fruitvale b.a.r.t. station in oakland. we'll have reaction from grant's family coming up in a live report. >> plus, investigators looking into the attack on giants fan bryan stowe know the results of their latest lead. an update on the investigation is coming up next. a live look outside, this time from the east bay. this monday, june 13th. this is today in the bay. >> good monday morning. thanks for joining us. i'm laura garcia-cannon. the heat wave has started. i was telling christina we're such babies. >> i know. you know what, we don't want to turn on the ac unless we absolutely have to. i think some of us might need to as we head through the next couple of days. not today. we've got the short-lived heat wave that's going to last about three days. we're talking about the 90s. i'll let you know where, what cities are expected to be the warmest and we're going to get

spring-like weather that's coming up. right now let's get to you work on time. a back to work monday. good morning, monique. >> good morning. it's a back to work monday. here is a look at your approaches to the bay bridge. top speeds across the bay, look at that, some guy's going 78 miles per hour. we have a report southbound 880, high street t on ramp is closed due to construction. i'll get more details on that. also, another construction project to tell you about, that's going on eastbound highway 4 there at love ridge road. full freeway closure to about 5:30 this morning. details are in place. that's a first look at traffic. we'll have a full report. >> we'll look forward to it. thank you. the issue of gay marriage is back in a courtroom in san francisco this morning. at issue is a ban on same-sex marriage and the sexual orientation of the judge who overturned it. bob redell is live in san francisco with more. good morning, bob. >> reporter: good morning, laura. was the judge who presided over

the case of same-sex marriage impartial even though he himself is gay? that is the issue that will be facing the ninth circuit court later this morning here in san francisco. last august, judge vaughn walker overturned proposition 8, ruling that the voter approved ban on same-sex marriage is unconstitutional and violates the civil rights of gay men and women in california. today supporters of prop 8 will ask the court to nullify that ruling. they argue that walker should have recused himself or at least announced that he was gay prior to the case. they believe it's a conflict of interest, not because he's gay but rather because he could personally benefit from his decision to overturn the ban on same-sex marriage. after walker retired from the bench earlier this year he did announce that he had been in a relationship with another man, not a huge surprise given there had been rumors of his sexual orientation all along. he doesn't believe his homosexuality was relevant to

his job as a judge and has not said whether he intends to marry another man. some legal experts tend to agree with his analysis about whether that was relevant or not noting that women and minorities haven't had to recuse themselves when presiding over cases involving issues, say like civil rights or immigration. a legal fight over prop 8 is not over. there is a separate appeal over walker's decision that's going on as well. though the circuit court has stayed walker's decision during the appeal process which means that the ban on same-sex marriage is still in effect here in california. reporting live here in san francisco, bob redell, "today in the bay." >> thank you very much. it's 5:03. the the man accused of shooting and killing two people at a souvenir shop will be in court. he will attend a mental competency hearing. his attorney says he does not understand the charges and

cannot assist in his defense. >> whu own as shop. he is accused of walking into a competing shop and gunning down two people who work there. also in court today, six people accused of killing a german tourist in august of last year. 50-year-old was shot when she was apparently caught in the crossfire of a gang-related shoot-out. it happened in the theater district. two other people were injured in the shooting. all suspects will be arraigned today. >> the two teenagers accused of setting fire to a south bay school will be in court. the teens will attend a preliminary hearing. they are both charged as adults for the july 2010 fire at trace elementary school in san jose. the fire cost $10 million in damage. >> reports that los angeles police had a jersey in evidence with bryan stowe's blood on it could be false. on friday there was a report that police had that evidence but yesterday another police

source told the "l.a. times" there is a jersey but it does not have blood on it. the sources said while a jersey had been turned in to police, testing showed neither stowe's or ramirez' dna on it. the lawyers insist that he is a victim of mistaken identity. >> this morning johannas mehserle is a free man after 11 months of a two-year sentence. today in the bay's christie smith is live in oakland where police are bracing for more protest over that early release. good morning. >> reporter: good morning. yeah t former b.a.r.t. police officer was given credit for time served, and that is the reason behind the 11 months that he spent behind bars. here in oakland this morning there is a sign-up at the fruitvale b.a.r.t. station where oscar grant was shot in 2009, this morning it reads, no justice, no peace, rise in power, as protesters are

