close to 6:00 i'm laura garcia-cannon. >> and i'm marla tellez in for jon kelley. we begin with that breaking news in berkeley. right now one person is dead, two are injured and many more are out of their home on lorina street where stephanie chuang joins us where neighbors describe a frightening scene. good morning. >> reporter: good morning. that's what they woke up to. several investigators from berkeley fire are looking around the victorian home from the attic room down to the bottom. what they are trying to do is pinpoint where and how this fire started the one that killed a woman who was sleeping at the time. she was one of eight people sleeping in the home when the flames were reported after 2:30 this morning when firefighters got here flames were shooting out of the back and the top of the building. they went inside to make rescues and everyone was able to make it out except that one young woman.

firefighters and neighbors were forced to leave because of the heavy smoke. >> scary for everybody but if you have to go through a tower of flames that is traumatic and not know about the welfare of your friends. >> that was the hardest. you know somebody is up there and you can't do anything. you have a sick feeling. >> reporter: one person also suffered smoke inhalation, another some burns. fire investigators are expected to be out here for hours, we're told it could sometimes take up to days depending on how much damage. all of the damage this time coming from the back of this home. looking for signs of where and how this fire started. also on the scene, american red cross volunteers trying to help the victims, tell them what they need, whether it's supplies or a place to stay. >> 6:01. also new this morning, santa clara county firefighters were

quick to extinguish a house fire near highway 6 in monte sereno. they had the fire out in about an hour. because of the brush in the area there were fears of that fire spreading but firefighters took preventative measures. >> no injuries to civilians or firefighters. >> both residents were out of the house when firefighters arrived. >> in san francisco, investigators will be looking for the cause after four-alarm fire at the historic pier 29. the flames engulfed the roof, forcing firefighters to back off. minutes later the front facade gave way, sending parts crashing onto the sidewalk below. crews are working on pier 29 preparing it for the america's cup yacht race. welders did work in the building before the fire started but they

aren't sure what sparked the flames. >> a farmer san jose police officer will have house arrest after convicted of sex acts. 44-year-old patrick will have to register as a sex offender for the rest of his life. the teens testified they met the campus officer when he responded to a men seeking men ad placed on craiglist. >> a warning for students on a quiet south bay college campus. a woman says she was attacked near santa clara university. one of two men grabbed her but she was able to get away. the incident made some students rethinking walking alone. >> it's really scary she was assaulted right where everyone walks every single day. >> the university sent an e-mail warning of the attack. so far no arrests.

>> the san jose police officers association says reform is threatening public safety. the union claims san jose's efforts to fill openings are going nowhere because of measure b. it says departments are refusing to recommend officers because of cuts in benefits. the mayor says he's not worried. >> we'll recruit nationwide if necessary. there are a lot of people who would like to come work here. i'm sure we'll find them if we have difficulty we'll have to bring in outside professional help perhaps but we'll respond. >> also a rise in resignation more than 20 officers have announced they are leaving since nan. >> 6:04. it's the first day of summer, the first official day, full day of summer. we've got it clarified now. let's check that forecast with meteorologist christina loren. cooldown in store. >> yeah, a cooldown which means that the giants come back into town and are going to get great

baseball weather. it was hot out in oakland yesterday as the a's took on the dodgers. >> if you've been sick of the heat, of using your air conditioner, give it a break because the natural cooling is coming off the pacific. 54 in concord, 56 in sunnyvale so for now your temperatures are uniform but we're not going to see too much separation between your coastal highs and inland. just about all day long. areas of nothing and drizzle being reported. up the peninsula from san jose you probably have to use your windshield wipers. we have showers in the forecast for tomorrow. 68 at fremont, 7 fou 4 in san jose and 72 in livermore. 6:05. let's see, if the it hurry up and wait or is it thursday light. here's mike. >> thursday's tiply hit harder than wednesdays during a normal week. this is summer traffic so you have the hurry up and then you

wait. that's what we do. 680, a smooth drive as the construction cleared. starting now in livermore looking at slower speeds to air way. we have a commute that's going to kick in throughout most of your commute. folks have to get to school now. 680 and 101, the interchange and 101 shows its slowing. speeds up in the upper 60s for most of that route but southbound joining with 85, slowing at the interchange we'll follow that. no incidents reported there. well, around the same area. the approach running smooth, we'll look for the heatering lights but a lighter flow. thank you. >> 6:06. still ahead an airport jet crash turns a neighborhood into a fire ball. >> the gun running case that could send the top prosecutor

