mehserle is back in the bay area. i'll tell you why he's involved in a federal case coming up in avenue live report. protesters stronger than ever at uc davis in response to to friday's pepper spray incident. now calls for the chancellor to step down. plus, a serious problem getting worse. how we are going to curb obesity. it is tuesday, november

22nd, and this is "today in the bay." a very good morning to you, everybody. it's 4:30 right now. i'm jon kelley. >> and i'm laura garcia-cannon. lots to get to this morning. let's check in with meteorologist christina loren. good morning to you in san mateo. 46 degrees. we'll see a really nice day. i'll let you know when the rain arrives in the city. >> good morning, christina. really calm throughout the bay area as far as the chp incidents go. 680 northbound and both directions. no major slowing because it's so light right now. >> thanks, mike.

>> the former bart police officer convicted of killing officer grant heads back to court this morning. this time testifying in a civil trial involving another bart rider. christie smith posted life this morning. >> good morning to you. potential jurors sate in court yet. they were asked about their feelings on police officers and whether they can separate the new case with the oscar grant case. they were told they won't be hearing much about him at all. mehserle heads back to court again this morning. this time in a federal lawsuit brought by kenneth carrethers who said mehserle and four other officers attacked him after he criticized officers.

apparently his car has been broken into twice, and he didn't think the officers were very helpful. this happened about six weeks before the shooting. then the other officers piled in and hog tied him. the defense said in court documents that the actions were justified and actually started by carrethers after he was making threats towards police officers. now we're told he will take the stand and the entire trial is expected to last about five days. i'm christie smith. jon and laura back to you. the man accused in two attacks on police officers including the death of a sergeant 40 years ago returns to court this morning. ronald is expected to plead

guilty to shooting at south san francisco officers who tried to arrest him for credit card fraud way back in 1968. he originally pleaded no contest but disappeared before he could be sentenced. he turned himself in after spending more than 40 years on the run. he's also accused of the shooting death of a san francisco officer in 1971. in that case he denies any involvement. oakland's mayor quan says she's restructuring her office. she hired ann campbell washington as the new chief of staff. she served as chief of staff for former mayor brown. she will serve as senior adviser, jest a week after the deputy announced she was stepping down. for fallout from the pepper spray incident. the quiet college city quickly

becoming the latest -- for the occupy movement. in this comes after a highly publicized pepper spray incident where officers used mace on a line of seated protesters. protesters say they're more determined to stand their groun ground. >> i stood for my country once. i'll do it again. and again, and again, and again. >> uc davis' police chief remains on administrative leave. the school's chance colorllor apologized for the incident, but protesters want her to join the line. a candle light vigil will be held for a danville soldier killed in action. last night hundreds of neighbors

gathered along the street leading up to his home to show support for his grieving family. yesterday, his mother, brother, and fathers returned where they attended a ceremony back on u.s. soi soil. >> how much josh reached out and touched all of you. we can't say nothing about the support that we've gotten. >> he was just 19 years old. he was born and raised in danville and his family said he was proud to be a marine. his dream was to eventually become a police officer. four lease signs in downtown jose. some streets have more than one vacant store front. on 1st street they lost 30% of

the business since opening seven years ago. sam says he has a plan that will fill empty store fronts. he wants to change the current city ordnance that only allows retail in ground floor spaces. he would like to see banks, law firms and other offices have a chance to fill spots. business owners like what they hear. >> anybody can help. i prefer retail. if you can't get the retail, i've got to have some rather than no. >> they close as they change to san jose city council meeting. >> we helped open the downtown holiday on ice rink. maybe the weather needs to be cooler, christina. 9 degrees in livermore.

we have a very, very significant area of low pressure. all this moisture. today is really, really comfortable conditions. we'll see the first showers to the north bay. then take a look at this. the bulk of the moisture starts to come through thanksgiving morning. it's going to be a quick punch. so we're not expecting the showers to last all day long. however, you want to get the outdoor activities taken care of. bring in anything outside that could get doused with rain. we have a lot on the way. maybe up wards of half an inch. we'll take you through the forecast. we'll talk about what to expect on black friday. so the forecast is coming up. first, let's check your drive with mike. >> we'll take you to the south bay where we have a nice flow of traffic out of here. speed sensors are not a problem. we have construction in the middle of the screen. 880 around the alameda. highway 17. the same roadway.