expected to return this morning to voice their frustrations over johannas mehserle's release. he was jailed immediately after a los angeles jury found him guilty of involuntary manslaughter last july. he had said he meant to fire his taser and not his handgun in shooting the passenger oscar grant in anticipation hundreds of protesters took to the streets and rallied. they were loud but non-violent. grant's uncle was in los angeles, he expressed his frustration with what he sees as a failure in the justice system. >> you know, this is a travesty to our criminal justice system. it's a travesty to the men of color in our community. it's a travesty to us as a family to have to suffer this injustice that we did in this issue concerning him shooting my nephew. >> reporter: now, exactly where mehserle is or what his plans

are, his attorney has not said. but the implications of the shooting are not over. a federal civil suit and appeal of mehserle's conviction are still active in the courts. and back here live i wanted to mention that when we had the verdict and the sentencing, we were here and we saw that the b.a.r.t. station was completely boarded up. a much different scene this morning, buses are rolling through. in the past they had been stopped so much quieter but crowds are expected later on. reporting live in oakland, christie smith, today in the "bay area living." >> interesting to see who comes out. thank you very much. >> with temperatures starting to rise permits for open burning have been suspended. cal fire will declare the start of the fire season today. it will stop issuing permits for open burning in areas that it operates. this includes santa clara, contra costa and alameda counties and parts of san joaquin counties. 12 fire engines will be staffed

to meet changing weather and the fire conditions. later this morning the san francisco board of supervisors will debate transferring the care of 24,000 street trees to private property owners. the department of public works says it is unable to properly maintain the trees and wants the board to pass that measure. the the move would save the city $600,000 next fiscal year. property owners are charged with carrying for 65,000 trees on sidewalks. the city takes care of 31,000 others including those on the medians. san jose run as similar measure and makes property owner eer responsible for the trees. going to have to get out the hose or something. turn on the sprinklers i guess. >> kiddie pool in my case. >> is that how you keep cool. >> lemonade and kiddie pool in the backyard. we're going to warm up. some of the warmest temperatures we've had all year long on the way. it's going to be a short-lived

mini heat wave but i think it will catch some people off guard. make sure you're ready for 90s as early as tomorrow and the warmest inland spots. high pressure in control, you can see the clouds arcing up and all the way around that big strong ridge of high pressure. each and every day as we head through wednesday it's going to get closer by wednesday, setting up over the bay area. and driving those warm downsloping winds. the offshore flow is what really warms us up. that's the pattern that brings our temperatures up into the 90s this time of year. and that's what we're expecting. what also happens we get the flow it pushes the marine layer out to sea, so this morning we're going to see a little bit of the marine push, in napa reduced visibility. but as of tomorrow and tuesday, excuse me, wednesday, we're not going to see fog. it will be clear as you walk out the front door even in san francisco. couple of rare days. 56 in hayward, 54 in sunnyvale. we're headed toward the low 70s along the peninsula. 70 in san francisco, 73 in oakland today. and take a look at concord, 81

degrees already. gilroy 82. morgan hill, i'm forecasting 90 for you as of tomorrow. maybe even 92 degrees as we head into wednesday. the warmest day of the week. we're going to drop off in time for the weekend. the weekend looks great for outdoor plans. perfect. upper 70s. but we've got a couple of warm days to get through first. >> i can't get that marilyn monroe song outs of my head. >> do it. >> "having a heat wave." your bay area bridges, traffic flows nicely on these bridges and the rest of the bridges this morning. moving to livermore, the commute is definitely starting to pick up. seeing a little bit of slowing there. 55 miles per hour. and in hayward, traffic is getting heavier but still flowing nicely. top speeds through hayward. heading outside live to 880 through oakland, we do have a little bit of construction, there i told you about earlier. southbound at 880, that high street on ramp is closed due to

construction. that is a full look at traffic. laura, back to you. >> thank you. it's 5:10. the build-up to america's cup continues today as the defending champ takes to the bay. the new beatles item about to go up for auction. we're going to take a look. and billionaire warren buffett giving a boost to a bay area nonprofit. it's getting more than $2 million to help the needy. live look ide this morning. in the south bay, overlooking hp pavilion.

