occupiers have declared victory. they ended the blockade at the port of oakland after shutting down a final ship. that story coming up. veteran soldiers in the bay area fall victim. thousand thieves pulled thousands out of a support fund. and jerry sandusky set to face his accusers in a pennsylvania courtroom. and we take you live to the san mateo bridge.

this is "today in the bay." >> good morning, everyone. the time is 4:30. i'm jon kelley. >> and i'm marla tellez in for laura garcia-cannon. first, let's check the first with christina loren. >> good tuesday morning to you. we have two fs to deal with. patchy fog and patchy frost. we may see freezing fog in the north bay. give yourself ample time. we have a lot of moisture leftover. and fog and frost are the aftermath this morning. we'll tell you when the sun will come out later today. i think you'll be pleased. first, let's check your drive with mike inouye. >> christina, freezing fog, maybe frosty windshield. we're looking at this accident over the shoulder.

this is westbound 237. it is off the roadway. no major injuries. we have 75 feet of fencing that needs to be prepared at some point. there's the distraction for 27. and a new accident on 238 that i have to check out. back to you. >> thanks very much. >> it is 4:32 now. occupiers are declaring victory. >> they are packing up and heading home after shutting down another work shift at the port of oakland. bob redell is live in oakland with the latest for us. good morning, bob. >> reporter: within the hour occupiers succeeded in shutting down another ship. there are 130 long shoremen who are supposed to be showing up at the apl terminal.

on that news they declared victory. many have packed up and are headed home. the next shift is not scheduled until 8:00 a.m. the protesters did think about disrupting that shift as well in continuing the blockade indefinitely, but they decided against that after speaking with dockworkers. another day wouldn't have been good. >> that person we just heard from was an occupy protesters. this is koord thated with hawaii in an attempt to shut down ports in the expected area. something they succeeded on

depending on where they were at. jon, marla? >> okay, bob. thank you very much. we'll check back with you in a few. the iraq war veteran hit in the head during occupy protests is now one of the leaders of the movement. scott olsen seen in this interview led the evening march last night in the port of oakland. olsen has been recoverg from a fractured skull. he still has trouble speaking, but he says it feels good to be back with the protesters. >> police staid out of the occupiers way in oakland. in seattle television a different story. the protesters scattered.

>> the oakland police department using the tear gas on occupied crowds congregating downtown. if commanders on scene said they needed them to disperse crowds. police first used tear gas on october 25th. the public record's request by the associated press shows undercover officers shooting video during the early morning raid. the confrontations led to several days of violent unrest in the city. in san jose, a get out of jail free card. the occupiers will have an opportunity to avoid legal trouble. the city of san jose is offering to drop all civil charges against demonstrators who had been cited for city code violations if they agree not to set up tents on if city hall plaza for the next two years.

we are learning more people than originally thought are affected by the credit card scam at the lucky grocery store. add troops in afghanistan and veterans to the growing list of victims. thieves stole $3,000 from the account that sends care packages to troops and offers services. thieves were able to access the account numbers and started withdrawing money from atms across the country. >> somebody took that money. it's very disheartening. it's sickening. >> a total of 600 care packages were sent to troops as planned. but being $3,000 down may mean a delay in the delivery of the next batch. well, the search is on for a

gunman who opened fire at a busy fast food restaurant, leaving one man critically injured. the shooting happened at the in and out burger. witnesses heard three or four shots. police say they believe the victim was more than a target. counselors will be on hand to help students cope in the wake of a sex scandal. math and science teacher andrew katrell is charged with having sex with an underage former student at diablo view middle school. prosecutors say that student was under the age of 16.

right now the teacher is being held on $975,000 bail. they're rooking for a man linked to violent tobaccos in the city''s mission district. here's a picture of the suspect from a surveillance camera. the man is believed to be in his mid-30s. he's connected with separate attacks involving women walking in the edge of the neighborhood between 3:00 and 6:30 in the morning. latest attack on fair oaks street early thursday morning. >> last year's gas explosion may affect the entire nation. the measure requires gas companies to meet maximum pressure standards when testing all pipelines, even older ones that ruptured in san bruno. the maximum fine would double to

