on this monday, july 23rd, "today in the bay." >> good morning everybody. the time is 4:31. i'm jon kelley. >> i'm laura garcia-cannon. this morning the world will see the man accused of the worst mass shooting in american history. >> his name is 24-year-old james holmes. he will make his first court appearance today, three days after allegedly killing 12 people, wounding nearly 60 more in a colorado movie theater. leanne gregg has the latest from aurora. >> reporter: the suspect's legal team is expected to go in the theater later today to look at bullet holes and what's left of the carnage, part of the process of putting together a defense. while a city mourns. ♪ more than 10,000 people gathered in unity to honor the victims. >> millions of people are with

us, and helping to share our burden of grief at this moment. >> reporter: a sunday vigil to help heal, in all, 12 are among the dead. a 6-year-old girl, a navy sailor, an air force reservist and two young men who died shielding their girlfriends from bullets. fathers, sons, daughters, each with lives cut short. the president addressed a grieving community and talked privately with families of the victims. >> my main task was to serve as a representative of the entire country and let them know that we are thinking about them at this moment and will continue to think about them each and every day. >> reporter: the suspect, 24-year-old james holmes, today will be advised of his rights and the judge will set a date for the formal filing of charges. it's the start of a legal process that may take months. >> we will convict.

yes. >> reporter: at issue whether the prosecutor will seek the death penalty. the defense will likely argue whether holmes is mentally competent while the city is forever changed. evidence will include what was found inside the suspect's apartment. yesterday, officials removed explosive devices meant to kill. today, officials say they may allow residents to return to that apartment building. leanne gregg, nbc news, aurora, colorado. >> 4:33. the tragedy in colorado not only shocked the nation, it has also affected the political time. both president obama and mitt romney put their campaigns aside to voice support and respect for the victims and survivors. a san francisco fund-raiser romney said he would join president obama in supporting the people of aurora. he held a moment of silence. romney headlined three events sunday all hosted by the hewlett-packard ceo meg whitman.

>> and after romney hours after romney theft bay area, president obama arrived. >> the president having a worldwide fundraising event. the president stayed overnight. good morning. >> reporter: good morning to you. yes, a slight change of plans for president obama who was actually waking up in san francisco this morning, staying at the fairmont hotel. he was supposed to arrive in the city today but instead arrived at sfo last night around 8:15 after visiting with victims and family members in colorado. now, he will be back in oakland this afternoon but not before a quick trip to reno for a fund-raiser and speech there. at sfo he gave a wave, then was off again. he has three fund-raisers in the east bay, the big one at the fox theater late this afternoon. though he has strong support in oakland, protesters are expected there, too. medical marijuana advocates upset with recent federal

crackdowns on dispensaries and an anti-war group plans to come out. president obama was here last month in san francisco where he met with high dollar tech executives and went to the merchants exchange. he only stayed in the city for about four hours, but during that time he left with around $2 million from the bay area. he is heading to portland. reporting live in san francisco, christie smith, "today in the bay." >> thank you, christie. >> of course, when the president returns to oakland today you might want to brace yourself because it may slow down your commute. >> mike has a look at the street closures. >> obviously christie is there by the fairmont so watch the perimeter. usually fourth and howard, until the president leaves the area. when he comes back to oakland a more road closures in the east bay. this is going to affect telegraph from about 17th to berkeley way and 17th from broad way to san pablo.

all along san pablo will be closed, the area northeast of the plaza. there is a triangle at owe gala and 13th and then back to the northeast and that will be affected. your b.a.r.t. lines, no closures and the stations are open but it might affect the bus lines through ac transit through the area. the 51 in peculiarticular. >> moving to other news the family of bryan stow getting its day in court. a judge setting a trial date for a $50 million civil suit against the dodgers. the stowe family is suing the dodgers owner for a beating at dodger stadium during last year's opening game suffered by brian. court papers say that stowe suffers brain damage that left him unable to walk or hold a conversation. his lawyers say he will need life long care. this lawsuit is for damages and future medical costs. the trial date is set for next

february, two men have pleaded not guilty to criminal charges. >> 4:36. dozens are out of their homes following a fire at an apartment building. 20 units were damaged. officials say the fire started about 9:30 last night and took more than 70 firefighters just to get it under control. five people were treated for minor injuries. 60 people have been displaced. >> a reward is being offered for information that leads to arrest in a shooting in oakland that sent a 5-year-old girl to the hospital. oakland tribune says the girl is the victim of a drive-by shooting but was not the intended target. the shooting happened saturday afternoon. the girl was walking along 50th avenue with her family. she was shot in the neck in front of a fire station. luckily the firefighters inside heard the shots and ran out to help. she was taken to the hospital and is now in stable condition. >> the bay area police department now on alert over