>> welcome back. beautiful live look outside. one of the most gorgeous views in the bay. at the bay bridge this morning. we're going to check the morning

commute there and other areas coming up in a bit. 5:13. a bay area nonprofit getting a big check thanks to one of the world's richest men. today in the bay's nicole lapin is live with that and the rest of our news before the bell. good morning. >> hey, good morning. futures are higher after another tough week on wall street markets fell for a sixth straight week in a row amid concerns about 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. there are also worries overseas, especially in europe as officials continue to clash over a new bailout package for greece. no big data today. consumer prices, producer prices, retail, manufacturing and housing to name a couple of things we're eyeing. the dow falling 172 points on friday to recap, 11,951. that's below the key

psychological 12,000 mark. it's the first time we hit that level since march of this year. the nasdaq also losing 41. this morning what's in a name? a lot of money apparently. apple is sued by an arizona-based computer communications company over the icloud name. icloud was founded in 2005, apple announced its new online storage service of course, also called icloud. the arizona firm claims that apple has a long history of knowingly trending on other people's trademarks, being sued by the beatles for the use of the apple name. also, that steak lunch with warren buffett apparently is going to cost the same amount it did last year. just a measly $2.63 million. yeah, that's how much the winning bidder paid on the online auction which closed on friday.

the final bid, this is interesting, was actually $2.35 million but this anonymous winner kicked in extra cash, just for bragging rights to beat out last year's bid by 100 bucks. i guess when you're at the 2 million level a couple of extra hundred thousand. whatever. >> so interesting to be at that level of money but still need to talk to warren buffett that badly. >> i just hope that dessert is included in that. >> no kidding. no kidding. do you think we'll find out who it is? >> no, you know, he stayed anonymous. only two bids were made this year and that's compared to nine bids last year. it's good for just you know, your local charity, all of the proceeds to the glide foundation around the corner from you. >> in san francisco it's a great place, too. thank you very much. good to see you. it's 5:16. sailing fans can catch an early look at the defending america's cup champions as they practice on the bay. this is going to be their first

action for larry's oracle team since winning the top sailing prize last year. the team will sail 45-foot catamaran boats, then switch to the standard 72-foot version to defend the title. the 34th america's cup in san francisco on 2013, our own bob redell will be on the water with the sailors today. we're going to show you how his ride went tomorrow morning. hopefully it doesn't tip him over. i think the weather's going to cooperate for sailing on the bay. >> yes. i think it's going to be a very nice day. it gets choppy when we have windy conditions. this morning winds have calmed down. after last night they were gusty in the east bay hills. because of this area of low pressure now pulling out of the area and pushing into the four corners region, you can see that here, you see that cloud cover here pushing into ukiah. i believe we'll see mostly cloudy conditions as the marine layer pushes in. but tomorrow, much, much clearer

as we start out the day, high pressure moving closer and closer to the bay area through wednesday. wednesday it will be at its maximum energy. that means our temperatures will climb possibly above 90 degrees in some bay area cities. i am going 90s tomorrow. 55 degrees right now at oakland. it's hard to believe. 53 in livermore. 63 today in the city. if you're heading to san francisco for work this is what we're looking at. mild, a thin veil of cloud cover cover. by 4:00 p.m., completely clear, 70 degrees, a gorgeous day in the city. san francisco, you might get as high as 77 degrees later this week so a gorgeous day in the city when you reach the upper 70s. this is what we're looking at across the bay area today. 82 degrees in gilroy, 81 in santa rosa and 80 degrees in napa. got a big weekend, daddy's day coming up on sunday. 74 degrees. that will be phenomenal. you want to take your dad golfing, perfect weather for that. we've got to get through monday,

tuesday and wednesday, laura. 90s wednesday. can you handle it. >> can my air conditioning handle it. thanks so much. it's 5:18 now. beatles fans who want to follow this next story even if you're not, after more than 40 years of being stashed in a basement previously unknown photos documenting the moment the beatles became a worldwide phenomenon. they are going up for auction in new york next month. when he was 18 years old, photographer mike mitchell was given a press pass to the beatles' first u.s. concert at the washington coliseum back in 1964. that was two days after the legendary performance on the ed sullivan show. his photos were taken up close and at some odd vantage points capturing an intimacy really not seen in later beatles photographs. mitchell says he never forgot he had the photos but didn't realize their value until now. >> never forgot that i had them