$2 million. it passed the house yesterday and is expected to clear the senate and then become law. congresswoman jackie spears says while california requires all pipeline be fit with automatic shut-off valves. they only call for valves on new pipelines. >> smacked you right in the jaw. >> it's cold out there. >> meet rols christina loren joins u you with a look at the forecast. >> that will always wake you up on a sleepy tuesday morning. we're looking good so far. i am concerned about freezing fog in the north bay. san jose at 38 degrees. coldest time of day is just after sunrise. all the showers from yesterday. the core of low pressure into

southern california. keep that in mind. it could be trech ras on i-95 through the grapevine. i think we're gipg to see pretty significant fog. right now your rvisibility is over a mile across the board. we'll see a lot of sunshine this afternoon. cold sunshine hangs around. you'll be pleased to find out as well that we'll hold off on the rain until late thursday. let's start out the drive with mike inouye. >> the accident is not on 238. but it's affecting you on 238. east 14th street onramp. jon has that in his book to northbound 238. there's an accident there. no major injuries. including to the two dogs apparently running across the road. someone swerved to avoid them. the dogs are okay. the people are okay. the car, sounds like there's

some damage. and it's just off the shoulder there. a live look at oakland shows you 880 past the coliseum near the bottom of your screen. the flashing light moving folks left. christina said the fok might develop. right now a clear view across the span. >> thank you. it's good for kid but bad for business. the school district in washington state considers lifting a ban on junk food in the vending machines. we'll explain, coming up. plus, congress is making progress on a spending bill for next year. we'll look at thousand the news from capitol hill is affecting the markets this morning. >> also, a high profile sex scandal heads to the comrtou today. who is expected to testify against jerry sandusky. ...a the go ...wit really big news. it's b-i-g -- big. high speed internet from at&t at home... ...includes wi-fi access on the go. woo-hoo! [ together ] it's an unbelievable deal.

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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, everybody, on this tuesday morning. a quiet, calm look at the the golden gate bridge. wish it could be like that every minute of the day. it is 4:44. >> penn state football coach jerry sandusky will face accusers in court this morning. sandusky is charged with 50 counts of child sexual abuse with ten boys and has been under house arrest last week on new charges. prosecutors are expected to open

the two day hearing with the strongest witnesses. sandusky's attorney says his client is incident and suggests some accounts from accusers don't add up. the u.s. supreme court agreed to take up the issue of arizona's illegal immigration law. arizona says the law is necessary because the federal government is not enforcing immigration laws already on the book. the obama administration sued, saying the law violated the institution by straying into an area of federal jurisdiction. the court added the high profile immigration case to a docket that includes the 2009 health care law. lawmakers in washington are hung up on a deal to extend the payroll tax cut through next year. the house votes on a $180 billion plan to keep it going. that speeds up the plan for a pipeline. the pipeline will create jobs. president obama says he only wants the payroll tax cut and

will veto the bill if the pipeline is attached. the bill also reduces unemployment benefits from 99 weeks to 59 weeks. >> congress also expected to lay out a spending plan to keep the government running through next year. hets go to jackie deangeles live at cnbc headquarters. futures are a touch higher after the selloff. they fell 1% across the board. they closed off the lows of the day. the stocks dropped on a profit warning from intel that says sales will be impacted by supply shortages due to the flooding in thailand. investors think the deal they struck last week to address the debt crisis may not be that positive. europe was a touch higher this morning. we're going to get data in the states on retail sales and business inventory. we'll also have earnings from best buy. so watch for those.

we saw the dow drop 162 closing at 12,061. the nasdaq losing 34 to close at 2612. congress reached a tentative deal to fund the federal government through next year. details on the $1 trillion plus beel wi bill will be revealed today. it will chip away at foreign aid and vimpenvironmental spending. it will also pay for the war in afghanistan. and champagne sales have gone up. the industry could ship close to the record 339 bottles that it shipped in 2007. we saw sales were up about 15% this year. this is the strongest period accounting for a third. >> okay, jackie. thank you very much for the report.

