>> an antioch man's brush with an armed robber caught on camera. how neighbors helped that victim. >> reporter: if you commute between the east bay and san francisco, we've got a free ride to tell you about, but this program only lasts for eight days. i'll explain coming up. >> summertime temperatures in the bay area the envy of the nation right now. temps in the 70s inland and bayside, the 60s at the coast. but change is on the horizon. your full forecast in moments. >> we have half of an east bay freeway blocked by a big rig. we'll give you the latest coming up. >> right now a look at sunol, gorgeous shot out there. kind of looks like a water color picture that i used to paint back in the day. never painted in my life. tuesday, june 26, "today in the bay." >> are you going to tell us

about an art gallery there. >> it's 6:01. good morning. thanks for joining us. i'm jon kelley. >> i'm laura garcia-cannon. new this morning, san jose firefighters are investigating a pair of suspicious fires just around the corner from each other. both happened at the same development near 85 and blossom hill road. the first was on spiniccer walkway, a short time later on coy drive. firefighters put out the fires originally called in as garbage fires. mostly smoke and superficial damage to close buildings. but 17 people were displaced by the fires. >> in a few hours the lawyers in the william lynch trial asking again to have the case thrown out. lynch is the man accused of beating up a retired priest. he claims sexually abused him as a boy. bob redell is live outside of the hall of justice in san jose with more on all of this legal maneuvering. >> reporter: good morning. the defense is asking for a

trial to be thrown out because the accuser in this case has taken the fifth amendment, pleading the fifth, that's father jerry lindner exercised his fifth amendment right not to say anything else on the stand. that's a right some will exercise when they don't want to say anything that can incriminate them. this means father lindner will not be able to testify against william lynch, the man accused of beating him up. the defense won't be able to cross-examine him and all of this previous testimony will be stricken from the record. his decision to take the fifth comes after his denial on the stand he had ever sexually assaulted william lynch on a camping trip 35 years ago. both the defense and the prosecution believe that father lindner lied when he made that denial. he has never publicly admitted to the crime and never charged because the statute of limitations had run out. >> we were supposed to get the

opportunity to question him and cross-examine him and we don't get to. i think it's a laughing stock of justice. >> certainly the main witness in this case is gerald lindner. who is to say what occurred in that room unless he is willing to say it. >> reporter: the defense has asked the judge to throw out the case against william lynch twice. this was yesterday. first because they argued the prosecution knowingly allowed the father to falsely testify and second, for prosecutorial misconduct. the judge rejected the requests for a mistrial f. he were to reject the third request the prosecution believes it can proceed in the case against lynch though it wouldn't have the testimony of his accuser. reporting live outside the hall of justice, bob redell, "today in the bay." >> police continue the search for an armed gun man. the suspect confronts eric gilbert in his driveway friday morning several times the gunman

pulls the trigger but the gun does not fire. gilbert manages to get inside, locks the door when a neighbor distracts the suspect. that man, he says this neighborhood watches out for each other. >> we are a neighborhood here. we try our develop best to have a good neighborhood watch and do what we can. >> gilbert lucky to be alive. he says he installed the surveillance system last month for safety and for peace of mind. >> on the peninsula, a teenager under arrest after deputies say he tried to run them down with a stolen car. the teen drove toward deputies at the intersection of rutgers and fordham streets monday night. the suspect was not hit. the teenager initially got away but found and arrested. >> seven people facing charges

after an east bay sting operation turns up a prostitution ring. fbi and several bay area police and sheriff departments say six girls were victims brought here and used as sex slaves. >> brought under false pretenses, they are told for this amount of money they can get their visa, they can live in this country and you can never get out of it. they are being prostituted and working their way for their rent. for clothing for their trip. it's a never ending circle. >> disturbing all the way around. instead of being arrested. the teens, those ladies get help with housing and counseling to ensure they do not return to those who exploited them. the accused pimps could face charges of human trafficking. >> both presidential candidates are talking about the supreme court's decisionen immigration policy. president obama told supporters