and never knew, really, until they were as gem-like as they are. really, until i got in this room, you know, and could see everything all spread out like this and what a forceful statement it makes. >> pretty amazing. the photos are valued between 1 and $6,000 each and the entire collection is estimated to be worth around $100,000. captures their innocence so to speak. 5:20 now. how did more than $6 billion vanish into thin air? that is what the federal government is trying to figure out. >> the governor takes to youtube. we get ready for another tech ipo. we'll have it all on tech today. >> and here is a look at the es dre , onesnd 24, traffic flows nicely, a 10-minute ride from 680 to tunnel. new icy hot naturals.

>> good morning to you. beautiful live look. golden gate bridge. all the way across the span this morning, visibility wise. traffic is moving smoothly. we'll check with it monique filling in for mike this morning. 5:22. starting today muni will try to add relief to one of its busiest rail lines. this is nearly 30% of all of muni's rail customers. buses between the financial district and ocean beach will be used to try to reduce the crowding. let's see if there is early overcrowding on the roadway this is morning. good morning. >> good morning. yes, here is a look at the approach to the bay bridge. traffic is flowing nicely, mostly through across the bay. we have that problem in oakland southbound 880 at high street. the on ramp has closed there. they are -- there is a spill and having a cleanup. let's look at the east shore freeway. about an 18-minute ride from the

carquinez bridge to the maze so no major problems. we all know it can get very bumpy later on. here's a look at 101 and 280, top speeds there as well. let's head out live to the san mateo bridge where it's a nice ride across the span of the bridge. it's about a 13-minute ride from hayward to foster city. those taillight there is on the way to foster city. that's a check of traffic. >> sounds good. we'll check back with you in a bit. more than $6 billion which was destined to help rebuild iraq cannot be accounted for. federal auditors say some or all of the cash may have been stolen and it's not just an accounting error. the money was part of a $12 billion cash air lift to iraq back in 2004, a year after the u.s.-led invasion of the country. it was used to help restore government services and jump start the shattered economy. congressional oversight committees argued over the years

that u.s. officials had no financial controls once the money arrived. it found evidence of waste, fraud and abuse in the distribution and spending of that money. >> 5:24 now. california needs $10 billion to close a budget gap and it only has a few days left to do it. scott says the governor is taking youtube to hurry the process along. >> good morning. the governor tweeting and youtubing as we count down to the june 15th deadline for the state budget. he wants to extend some taxes, make huge cuts to state programs as well and he wants you to get the chance to vote on that. >> i'm not asking the legislature to make all of these decisions. i'm asking for a vote of the people. first of all -- >> the governor releasing the short video to youtube. he needs just a few republican yes votes to send the ballot question to all californians. the governor's proven to be a savvy internet user, able to get this kind of message without the

hopes that those who agree with him will tweet it and put it on their facebook profiles. oakland-based pan dor ra will offer stock to the public. the good old ipo, people have been enthusiastic about tech ipos lately. pandora will trade under p. the company's got to pay music labels to play this music. the more viewers or listeners that it gets the more money it has to pay. the the question is can it scale. >> it doesn't play a flat. >> the better it gets the more popular the more its expenses go up. so that's the big question. can it be big? >> right. because investors certainly want it to be big in a different way. >> and profitable. >> thank you very much. 5:26. the family of a missing nursing student says they are not giving

up hope that she will be found alive. >> reporter: good morning. i'm christie smith live at the fruitvale b.a.r.t. station in oakland. a former b.a.r.t. police officer johannas mehserle is a free man. we'll have reaction from oscar grant's family. >> a live look at the bay bridge again this morning. temperatures really goi heat up. where and when, we'll check the forecast with christina loren.