behind bars. >> strong words from the apple factory chairman. we'll look coming up. >> a bombshell by the prosecution in the speeding case. a live report is next. >> here is a live look in the south bay, this is highway 280 and the ramp. traffic looking fine. it's light so far. well get a look coming up. >> you can get the news, traffic and weather on facebook. these sweet honey clustery things have fiber? fiber one. almost tastes like one of jack's cereals. uh, forgot jack's cereal. [ jack ] what's for breakfast? uh, try the number one! i've never heard of that. [ wife ] it's great. it's a sweet honey cereal, you'll love it. yeah, this is pretty good.

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meteorologist christina loren. 6:09. >> in san jose a priest is expected to be back on the stand in the trial after south bay man accused of assaulting him. the case has gotten national attention because the man on trial claims he is the real victim. damian trujillo is live at the hall of justice with more on the first day of testimony. good morning, damian. >> reporter: good morning. the contradiction between the d.a. and the key witness in this case, yesterday a father lindner denied that he molested william lynch or his brother. seems they are not on the same page. that testimony goes against part of the prosecution strategy. during opening statements the d.a. said father lindner may have molested will and his brother but that is not a defense for the beating. still, the retired priest held steadfast to the claim he never touched the brothers. in 2010 lynch admits entering a

retirement home. there he beat father lindner he says for the sex abuse that allegedly happened in a tent during a camping trip. the statute of limitations prevented prosecutors from looking into the claim. in the recent interview with the "mercury news" lynch talked about the pain he suffered after the alleged abuse. >> i remember in that time feeling i'm not going to get out of this. i'm totally not going to get out of this, you know. i thought he was going to kill me. i just -- couldn't believe like he broke me. >> reporter: you can imagine what his testimony is going to be like on the stand. during the opening statements the d.a. called william lynch a vigilante. lynch and his brother did reach a settlement with the jesuits several years ago. we noticed up on the fifth floor here of the hall of justice it has at least two broken windows. that's where this case is taking place. we'll try to get to the bottom

of that. damian trujillo, "today in the bay." >> new this morning, six people are dead, eight houses destroyed after a jet crashes into a neighborhood in jakarta. the plane slammed into a row of homes at the city's air base, three who died were on the ground. the pilot, copilot, instructor and trainees on board, this is an incorrect map, we apologize, but all of those have been rushed to the air force's hospital. >> more on unrest in egypt after election results are delayed. those were due today but it was announced there would be a delay. no reason was given. the muslim brotherhood is threatening to take to the streets. the group says their candidate won but his opponent is contesting. >> also a lawyer for hosni mubarak says the former president has made a miraculous recovery. he reported hi suffered a stroke

and was admitted to the hospital clinically dead. today his lawyer says he is off after respirator and his condition is stable. >> gun running, mexican cartels and charges of contempt. >> this morning a new controversy is brewing on capitol hill centered on attorney general eric holder and controversial investigation south of the border. tracie potts joins us live in washington, d.c. this morning. will holder be arrested? could this go to court? >> reporter: possible, not likely, though. democrats say this is all politically motivated. to understand why this committee is recommending the contempt citation you need to understand what happened at the arizona/mexico border. gun running is against u.s. policy. u.s. agents see guns in the hands of criminals but don't confiscate them hoping to trace the guns back to the larger traffickers. that's against policy and lawmakers want to know did the attorney general maybe even the president know that this was

going on? that's why they subpoenaed certain documents, documents that holder has not produced among the many. and the committee has decided he should be held in contempt of congress. the full house would have to vote on that. and laura, it is unlikely they would go to court with this, that it would turn into a federal criminal case. for one thing the courts have been reluctant to get involved when there is a disagreement like this, over power between congress and the white house. the white house has exerted executive privilege over the documented and it's the first time the obama white houses that done that. >> tracie, thank you. >> a florida police chief who oversaw the trayvon martin case has been fired. bill lee stepped down in march after being criticized for failing to arrest george zimmerman immediately after he admitted to shooting and killing the unarmed teenager. lee offered to resign at that

