begun at verizon stores. we'll take you live when the iphone starts selling to just about anyone coming up. you can see everyone bundled up out there. well, you'll be peeling off a layer later today with temperatures in the 60s. we are so close to the weekend. i'll let you know what's in store in the weather department coming up. as we take a live look out at the beautiful bay bridge glistening this morning, this is february 10th, "today in the bay." good morning, everybody. thank you for joining us. it is now straight up 6:00. i'm brent cannon. >> i'm laura garcia-cannon. we begin with developing news this morning. san francisco police are on the scene of a deadly crash. they are now starting the dui investigation. christie smith is live on the scene with the developing details. >> reporter: good morning to you, laura. i just got the update from the cap pin on scene who tells me it

will be at least an hour now he thinks before the intersection reopens because they have so many pictures left to take and still quite a bit of investigating to do. they also need to get two flatbed tow trucks out here to remove the two cars involved in this fatal wreck. san francisco police telling me that witnesses say a driver in an audi may have been speeding and running red lights down geary eastbound about 2:15 this morning. witnesses say he slammed into a gray car crossing aguelo. the car hit the driver and the adult male was pronounced dead at the scene. the gray one out here this morning was so damaged that firefighters had to come out here and cut the car open to get the victim out. investigators telling me that the driver in the audi was taken to the hospital and detained. s a this also they are looking

to see if drugs or alcohol played a role in this accident. earlier they said it would be 30 to 40 minutes until this reopens, but now they are saying it will be at least an hour. coming out of richmond you will need to find an alternate. folks heading into the financial district, this will hit the heart of the commute if it lasts past 7:00. the investigation that christie is talking about is closing three lanes in each direction for geary boulevard at aguelo. past the panhandle into downtown will be a big issue for you. it will affect your drive as well as muni lines. the 38 geary will have to drive around the area. there will be delays for both of the lines passing the scene at least until 7:00 when they have it cleared. we'll continue to bring you updates. california and fulton are your alternates.

here's a live shot of 880 through oakland. a smooth drive of traffic is picking up. more updates are coming up real quick. back to you. thank you very much. can you hear me now? lots of folks are looking forward to the new iphone that will finally be available on verizon. it is going to go on sale in just under an hour. >> scott mcgrew is out there checking out the phone. he is with some of the enthusiastic fans that have been waiting for this. >> reporter: that's right. i don't know if you have access to a television in front of you, brent, but check the channels. we are the only ones inside a verizon store this morning. it is plenty warm inside, kind of chilly outside. we have a video of the line outside. there are 12 people in line. the first fellow there has been there since midnight. as you mentioned, this is the first day in which the iphone is available to the general public who wants it on the verizon system. john harris is one of the district managers of verizon and is joining me. there are a ton of verizon

people here. you open up in an hour and are ready for the crowd. >> we are excited with all the customers here. we want to bring them this opportunity and are fired up. it will be an incredible day today. >> reporter: you have other phones here but iphone will be the focus. this is winning strategy for at&t and probably will be for verizon as well. >> we can provide our customers with a multiple opportunity of what works out best for them. multiple different platforms and devices and different tablet opportunities or phone opportunities. so multiple different choices for them today. we are really excited to give them this opportunity to choose the iphone as another product to carry in our stores. >> reporter: john harris, thank you for being with us this morning. looking in the wall street journal this morning, back in 2008, which was not that long ago, two out of every ten people had a smart phone. this year it will be one in two, 50% of america will have a smart phone. this is obviously the

revolution. now you can get the iphone in two different flavors. >> i know lots of people that don't use their laptops or home computer that is much because they have devices like that. there are new allegations this morning that pg&e was taking shortcuts during safety inspections months before the deadly blast in san bruno. a state audit last spring found the utility delayed inspections and was not doing enough to look for problems on gas pipelines. 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 at finding corrosion but cannot detect bad welds. we should note the audit does not charge pg&e with breaking state or federal laws. by the way, speaking of these types of explosions, police say six people are missing after a natural gas explosion in pennsylvania. video of that here. this is what it looked like in

