>> new this morning, former b.a.r.t. floofr johannas mehserle is now a free man. i'm christie smith live at the b.a.r.t. station in oakland where protesters are expected to return later this morning. that story coming up. >> we'll have team the family of an east bay nursing student missing, not ready to believe she may be dead. a live look outside this morning at the bay bridge. it's monday, june 13th.

this is "today in the east bay." >> good morning i'm scott mcgrew. it's 4:30. a check of your forecast and christina loren. it was cloudy this past week. >> you know what -- >> when i get off vacation, no. you know what. >> you're back in town and we're going to start cooking this week as a result. we're looking pretty warm today. scott mcgrew, bringing back the warmth. we're glad you're back. things look good. we don't have fog yet. i'm expecting a pretty significant round, though, and good marine push this morning. we are headed toward 90-degree weather inland, concord i think you'll see 90s as of tomorrow. i'll break down your forecast coming up. it's a new week. we've got a new weather pattern to look forward to. first, let's check your drive with mo'nique. >> and a new traffic anchor filling in.

thank you so much. we begin with a look at the south bay. a major problem in mountain view this morning. westbound 237, approaching highway 85. we have a sigalert. major injury accident blocking a lane of traffic. of course a sigalert is an unplanned lane closure of 30 minutes or more. we'll keep you updated and that is a look at traffic. a full look at the commute coming up. >> thank you much. this morning the former b.a.r.t. police officer who shot and killed an unarmed passenger is a free man. johannas mehserle was released from jail at 12:01 this morning, family and friends of the man he shot are disappointed and frustrated. today in the east bay's christie smith is live in oakland at the fruitvale b.a.r.t. station where a huge protest is expected. good morning. >> reporter: good morning to you. johannas mehserle did not serve his entire two-year sentence in part because of credit for time served. but to many his release is a harsh reminder of what happened

here january 2009. this morning there is a sign up a at the fruitvale b.a.r.t. station. protesters are expected to return to where oscar grant was shot on the platform new year's day. the former police officer as you said walked out a free man at 12:01 after serving just 11 months. he was jailed immediately after a los angeles jury found him guilty of involuntary manslaughter last july. for oscar grant's family and his supporters the tragedy and release to them it means the system failed. hundreds of protesters waited the release. it got loud and boisterous. fears of violence or looting that followed the verdict, they were not realized at least this weekend. mehserle shot passenger oscar grant and said that he had meant to use his taser. the whole thing still divisive and upsetting to many here in oakland. >> worse case scenario, and i'm

saying worse case that it was an accident. even then two years, get real. come on. he killed a man. he took a man's life. >> reporter: exactly where mehserle is at this hour is unclear. his attorney has not said. he may be free but the story is not over. a federal civil suit and appeal of mehserle's conviction are still active in the courts. reporting live in oakland, christie smith, "today in the east bay." >> thank you. we'll learn more about that lawsuit filed against the oakland police department. the national lawyers guild filed suit on behalf of 150 demonstrators who were arrested after mehserle was sentenced. the demonstrators say on november 4th, they were arrested without warning, never told to disperse. they spent the night in jail but were never charged. some protesters told the news group they were on a bus for six hours without ever being allowed to go to the restroom. police searching for three

suspects wanted in a beating death during a home invasion robbery after midnight. last thursday near costa avenue in richmond, three men broke into the home of anthony greenwood, beat him on the head, the victim taken to the hospital. he died the following day. investigators say this was not a random attack. greenwood knew at least one of the attackers. police arrested warrants but have not released details on the suspects they are looking for. >> this morning the disappearance of michelle le is being investigated as a homicide. the family of the missing nursing student keeping hope alive they are passing out flyers urging people to look for her. kimberly tere has the latest on the search. >> any signs that she's not out there we still will believe she's out there. >> reporter: and in your gut that's what you believe. >> yes. absolutely. she's a fighter and we're fighting as hard for her. >> reporter: michelle le's family and friends gathered

sunday for what they call a much more organized effort to distribute flyers with information on the missing nursing student. >> we're looking at grocery stores, convenient stores, fast food places. >> reporter: le was seen may 27 leaving kaiser hospital. she was doing a clinical rotation part of her course work. >> people assume we're going to give up because the case has been changed to a homicide but they haven't found her. they haven't found her. if it was you know, if it was any one's sis terks daughter, they would keep fighting and keep trying to find her. >> passing out flyers today. thank you. >> reporter: today, strangers showed up to help the family pass out flyers. >> i never met her but i know the area a little bit so you know, i'm concerned. >> thank you. >> reporter: half a mile from kaiser, in the neighborhood where her car was found residents pitched in to help.