he will continueto fight for immigrants and their children. mitt romney said states need more power to secure borders. the high court ruled yesterday police could check the legal status of people they stop but tossed out parts of the law including requiring immigrants to carry registration papers and banning them from holding a job. some legal analysts say the supreme court ruling might not matter. >> neither of them are going to be important with the state of the economy when voters go to the polls. >> the supreme court is expected to decide president obama's health care law. >> santa clara city council is scheduled to meet tonight to talk about funding options for the 49ers new stadium. the state repurposed $30 million supposed to get things going, now that money is going toward education. another $10 million spent on the

project apparently is up in the air. >> time to check our forecast. meteorologist christina loren, pretty nice out there. >> so nice. hard to believe we're almost a week away from the 4th fourth o july with temperatures in the 70s. again another perfect day across the bay area. a live look over san jose, a few clouds, we'll take it live to show you your stunning shot this morning from san francisco. beautiful clear start. you can see where the clouds are trying to move in, they are banked up against the coastal mountains. temperatures climb to 70s, much cooler than average. a sunny stunner so open up those windows, give your ac a break, a.m. fog will keep things cool at the coast. inland 5 to 10 degrees warmer. mid-80s are back, then a comfortable weekend where you can keep that ac off. it's going to be really nice. it looks like it will be the

last week with unseasonably cool temperatures. our models reveal much warmer weather in the weeks to come. enjoy it. 65 at noon. your full forecasts moments away. then a little bit of a hick up when it comes to your perfect for the weekend. here is mike on your morning drive. >> looking to the continuing saga of this disabled big rig. the tractor-trailer blocking three of the six lanes. we do still have this issue. a tow truck is on scene and chp is getting ready for another update but not of real content. i'll give them a call because we don't see slowing. traffic tuesday but the slowing in antioch, so maybe it's summer traffic playing a little role. starts later as folks take their

time. looking at the bay bridge toll plaza with a look at the sun. the toll plaza, you see the cash lanes backing up. no metering lights. we'll follow this for the next few minutes. back to you. >> sun glooss on that. i'd like to call this $3.39. did i mention the passes are free. christie smith is live in san francisco. sounds like a cool deal out there. >> reporter: who doesn't like free. the buses are starting to roll in this morning across the bay, and we've had a chance to talk with a couple of riders about the pluses and minuses of commuting using ac transit system. the message they are telling us give it a try. that's what ac transit is hoping

for. we shot video of one of the first buses coming in to the transbay terminal where today workers from noon to 2:00 will give away free passes, good for each. >> at this time for me, the bus is the best. it works really good because i get off of work at 5:30 and i can right down market street and catch the pus at 6:00. >> reporter: there is a slight catch that it's only for new riders. each ride would normally cost you about 4.28. there is a good savings. the passes would be loaded onto a clipper card.

the only negative that commuter shared is sometimes coming the other way he says that the buses bunch up and you have to end up waiting but he told us he wouldn't raid it at all. >> christie smith, "today in the bay." >> contrersial refueling station at sfo may have run out of gas. negotiations have broken off between the airport and operators of a planned hydrogen station. nobody could agree who would take responsibilities for a possible mishap. they fear what happened in san bruno. >> it is 6:11. coming up on "today in the bay," facebook riling up its users. why the social network says you couldn't be surprised by your new e-mail account. >> the largest u.s. city to

declare bankruptcy. what led up to this next. >> a live look outside, the water in san francisco looks beautiful this time of day. the flags, that's a great shot. a beautiful day ahead. ♪

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>> welcome back everyone. a live look outside. look at that, the sun is up. live look at the san mateo bridge moving smoothly so far. checking the morning commute. 6:14. >> the city of stockton expected to take a step toward history. not good history. it could become the largest city to declare bankruptcy in u.s. history. mike is live at stockton right now here to tell us more on this developing story. good morning. >> reporter: good morning, jon.