allentown north of philadelphia last night. in fact, i'm just now told they are now confirming one person is dead. it is early familiar with the blast leveling two homes and the fire spread to other nearby homes and damaged an entire area, very similar to what happened in san bruno. firefighters evacuated two city blocks and more than 500 people are still out of their homes this morning. the state of the man accused of beating a priest he says sexually abused him decades ago could be decided today. a judge may decide whether will lynch will have to stand trial for the attack after a stunning courtroom admission yesterday. marla tellez is following the story for us and is joining us now with more. >> reporter: good morning to you. well, this case has attracted so much attention and today could be the turning point will lip ch and his supporters have been hoping for. a judge may decide to dismiss the case, which means lynch would not have to stand trial. lynch is accused of beating father gerald lindor at a los

gatos retirement camp last year for alleged sexual abuse that happened 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 and houses many of them at the same campus in los gatos where the alleged beating happened. and that father gerald lindor is on the list. >> this is a man who repeatedly over and over and over raped and assaulted young boys and young girls. he managed for years to get away without being prosecuted and now ironically enough here we have him not willing to step into court to testify. and once again authorities protect him and don't let him come into the courtroom to supposedly tell his side of the story. >> reporter: lindor has been accused of abuse by nearly a

dozen people, including his own sister, brother and niece. and the prosecution has requested lindor appear at the preliminary hearing yesterday, but as you just heard he did not show. we'll see if he's there for day two today. we'll bring you the latest tonight at 5:00. thank you, marla. the tracy teenager chained, burned and starved by four adults is now 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 tracy gym. a lawyer for the boy says child protective services and sheriff's deputies did nothing despite what he claims is 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 living with ramirez in sacramento. the sacramento sheriff's department are not commenting on the new lawsuit.

tonight community groups and police officers are inviting the public to a prix-screening of a documentary aimed to end human trafficking. the coalition to end human trafficking will show the dark side of chocolate tonight at 7:00 at san jose state university. it is a documentary that shows the use of child labor in the cocoa industry. the coalition says the bay area is a top destination point for trafficking victims because of major hard boss and airports. the daring rescue of a surfer is now being processed in the bay over protective waters. a bay area surfer loaned his wave runner to another man who pulled the grouping surfer out of the water last month. but because personal water crafts are banned at the surf spot the owner of the wave runner may have to pay $500 in fines. the surfers will pack a public meeting at half-moon bay to urge sanctuary officials to ease the

ban. as it stands right now the ban can only be lifted during the maverick surf contest and during high surf advisory days. meantime, we want to check in with christina at 5:10 to take a look at a very chilly start to the day today. yes, it is a chilly start, but unfortunately heading throughout the afternoon i wish the water was warmer around here. this would be a great beach day with temperatures in the mid-60s. much warmer than average this time of the year. 65 in redwood city. and conditions will get warmer heading into this weekend. in fact, this saturday looks beautiful. 69 degrees, a great day for outdoor plans. then the rain arrives on valentine's day, tuesday and wednesday. both look to be very wet days. here's something happening today at 11:30 a.m. the heroes and hearts lunch. you can meet mike inouye out there at union square in san francisco. if you want more information, search facebook bay area proud. it is a great, great fund-raiser

for san francisco, the hospital out there. that looks good right now, but we have some fog if you are waking up in san francisco trying to get around this morning, right, mike? that's right. first of all, you can meet me or more desirable christina will be there as well and producer joe as well. we'll change it up because that's later on. right now in the city we have a couple incidents to report. northbound 280 at sea cesar chavez, no major slowing, but the volume of traffic is increasing. you can see 101 heading to the off-ramps. there's a little slowing there. and the deadly accident, the investigation continues on geary boulevard in both directions. three lanes in each direction are still closed. we are looking at a 7:00 a.m. opening. christie smith is bringing us updates as they occur. crews are moving around the area, so there could be progress on the investigation. meanwhile, a nice drive approaching the toll plaza with no major backups. our chopper was out there over the approach, look at that nice smooth drive down the east shore

freeway, but the volume is starting to pick up there in the east bay. now back to you. thank you, mike. >> 6:11. still to come on "today in the bay," a congressman resigns after a shirtless picture of him pops up on the internet. find out who that picture was supposedly intended for coming up. and i'm bob redell in the south bay where there's surprising support for an increase in the sales tax rate. i'll explain coming up. and a cold start to the day across the bay area. christina has the full forecast coming up as we take a live look outside overlooking san jose. 6:12 right now. i love america,