time. yesterday it was announced he has been relieved of duty permanently. zimmerman has been charged with second-degree murder. >> 6:15. the head of apple talking smack. >> and talking about the iphone 5 as well. scott joins us. very unusual. >> we know there's going to be an iphone 5 but the guy running the factory doesn't usually talk about it. the upcoming iphone 5 will be much better than the samsung we talked about yesterday. for the smack, gao made fun of the fact. he called samsung snitches, strong words from a company that many think could use more government oversight. ebay says it's going to outfit a server farm in utah with fuel cells from bloom energy that run mostly on sand. the first to run entirely on

green energy, greenish because the fuel cells use hydrocarbons to make electrically but with much less solution. we hold you oracle's ceo bought an hawaiian island. several reports say he outbid bill gates, the same island that was the location for gates' wedding to his wife. a few minutes ago the latest information on first time jobless claims. a number of people headed to the unemployment office dropped. some investors may see that as bad news as it mean there is is less pressure for the fed to come in and take action to whip up the economy. >> thank you very much. that is the ladies here today. yesterday was the first day of summer. >> you added to the fun. >> we were the giants station. the giants station here at nbc bay area. we still love the oakland a's and we were throughout, rob

mayeda, you may recognize that famous meteorologist, and diane dwyer. all supporting the juvenile diabetic association and we helped raise money, we met so many people out there. if you had a chance to walk up to the booth i enjoyed meeting everybody. thank you, all. thank you for being bay area proud. we love to help out the community. 53 degrees in san francisco. 55 in san jose. we have a good looking day shaping up. if you are sick of the heat and mother nature is giving your pg&e bill a break. as we head through the next few days temperatures are going to be so comfortable you will not need that air conditioner. the jet stream is taking a dip to the south. we're going to see a series of systems cross to our north and stronger onshore flow. by about 20 degrees from yesterday's highs. through friday, drizzle in the forecast, maybe even some showers up in the north bay, and we've got a lot happening in the

bay area as we led to this weekend. a friday preview, a lot of people heading to the town. we'll check on the drive. 72 degrees at noon out there. it will be perfect, though, for nascar. beautiful conditions, not too hot where you have all of that pavement. 75 degrees at 4:00 p.m. it's going to be a good time as well. fair weather for the fair. staying cool so if you will be out there you want to put your spf 30 on. the uvb/uvb rays can break through. tie tomorrow a few showers in the north bay. sunday we drop off more down to the low 70s. monday, tuesday and wednesday, temperatures back to seasonal averages and we're done with the triple digits for a while. >> we do have an earlier accident which is on the shoulder, this is southbound 101

along t along the -- we have an accident to the north at popular. car hit the center divide. there may be some concrete in the road. we don'ts know about injuries. right now consider the fast lane at least partly blocked so stay over to your right as you pass south and toward the san mateo bridge. we're tracking those two incidents for the peninsula. on the east bay we're looking at the slowdown which continues to build, i warned you about the build but we didn't know this was going to happen. another accident also on the center divide. it does involve a motorcycle. we have somebody up there as folks are building here. the toll plaza we do not have backup there yet as far as the metering lights go but we will have probably about now because it's the summer, they tend to turn on closer to 6:20. >> a group of bay area teens

will brave some of the hottest temperatures for a weekend fund-raiser in death valley. middle and high school students are participating in the bad water for good water walk-a-thon. it's the 12th walk through the basin. it's going to benefit the african water project which works to clean water and anitation in parts of africa. temperatures expected to be 120. a lot one for them. >> 6:20. big change is in store for an american pastime. >> hollywood gets frosted with an east bay sweet treat. >> a live look at a fogged in golden gate bridge on this thursday. ♪

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dance class, shopping, and more. so do something nice for it. chevron with techron. care for your car. welcome back. a live look at what the south bay looks like. this is san jose as the sun starts to rise on this thursday. you can see the overcast condition, not nearly as hot as yesterday. the time 6:23. >> could it really happen? the national championship of college football could soon be decided by a playoff? bcs commissioners backing a four-team seeded playoff plan, two national semifinals would rotate among major bowl games.

