back to you. christina, we'll take it from here. i have a big note for folks heading across the bay bridge into san francisco. we still have the deadly accident investigation going on here at the scene. it is geary boulevard.

it is a major east/west connector past the panhandle. christie smith is on the scene where more on this investigation. what's going on? >> reporter: yeah, good morning to you, mike. i can tell you that san francisco firefighters just arrived on the scene to try and help get the victim out of the car. they have been working on this now for about 15 or 20 minutes. the car is just that crushed. i saw them cut the front inside of the car a couple minutes ago. you can hear them pulling the metal back as the metal or medical examiner stands back to take the victim away. it's an adult male in the acura. san francisco police say witnesses saw a driver in a black audi speeding down geary at 2:15 this morning eastbound. he got to the corner of arguelo and smashed into the side of the acura. the driver in that acura was pronounced dead at the scene. the driver in the audi was

detained. his condition unknown this morning. police launched a dui investigation because this was a fatal accident, but also based on witness reports of how he was driving before the accident. this is amajor accident investigation going on. they also have a hit-and-run team out here helping as well. geary and arguelo have been shut down in both directions. certainly, if you are coming from the outer richmond, something to keep in mind here, there's just no way to pass through here. you will have to go around. i did speak with a sergeant who says they are hoping, and i say hoping, to have this open within the hour. that's the latest from here. reporting live in san francisco, kiss tee smith, "today in the bay." thank you. 5:33 right now. a man who police believe kidnapped and assaulted a woman in north oakland is off the street this morning. police arrested the 4-year-old larry wilson, 44-year-old already a r wilson yesterday in connection with saturday's attack. an officer spotted wilson and

chased him until he was captured ten minutes later on 95th avenue and sunnyside streets. officers were originally looking for two men they thought were linked to the crime but it is unclear if they still want a second suspect. five sports teams will find out today if they will be allowed to play ball next year. baseball, men's and women's gymnastics, rugby as well are on the chopping block to save the school several thousands each year. the cal supporters raised $15 million to keep the sports that are in danger afloat, but that may not be enough. the uc berkeley chancellor will announce his decision later today. the judge could decide the fate of a man accused of beating a priest that sexually abused him several years ago. will lynch may not have to stand trial for the attack. marla tellez is following this

satisfactory joining us with more on the latest developments and today's proceedings. >> reporter: day two of his own preliminary hearing could be the day will lynch and his supporters have been waiting for. a judge could dismiss the case today which means lynch would not have to stand trial. you'll recall lynch is accused of beating father gerald lindor at a retirement camp last year for an alleged sexual abuse that happened in the 1970s. because lynch waited 20 years to report it the priest cannot be prosecuted because of the statute of limitations. a courtroom bombshell yesterday could be the key to lynch's defense. a church employee testified the catholic church keeps a list of alleged molesters and houses many of them at the same campus in los gatos where the alleged beating happened. and that father gerald lindor is on that list. it turned out lindor was a no-show yesterday. >> i found it fascinating that

the man kept repeatedly saying to police officers and everyone on the list that he is not guilty of anything, but he doesn't have the could remember to show up in the courtroom when subpoenaed. >> when this injustice occurs it is pointing out the symptom of a wrong in our justice system. and the problem here that is pointed out is that the statute of limitations laws are flawed. >> in 1997 lynch and his brother won a $625,000 court settlement. lindor has been accused of abuse by a dozen people including his own sister, brother and niece. we'll see if he's there this morning when today's hearing gets underway. we'll bring you the latest tonight at 5:00. thank you. the forecast is expected to be one of the main issues at the contra costa state of the county address. the county has cut more than $250 million from its budget since 2008 but needs to find

another $50 million next year. the contra costa board chair will deliver the speech at the crown plaza hotel in concord at 11:30 this morning. the city of belmont is becoming a high-tech company. solar company sun edison is moving its international headquarters from maryland to the peninsula. city leaders say they plan to hire 400 local workers over the next three years. sun edison says their new building is right next to highway 101 making it very visible to nearbily a quarter of a million drivers every day. an they also hope to tap into the silicon valley talent pool. volkswagon of america recently announced they will also move a research lab to belmont. all right. bringing some jobs to the bay area. 5:37 right now. the rain is coming to the bay area as well, although it has been spring-like temperatures. i saw blossoms on the trees. >> yes, especially in the north bay. if you have been working