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good morning, everybody. a live look outside across the golden gate bridge. nice and clear this morning. but that also means cold. some places may see overnight lows, maybe in the highs 20s, low 30s. christina will check your forecast coming up in a little bit. new information out this morning shows people in the south bay could be warming up to the idea of higher taxes. it is encouraging news for city leaders in san jose solving budget problems. bob redell is live in san jose with what people are saying and how city leaders are taking that information. good morning, bob. >> reporter: good morning to you, laura. we figured we would catch the early risers here in san jose to see how they would solve the city's financial crisis, like many cities in the state and throughout the country, for that matter. san jose is struggling with a budget deficit. in their instance, it is $110

million. so for the past few years the city has been putting the question to its residents, how would you solve this problem? and the answer that the residents are giving this year comes as a little bit of a surprise. in polling done during the third week of january, the city asked, if they would support a hypothetical vital services measure. it would be a quarter-cent sales tax to preserve neighborhood police patrols, low 911 response time, street maintenance, that sort of thing. and a majority of residents said yes. and perhaps a sign of the reality of the budget crisis sinking in said 62% support bringing a sales tax on goods many the bay area to 9.5%. 32% of residents were against this. here are a couple reasons why. >> because you keep increasing and increasing and keep expanding and expanding and expanding.

i don't think this is the solution. >> reporter: what do you think is? >> make big cuts in their own departments, period. we are just living paycheck to paycheck right now. we cannot afford any more taxes. >> reporter: how do you involve the budget problems, though? >> well, they will have to find a way. i have no idea how they will solve it. >> reporter: now, when residents were asked how to solve the budget problem, they, of course, first supported cutting employees compensation over sales tax increase or cuts to services by the city. it should be noted that the city council has not said whether it is actually considering a measure for sales tax increase. again, this is just a hypothetical question posed to its residents. reporting from san jose, bob redell, "today in the bay." if you have thought there ought to be a law for that, now is your chance to make it happen if you live in fremont bob wakowski is allowing you to

submit your ideas online by mail or fax. all the information is there on the screen. you can see where to send it. people of all ages can enter their ideas for a state law, but you do have to live in the 20th assembly district to qualify. it is 6:18 right now. a san francisco hotel worker plans to resist arrest to protest against the unfair contracts. employees at the hyatt regency embarcadero will protest outside the hotel starting at 4:30 this afternoon. similar protests will be held outside six other hotels across the country as 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 says it encourages union leaders to go back to the bargaining table to negotiate. thousands of bus drivers are on strike in egypt today. it is another sign that labor unrest is spreading amid the calls for president hosni mubarak to step down. the political revolt appears to

be spreading to the workforce. 62,000 people are said to be taking part in today's strike and the uprising started originally on january 25th. yesterday protesters put on one of the largest demonstrations we have seen so far. mubarak says he will not run for re-election, however he also will not step down immediately. 6:19 right now. another big step in the remarkable story of 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. 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 actually take years. a married new york congressman is out of office this morning after racy postings hit the internet. congressman chris lee resigned late yesterday after this photo that he sent to another woman was posted online.

he reportedly sent the picture to a woman who posted an ad for a date. lee responded by saying he was a single washington lobbyist. he was actually a congressman with a wife and child. >> that's a very public life, and wherever you go anywhere, you know, you're likely to be on tape. >> his resignation came just hours after news broke that gawker.com posted the photo and the flirtatious e-mails. lee admitted to profound mistakes and said, quote, i regret the harm that my actions have caused my family, my staff and my constituents. i deeply and sincerely apologize to them all, end quote. >> it is pretty amazeing. >> he was not thinking at all. christina has a cold start to the morning. >> a cold start doesn't take a thought to realize when you walk out the front door. that cold air will let or hit you in the face.