the stroke of midnight city officials said they were here meeting with the city creditors in hopes of avoiding becoming the largest u.s. city ever to file for bankruptcy. yet, as critical as the negotiations were, city officials so far have not offered any updates whether progress has been made. so, what is scheduled for tonight, stockton council set to vote on essentially a bankruptcy budget plan. that plan would provide a way to keep city services operating on a day-to-day basis during the bankruptcy process. here is the thing, though. that plan would also make significant cuts even possibly eliminate things like medical benefits for retired city employees. the employees who say in the past they gave up raises and accepted furlough days with the promise from past city leaders that those medical benefits would never go away. >> i'm disgusted. it upsets me a great deal.

i worked hard for this. i gave up a lot. if i had known that there would be no money i would have said give me my raises, let me put that money away for myself for a rainy day. i was supposed to trust you and you lied. you lied. you spent it and now you're telling me that i have to suffer because of your mistakes. >> the employees -- >> back here live, those words again for former city leaders who led stockton into this fiscal crisis. most immediate right now tonight, city council expected to vote here on a quote unquote pendency man pendency plan, a way to keep the city open if that's what's needed. the city manager has said repeatedly the filing for chapter 9 bankruptcy could come as early as tomorrow. live in stockton, now back to you. >> thank you very much for the report. >> look at that beautiful live look outside.

we've seen so many beautiful pictures across the bay area, this one from san francisco. christina joins us with a look at the forecast. >> good morning to you. a beautiful day shaping up. starting with a live look over alcatraz. right to the temperatures this morning. they are comfortable. we're in the 50s to start. it's crisp out there, 6:17. temperatures are as such. 50s. 52 in livermore and 55 degrees in san jose this morning. we've got good air quality, open up the windows in the car, in your home, and enjoy it. 53 degrees in san mateo. 44 in napa to start you out. and 52 degrees in livermore. coastal clouds today sunny finish. we're going to see so much sunshine today. beautiful conditions. and an area of low pressure came through overnight. it brought with it some cool air. we're going to enjoy temperatures in the 70s yet again with brilliant sunshine. one of those days you want to make those outdoor plans. temperatures comfortable as we

head to the weekend, you can see area of low pressure came through, a little breezy with the tight pressure gradient. as we head through tomorrow, but the giants taking on the dodgers yet again. 7:00 p.m. catch that game here on nbc bay area. 57 degrees, winds out of the west-northwest at 15 to 20 miles per hour. and of course, alameda fair is happening, temperature in the 70s, beautiful conditions to enjoy the fair. fair weather. let's check your drive. >> 100th year for the alameda fair. heading down there on 680 better now. i just talked to officer evans, yes, 680 is cleared for the big rig. speeds dipping to the 50s so hopefully that will clear up. we don't see yellow through concord, we see the red through antioch, that's what you expect for westbound highway 4.

a lighter volume now but starting to hit for the morning commute. it will kick in. looking at the south bay, it hasn't kicked in. look at this. 680 and 101. we see 87, 101, off 680 into the 50s as well. a live look at the golden gate bridge. an easy drive up the peninsula for 101 and out of the north bay as well. i think guys, you're going to need your sunglasses. back to you. >> good advice there. facebook is feeling the feet from some users over an unannounced change. marla tellez is live with everyone's new e-mail account. good morning. >> reporter: good morning. the policy switch has to do with the e-mail address that is linked to your facebook account. it has been switched over the weekend. you now have an@facebook dotcom address.