big 10 commissioner jim delany says the system would not take away from the excitement of the regular season. >> it's a unique sport. we didn't want to do anything that would upset that. having said that, there's obviously a variety of reasons why we're looking at the next evolution in postseason football. we're convinced that this could be done and keep the regular season healthy, maybe even healthier than it's been. >> of approved by university presidents next week, the playoff format would start in 2014. >> we showed you a live look in the south bay, not nearly as hot as it was yesterday. yesterday was pretty hot here. meteorologist christina loren, we don't have to sweat much. >> that's the good news. give your ac a break, get outdoors just about all day long in san jose and livermore where we hit the upper 90s yesterday. all day long we're going to stay below 75 degrees.

so if you want to go for a run, take that dog for a walk, today is your day. you're going to get many days. 55 in san jose, climbing into the low to mid-60s. then we'll round out the day about 20 to 25 degrees cooler than where we ended up so you need that jacket. let's check your drive. here's mike. >> good morning. we'll take you out to the east bay, a smooth drive, a little slowing eastbound for the one eastbound bore. no major drama. the metering lights were turned on. bay bridge toll plaza should show backups off the overcrossing and underneath on 580 and the approach. metering lights, there is no backup as far as our sensors go but there will be slowing through the area. we'll get a live look. look at that, all lanes showing but the cast track.

fog will drift around as well. as to the south bay a nice smooth drive north of san jose. north into san jose, jamming up for 101. i'll track this north of 680. back to you. >> we're talking about the warmer weather, certainly cooling off but you're going to be able to catch a screening of some like it hot. >> admission is free. the classic film will be outdoors in san jose in the court yard of the san pedro. >> you can go next week or any thursday from now until august. a different movie will be shown every week. admission is always free. >> pretty fun. >> nice thing to do. as long as you're bundled up. >> it's a big onner for a bakery. >> the cup cake shot going hollywood on us. they will be one of the goodies inside the goody bag given to

celebrities. the pair will head to los angeles to bake and drop off 1200 cup cakes for the show. the hayward shop won best cup cake shop in the area in february. good for them. >> a campus prank goes to court. >> plus, firefighters sift through the rubble of a deadly fire.

>> the woman's boyfriend calling her name. there was no answer. >> renters tried to pull each other away from the flames as a fatal fire rips through an east bay home in the dead of night. good morning. just about 6:30. i'm marla tellez in for jon kelley.

>> i'm laura garcia-cannon. we begin with that breaking news in berkeley. firefighters still combing through the charred debris on lorina street where stephanie chuang joins us live. neighbors are describing a frightening scene. they did what they could to help. >> reporter: it was frightening for them. they woke up to the smell of smoke and some of them did try to save whoever was inside. so far the last hour, hour and a half, investigators, have been going in and around the home focused on the back. you can see that's where the flames were shooting out. they had to smash through a skylight. you see the back of the house, the roof collapsed there. that's where the flames were shooting out. >> nearly three dozen responded. everyone was able to make it out except for one young woman. five made it out without injuries. neighbors say they ran in to try to save any one but hit a wall

of smoke and forced out. they recall one man was calling to his girlfriend but there was no response. as flames grew bigger. >> the house is 30 to 40 feet high so the flames were -- it was a huge fire, a huge bonfire but a house. when it's that huge you don't know whether the house will collapse. then the embers were going on my roof and the roof next door. >> reporter: what you're seeing back here live is a group of firefighters who are standing by in case there are flare-ups, standing by doing that while of course the three investigators are again looking through the house. there is a lot to sift there, a lot of debris in the back we're told they could be here for hours and sometimes it takes days to pinpoint where and how this fire started. the american red cross had volunteers out here to try to help in any way that they can. stephanie chuang, "today in the

bay." >> santa clara county firefighters worked quickly to put out a two-alarm house fire that broke out at a home on constitution avenue near highway 6. crews were called about 3:00 a.m. and had the fire out in about an hour. because of the terrain and plush there were fires the fire spread. the firefighters got a handle on it. two residents got out before firefighters arrived. >> a retired priest will be back on the stand. jerry lindner is the victim of an alleged assault but the man on trial insists he is the victim. damian trujillo is live at the hall of justice where prosecution statement was one of the most shocking during yesterday's session. good morning. >> good morning. the deputy d.a. made statements contrary to her key witness in this case, father lindner on the stand denied that he molested

william lynch back in 1975. the defense will get a chance to go after lindner. he admits he walked into the retirement home in 2010 and beat up father lindner. he said it was pay back for what he did during a camping trip. his testimony goes against part of the prosecution strategy t.d. a. admitted that lindner abused the boys during opening statements though the priest denied it. his lawyer says he'll go after the priest for perjury now. lynch spoke a few days ago. >> never saw anybody about this. and we buried it. i'm like we can never tell anybody. my brother had no -- i try to think about -- at least i was old enough to know what was going on that it was wrong. my brother had no idea.