widespread 30s inland. more like the low 40s at the coast. then some of our coldest areas like gilroy, for instance, are in the 20s. santa rosa, you are in the 20s as well. sunny and dry conditions heading through the second half of your day. every city in the bay area is forecasting temperatures in the mid-60s today. much needed rain returns as we head through tuesday, in particular, that looks like a wet day. we'll ramp up our rain chances starting valentine's day. 42 degrees in hayward. 39 in san jose. 29 degrees in gilroy. here's our weather maker. right now it is out in the pacific and high pressure is still in control. but as we head through tomorrow we'll start to see some of the clouds come through. then our first shower starts for the latter part of monday. tuesday looks really rainy. then wednesday looks rainy as well. now monday is valentine's day. get her something sensible this year like a full tank of gas. maybe you are hopping in your car right now. we'll find out what's happening on the roadways. a full tank of gas? do you know how much that costs,

christina? whatever, nothing is too good for my wife in my car. a chopper is heading over the bay bridge. actually, they were looking back at the traffic from the east bay. as they swing around, there's the bay bridge. a nice smooth drive over the bridge. no backup at the toll plaza. here's the map where we have a consistent look at the chiclets. the speeds are close to the limit throughout the approach. no major surprises. we have the build-up for folks heading out from antioch. a late build here, but still there at 17 miles per hour heading over to love ridge. a good build out of the altamonte pass. an 18-minute drive with speeds near 50 miles per hour through dublin and pleasanton. travel times continue down to the south bay, no major issues, but the buildup on 101 past 680 through san jose. back to you guys. 6:22 right now. if nfl gets asked, are you ready for a lawsuit? details of the class-action suit filed prom the super bowl seating mess. that's coming up next. and a live look outside across the golden gate bridge. nice and clear, but it does mine

a chilly start to the day. we'll update your traffic and weather all morning. [ male announcer ] 95% of all americans aren't getting enough whole grain.

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get started on the whole grain you're missing with your favorite big g cereals. make sure to look for the white check. good morning, everyone. 6:25. a live look outside. air force one this morning is getting ready to takeoff in just a bit. president obama is heading off to michigan this morning. he's got a busy morning. clear skies on the east coast. cold temperature there is, too. there's a new lawsuit connected to the super bowl seating debacle. a man who was a long-time donor to the dallas cowboys is seeking more than $5 million in a class-action lawsuit. more than 1 2rkz 00 fans were told on sunday their seats were not ready as they arrived to cowboy stadium for the big game. 800 were put in other streets seats but 400 watched inside a lounge in the stadium. the lawsuit names cowboy's owner

jerry jones and the nfl. a sacramento kings' fan will be driving a new car thanks to this shot. take a look. it happened during a time-out at last night's game. that's fantastic. the lucky fan is from carmichael. let's play it again. he's the second fan to win a car with the half-court shot this weekend. good for him. pretty exciting. >> they are hot in sacramento. bill walton was there. fans also got some grateful dead shirts. a lot of purple tie-dye there. a heavy metal giant is being sued. we'll find out why coming up. and a live report on the iphone debut for verizon customers is coming up next. a nice-looking shot across

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where to sputnik? [ chuckles ] we could find out if a man accused of beating a priest which he accused of molesting him could go on trial. we are also keeping an eye on the deadly crash in san francisco. find out what happened there. we have a major roadway closed in san francisco affecting your muni and your drive. i'll bring you the rest of your bay area commute coming up. good morning, everybody. time now is coming up on 6:30. i'm brent cannon. >> i'm laura garcia-cannon. time to check on the forecast

with christina. 36 degrees in concord, 42 in hayward, and 39 degrees in san mateo. a chilly start with a lot of sunshine. temperatures are ending up in the 60s. we'll talk about what to expect, no fog out there, and the breeze is lacking substantially this morning. by this afternoon abundant sunshine today. nice and dry. our daytime highs will end up in the mid-60s. what's to come? rain on the way, and a lot of us will see it. i'll tell you how much to expect coming up next. it is 6:30 right now. there's a dui investigation going on in san francisco after a deadly let head-on collision on geary boulevard and aguelo. one man is dead and the other is at the hospital this morning. firefighters had to come out to cut into the car to get to the victim this morning. it has tied up city streets in both directions. geary near arguelo.