many are not happy. they say they were not noticed or given a choice. facebook says it gave the heads up in april. a couple months ago when the company issued a statement saying it was quote updating addresses to make them consistent across our site. as i said, the e-mail switch happened over the weekend. many users are not even aware of it yet. this is pretty much news to me. i checked out my own account and yes, i now have an@facebook.com address. facebook says it will allow a setting to choose which address they want lived to their account but at this point i'm not sure if that's enough to appease all of the facebook users not happy about this. i got a return e-mail that says we are doing our best to respond quickly to the media. live in menlo park, marla

tellez, "today in the bay." >> facebook, their chief operating officer cheryl sandberg to be the first woman on the board of directors. she joined in 2008. she played an essential role in the stp. the other seven members are men who have links to mark zuckerberg. >> looks like production in china could be slowing down soon. why? because angry birds is about to make its debut. the game is ready to spli. it's seeking ways to cooperate with others. >> fourth of july a little more than a week away. so it means it's time for the consumer product safety commission's annual demonstration. yikes. every year they show how

dangerous fireworks can be. blows up -- also releasing information on how many people died in fireworks accidents. >> always be careful. do you have an addiction? a new report says more than 40 million are hooked on some type of substance. details coming up.

>> welcome back everybody. we like to give all of our viewers a-plus for joining us. take a look out there. the sun, the hill, beautiful day and it's a good looking -- guess that's i don't know, electrical tower, wire there. a flagpole. it's 6:25. >> power pole. 40 million americans are addicted to a drug whether it's nicotine, alcohol or something else. tracie potts is live in washington with more on the findings of a new study. good morning. >> reporter: laura, good morning. 80 million according to this columbia university study have risky behavior when it comes to those substances, perhaps not to the point of addiction, but still causing problems. 90%, 90% columbia says, go untreated. even though if you do receive

treatment aren't receiving what they consider evidence-based treatment, in other words, the treatment that evidence has proven that actually works. one of the problems, the report says, is that doctors aren't screening and aren't trained to screen for addictions and counselors in many areas aren't required to have training though many do in 14 state there is is no license or certification required for counselors working with people with addiction. and then there's the cost. $28 billion a year according to this report, in california that breaks down to $20 billion a year in government spending alone, that's about a fifth of the state budget, things that they say are related to addiction. but only $244 million spent on treatment. the way that breaks down according to this report, 98 cents out of every dollar for dealing with the problem of addiction but only 2% of that

dollar spent on actually treating it. >> thank you very much. >> 6:27. still to come, you can get around parts of the east bay for free. how to take advantage of a free ride coming up. >> a priest's behavior on the stand, a live report is next. >> a live look outside, that is the golden gate bridge. a clear shot all the way across. we'll tell you about a nice week ahead coming up.

>> reporter: a twist in the priest attack case, another request for a mistrial expected in a few hours. i'm bob redell. i'll take you live here in san jose. >> another beautiful day, what i like to call bay area stunner. temperatures in the 70s inland and bayside. the 60s at the coast. a warm-up on the way.

your full forecast in a few moments. >> things get more crowded for many of the tri-valley commute spots. i'll show you the speeds coming up. >> a live look outside. isn't that beautiful. what a vista there that you get from the marina all the way to the bridges. it's tuesday, june 26, "today in the bay." >> striking morning across the bay. good morning. thanks for joining us. 6:30. i'm laura garcia-cannon. >> good morning. i'm jon kelley. in a few hours from now the lawyers in the william lynch trial asking again to have that case thrown out. lynch is the man accused of beating up a retired priest who claimed he sexually abused him as a boy. bob redell is live outside the haul of justice with more on the latest legal strategy. good morning. >> reporter: good morning to

you, jon. that's because the defense argues that the main accuser, the witness in this case, father jerry lindner, exercised his fifth amendment right not to say anything else on the stand. this is something people sometimes exercise when they don't want to say anything self incriminating. this means father lindner may not testify further against lynch, a man accused of beating him up. the defense won't be able to cross-examine the priest and all of his previous testimony will be stricken from the record. his decision to take the fifth comes after his denial on the stand that he had sexually assaulted william lynch in a camping trip 35 years ago. both the defense and the prosecution believe father lindner lied when he made that denial. he has never admitted to the crime and never charged because the statute of limitations had run out. because of this this morning the defense will ask the judge to declare a mistrial. >> the jury has heard a lot of