>> reporter: both sides of the same-sex marriage debate back in a federal courtroom this morning, at issue the sexual orientation of the judge presided over the prop 8 case. that story coming up. >> johannas mehserle is a free man this morning. but the controversy is far from over. the new lawsuit facing the oakland police department. plus, as fire season starts fire departments are starting controlled burns, trying to get

rid of some of the brush. we'll tell you where coming up. and a live look outside, beautiful golden gate bridge this morning. it's monday, june 13th, this is "today in the bay." >> good morning to you. i'm laura garcia-cannon. thanks for joining us. hopefully you are coming off of a great weekend. warmer temperatures felt like spring, summer, taste of it. let's see what we're in store for. >> wasn't it nice to get outside finally. it was one of the first weekends in probably three weekends where we had good weather. no rain at all. it was gorgeous. we've got a warm-up starting today that kicks into high gear as we head through tuesday. talking about 90s, we'll tell you when, how warm it will be in your city and how long it will last coming up. you got to get back to work. 5:30 in the morning and we've got monique watching your roads. >> i'm watching them like a

hawk. watching southbound 880 in oakland, high street on ramp is closed due to a spill. cleanup is in process. we hope to have that cleaned up sooner than later. let's head out live to oakland. see how the traffic is flowing northbound 880 right there past the coliseum. no major problems to tell you about. that's good news on a monday morning. >> great news. thanks for sharing it with us. a chance to start anew. this morning the former bart police officer who shot oscar grant 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 bay's" christie smith is at the b.a.r.t. station where a huge protest is expected. >> reporter: good morning. johannas mehserle was sentenced to two years in prison but he didn't serve the entire thing in part because of credit for time served. for oscar grant's family, the

release is a sad and frustrating reminder of what happened on that b.a.r.t. platform january 1, 2009. how in their minds the criminal justice system failed. the officer served 11 months 18 jail and walked out a free man at 12:01. he had been locked up since a los angeles jury found him guilty of involuntary manslaughter. he said he meant to reach for his taser but fired his handgun instead. hundreds of protesters rallied in oakland, they were loud but mostly peaceful. some business owners boarded up windows worried there might be a repeat of damage that followed the verdict. grant's uncle was in los angeles, he was ready but upset with the schedule t notification and the release. >> here we are expecting a hearing on june 13 at 8:30 and yet again we've been jerked around, not just by the judge

himself but the city, the california department of correction as well as the criminal justice system because this officer was not held accountable for what he did. >> reporter: now, where mehserle is or what his plans are, his attorney hasn't said but the ripple effects of the shooting are not over. a federal civil suit and appeal of mehserle's conviction remain active in the courts. protesters may be back at the fruitvale b.a.r.t. station today. there is a sign up this morning, no justice no peace rise in power. but otherwise this morning at least looks like business as usual. reporting live in oakland, christie smith, "today in the bay." >> i can't imagine he would come back to the bay area, at least not right now. we'll see. >> reporter: absolutely. i wouldn't think so, but i guess stranger things have happened. >> thank you very much. it's 5:33. we'll learn more today about a class action suit filed against the oakland police department. the national lawyers guild fired

the suit on behalf of 150 demonstrators who were arrested after the sentencing of mehserle, the former b.a.r.t. police officer we mentioned killed oscar grant. november 4 they were arrested without a warning to disburse. they were never charged. some protesters told the news group they were held on a bus for six hours without being allowed to go to the restroom. >> richmond police are searching for three suspects wanted in the beating death during a home invasion robbery. that took place after midnight last thursday near costa avenue in richmond. three men broke into a home and beat a man on the head. the victim died the following day. investigators say it wasn't a random attack and greenwood knew at least one of the attackers. police have issued arrest warrants but not released details on those suspects. >> the subject of gay marriage is back in a courtroom in san

francisco. at issue is a ban on same-sex marriage and the sexual orientation of the judge who overturned it. today in the bay's bob redell joins us with an update. >> reporter: good morning. the issue facing the ninth circuit court later this morning here in san francisco is whether the judge who presided over the same-sex marriage case, whether he was impartial even though he himself is gay. last august judge vaughn walker overturned prop 8 ruling that the voter approved ban on same-sex marriage is unconstitutional and violates the civil rights of gay men and women in california. supporters will ask the court to nullify the ruling arguing that walker should have recused himself or announced he was gay prior to the case. they believe this is a conflict interest, not because he is gay but he could personally benefit from his decision. after walker retired from the

bench he did announce he had been in a relationship with another man, not a huge surprise given there had been rumors of his sexual orientation. he has said that he doesn't believe it was relevant to his job as a judge and has not said if he intends to marry another man. some legal experts tend to agree with his assessment, noting that women and minorities haven't had to recuse themselves when presiding over cases involving civil rights or immigration. the legal fight over proposition 8 is not over tlcht is a separate appeal over walker's decision that is going on right now. the circuit court has in the meantime stayed walker's ruling from last august, effectively keeping the ban on same-sex marriage in effect in the state of california. reporting live, bob redell, "today in the bay." >> thank you, bob. you may see smoke in dublin and