christie smith is live coming up. investors are looking to do something we have not seen in years, finish up nine days in a row. >> scott mcgrew is out in cupertino. a bay area super power cisco could have something to say whether it will be ten in a row. >> reporter: it doesn't look that way. cisco systems is horrifying wall street. they beat revenue and beat on sales, but they say a period of transition is occurring. we see a great concern as to how many computers and servers cisco can sell. they are a big deal. it is san jose's largest private employer and has a huge effect on wall street. cisco is disappointing this morning. meanwhile, a verizon store is the other big story of the morning. they start selling the iphone to the general public today. we'll cover that coming up in a bit. thank you, scott. the bay area is seeing a spike in a number of homeowners

getting their first foreclosure notice. more than 2,500 bay area homeowners got default notices in january. that's up more than 8% from last year. and almost 38% from more than a year ago. 34% of the total foreclosures are in alameda county. and statewide more than 24,000. the fall notices were sent out last year which is actually a .3% drop. 6:32 right now. after stunning courtroom admissions a bay area man may not have to stand trial for allegedly attacking a priest. a judge could decide today the fate of will lynch. marla tellez is following the story for us. she is joining us with more on the latest developments today. >> reporter: today is his own preliminary hearing, and today could be the day will lynch and his supporters have been waiting for. a judge could dismiss the case meaning lynch won't have to stand trial. you'll recall lynch is accused of beating father gerald lindor

at a los gatos retirement campus last year for alleged 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 that the catholic church keeps a list of alleged molesters and houses many of them at the same campus in los gatos where the alleged beatings happened. and that father gerald lindor is on the 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's not guilty of anything and never sexually assaulted anyone but didn't have the courage to show up in a courtroom when subpoenaed. >> when injustice occurs it is pointing out the symptom of a wrong in our justice system, and

the problem that this injustice is pointing out is that the statute of limitations laws are flawed. >> reporter: in 1997 lynch and his brother won a $625,000 court settlement from the jesuit. lindor has been accused by a dozen people including his own sister, brother and niece. we'll see if he's there as day two gets underway. we'll bring you the latest tonight at 5:00. brent? thank you, marla. meantime, an east bay neighborhood should be a little safer this morning. a man who police believe kidnapped and assaulted a woman in north oakland is now off the streets. police arrested 44-year-old larry wilson of oakland yesterday on charges of kidnapping and gun charges in connection with saturday night's attack. an officer spotted wilson and chased him through city streets until he was caught ten minutes later on 95th avenue and sunnyside street. officers were originally looking for two men that they thought were linked to the crime, but it

is unclear if they still want to find a second suspect. governor jerry brown is dropping a money-making idea from arnold schwarzenegger. brown is taking a dozen government state buildings off the market. the billion dollars the sale of the buildings would have brought in was supposed to help close the budget deficit, but the state is now intending to lease the buildings from their owners. brown said the plan didn't make sense. solar company sun edison is moving its international headquarters from maryland to the peninsula. the city leaders say the firm plans to hire 400 local workers over the next three years. sun edison says a new building is right next to highway 101 making it visible to 240,000 drivers a day. and they can tap into the silicon valley talent pool. volkswagon of america recently announced they are moving to a research lab in bell month.