>> reporter: you can imagine the emotion when william lynch takes the stand near the end of this trial. that, too, again is expected to be very emotional. i received a text from our legal analyst steven clark, he says that father lindner is walking into a mine field and he wonder the judge will inform him of his fifth amendment right not to perjure himself. damian trujillo, "today in the bay." >> a man who held a nurse hostage at oakland's children's hospital will be sentenced. catrell broadneck held a worker at gunpoint. he was described as disoriented and quickly surrendered. he will be sentenced. >> the city of berkeley is facing a wrongful death claim in the wake of a death. peter sukor was allegedly beaten

to death by a schizophrenic man. the family says that police were slow to respond because officers were monitoring an occupy protest. >> a convicted serial killer will face new charges in new york. rodney ocala is expected in the murders of two women that has taken more than a year to bring him to the east coast. the 68-year-old was convicted of killing five here. >> an unlikely duo. we have video of rob. you will see a man outside mug an elderly woman. he ran to help her. the 90-year-old asked if they could chase after the suspect. they caught up with the mugger.

the 90-year-old woman had stopped by the ask for directions before the attack. >> a judge will not overpurn the punishment for 51 students in brentwood. they were banned from the graduation ceremony after they had their feet covered in washable paint and tethered a clam to a post. the animal was not harmed. the judge said it would be wrong for the court to impose its will on the school district. >> talking about the forecast. going to seal a cooldown. we'll have this a while? >> yeah, a trech of cooler than average weather that's going to extend. make sure you have the jacket ready. you might need your windshield wipers as we're noticing a little drizzle out here. i saw two or three cars with winders on from time to time.

now the marine layer is pushing inland, you can see that. as a result of limited sunshine and a cool pool of air that moved in, your temperatures are about 25 degrees cooler than yesterday so that means 65, mostly cloudy. even inland at noon. then sunshine between noon and 2. i've got your full forecast t weekend around the corner. that's my next report. >> we'll take folks down to the south bay. i did find a reason for the slowdown. the reports are in, northbound 101 at alum rock, reports of a three-car accident and in the middle lane. no injuries are getting out there so i'll bring you more as they get you that information. southbound 101 at popular, an accident and debris. the car is in the fer decide and that's the reason for slowing

the speed into san mateo. no injuries but slow drive for that portion of 580. 880, this will -- accidents i reported, an accident there. moving smoothly. back to you. >> still ahead how to tell whether someone's a republican or democrat. just by looking at their coffee order. >> we're going to look at the damage at peer 29 and the impact that fire could have on theica'. era's cup race. ♪

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>> welcome back everyone. 6:41. three new tax measures qualified for the november ballot. brown's initiative would raise the sales tax and income taxes on the wealthiest residents. a second measure would increase income taxes on all but the state's poorest residents. the third measure would raise corporate tax rates. >> we have seen plenty of political studies on the differences between republicans and democrats. >> what about the issues that really matter like fast food preferences and favorite sports. a new study breaks it all down. fast food, republicans like subway, democrats like wendy's. >> republicans get coffee they

say from dnken donuts. democrats from starbucks. >> republicans prefer baseball. democrats like football. >> but there are two things both sides agree on. coca-cola and apple technology products. >> trying to figure out what that makes me. >> 6:42. coming up a local landmark standing since 1915 destroyed by flames. >> protecting facebook from sex offenders and big changesooe st. stop & go traffic. you can't always avoid it. but you can always do something nice for your car. chevron with techron. care for your car.