outside, you love the weather. the rain returns next week. we are looking to a soggy workweek. but this weekend will be nice. we'll talk about the good before we have to deal with the bad. 38 degrees in concord. and we are at really chilly conditions in the agricultural areas and outlying areas of the city as we are in the 20s. heading into the latter part of monday and tuesday, it looks to be a very wet day. wednesday, thursday and friday have a 30% chance or better for rain showers. yes, our seasonal pattern is finally shaping up to what is normal for this time of the year. 62 degrees in concord today. 62 in oakland. a lot of sunshine. it will be hard to find a cloud in the sky today. 69 degrees. beautiful conditions for saturday and sunday. then the rain arrives on valentine's day, tuesday and wednesday. we have been following a serious situation on the roadways this morning. let's follow that now with mike inouye. good morning, christina.

yeah, i'll give you the update of san francisco. we have the deadly accident investigation. we are also going to call out this because the east bay map has something very disturbing. there's no slowing showing up on highway 4, but now it shows up with speeds catching up. we will see the speeds start to dip. there's a little lag in the build-up of traffic, which is good news. we are getting a break out of antioch and pittsburgh heading over through the maze. a light volume accident here. we have an accident that cleared from the upper deck. the investigation at geary boulevard is still affecting your area. we are looking at delays at least for another hour. this is a major intersection out of the outer richmond heading over to downtown. keep that in mind. we'll bring you updates as the morning goes. meantime, it is 5:39. one bay area city says bring them on. we will tell you where people are keeping an open mind about raising taxes. plus, soon to be on sale, the bible. we'll tell you what makes this

version so special coming up. also, a live look outside this morning. this is one of the stores where the new version of the iphone is expected to go on sale. folks will be wanting to get their hands on that. we'll have a live report on whether there's a lot of interest and what these new iphones can do. n

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enjoy the go. and for an extra-clean finish, try charmin freshmates. good morning, everybody. a live look outside this morning. kind of appropriate that we are showing you this. it is chilly to start your day. we'll update your forecast coming up in a little bit. a congressman is leaving

capitol hill after a suggestive photo he took was released online. tracie potts is live in washington this morning with the latest on this scandal now on capitol hill. good morning. >> reporter: laura, it was a quick, breaking scandal and it was quickly over within a matter of hours. congressman chris lee of western new york, suburban buffalo area, apparently responded to an advertisement on craigslist. a woman who was looking for a date. he responded that he was a single washington lobbyist. he is, in fact, a married washington politician with one child. he also sent this bare-chested photo of himself to the woman. that photo and the e-mail exchange were all public yesterday on a website. and within a few hours he had stepped down. the announcement came on the house floor that he was resigning his position followed by a statement where lee said he's made profound mistakes and regrets the harm he's caused his

family, staff and constituents. he's deeply and sincerely apologizing to them all and was out just a few hours after the scandal first broke. laura? >> amazing. thank you, tracie. 5:43 right now. good morning, i'm laura garcia-cannon. >> i'm brent cannon. we'll get you traffic and weather coming up in less than two minutes. first, new information this morning that shows that people in the south bay could be warming up to the idea of higher taxes. that is encouraging news for city leaders in san jose as they try to solve their budget problems. bob redell is live in san jose with what people are saying about maybe having higher taxes and how city leaders are taking that information. bob? >> reporter: good morning to you, brent. what you are saying about people in san jose or anywhere for that matter being in favor of higher taxes is a little bit of a surprise because you come out early in the morning and ask your man on the street what they think of higher taxes and this is typically the response you'll get. >> i don't want to see higher

taxes. we see enough high taxes already. >> reporter: would you believe that according to city polling, would you believe according to city polling he holds the any norty opinion? minority opinion? they are talking about raising the taxes on goods to 9.5%. 62% of residents said yes to this, 38% said no. it should be noted that when asked if they supported cutting employee xepation or cutting services, the question was if this was the end-all be-all, would you raise taxes? a majority of them said yes. the city is still digesting the results of the survey. there's no indication that the