neighborhoods today and tomorrow but they say it's for a good reason. firefighters will be setting fires to clear brush and train crews on fighting wild fires. this is videos of a controlled fire a few years ago. crews are expected to burn 100 acres near the alameda county sheriff's training center from 8:00 this morning until 3:00 in the afternoon. today and tomorrow. firefighters ask people to keep windows and doors closed through wednesday morning because of all of that smoke. yeah, got to be careful. obviously there are controlled burns. they know what they are doing. don't try to start one on your own. i want to check the forecast, any winds to blow that out of the air. >> it would be nice but unfortunately we're not going to see cooling winds. the winds that we see later this week will be the downsloping

winds. pretty soon we have to concern ourselves with air quality. nice and clear mostly. except for a little bit of patchy fog through the north bay. we don't have a lot of activity out there. a very shallow formation of the marine layer this morning so what you will see in terms of mostly cloudy conditions, i think we'll get rid of that layer. by about 10:30 this morning, then tomorrow high pressure the reason why. it's going to continue to move in through the next 48 hours setting up over the bay area, driving the off shore winds, for los angeles that means the santa ana winds. for us a significant warm-up. we'll tack on 5 to 7 degrees and tomorrow 5 to 7 degrees more. that nenes 90s inland. 52 in napa. by lunch we're going to see the upper 70s in santa rosa. 79 degrees at noon. rounding out the day in the 80s, 81 for concord, 80 san jose, warmer tomorrow and warmer on

wednesday. the seven-day outlook in minutes. back to work monday. good morning. >> good morning, christina. traffic is flowing relatively nicely. this is the beginning of the summer travel season. let's head out to antioch highway 4 looking at speeds of about 63 miles per hour. eastbound in the direction there we have had a construction project all morning. supposed to be picked up around 5:30 this morning so it should be picked up any minute. heading to the drive through livermore, altamont pass to the 680 about a 15-minute ride. starting to see slowing on the sensors there. 54 miles per hour. heading out to the bay bridge, we have a live look. traffic is flowing nicely, the sun is starting to peek out. there metering lights have not been turned on yet. >> thank you very much. it's 5:39. we continue to follow the overnight release of johannes mehserle. we'll have more in a live report.

and more on this guy, anthony weiner. will hed bahiasnhitong n or perhaps somewhere to get a little help.

>> welcome back. the house is back in session today. congressman anthony weiner will not be there. he says he's going to 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 is live with what is next. good morning. >> laura, good morning, including twitter exchanges with a 17-year-old girl which could put this in a completely different category, but over the weekend reporters caught up with weiner in new york. he said that those exchanges were absolutely innocent, that they were -- there was nothing explicit or indecent about them.

in fact, authorities and the girl's parents checked her account and it appears there was nothing indecent about those exchanges. but we do have new photos of some of the exchanges that he had with older women including one of him apparently in the house gym with nothing on but a towel. the congressman saying he needs to take time off. he wants to take a leave of absence from congress, to get what he says will be professional help. we don't know what or where. he didn't detail that. all of this as his colleagues, democrats and republican, continue to say he should step down. he needs to resign. the budget chair on the republican side paul ryan in the house said this was, quote, a ridiculous distraction, given all of the things that they have to deal with. but one of reasons he may not step down, laura, the fact he's got a majority of support in his queens district. people there saying despite his private problems he's been a good congressman and they want to support him. >> that's what i understand.

people are rallying behind him in his own district. interesting. nothing is really surprising me any more out of washington. thank you very much. >> this morning a homicide investigation continues in the disappearance of nursing student michelle le. still, her family says they are not giving up hope she is alive until they get conclusive evidence otherwise. le's family distributed flyers with information about her. the 26-year-old was last seen leaving hayward's kaiser hospital on may 27. friends say she had just run out to the car to get something. the surveillance camera shows what looks to be her car leaving the parking garage but police later found the car parked less than a half mile away. it was locked with her valuables inside. le's family has come from all over to support each other and help with the search. >> people assume we're going to give up because the case has been changed to a homicide but they haven't found her.