here's a look at the traffic across the golden gate bridge. definitely fogged in this morning. a big difference from yesterday's heat wave you might

call it that. we'll check the forecast in a moment. it is 6:44. >> this morning a state of emergency in minnesota as the city of duluth deals with major flooding. ten inches of rain fell overnight wednesday, drowning a dozen animals in the duluth zoo's barnyard exhibit. ten homes are evacuated due to the flooding which is the worst the city has seen in 40 years. no deaths or serious injuries have been reported as a result. >> colorado firefighters ramping up their attack on a lightning-sparked blaze that spread across more than 100 square miles. the massive wild fire west of ft. collins began june 9th and is the largest fire in that state's history. right now it's 55% contained. so far more than 65,000 acres have burned and close to 200 homes damaged. firefighters say it could be weeks or even months before the fire is fully controlled. >> a piece of san francisco history now badly damaged by a

four-alarm fire. flames ripped through pier 29 around 2:00. at one point the flames got so intense firefighters had to evacuate. minutes later the roof gave way. no one was hurt. neighborhood groups that fought to preserve the pier say it's sad to see it destroyed. >> one of the reasons the pier had been so precious, it's in great shape. this one until this fire one of the more sturdy. >> sad to see. crews are working on pier 29 preparing it for use during the america's cup yacht race. the the fire department says welders did work in the building before the fire started but they are not sure exactly what sparked the flames. >> the public will have a chance to weigh in on the sailing competition. a hearing will be held on the environmental impact of the

races. the national park service and coast guard are reviewing the effects of hundreds of thousands of spectators and the traffic on the roads and the waterway. the races begin later this summer with the final competition in september of next year. tonight's public hearing is 6:30 at the golden gate club. the "today" show coming up. >> here is matt lauer with a look. >> good morning. coming up on thursday here on "today" much more on the dangerous heat wave on the east coast. al is going to join wisconsin a forecast. then an interview with madonna badger t woman who lost her three daughters and her parents when her home went up in flames on christmas morning. she'll talk about her desperate attempts to save her family and about her own life since that tragic day. disturbing video of a grandmother being bullied by students on a school bus, she was monitoring. it's a video we think all parents should see. we'll talk to that woman about what is a traumatic experience.

on a lighter note we'll tell you what britain's prince william has planned on his 30th birthday. got that and much more as we get started on a thursday here on "today." >> thanks, matt. want to check the forecast with meteorologist christina loren. a little cooldown. >> we're going to transition from summer for the first day of summer, one day of it, and we're going straight back to fall-like conditions. temperatures are going to struggle to break into the mid to upper 70s, even in the warmest city across the bay. i think we've gone 75, that's about as high in gilroy, santa rosa and places that get the warmest. this is the reason why we started out mostly clear, the marine layer is pushed inland and you can see that mostly cloudy start, limited sunshine means a cooler day. good morning. 6:48. 56 in sunnyvale. looked like traffic was moving pretty nicely. 51 in santa rosa to start.

if you are sick of the heat, sick of turning on the air conditioner, give it a break for seven or eight days. as a result that's going to usher in a stronger on shore flow so through the weekend waking up with mostly cloudy conditions and the marine layer will be so deep tomorrow we might get showers up in the north bay, so i might have to activate the doppler when we meet back here tomorrow morning. fog and drizzle on the way. we stopped the clock at 3:00 p.m. you can see mostly cloudy from oakland, san mateo, mostly cloudy. and then we'll see the cloud cover thicken and bring in showers as we head through the overnight into tomorrow. 68 in fremont and 71 degrees in los gatos, a decrease from the upper 90s. we keep tumbling. 72 on saturday, 73 on sunday.

we've got the gymnastic trials right here on nbc bay area. that's next week. stick around. 6:50. here he is as promise it. >> looking here northbound 101, we have an accident yeared at alum rock. it was not in time. slow from the scene, slowing from curtner all the way into downtown. the commute is on for the south bay. 101 the accident cleared but not before a traffic break, adding to the slowdown. slow out of san bruno into san mateo. it should sort of fill out. we'll track that drive. slow southbound 880 through hayward into union city, also the castro valley y, the build continues. here in livermore as you slow and it's made worse by a

discracktion. the east shore freeway shows some slowing. san pablo fast racetrack. smooth through berkeley. the metering lights because a backup. then another issue, the fog coming in. the golden gate bridge shows some of that. even over to sunol we've seen the headlights, haven't seen wipers but there is a chance to affect the visibility so watch it. >> a new law in louisiana says sex offenders have to identify themselves on facebook. >> and scott mcgrew says facebook is okay. >> yeah. face gook doesn't allow people to have a facebook page so if they are required to list their own crimes makes the job easier. the law goes into effect august 1, counts all social media and does face a court challenge over constitutionality. google has its shareholder