information that william lynch assaulted him. is the jury going to be able to disregard that if they strike his prior testimony? >> actually we want a full cross-examination. we want the chance to have the trouble. >> the defense has asked the judge twice to throw out this case against william lynch, first because the prosecution allowed the father to falsely testify and skdly for prosecutorial misconduct. the judge rejected both requests. the prosecution believes it could still present its case even though it will not have its main accuser's testimony. reporting live, bob redell, "today in the bay." >> antioch police still searching for an armed gun man. the suspect seen confronting eric gilbert early friday

morning. several times that gun man followed him to the house but the gun never went off. gilbert is able to get in the home, lock the door when a neighbor distracts the suspect. gilbert installed the service for safety and peace of mind. >> this morning antioch police are investigating an officer-involved shooting that sent a man to the hospital. paul was shot after police say he had a gun. >> the san francisco district attorney's office deciding whether to file charges against a veteran gay rights advocate over child porn. 66-year-old larry brinkin worked for the human rights commission before his retirement in 2010. he was taken into custody friday night after police say he had child porn pictures in his e-mail attachments linked to his

account. >> the contra costa county fighting to save a total of 28 fire stations on the line unless voters pass a tax hike. earlier this month a partial fell short forcing the count tee close three stations. fire officials are expected to ask supervisors for an $88 annual tax for five years, that's about half of the money and the number of years as the failed measure x. >> a way the district is cutting costs is hiring volunteer firefighters. putting out feelers to see if the community is interested. volunteers would go through 240 hours of training as well as medical and emergency vehicle driving training. >> police will be under cover and on the lookout for abusive

dodgers or giants fans. they are wearing dodger blue. this is to crack down on fan violence. they will enforce zero tolerance. one dodger fan thinks it's a good idea. >> right for the game and for all of the fans' safety and a step in the right direction. especially with what happened last year. >> of course he is talking about bryan stow left permanently disabled after an attack on opening day. the giants beat the dodgers last night, game two set for tonight. >> sooler lately. >> it's been nice. a beautiful start over san francisco. gorgeous conditions. for the past 20 to 20 minutes we had coastal low clouds starting to burn off and the cool air is in place, an area of low pressure came through overnight.

reinforcing a cool air shot. temperatures so nice today. a look at san jose you can see what's left of the marine layer. good morning. we're in the 50s to start. 54 degrees in san mateo and we're at 50 in santa cruz. not expecting clouds throughout the day. one of those days hard to kind a cloud. we stop the clock at 1:00 a.m. wednesday. starting to get more of that cloud cover. we're not working with that much. we meet back tomorrow morning. that's good news, that means another beautiful sun-shiny day across the bay area. temperatures because of all of that sunshine early tomorrow are going to climb by about 10 degrees. your hour by hour, 65 degrees at noon inland and 58 at the coast as you break for lunch. rounding out the highs about 5:00 p.m. 79 degrees.

it's going to be so nice inland. your full forecast is moments away. a lot happening this weekendment we'll look at some of those. here is mike inouye, he's got your drive. >> traffic tuesday, it's not so bad. this is a summer pattern that's kicking in. folks tend to leave later so what will hit hard is later a. 24-minute drive, the commute direction, notice looking pleasant as you head toward 680. pleasant pleasanton. 680 is clear. no more big rig. from three lanes to six lanes all six are open southbound south of highway 24. the big rig disabled, for about two hours. it has cleared and a smooth flow. the laugh yet, a mild difference

in speeds. the metering lights are on at the toll plaza, no slowing approach. we'll get a live look, we see the backup here. the slow for the fast track lanes still an advantage. >> coming up on "today in the bay," first stop san jose, next stop, the london games. >> stockton braces for bankruptcy. the latest on the tripling cash flow issue. >> a rule with a view. i'll tell you why a family spent $4 million on a home just to tear it down the next day.