if it was anyone's sister, daughter, they would keep fighting and trying to find her. >> police say they have compelling evidence that points to homicide. so far they say they do not have any new clues. >> a huge turnout is expected in the east bay tonight to put out a potentially stinky and costly situation under ground. the city of san leandro says it doesn't have to maintain miles of sewer lines under homes. the city argues they are only legally responsible for paying for main line and providing a point of connection, not the privately owned connecting lines. so, homeowners may be forced to shell out several thousand dollars to pay to move and reconnect those sewer lines that run on private property. into the main line. >> this morning workers for a popular family restaurant chain are without a job after it closed some of its locations. we're talking about marie

callenders. supposedly it happened so quickly customers were not given time to finish eating or pay for meals. reports say the restaurant's headquarters sent notice to 13 locations around the state to close down immediately. got to finish that chicken pot pie. even the locations taken off their website. now there are signs on the doors announcing the closure. >> cal's baseball team showing the university why talks about cutting the baseball program were certainly a bad idea. the bears beat dallas baptist last night to earn the first college world series berth in 19 years. good for them. they have a little time to celebrate, let it sink in. cal doesn't have to be at opening ceremonies until friday. the world series schedule isn't set yet and the earliest the bears can play is actually saturday. good for them. you know, it was on the verge of being cut. they had a lot of alumni donate to the fund to help get them going. look at that. going to the world series. nice. good baseball weather too? >> a little toasty if you're a

player. if you're a viewer, someone out in the stands, yeah. hey, bring your misty mate. fan your friends down. we're looking good this morning. this is what we're looking at. it's not going to last. it's the marine layer, very shallow at 1,000 feet. and i think it's going to actually break apart and threat sun shine through as early as 10:30. so we're going to get a lot of sunshine as a result. our temperatures are going to climb from yesterday by about 5 degrees. and then tomorrow we'll tack on an extra 7 on average. even warmer for wednesday, wait till i show you the seven-day outlook. satellite shows you mostly clear conditions, a little bit of patchy fog in the north bay as high pressure compresses the remnant moisture, the agricultural moisture in the area so watch out for reduced visibility in napa. about four mile, not too bad. in the 50s, mild out there if you walk out the front door you probably don't need a jacket in hayward, 56, oakland 55 and 52 degrees in santa rosa. take a look at where we're

headed, 80s, 81 degrees in los gatos. 81 and laura, this is the stafrmt look at this climb. hey, how about this. how do you like the looks of this. >> i like living in the 80s. i don't know about wednesday. >> debbie gibson. tiffany. >> i'm into wham, baby. >> george michael too. >> the east bay's jason kidd has his nba title. >> the dallas mavericks are nba champions. the first title in franchise history. >> oh, yeah. excited about that. maverick star dirk nowitzki theft court as soon as the buzzer sounded with tears in his eyes. even big boys cry. good for them. for jason kidd he stayed on the court to celebrate. it took kidd 17 years playing pro basketball to get his title and he says it was worth it. >> it's a dream come true. you know, it's not real right now because of just the battles

against the heat and understanding the journey, it has been a long journey for 17 years and i'm happy to be at the right place at the right time. >> now a lot of the focus for the finals not on the mavericks but on lebron james. you may remember james theft cleveland cavaliers for miami last summer believing it was his best shot at a title. after last night's game the cavs owr sent out this tweet. congrats to mark and the entire mavs organization. mavs never stopped and now the entire franchise gets rings. old lesson for all, there are no shortcuts. none. >> switching gears, 5:49. former b.a.r.t. officer johannes mehserle is free this morning. he was released early this morning from an l.a. county jam. john cadiz klemack is live in downtown l.a. where there is expected to be a protest as well as when we expect one in the bay area. >> reporter: good morning. yeah, we've seen the big ones up there in the bay area. here in los angeles we