a bay area man is rocking a heavy metal hall of famer with a lawsuit claiming he have he was not paid enough for the work he did. steven wigs claimed metallica drummer owed him for years of unpaid overtime. the man's lawyers say that wig was essentially on-call 24 hours a day, 7 days a week. wig says that he was given a partial bonus of $20,000 back in december but they argue that it does not cover the overtime of the 70 to 80 hours he worked each week. the lawsuit doesn't say how much money wig is asking for. >> i would like somebody on call 24 hours a day, 7 days a week. >> it will cost you, though. >> yeah, that's true. some south bay people are open to paying additional taxes? find out why in a live report. and another airline is charging you for overweight luggage. we'll find out how much they will charge and when the new fee

goes into effect coming up. and a live look outside. look at that sun coming up over the south bay. we are warming things up, but it is a cold start to the day. a lot is going on, 6:36 right now. [ male announcer ] breakfast for breakfast. breakfast for lunch. breakfast for dinner. with three new breakfast lovers dishes, who needs a break from breakfast? denny's. america's diner is always open.

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good morning, everybody. once again, a live look outside from the east coast where president obama and his staff are now boarding air force one. they just got off of marine one and are getting ready to fly to michigan. we'll talked about a that before, but he's pushing for a national wireless plan. he wants to have coverage for 98% of the country. he'll be talking about that today in michigan. well, it will cost you, not the president, but all of us, the rest of us, possibly $90 more to check heavy luggage if you are flying with us airways. the airline is raising its fee by $40 for bags that weigh more than 50 pounds on domestic flights. that is on top of the $25 it costs to check a first bag and $35 for a second bag. maybe you can layer your clothing. the new rule is in effect for all tickets bought after

february 1st. a san francisco school is making green the new hype. it has a three-story tall vertical garden. you can see it here in this rendition. it is about complete at drew school. there are more than 4,100 plants on the side of the new classroom building. now, the building itself is made of recycled material and is equipped with special environmental sensors. a ceremony will take place later to mark the end of the $14 million project. it is kind of cool because they actually are growing plants on the side of the building. 6:41. still the come on "today in the bay," we are live just moments away from the verizon stores selling the iphone for the first time. and are you willing to pay more in taxes? a new poll says some people in the south bay will. we'll find out why coming up in a live report. and a live look outside. it is a gorgeous morning across the bay area. a look at the bay bridge, the sun is coming up andgs up. 6:41 right now. thgs up. 6:41 right now.

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we love thursdays around here because we get a live mammoth update coming up in minutes. 36 in concord. 38 in oakland. right at freezing in napa and san tea rosa. it is a cold morning. i'm expecting temperatures to drop into the 20s. that means it will be cold this morning, but we'll warm up heading throughout this afternoon under abundant sunshine. high pressure is in firm control with the cloud arcing around a ridge of high pressure to keep our weather dry and clear for the past week and a half. now, rain is on the way as we head through the latter part of monday, which is valentine's

day. tuesday looks very soggy. and then wednesday, thursday and friday of next week we have rain chances each and every day. a beautiful, sunny sky will come to a close as we head through tomorrow as the front is pushing some cloud cover towards our area. so today abundant sunshine. tomorrow we are calling it mostly sunny to partly cloudy. 62 degrees in oakland. 65 in redwood city. 64 in los gatos. santa cruz, 65. nice and mild along the peninsula. we'll see similar conditions inland as the sun will be out in full force able to warm us up even when we are in the 20s now to 65 degrees in livermore later on. very nice conditions for saturday. that's your day for outdoor plans if you would like to plan those this weekend. clouds increase on sunday. sunday should be pretty nice. then the rain arrives late valentine's day. that could be romantic. tuesday the rain continues. it looks like the wettest day in the extended period. then rain chances continue wednesday through friday. the pineapple express is back. someone else is back, joni

lynch. think conditions are great for a valentine's day trip to mammoth, joni? >> you bet. we are live at mammoth mountain with a base depth of 8 1/2 to 14 1/2 feet of snow. all paths are open on the 152 trails. really fantastic conditions. we are looking forward to the pineapple express returning. we are happy to have more snow here. we have two flights daily from the bay area into mammoth mountain. for information on those and everything else mammoth, visit us at mammothmountain.com. back to you. >> sounds like a mammoth good time for this valentine's day. we have more rain and snow on the way. mike inouye, no problems on the roadways right now, but what are we dealing with? no major problems on the freeways. people will be happy to see this shot of the maze. we have one incident on the right off highway 13 at redwood road. another major issue for the commute. the freeway is clear. we have on the left the accident in san francisco. i'll bring you the update there