>> i've been knocking on doors to support by putting these posters on my bike so to show people around that i care. >> my wife, she's worried about it. she wants michelle to be alive. we all do. >> reporter: police remained tight-lipped about the investigation. on friday they continued their search of remote areas of alameda county. so far they have not turned up new clues. >> the police may have given up on finding her alive but our family has not. >> 4:37. anger over a man's drowning continues to be the talk of the town in alameda. people gathered at crown memorial beach where raymond zach committed suicide by walking into the water and drowning. the story made national headlines after firefighters and police officers stood and watched the man drown and did nothing to help him. yesterday, alameda residents re-created the situation to show

how easy it would have been to save him. >> it's not as cold as a lot of people reported. and we showed that about 150 yards out the water was only about 5 1/2 feet deep. so, we think raymond's act could have been saved by somebody walking into the water. nobody needed to swim. nobody needed a boat. >> alameda fire leaders say policy prevented them from going in the water because a certification period had lapsed. they are now reimplementing the water rescue program. >> smoke in dublin should be nothing to worry about. firefighters will set fires to clear brush and train crews on fighting wild fires. this is video of a controlled fire on mt. hamilton a few years ago. crews are expected to burn 100 acres near the sheriff's regional training center on madigan road 8:00 to 3:00 today and tomorrow. firefighters ask people in the area to keep doors and windows

closed through wednesday morning in the area because of the smoke. pg&e is testing the natural gas pipe lines today. crews expected to start venting in hayward. pg&e says service in the area will not be disrupted. there may be a slight smell of gas that is normal. the hayward pipe is part of 150 miles of pipeline similar to the one in san bruno that the utility is testing. >> we talked about the controlled burn. let's talk about winds with christina. are they going to be able to do that? >> they probably will. we're going to see light winds. we had gusty winds overnight. high pressure is setting up and stabilizing that air mass overhead. so what we can expect for the next few days, definitely a warm-up. because we have light wind this morning i'm expecting a pretty good round of fog as we head throughout the morning. you really want to take note of that if you suffer from respiratory problems or asthma. high pressure building in. this is really going to warm us

up for the next three days. starting today our temperatures are going to ramp up into the 80s. about 5 to 7 degrees warmer from yesterday, as of tomorrow we'll tack on another 7 degrees. some cities expecting the 90s tomorrow. concord, livermore, i'm forecasting 90s. 55 in oakland now. 56 in concord, and 53 degrees in livermore. we're headed to the low 80s today. and then tomorrow the heat is on. 70 degrees for today in san francisco. a gorgeous day if you work in the city. crystal clear conditions anticipated by probably 10:00 a.m. 73 degrees in oakland, 79 in fremont, and 80 degrees in san jose. stay tuned. i've got that 7-day outlook. i'll let you know which day will be the warmest. let's check your drive. >> i'm wondering which day is going to be the warmest. here is a look at the approaches to the bay bridge. traffic is flowing nicely. we have our eye on one major hot spot this morning. it's in mountain view, westbound 237 approaching there at highway

85 a. sigalert in effect until further notice, which is an unplanned lane closure. a major accident blocking a lane of traffic. if your commute takes you through pittsburgh, eastbound highway 4 at love ridge road there is a full freeway closure. let's go out and take a look at oakland which traffic is flowing nicely. that's a full look at traffic. let's toss it to you, scott. >> thank you. coming up, a stinky situation about to come to head in the east bay. the public weighing in on a battle over sewer lines. proving them wrong, let's talk about basketball. 17 years later. there is cal baseball. all kinds of sports, east bay neat stuff coming up in a minute.