>> welcome back. if you had $4 mill indian what would you do with it? >> i don't know if i'd be sitting here. >> got you on that. 10-4. $4 million, that's what one couple paid for a house. >> listen to this. not to live in it but to tear it down. the house was built nearly 100 years ago. it had fallen into disrepair and it blocked the view of the bay for some of the neighbors. that's why clark and sharon bought the house and had it torn down. >> wreck it. >> you couldn't see anything from here except the gable end of the house. now we opened it up. >> the view is nice now. we see across the bay, trees are

being trimmed off. it looks really good. it's really improved the view. when the american cup's on we're going to have a good view. >> the winslows didn't want to speak on camera but told us they plan to replace the house with a garden to show off the view. >> can we have this house moved out of the way, please. take it out. >> nice to the winslows. >> exactly. can't wait to see the flowers bloom. the dawn after political era in egypt. how the president is taking the reins of the new democracy. >> the star-studded showdown. which former olympian qualified for another shot at the podium. >> and another spectacular look outside over san francisco. the transam building there, you know when you say transam i think of smoky and the bandit. [ male announcer ] stop & go traffic. you can't always avoid it.

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>> new this morning egypt moving forward with a new government. >> new president mohammed mercy meeting with the military leader overnight who is promising to support the country's, quote, legitimate president-elect. last week the military announcing sweeping changes to the presidency, stripping power from the office. the military wants morsi to be sworn in on june 30th, meeting a deadline it set for handing over ezwript civilian rule. >> 6:45. hundreds of people feared dead, possibly killed by land slides in uganda. it hit 11 villages. two are engulfed. 18 people are confirmed dead so

far about 100 homes are destroyed. >> rescue efforts resume at the site of a collapsed mall in ontario, canada. crews detected breathing but called off the search over fears of another collapse. they may have to use heavy equipment to dismantle the building. >> 6:46. the "today" show is next. matt lauer is here. >> jon and laura, good morning. on a tuesday, state of emergency declared in florida where tropical storm debby is dumping more torrential rain on millions of people. we'll get a live report. also ahead, exclusive, the audiotapes of jerry sandusky's adopted son matt opening up to police about how he was allegedly abused by his father. then the georgia woman fighting a flesh eating bacteria reaches an important milestone in her recovery. this as we see her for the first

time since the start of her ordeal. we'll have more on that story and michael phelps has officially qualified for the london olympic games. an in-depth interview with the swimming legend and why he says the last four have been the hardest of his life as we get started on a tuesday morning here on "today." jon and laura, back to you. >> thanks so much. michael flems qualified for the olympics. take a look. neck and neck. once they took off. for most of the 400 meter individual medley. loch lo lochte won it. both making it on the u.s. olympic team. >> a showdown in london. >> the tickets to the gymnastics trial are selling fast. no shocker here. some fans settling for the few remaining upper level seats, must be in the back row. most tickets at the low section of the san jose hp pavilion are

sold out. on line sites only have a few remaining. one fan doesn't mind sitting in the top row. >> we've got good seats and for once in a lifetime opportunity to see olympic trials, great. >> the gam nastics trials beginning thursday with day one of the men's competition. >> get to see olympians. >> nice temperatures across the bay area. pretty mild for this time of year. >> very mild. doesn't that motivate you to get out and enjoy that weather. look what they are doing. good morning to you. proud to be the home of the summer olympics here at nbc. 6:48. a live look over the embarcadero, a beautiful start here. not as many ripples on the water as this time yesterday. not as choppy on the bay indicative of calm winds. the highest wind speed i clocked for you along the peninsula in san francisco at 5 miles per hour so the wind is calming down