in a second. the big news crossing the bay bridge, a live look at the toll plaza shows the backup forming over the last 15 to 18 minutes. we are back to the parking lot heading over to the 880 overcrossing. a pretty quick build considering it is a thursday. the rest of the east bay is looking relatively smooth. out to the city, i told you about the accident and the investigation continuing at geary boulevard. a deadly accident happened after 2:00 this morning. christie smith is on the scene following the closure. some cars are moving from the scene, but not a complete reopening. we'll have an update coming up in a few. back to you guys. we have an update on developing news we have been following all morning long. san francisco police are on the scene of a deadly crash and a dui investigation is now underway. "today in the bay's" christie smith has been on the scene all morning for us. she's there once again as they begin to clean things up there. >> reporter: good morning. one car was just towed out of here five minutes ago. the other car is being towed out

right now as we speak. it is being loaded onto a flatbed tow truck there. we are finally seeing cars heading west on geary, which is new, because it had been shut down for hours after this horrible fatal accident. san francisco police say a man in an audi slammed into the side of a vehicle at 2:15 this morning. the driver in the other vehicle was pronounced dead at the scene. witnesses tell investigators the driver in the audi may have been speeding and blowing through red lights before slamming into the car. it was so bad that firefighters were called out here to cut the victim out of the car. police tell me the driver in the audi is still hospitalized this morning with non-life-threatening injuries. and he is being detained. they are also investigating this morning still whether drugs or alcohol may have played a role. this is a major accident investigation. we can tell you that there are still officers out here taking measurements this morning. but it looks like at least one

direction of geary is back open this morning, but they are telling us maybe 20 to 30 minutes still before the entire intersection is back open. that's the latest from here, reporting live in san francisco, christie smith, "today in the bay." thank you. >> 6:49 right now. new information shows people in the south bay could be warming up to the idea of higher taxes. >> that's encouraging news for city leaders in san jose because they are trying to solve the budget problems. "today in the bay's" bob redell is live now in san jose with what people are saying and what the city leaders are taking from this information. bob? >> reporter: well, brent and laura, what you are saying about people in san jose being in favor of higher taxes, a little bit of a surprise because when you come out here and you ask your typical man on the street, this is typically the response you get. >> keep the way it is right now. the way that the economy is, it hasn't gotten bet, just a little bit, but where i work things are

pretty bad. we see enough taxes already. >> reporter: would you believe that according to city polling he holds the minority opinion? when asked recently if they would support a hypothetical 15-year quarter-cent sales tax increase, this would be to preserve vital services, you know n the south bay. a majority of san jose south residents say 62% said yes, 32% said no. the city conducted the polling during the third week of january to try to get a sense hoff of how the residents think they should solve the $110 million budget deficit. they supported cutting employee compensation over raising taxes or cutting services, but the question was if this was the only option what would you do? the city is still digesting the results of the survey. there's been no indication that the city council is actually considering pushing for an increase in the sales tax. if they did, the quarter-cent

sales tax would raise the taxes to 9.5%. bob redell for "today in the bay." thank you for that update, bob. in the meantime, we are getting details about a sexual assault in the east bay overnight. oakland police are investigating the rape of a 7-year-old boy. they tell "today in the bay" that the attack happened in the restroom at the boys and girls club in east oakland. they also say that the suspect in that case is a boy under the age of 18 years old. a congressman is leaving capitol hill after a half-naked photo he took was leaked online. tracie potts is live in washington this morning with all the latest scandals from capitol hill. >> reporter: good morning. the thing that everyone is talking about is how fast all of this went down. mid-afternoon yesterday we saw the e-mails and photo online. a couple hours later, three hours later, congressman chris lee says he's resigning. it was announced on the house