880 past the coliseum, you see the construction crews there. we expect road breaks for the next 20 minutes into downtown. the bay bridge, we turn to the incline, a smooth drive, you can see the sign lit up on the bottom of your screen there. people in the south bay are dealing with serious problems literally eating away at their homes. they used to be known for miles and miles of orchards. the trees are gone, but the roots remain. now the former groves are filled with termites just feasting on the roots of trees chopped down to make way for homes.

they can make tunnels. they will light up the ground and get to the wood underneath there. >> that is not a good thing. several say most wood homes that sit on former orchards are susceptible. the termites are just swarming. untreated the termites can eat away a house. get an inspection every three years to try to make sure that does not happen. despite higher prices and gas fare. three way airports will be busier this year than last. why more californians are getting out of town this thanksgiving. >> but first congress says it cannot make a deal to reduce the national debt. we will find out how that news is affecting your investment

next. a live pick at downtown san jose. very quiet and qualm right now. christ will be along to let us know about the weather. i love teaming with the best

that's why i'm here, at st. jude children's research hospital. our research has changed the way the world treats brain tumors, leukemia and sickle cell. we help kids all across america. now, these kids have hope... and a sense of humor. where did you get this color? it's natural. give thanks for the healthy kids in your life and give to those who are not. go to st. jude.org or shop wherever you see our magnifying glass. welcome back, everyone. a live look outside san mateo bridge. looks like traffic is picking up there a little bit. we'll check in with mike for a check on that. 4:43 right now. >> thank you very much.

the debt super committee in washington is nothing more than a super failure. it could not agree on how to cut $1 trillion from the national debt. with no deal, automatic spending cuts will go into effect starting 2013, most of the cuts coming from the department of defense. president obama is blaming republicans for the gridlock. republicans are pointing the finger right back. >> he has to stop blaming everyone else. >> if you're keeping score at home, congress still has a year to come up with an alternative plan before those cuts actually kick in. news that super committee could not reach an agreement sent wall street sliding. let's turn to jackie deangeles.

>> good morning to you. we are watching the futures. they are slightly higher open after the markets fell slightly. investors reacted to the failure of the super chee committee. we'll get revised numbers on gdp on how much the economy grew this summer as well as minutes from this month's fed meeting. the dough dropped 241 points to close an 11,547. it's back in negative territory for the year. the nasdaq lost 49 points to 2523. meantime the government expabded the criminal investigation into online mortgage fraud beyond the deceptive ads on google. regulators have shut down 125

mortgage scams and google, microsoft and yahoo! have banned hundreds. and we have reports facebook tapped htc to make a smart tone to deeply integrate features of the social networking site into the phone. it's code named buffy after the vampire slayer. that's it for us, back over to you. >> we'll see if we like it or not. >> a holiday tradition in the south bay is now officially open for business today. kristi yamaguchi leading the parade. that's me and laura rocking the leis out there. we cohosted the event. no, i didn't get on the ice.

i couldn't convince you to, either. >> 40,001. we were intimidated by kristi yamaguchi. it's beautiful out there. if you haven't been. it's very california. >> and i kept that way. very nice. let's check in with the weather. not sure. a little crispy this morning. >> san francisco, you do what you want. you wear what you want, no matter what the weather holds. good morning to you. we're looking good this morning. making this the warmest day of the week. if we head through tomorrow, showers arrive. we may see shower activity in the north bay today. this morning temperatures are cold. a little bit colder than this time yesterday. 39 in livermore. front on the the way. you can see already bringing a significant amount of moisture to the pacific northwest.