for now. that breeze will build throughout the second half of the day. good morning in san mateo. 54 there. 45 in santa rosa. cool enough for a jacket up there but today perfect. you can wear just about any of your spring attire comfortably. might be a little too cool for the tank top at the coast so temperatures only in the 60s. by tomorrow we'll hit the 80s but we're going to see a stronger on shore flow in the morning and that means a little coastal fog and drizzle tomorrow. if you have tickets to the giants game it's going to be phenomenal. 57 degrees at 7:00 p.m. as our giants take on the los angeles dodgers again ryan vogelsong taking on their ace. so it's going to be a great game, all of the action at 7:00 p.m. on our sister station comcast sports net bay area, what a series and what a game last night. 75 degrees in san jose, 79 in livermore. the next couple of days a little warmer, yeah, 84 degrees by thursday, then we'll come back

down to the upper 70s friday through the weekend. leveling off, in fact, saturday and sunday in mid-70s. we'll warm up by monday and then tuesday through thursday of next week, temperatures jump so enjoy this mild pattern. smeeking of mild, how is it out there >> it is relatively mild. summer pattern seems to be kicking in. a little later but they do hit. we see now closer to 7:00, the slowdown for antioch and now pittsburg, bay point, concord look at that. that's why i was worried they were not going to clear this in time. they did. all lanes south of the walnut creek interchange are clear. speeds in the 50s and 60s. look at the build. we have the build down the east shore freeway, richmond, into berkeley, into the 30s. no major surprises, the metering lights are on, the bay bridge moves. the san mateo bridge also moves smoothly. a live look, see how traffic flows westbound. you see the volume starting to build. no major issues. speeds in the 50s as you cross

over. look at this shot. the low clouds not an issue. but clear view for the drivers. we're looking further south as we travel 880, from this area and slowing at the castro valley yrkz. clearing by the time you get to fremont. a nice flow of traffic toward mission boulevard and 101 slows up to the airport. speeds in the 30s and 40s around tully and 87 as well. expect 280 and 85 to follow suit in the next few minutes. >> thanks, mike. >> a bold plan to fix a budget problem in gilroy has been rejected. >> the city hoped to be only the second in the state to pass a sales tax hike to fund schools but last night a vote to put a quart tear a half cent sales tax increase on the november ballot came up short. >> the kids that are suffering. we don't have the programs that we used to. and the thing is, we've got to look, let the citizens decide. >> they could choose to go on

internet sites out of the state to avoid even paying sales tax, so that's not something we want to encourage if we're trying to grow business in gilroy. >> gilroy is facing an $8 million shortfall in its school budget. both sides say it's possible they may revisit the issue in the future. >> 6:52. the city of stockton expected to take another step toward history later on today. not the history you brag about. the city council voting to declare chapter 9 bankruptcy and make it the largest city in the entire nation to do it. it would provide a way to keep city services operating during the bankruptcy process. that plan would also make significant cuts, even possibly eliminating medical benefits for retired employees. another hit for stockton, the nation's second highest home foreclosure rate. >> 6:52. new this morning the coast guard is searching the san francisco bay for a man who may have

fallen into the water after a giants came. christie smith joins us live with an update on the search. >> reporter: good morning to you. i spoke with firefighters on the scene, telling me now that it's daylight they are going to send a helicopter up very soon, back over the bay. i want to have you pan off so you can see a little bit of what's going on. there are crews there at the edge of pier 32. what happened here according to the firefighter i spoke with is that they have been searching overnight for a man who may have fallen in the bay. they say they got a call last night after the giants game about 11:00 that two men had came back here where they parked their car. they had been drinking and celebrating. one man says he turned around and that his friend was just gone and he thought he fell in but he didn't see him. their car is still here, i'm told the coast guard has been out here. they had boats searching. i saw one go by about 10 minutes ago. today they may put divers in the water, saying to continue their

search. we know according to the firefighter i spoke with that the person missing is a 27-year-old man, they say he was wearing dodger gear, a jacket and a black jeans and again, they say they are going to continue searching for the next several hours. that's the latest. reporting live in san francisco, christie smith, "today in the bay." >> the santa clara city council is scheduled to meet to talk about funding options for the 49ers stadium. the state repurposed $30 million of supposed to get things rolling at the site of the niners' new stadium. that money now will go to education. another $10 million already spent on the project now is up in the air. >> on the peninsula, a teenager under arrest after deputies say he tried to run them down with a stolen car. sheriff's office says the teen drove towards the deputies at the intersection of rutgers and fordham street monday night. one shot was fired and the suspect was not hit. the teenager initially got away