floor early yesterday evening. now, here's what we know that happened. apparently he answered a craigslist ad for a woman looking for a date. there was an exchapgs of e-mail. at some point he sent her a photo-himself topless. a photo he took of himself on his blackberry. she began to suspect something. friends told her something could be wrong. she googled him and realized he was not the single washington lobbyist that he said but was, in fact, a married u.s. congressman. she turned the photos over. they were published on the ebb with website gawker.com. when all this came to light the congressman decided to step down. in fact, in a statement he said he made profound mistakes and regrets the harm he caused his family, his staff and constituents. he is asking for forgiveness and deeply and sincerely apologized to them all. congress is short one member today. one less member of congress today as a result of this really

quick scandal. >> well, he's hoping it will be quick, no doubt. hopefully it just goes away. today is the day millions of people have been waiting years for. >> the iphone is now available on verizon. scott mcgrew, the only bay area reporter, was able to get his hands on the iphone before the general public. can you hear me now? nasa the main thing. >> reporter: yes, i can. and verizon will be delighted to know you said that. obviously, a verizon phone is pretty much the same as the at&t phone. there are minor differences, but as everybody points out it is the network issue everybody is so excited about. you should point out that i'm the only bay area reporter allowed inside a verizon store at this hour, but they make me keep it on the court. when you get in here you can have your own. this is the first day verizon is selling the iphone to the general public without preorder where you can just walk in. john harris is one of the district managers. he was just firing up his troops a little bit ago. they are all ready to go.

you open in, what, ten minutes, what did you tell them? >> we are excite for the the opportunity. customers have been excited for this. we are glad to have them in our store today to take care of them and provide them the opportunity to make the right choice for them and get a device that fits their need. >> reporter: you have a line outside, not a huge line, but there's a line. will there be enough for everyone if i show up in an hour or during my lunch hour? >> we are excited to have as many customers come down to come down. >> reporter: i know there will be enough customers, will there be enough phones? >> we are hoping to get everybody taken care of. we'll do everything we can. we'll show you everything we can and take great care of you today. >> reporter: an incredible non-answer from john harris. you did that very well. very good. you see all the folks behind me ready to go. we'll certainly be covering this this morning. then scott budman will have the very latest for you at 5:00 and 6:00. >> do you get a free balloon? >> reporter: yes, you do, if you

buy an iphone. this is kind of interesting. did you know that people in four states couldn't even use iphones until today? north and south dakota, montana and wyoming are not served by at&t wireless creating a big iphone dead zone. stores in those states reportedly were stocked up and ready to go this morning. interesting. >> yeah, i mean, for the folks that had at&t, this is finally the day for them with verizon. let's go to christina to take a look at the chilly places in the 20s. >> gilroy and santa rosa are in the 20s. we'll warm to the 60s later on. rain arrives just in time for valentine's day. keep that in mind as you make your plans. 65 in napa later on under full sunshine. 56 in san rafael. san francisco is at 64 degrees later today. it is mild along the peninsula this morning with temperatures climbing after the sun rises at

7:16. we are looking good. we also have a big fund-raiser happening in san francisco at 11:30. we would love to see you there. if you want more information on the heroes and hearts luncheon, log on to bay area proud on facebook. we have fog in san francisco trying to get around the city this morning, huh, mike? yes, you talked about the luncheon, but we have to get through the morning commute. we have the closure of geary boulevard this morning with a deadly accident investigation continuing. as christie smith told you, westbound geary we opened, but avoid the few blocks around. that will affect the 38 and geary muni line. plan on delays for those areas getting to their destination. use california or fulton to get around this. it will be another half hour before they clear the scene. follow us on facebook and twitter. when the metering lights are on, it causes the backup to build past 880 and west grand avenue. not a big deal for the east bay approach. we are coming down to the south

bay to show a smooth drive. northbound 101 is showing us traditionally slow up to capital and 880. a live shot from the chopper along the peninsula, 101 is pretty sparsely populated. that's good news as the sun comes up. use the sunglasses. thank you for joining us. the "today" show is up next with more on the diet warning that could lead to a stroke. and a live interview with sir elton john. hope he opens up about fatherhood and what is next for his career. >> thank you for joining us this morning. [ female announcer ] why settle for plain bread

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