understand that the l.a. coalition for justice for oscar grant, the name of the group, they are going to set up about a block away from us, the criminal court building where mehserle was convicted. they are going to march all the way here, about a block to the federal building, hoping to get the fed's attention and federal charges against mehserle. they are not happy that he was released early this morning just after midnight is when we received official word from the sheriff's department that the jail had released him in the meantime, oscar grant's uncle bobby johnson was outside the jail. as he spoke to us he received a phone call from the jail letting him know that mehserle had been released. he says he feels he has been cheated. >> we don't speak evil of all police officers, but we are clear but those bad police officers that are not held accountable for their wrongs that they perpetrate in our community, the rest of the officers are looked at in the same way. it's a shame that our children have to feel fear from police

officers that come into our community with the thought that they are going to hurt them or kill them. >> reporter: of course it stems from that new year's day 2009, through testimony mehserle claimed even through tears that he accidentally grabbed his gun when he thought he was grabbing his taser to subdue grant. grant was shot and killed. he was unarmed, taken off the train they claim because he started a fight. more to come on this. that is the latest. back to you. >> no doubt. thank you very much, john. 5:51. we may have some of the most intelligent lawmakers in the country right here in california. why can't they figure out how to pass a budget on time? >> the bay area's hottest tech company face book sees growth slow. some of the reasons coming up in tech today. >> and here's a look at the drive southbound 880 through oakland. clean u prkinl clean up the on ramp, the spill there on high street. [ coach ] in albuquerque, citi pre-approved my mortgage.

[ whistle blows ] all right, layups, guys. let's go. in sioux falls, i locked in a rate. coach, you get that house yet? working on it. [ coach ] the appraisal? ...springfield. wherever i was, my citi mortgage consultant had me covered. [ crowd cheering ] and 500 miles from home... [ cheering, cellphone beeps ] ...we finally had a new home. [ male announcer ] pre-approval to closing, citi is with you every step of the way. what's your story? citi can help you write it.

>> welcome back. a good monday morning to you. california has new bragging rights. we are home to the best educated lawmakers in the country. 90% of california's lawmakers have at least a bachelor's degree. according to the chronicle of higher education. 59% of them got their degrees in california, 20% have a law degree as well. the report finds california's legislature is more like congress than most state houses. 94% of congressional members have at least a bachelor's degree. close behind is virginia where 89% of lawmakers have at least a

bachelor's degree. then nebraska, new york, and florida. >> i would think they all would. let's collect the morning commute on a monday morning. >> good morning, everyone. traffic is starting to pick up. we have a new problem on the bay bridge. it's east bound so against the commute but we know a problem on a bay bridge can be a problem. east bound we have a stall reported blocking one lane there. already seeing a little slowing so we're going to keep our eye on that. another problem, northbound 680 at highway 24, reports of some debris in the road. they say it's a did you everle bag so we're not seeing slowing on the sensors but we'll keep our eye out for that. and live to oakland, nobody 880, traffic is flowing nicely. high street on ramp closed due to a cleanup for a spill. we'll keep you updated and the commute coming up. >> we'll check back with you. 5:55. two days until the june 15th deadline and state lawmakers do not have a budget deal.

the senate president says 90% of the work is done, still have to figure out how to generate $10 billion to close that remaining budget gap. governor brown wants to extend temporary taxes. republicans say they will agree if a spending cap and pension reforms are attached. voters passed proposition 25 in november which docks lawmakers' pay perm thantly for every day the budget is late. let's see if they get it done. >> 5:56. we have new pictures of congresswoman gabrielle giffords as she continues to recover from a gunshot wound to the head. these are actually the first photos of giffords since january's shooting. she's smiling. her hair is shorter, darker but no noticeable scar from her wound. her aides say she may be able to leave the hospital by the end of the month. what a remarkable recovery. >> those pictures were first posted on facebook.

face book seeing its growth slowing. scott mcgrew i suppose it's because everybody's joined. >> i think that's probably fair. apple saw the same growth problems with ipod. everyone who wanted an ipod had an ipod. in face book's case it used to add 20 million new accounts every month. a blog that follows face book puts that at about 11 million new users a month. so still growing, just not as quickly. some bloggers blame face book's continuous missteps with privacy for the slowing. i think you're right, though, i think it's people are running out of new people to add. best buy and amazon selling the new google chrome notebook. the operating system is by google. this is a big deal in that these are not windows machines. google's first major foray into using an operating system. they don't use hard driving. you need to be connected to the

internet. google sees the day in which everything is always connected st' a note book, not a tablet. >> so key board. >> thank you. 5:57. we'll have more coming up. s