city council is actually considering pushing for an increase in the sales tax. again, this is just a hypothetical question. bob redell for "today in the bay." thank you very much, bob. >> 5:45 right now. i want to check the forecast with christina. it feels cold. >> what is the forecast for brent cap non's valentine gift? that's what i want to know. >> it will be nothing. >> hot and steamy. >> i'm not going to touch that one. 42 degrees. the opposite of hot and steamy in hayward. it is cold out there. we are looking good when it comes to daytime highs today and a lot of sunshine, but you don't like the rain? i want you to know it is on the way. heading through every day next week we've got a pretty good shot of rain in the forecast each and every day. tuesday looks very wet. 64 degrees in los gatos. 62 in concord. 65 degrees in santa rosa. it will be a beautiful day, brilliant sunshine.

just a few high, wispy clouds making their way to the bay area. heading through tomorrow, that's when the clouds are back. we are talking about partly cloudy skies for the second half of the day. it is a great day to get outside. 66 by sunday. then the showers arrive late on valentine's day. mike? good morning, christina. we'll take you out to antioch where i'm happy to show you slowing. partly because i'm not in it, but partly because it is forming ten minutes later. you can see a lighter volume out of antioch, but the heavy volume will kick in during the 7:00 or 8:00 hour for the east bay. no major issues this morning. the wind will not be a big problem with no advisories issue. sunol and fremont, hayward, all looking good. here's the drive across the bay bridge into the city. we are still watching a deadly accident here near geary. we'll bring you more details coming up. another big step in the road

to recovery for representative gabrielle giffords. the congresswoman is speaking for the first time since getting shot in the head last month. on monday giffords asked for toast for breakfast. her doctors say it is a very good sign. >> there's mini excitement about the fact that she asked for toast for breakfast. it is great. it is just one of many good days that she's had. she's working really hard. and the folks here are working her very hard. we are really happy with her progress. >> experts caution that while speech is an excellent sign it doesn't necessarily mean giffords recovery will be quick or complete. a process like this could take years. shocking moments for a southern california mother. she got a call from her son's school saying they were committing him to a psychiatric hospital. sidney doorman said her 6-year-old son jack was committed monday against her wishes after he drew a violent picture at school and wrote that he wanted to die.

it happened at a school? at a school in san pedro. he suffers from separation anxiety because his father is in the army. the boy has seen a therapist, but the school said the mobile response team was on the way and that jack was about to be put on a 72-hour psychiatric hold. >> i am saying that i will deal with it. we do have a therapist. i'll make sure that, you know, he is seen today. they say it was out of my hands that they, you know, were in control. that they could do this. they had already called an ambulance to come. >> doorman says the ambulance ride traumatized her son jack and now he doesn't want to go back to school for fear he'll be taken away again. the los angeles unified school district says when any student indicates a desire to take his or her life then the school is

required to follow a certain protocol. 5:49 right now. dairy farmers are crying over spilled milk. the environmental protection agency wants to regulate spilled milk like it does oil. they want farmers to make an emergency plan to deal with the spill including training first responders and building containment facilities. the dairy community says that consumers would feel the effects at the cash register. >> we talk about common sense and regulatory reform. this is anything but. >> the part that we really have to consider are the unintended consequences. once you develop all these regulations how easy is it to miss a big thing. >> the epa might have a change of heart. they are thinking of excluding milk from the regulations. a cal grad freed from jail in iran is using poetry and music to call on her friends to be let go. sarah shourd will be at a

benefit tonight in san francisco to free shane bauer and josh fattal. the two men have been in prison for a year and a half on charges of sprying. shourd said they were hiking near the border and didn't mean to cross into iran. tonight's benefit is at 8:00 at the bottom of the hill and bar restaurant. the cost is between $12 and $18 each. a new website will make it easier for you to map out earthquakes. a moon map showing active faults will soon be able to everyone. soon you can access them online. >> people in california are very familiar, and chances are we have felt an earthquake. a lot of people have the feeling of, i'm going to buy a house in this area, i understand earthquakes are a part of life. >> to access the set of maps