>> 4:44 now. two days until the june 15th deadline state lawmakers still do not have a budget deal. senate president darryl steinberg says 90% of the work is done but they still have to figure out how to generate $10 million to close the remaining state budget gap. the governor jerry brown wants to extend the temporary taxes, republicans say they will agree if a spending cap and pension reforms are attached.

our political analyst larry gerston says lawmakers have an extra incentive to make sure a budget is passed on time. >> we know this much. they don't get paid after the 15th, they have a $10 billion gap to close, and they are running out of time. >> voters passed proposition 25 in november, that docks lawmakers' pay permanently for every day the budget is late. >> california not the only state dealing with a budget deadline. on capitol hill they are trying to come up with a deal for the federal government. the chair of the house budget committee, paul ryan, says a deal would help calm the markets, get us to recovery. for more on that and the rest of the news before the bell it's nicole. good morning. >> hey, great to see you, scott. we need a lot of calm out there. futures are slightly higher but it was a tough week on wall street last week. markets fell for a sixth straight week, amid concerns about a global economic slowdown. more disappointing data out of the united states last week. notably from the fed which saw

signs of slowing in several parts of the country, also worries overseas especially in europe as officials continue to clash over greece. no big economic data today but in this week we have a lot coming out. consumer prices, producer prices, retail sales, manufacturing and housing to name a couple of things we're looking at. to recap the dow falling 172 points on friday, 11,951 is where we close. that is below the key 12,000 psychological level for the first time since march. the nasdaq also losing 41 to 2643. also, gas prices dropping 16 cents in the past three weeks to an average of 3.74. that's partly due to continued weak demand for energy and partly due to reports out of saudi arabia that they are ramping up production. apple curtain of secrecy. apparently not extended to the middle east.

a wireless executive told the paper that apple will roll out a 4 g iphone later. his company was quick to deny and clarify that no, we were just saying basically that we're in talks to bring it to the region. but scott, you know there are also doubts by analysts who think that apple's not widespread enough for mass production like the iphone. >> fair enough. nicole, thank you. 4:47. huge turnout expected in the east bay to put out a potentially stinky and costly situation, put it under ground. san leandro says it doesn't have to maintain miles of sewer lines under homes any more. the city argues they are only legally responsible for paying for the main line, and providing a point of connection. not the privately owned connecting line. so, homeowners may be forced to shell out several thousand dollars to move and reconnect lines that run on their private property to the main new line. >> christina has a look at the

forecast. good morning. >> well, good morning and more importantly, welcome back, mr. scott mcgrew. we missed you. we've got warm weather to look forward to this weekend. excuse me, this week. and as we head toward the weekend, the end of the week, that's when we're going to get some of the best weather. i think we'll see the low 70s once again when onshore flow comes back in the mix. for the next few days it's going to be downright toasty in the east bay especially the tri-valley region. make sure you're ready for. we haven't had weather like this all year. this is the first mini heat wave, significant, that we've had. so make sure you're ready especially if you work outside, got to have the hydration handy. high pressure warming us up all week. this is what we expect. the high pressure ridge is out in the pacific. you can see the clouds arcing up and around that strong ridge. we've got dry sinking air here, kind of compression. so that's what you think when you think of high pressure, it's going to continue to move over us and compress. through the next 48 hours it will set up over the bay area.

that's when we see the off shore winds, that means no marine layer, no fog for the next couple of days, but it will get warm. 90-degree weather forecasted as of tomorrow. 53 now in livermore, 56 in hayward and 53 degrees in san mateo. we're headed to the 70s along the peninsula, gorgeous in the city, if you're head there had for work, 73 for you in oakland and 80 degrees in san jose. so we're looking toward a warm-up. 90 tomorrow. 92 in concord on wednesday. so yeah, a warm-up on the way. hope you're ready for it, buddy. >> i am. thank you very much. the east bay's jason kidd finally has his nba title. >> the dallas mavericks are nba champions. the first title in franchise history. >> mavericks star dirk nowitzki left the court as soon as the final buzzer sounded with tears in his eyes. cal alum jason kidd, he stayed on the court to celebrate. it took kidd 17 years playing