meeting some. one change, dividing stock into two. google would like non-voting shares to keep the power in its founders hands. if this happens and you own a pair you would now own two, one voting, one not. each worth half as much. >> scott, thanks. the white house doing its part in the new public service announcement. the president and vice president will appear in ads against dating violence. some senior advisers and role models will be featured. the psa will air an tv and internet outlets. >> closing arguments begin in the trial of jerry sandusky. he is accused of molesting ten boys over a 15-year period. the defense chose not to put

sandusky on the stand. chris is live in bellefonte, pennsylvania where we understand three counts were just dismissed against sandusky? what's going on? >> that's correct, laura. the court has been in session about an hour now. and we've been told that the judge has been charging the jury here at the courthouse. when he came in he ruled on a defense motion made with regard to the person known as victim number 4. the judge dismissed three counts that given the testimony they did not apply to the alleged victim. jerry sandusky down to 48 counts, still a significant amount. we're also learning that why jerry sandusky might not have taken the stand yesterday. nbc was prepared and wanted to take the stand. however, the prosecution said if sandusky took the stand one of

his adopted sons, matt, was going to take the stand as a prosecution rebuttal and talk about what he's seen. what that might be we have no way of knowing so. court is taking a break after the jury has been charged. when they go back in that's when closing arguments will start. that's the story live in belmont, pennsylvania. >> we're following breakly news out of berkeley. one is dead, two injured after a house fire. stephanie chuang is live in berkeley with an update on the investigation. good morning. >> reporter: good morning. three investigators have been walking through the house and trying to come up with a game plan on how to sift through the debris where you can see flames ate through the structure. that's when eight people were sleeping inside this three story

home. one woman did not make it out. neighbors described waking up to the sont of burning paper. some went tine try to help but were forced out by heavy smoke. two victims suffered smoke inhalati inhalation. no update on their condition. investigators not commenting on whether there were active smoke detectors inside this building but they will be out here for most of the day. stephanie chuang, "today in the bay." >> santa clara county firefighters put out a house fire. crews were called about 3:00 a.m. and had the fire out in about an hour. because of the terrain and brush in the area they were concerned the fire would secret but firefighters got a handle on it. two residents got out before

fires arrived. >> a statue causing a problem. the median used to be a dump be site so a frustrated neighbor decided to dress it up with a buddha. dan and his wife thought why not try to change the energy. >> there is no garbage gump. jut a lot of people respect the area. >> he is always like an oasis. all of the people who come by. whether they understand the buddha or not is not important. >> a complaint sent out a city inspector who claims it's a potential saft issue because visitors are in the street. they hope a compromise can be reached. >> when you step out no doubt you're going to notice a change in the temperature. much older today. how is it looking?

>> a lot of people will likely be caught off guard. upper 90s in livermore. today temperatures drop off by 20 to 25 degrees, that means it will work like this. 65 degrees at noon inland. same for the bay and the coast. then the temperature separation. you get more sunshine between 2:00 and 4:00. up to 75 there, 70 bay side. at the coast 68 degrees. alameda fair starts tomorrow. 4:00 p.m., 75 degrees, and gentlemen, start your engines. nascar's in town. 72 degrees at noon. rock on, mike inouye. >> raceway, fading out for traffic. we have the commute northbound 101 continues to be filling in north of capital expressway. look, all of these spots the

last five minutes into the 40s so your northbound commute pretty early especially for a thursday. that will build. we're looking at the slow south bound smooth-out. after an earlier accident has cleared. the northbound side showing slowdowns. all of that caused a distraction but it continues to improve. continuing to slow southbound 880 off of the castro valley y. and it is filling in back to the altamont pass. smooth drive as well. back to you. >> inspiration from one of the most awe inspiring. a climber who lost his legs at 5 managed to do something that many able-bodied people cannot do. he climbed mount kilimanjaro.

the 31-year-old canadian trained for a year, managed to climb 80% without only his hands. the rest was accomplished with the 8 of a wheel care. the climb raised more than half a million for an african charity. >> what an inspiration. if you are worth will billions why not spend it on your own island. that's what oracle founder has done to buy the island. he is buying the smallest in the chain from david murdock. the state owns the other 2%. the asking price was between 500 to $600 million. the governor of hawaii sent us a statement quote his passion for nature, particularly the ocean is well known specill