so for us it will get dicey. a wet start, but showers won't last all day. you can get outside and throw around the football at that point. at 11:00 a.m. you can see a little bit of spotty activity. by wednesday at 3:00 p.m. the front arrives. heavy, moderate rain that we're expecting to drop to the south bay and the peninsula through 1:00 a.m. on thursday. i set the future cast in motion. by 8:00 a.m. clearing. it will still be cold but you can get outside without the pesky showers coming down. by the water about 50 degrees. at noon 60 degrees. temperatures on the warm side in san jose. the seven-day outlook shows you slight rain chances through late today in the north bay. and a 10% to 15% chance of

showers sneak in. let's get to it. you can see the showers will clear out of here through thanksgiving. then we lose the rain chance all together. taking you through the bay area first. 60 degrees today in san rafael. we have to get to it. isolated shower. p.m. rain and thanksgiving morning a few a.m. showers. back to you guys. thanks christina. there's a growing problem that health officials say we cannot ignore. it's especially true in one east bay city where more than half of the kids are overweight or obese. contra costa county health officials are blaming sugar sweeten drinks like soda. doctor brewer told the city council most teenagers drink at least one soda a day. empty calories fuelling one of the highest obesity rates in the

countr country. >> it's important not just because of the children but this has become a chronic disease. >> they grow up, they get a vascular disease, and they die before they should. >> they want to talk about getting sugary drinks off school grounds and imposing a so da tax. it is 4:50 right now. one thing that will not be on the table is crab. they are forcing them to take a local faift off the menu. plus a costly christmas tree. wait until you hear how much it's worth. >> i have an accident in oakland. same freeway. different city. hey, your high speed internet here, at home...

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welcome back, everybody. alivelookat hp pavilion. the sharks playing good hockey these days. the time is 4:53. seafood lovers won't have crab on the table this thanksgiving. local fishermen are still in a standoff of seafood sellers. fishermen want $2.50 a pound. they put their bid up to $2, but

still not not enough. if the two sides reach a deal, it will be several days before fishermen can fill the traps and get the crabs to store shelves. more californians planning to get out of town for thanksgiving weekend. more than 5.4 say they plan to travel over the next few days. more than 4% higher than last year. travel experts tell the mercury news most people cut back early because of money concerns. now they're easing their grips on the wallet for the holiday. tomorrow is expected to be the busiest travel day of the year. it will be busy, but some people won't be visiting family this year. almost one in five will spend thanksgiving with coworkers in or out of the office. 18% of americans say they'll be working. about 90% of those surveyed say they would rather spend the day with a family and not their

coworkers. nothing personal. >> hey, wait a minute. >> i mig come visit you anyway. >> i will be here on thanksgiving. we're giving jon the turkey day off. probably won't be a lot of traffic on thanksgiving day, mike. but definitely tomorrow. what about this morning right now? >> right now it's pretty calm as well. we're looking at 580. we had an accident blocking all lanes just moments ago. all lanes clear toward the toll pla ska. you can see the lights all the way from the marin side. no slowing through novato to the golden gate bridge. >> you've been kind enough to bring in baked goods. i love every one of them.

i'm officially getting in the holiday spirit. we suggest checking out few decorations. >> this one mig be out of the price range. this is a christmas tree made of pure gold. the tree was unveiled in tokyo. just under eight feet tall. it weighs more than 26 pounds. it was created by a jewelry company. they say it's the most expensive christmas tree ever made. >> it's kind of skinny. >> it's right by the door. price talg tag is just under $2 million. with all the attention on gold prices in rekploents, the tree seemed like a fitting finale for the year. well, from japan to china, an odd world record was set involving camels, a race and a dessert. >> always a good race when you have camels. >> it was held sunday in inner

mongolian region. not exactly the kentucky derby. 555 camels and their riders taking part in this race that lasted three hours. according to a representative from the guinness book of world records on hand to certify the race. usually during weddings, social gatherings and other big events. >> i want to add that to my bucket list. we'll be right back.

he became a very controversial figure here in the bay area after the shooting death of oscar grant. now former police officer johannes mehserle is back in court. plus caught on tape. why police are looking for this