online, just head to www.quake.ca.gov. the most famous misrint in the world could be yours for a price. it dates back almost 400 years and can be found in the bible. john whittle says a man walked into his bookstore with a rare bible known as the wicked bible. it is known for the fact that it misses a word from one of the ten commandments. the seventh commandment thou shalt commit adultery, thus missing the word "not." >> of all the words missing in the bible, that was the one. now, you have to wonder, i don't think it was an accident, but i wouldn't wish to malign the memory of whoever did it. >> you can buy a copy of the wicked bible at the book fair at the concourse exhibition center in san francisco starting friday. but the asking price is $79,500.

kind of an unusual thing there. after the most watched super bowl ever, the nfl is trying to avoid a walkout. the five-hour meeting set today in washington with representatives from the nfl owners and nfl players association is in effort to secure a new labor deal before the current one expires on march 4th. the revenues split between the owners, players and 18-game session. a rookie wage scale and benefits for retired players will be discussed as well. we turn to scott mcgrew joining us here onset. >> scott, where are you? that's not scott. >> reporter: i'm here. i'll walk into the shot. you can guess where i am. i bet you can guess where i am. there's a long line early in the morning. i must be at a verizon store. this is the day veryizen starts selling the iphone to anyone who wants one. we have a bit of a line.

we have people snuggling here. two, three, four, five, six, seven, eight, nine, ten and eleven back there. what's your name? >> conner. >> reporter: how long have you been in line? you are in the front of the line? >> actually, i have been here five hours. i came here at midnight. >> reporter: all right. it is steadily growing here behind you. iphones have been around for a while now, not with verizon. why stand in line for a verizon iphone? >> actually, i think i can get better reception in verizon and all the features are the same, but the services are way better in verizon. i want to get a verizon phone. that's the main reason for me. >> reporter: conner has 45 more minutes to wait. one more tech tip if you accept one here. if you are deciding to switch providers, make sure not to turn off your old provider until you

come in and get a new phone. that way you can keep the same phone number. don't cancel it. they will cancel it for you if that's your plan. we'll go inside the store here. for now, back to you, brent and laura. thank you. we now know the identity of the woman caught on tape breaking up a jewelry heist in england. >> yeah, do you remember we showed you this video earlier this week? an elderly woman was running up in the red coat there, running up to six thieves breaking in with sledgehammers. she fights them off with a purse. that brave woman is 71-year-old ann timsman. she says she was no hero but somebody had to do something. four of the suspected thieves were in court yesterday. the other two have not yet been caught. watch out for her. >> she kind of got it all started because she got going and people said, wait a minute, this 79-year-old lady is going after them.

it is a good thing nobody was seriously hurt. here's your forecast this morning. a very chilly start to the day. >> a chilly start for the day. super granny sure can run. today is a great day to get out for any outdoor activity. it is the last day of brilliant sunshine. the clouds come back into the mix tomorrow with the rain arriving for the latter part of your weekend. 36 in concord. just above freezing in fairfield at 33. you are right at freezing in napa. really cold conditions this morning in the agricultural areas of the city. 52 degrees in concord. at noon as you take your lunch break, we'll rise to 65 degrees before all is said and done in san jose. 62 for fremont. 65 degrees in san rafael. meanwhile, very cold conditions up in clear lake this morning. you are looking to a high right around 59 degrees. make sure to keep the jacket handy. lots of sunshine today. more clouds come in heading through the latter part of friday. saturday looks great. clouds increase for sunday. showers starting late

valentine's day. it looks like tuesday will be a soggy day. could pick up an inch of rain or more on the floor. that's a pretty substantial amount of rain for our area. we need it. and it is back. back to you guys. thank you very much. 5:57 right now. co coming up at 6:00, back out to scott mcgrew as he debuts the verizon iphone. plus, new accusations that pg&e took shortcuts leading up to the san bruno explosion. and we are on the scene of a deadly accident in san francisco. police and firefighters still on the scene. we have a live report next. ♪

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san francisco police are on the scene of a deadly head-on crash that killed one person. a live report is coming up. >>d