pro basketball to get his title. he says it was worth it. >> it's a dream come true. you know, it's not real right now because just the battles against the heat and understanding the journey. it's been a long journey for 17 years, and i'm just happy to be at the right place at the right time. >> a lot of the focus for the finals not on the mavericks but lebron james. he left the cavaliers for miami believing it was his best shot at a title. the cavs owner sent out this tweet, congrats to mark c. and the entire mavs org. mavs never stoond now entire franchise gets rings. old lesson for all, there are no short cuts, none. cal's baseball team showing the university why talks about cutting the baseball program were a bad idea. the bears beat dallas baptist to earn their first college world series berth in 19 years.

they have little time to let it sink in. cal does not have to be at opening ceremonies until friday. the world series schedule is not set yet. the earliest the bears can play is saturday. >> 4:50 coming up. graduation day, special for every high school. but at this berkeley school extra special. we'll tell you why coming up. plus, lawmakers will return to work on capitol hill minus one man. the latest on the anthony weiner scandal. >> and good news in mountain view. a sipg alert there just cleared westbound 237 at 85 is clear a. full look at your monday morning commute coming up.

>> 4:53. a lot of graduations in the bay area this weekend. one extra special, a college prep school in berkeley graduated its first class of seniors, all 17 grads accepted to four-year colleges, many are their first in the family to go to university. the charter school has mostly low income students and was awarded more than $1 million in scholarships. let's check in what's going on later today in the bay with laura. >> good morning. welcome back to you, scott. >> thank you. >> good to have you back. a ban on same-sex marriage takes center court today in san francisco. a judge recently overturned that ban and today another judge will take up arguments against that ruling. if you see smoke in dublin today, it's actually supposed to be that way. we're going to tell you what's going on. if you are wanting some pie you may be out of luck. >> with all of the pie news. thank you. i've got a little bit of a tan but i think nobody changed more

than mike inouye. good morning. >> no one has. yes, good morning. let's head out to the south bay. a full look at it. we have one minor problem, northbound 680, capital an accident on the shoulder. the big problem we're telling you about has been in mountain view. that cleared. i got off the phone with chp. there was a sigalert at highway 85. that is clear. let's look at your approach through livermore. westbound 580 through the altamont pass. seeing a little bit of slowing but not too bad. and let's go out live to the bay bridge. metering lights aren't turned on this early, there is no real backup so that's a look at traffic. we'll toss it back to you. >> thank you much. the house back in session today and congressman anthony weiner will not be there. he has announced he'll take time off to get help after admitting he had inappropriate relationships with several women on the internet. today in the bay's tracie potts

takes a look. >> i don't have anything more. >> this is saturday. >> we all support you. >> reporter: the congressman says he's not quitting, he is taking a leave of absence to get professional help after news that, in addition to sending explicit photos to women he was tweeting a 17-year-old girl. >> nothing explicit. >> reporter: with new photos posted on tmz.com the hiatus one colleague says was to let this die down. >> they have to get anthony weiner off the front pages. >> reporter: democrats and republicans think he should resign. >> it seems difficult that he could proceed to represent his constituents in an effective way. >> important work to do and this is a ridiculous distraction. >> a mortgage want winer to stay. >> when you get a good congressman like anthony weiner you need to stick behind him. >> it's not affecting his work. it shouldn't affect our politics. >> reporter: at his office this weekend protesters insist that

weiner set a bad example. >> kids can say why can't i do it if he can. >> reporter: no word how long before weiner returns. and no word on what type of treatment or where weiner will be. tracie potts, nbc news, washington. >> 4:57. coming up the bay area city that's considering giving property owners more control over their sidewalks. plus, the most expensive charity item ever sold on ebay, much would you pay for a meal with warren buffett? wo

>> the case of same-sex marriage goes back to a federal courtroom in san francisco. the focus of debate this morning, the sexual orientation of the judge who presided over the case. i'm bob redell. that story coming up. >> new this morning the former b.a.r.t. police officer who shot and killed passenger oscar grant is a free man this morning.