they are joining us now onset for the next forecast. we have good air quality. we'll see the sun come out. it will be one of the warmest days of the week. more rain on the way and clouds rolling in as of tomorrow. 39 in oakland. 36 in concord. expecting to drop off by 3 or 4 additional degrees over the course of the next couple of hours. make sure you have the winter coat ready to go. it is cold out there in places like santa rosa. 31. you'll hit the upper 20s later on. and down to a quarter mile in novato. nine miles in san mateo. and we're dropping off in mountain view. five miles here and six miles in san jose. a lot of moisture over. high pressure is moving in for one day only. that will come pres apress all moisture and force it to the surface. that's why we have fog and reduced visibility. you can see the core of low pressure that brought us showers yesterday. kind of a slow mover at this point moving to southern california. but for us, nice and clear.

a little bit of residual moisture. a lot of this is evaporating before it hits the ground. this is just an indication of a lot of moisture left over. as we head throughout the day, quiet weather continues. that will be the case as well. sunny afternoons as we get rid of the dense a.m. fog. by 11:00 we'll see a lot of clearing. the showers arrive at 1:00 p.m. on the the north bay and slide south. we're looking to a wet second half of your thursday, friday, clearing. crisp sunshine saturday into sunday. then we stay nice and mild as we kick off next week. back to you guys. >> i like all those suns on the map. high schools in washington state are sufferg from a ban on junk food. zl you know that no junk food sounds like a good idea. but a school district is rethinking the idea to keep it out of vending machines. it's just not bringing in as

vendi insince the district wept healthy, vending profits are down. in 2001 students gave about 214,000. this year only 17,000. >> we may have gone ha little bit far. we may have been too prescriptive in what the policy is saying. >> they will revise the policy to take effect next school year. some kids need to get ha little bit of holiday cheer. they got it with tiny horses. >> heads turned in the east bay when blacky and winnie jingled their way through george mark children house in san leandro. the pair of miniature horses are long time therapy animals and frequent visitors to the recovery center. they easily navigate the hall ways and nursing stations. they have a bedside manner some doctors might envy.

>> it is awesome. i love animals. so just seeing them when you're here, it's so refreshing. so it's pretty cool. we have gone to children's hospital oakland. >> the costumes aren't just for loovs. the hooves have toe be specially wrapped so they don't scuff the floors indoors. >> i've seen great danes bigger than those guys. >> you could ride those things. the 49ers south bay stadium takes another step forward tonight. and san francisco isn't standing in the way. why mayor ed lee says the city can't keep the team. >> plus governor brown's tax proposal getting a lot of results from voters.

and a smooth drive on 24. bob redell is standing by at the port of oakland. i'm looking at the bay bridge toll plaza.

a lot of things in motion at santa clara lawmakers attempt to move south.

it looks like san francisco is not doing anything to try to stop it. san francisco's planning commissioner said he reached out to keep the team in san francisco at a new stadium in hunter's point. the mayor says unless the city can come up with $400 million there's no point in keeping the team. they will review the city stadium plan, at a meeting tonight set for 7:00 at city hall. a new field poll is giving governor jerry brown's tax proposal strong support. the poll found 65% of all adults surveyed support his plan, which would increase the sales tax by a half cent and raise taxes on high income earners, beginning with individuals who make more than $250,000 a year. he says his proposal could raise $7 billion for the state. it is 4:55. mike inouye is back with a look at your commute to work or wherever you may be going. >> wherever you happen to be casually driving around at 4:55

in the morning just because you like it. 101, we like this. an easy drive on the bay shore. there's construction through the area. but the freeway has reopened. maybe the oregon express way is closed there. no slowing in either direction through palo alto or menlo park. the toll plaza is moving nicely. a light volume of traffic and slowing to the east shore freeway which we can see clearly on the top of your screen. 18 minutes for the bridge to this span right here. back to you guys. >> mike, thank you very much. the porcelain throne has gotten a luxury makeover. >> a japanese company thinks it has just this thing for you. how about a toilet decorated with 72,000 crystals? according to the manufacturer, it took craftsman a month to

acce accessorize this one. what do you any the price tag is? is $128,000. if you were thinking about getting one of these for a loved ones, you may have to wait to purchase it. this is the only one they have. it's only for display. >> i know it's a toilet, but it's pretty cool. >> i think it'sidiculous. ridi >> i think it's pretty and sparkly. we have a lot more coming up after this.

i'm scott budman. pulling at my phone at the airport. which airports are the most social in the entire world? we'll tell you why the bay area rates high. not even a crime scene can keep in and out customers away. a drive-thru still wrapped around there for hours after