but was found later and arrested. >> antioch police continuing their search for an armed gun man whose crime was caught on camera. the suspect seen confronting eric gilbert after he pulls in friday morning, several times the gun man pulls the trigger but the gun does not fire. gilbert is able to get away, get in his house when a neighbor distracts the suspect. the neighbor says yeah, the entire neighborhood watches out for each other. >> we are a neighborhood here, the people here for the most part try our level best to have a good neighborhood watch and do what we can to help each other. >> gilbert happy to be alive says he installed his surveillance system just last month for safety and peace of mind. >> this morning lawyers in a high profile south bay case hope the third time is a charm. they will ask again to have an assault case thrown out against a man who admits to attacking a retired priest because the priest molested him as a child.

bob has more on the court session about to get under way. bob. >> reporter: yes, laura. about an hour and a half the defense will make that request to the honorable judge sena here in san jose, this because father lindner, the accuser and main witness in this case, has exercised his fifth amendment rights not to say anything else on the stand. this is a right some people sometimes exercise when they don't want to say anything that can self-incriminate them. this means that father lindner will not be allowed to testify further against william lynch, the man accused of beating him up, the man on trial of course. the defense won't be able to cross-examine the priest, and all of his previous testimony will be stricken from the record. the priest's decision to take the fifth comes after his denial on the stand that he had ever sexually assaulted william lynch on a camping trip 35 years ago. both the defense and prosecution believe that father lindner lied

when he made that denial. he has never publicly admitted to the crime and never charged because the statute of limitations had run out. the defense will ask for a mistrial. they asked the judge twice to throw out the case against lynch, once because they argued the prosecution knowingly allowed the father to falsely testify, and secondly, for prosecutorial misconduct. if the judge were not to allow the mistrial to go through, the prosecution says it does plan to go ahead with the prosecution of william lynch because even though they don't have their main accuser testifying, they believe they can make the case. reporting live, bob redell, "today in the bay." >> a long list of facebook users feel they have been caught off guard over a new policy change and are not liking it. marla tellez live in menlo park with an update on facebook's e-mail flip. good morning.

>> reporter: the question this morning is, if you are a facebook user do you realize you have a new e-mail address linked to your account. facebook changing all of the e-mail to at facebook.com addresses. many say they are not aware of this move. quite a few reaching out to me on my facebook page saying they didn't know about it. some don't seem to mind but others are upset. one says she and her friends go as far as writing directly to mark zuckerberg to voice their complaints. they say they were not give at any proper notification. i reached out to facebook and heard back, a spokesperson sending a statement that says in part, quote, as we announced back in april, we've been updating addresses on facebook to make them consistent across our site. we're also rolling out a new setting that gives people the choice to decide which addresses they want to show on their timelines. in other words facebook says you still have a choice on which e-mail account you want linked

to your facebook account, which e-mail address i should say. marla tellez, "today in the bay." >> thank you very much. let's check in with christina. >> a beautiful forecast. >> yeah, i post updates on facebook just about all day long. unseasonably cool again that means the 70s, give the ac a break for first official week of summer. 79 degrees at 4:00, 70 bay side at the coast 65 degrees. changes tomorrow, 5 to 10 degrees warmer. and your drive, here is mike. >> we talked about the build happening just before 7:00. that's what we see a new accident making things worse for 101. the slowing starts at capital expressway. 87 we talked about that. and we also said 280 and 85 would follow shortly. there you go. speeds in the 40s where you see the red. southbound 880 through hayward t build continues into fremont. >> thanks so much, mike. thanks for joining us this morning. we'll be back at 7:25 for a local news