recent suspicious mail. i think that's the story we just did. let's move to bay area police departments, oakland police say that the agency was able to receive the envelope filled with white powder, the substance turned out to be harmless. other departments have also received similar mail last week. all harmless as well. the fbi is now helping in this investigation. >> the dui case against an oakland raider continues to work through the court system this morning and now a lawyer for darrius heyward-bey says there might be a way to avoid a conviction. his lawyers will appear in court today. the lawyer believes there could be procedural issues with the traffic stop that ultimately led up to the receiver's arrest. hayward bay is accused of driving under the influence after being pulled over on april 7. >> a shoplifting scandal is not stopping an assembly woman running for office. she announced plans to run for

the seat on the alameda board of supervisors. she is still on probation after snatching $2500 in clothing from a san francisco neiman-marcus store last october. at the time her lawyer claimed that the brain tumor affected her decision making. she says she was distracted by a phone call and forgot to pay for the merchandise. >> let's check in with meteorologist christina loren to find out about the week ahead. >> good morning to you. yes, new week, new forecast. it was pretty hot over the weekend. we're going to get cooler, then as we continue into the work week dropping the temperatures a little bit each day so. a gradual cooldown on the way. back to work monday. crisp out there, we're at 56 in oakland. 61 in concord. good morning to you, livermore, it's 61. as you head throughout the afternoon we'll see the clouds push off shore. we don't have a lot out there.

just a little cloud cover hugging the coastline. should clear out by 11:00. then we'll hit highs in the 80s, a couple of upper 70s at the coast. your full forecast in a few moments. stick around for that. back to you guys. >> still ahead, a football coach convicted and a statue removed. this morning the penn state sex scandal brings more punishment to the school. the action the ncaa is planning to take. >> plus, fighting the burning ban. why a bay area man is appealing the government's position to expand the festival. >> for all of your news, traffic, weather, check us out on facebook. search nbc bay area.

>> welcome back everybody on a monday morning. we give you a live look outside. san francisco with the lights gleaming in the darkness. christina loren says a nice week ahead. it is 4:43. >> the ncaa will announce sanction this is morning against penn state in the wake of the scathing report that found the university's top officials ignored child abuse allegations against former football coach jerry sandusky. the ncaa says it will levy, quote, corrective and punitive measures against the university. the sanctions will be announced at a press conference later this morning. >> the statue of joe paterno has

been removed from its place outside penn state football stadium. a crew removed the statue sunday morning. a covered fence blocked the view but about 100 people came out to watch from across the street. >> at least 11 people are dead, another 12 injured after a pickup truck loaded with passengers crashes in texas overnight. this all happened about 100 miles south of san antonio. investigators say it appears that truck blew out a tire and slammed into a tree. 23 people were crammed inside. both the truck's cab and its bed. >> the former chicago area police officer accused of killing his third wife and sentenced in the disappearance of his fourth, he returned to the national spotlight today. jury selection starts today in the drew peterson murder trial. peterson being charged with drowning a third wife back in 2004, that death initially was declared an accident but peterson was ultimately charged after his fourth wife disappeared in 2007.

peterson has been locked up the last three years awaiting his trial. >> all eyes will be on two bay area companies hoping to outpace wall street expectations. for a check of the markets we turn to kayla tausche. good morning. >> good morning. unfortunately we'll have to wait until thursday for all of the tech excitement and right now we have bad news in the markets. we have futures pointing to a negative stock market open following friday's losses as eurozone fears continue to spook investors. stocks in asia and europe getting hammered on rising worries and gerns that greece may not get further aid. we'll get earnings from mcdonald's and texas instruments. the dow closed 1% lower friday to 12,823, and the nasdaq lost 1.4% to 2925. we do have a host of earnings due out beginning with mcdonald's. the fast food chain warning that the weak environment, rising

expenses and currency exchange rates could hurt results. concerns may also strain earnings from texas instruments. and all eyes on apple and facebook later this week. facebook's first quarter as a public company, no doubt we'll be watching that. back to you. >> thanks so much, kayla. >> one more check. you said a cool start and another nice day. >> it is going to be a hot one but that means that you live in the city by the bay you're going to get spoiled again. another beautiful day getting ready, get ready for that. it's monday, hard to get up on a monday morning so if you are awake with us this morning, thanks for joining us. 58 in fairfield. we're at 61 in concord, the 60s in livermore. temperatures are going to be nice and mild for the first part of the day. then it's going to get hot inland like it has the past couple days so make sure you're ready. grab that water bottle. and we've also got monsoonal moisture creeping up from the south. you'll notice the clouds over

the local mountains, the western facing slopes surrounding the south bay. the second half of the day in the afternoon. so, 60s and 70s at the coast. 80s and 90s inland. cooler for tomorrow, then we cool you off as we head through the week. if you want the cooler weather we've got it a couple days away. 85 degrees in san jose today. 93 in livermore and 74 degrees in san francisco. so, basically, as you make your way fm san francisco into the east bay, 20-degree difference later this afternoon. you'll notice that. 85 on wednesday, and as we head throughout the remainder of the week, temperatures below our average so we'll see an unseasonably cool week after we get through two hot days. 4:47. mike's busy, the president's in town. >> good morning, mr. president. we know you're an early riser. thank you for choosing nbc bay area if that's what he chose. we're looking at the east bay. traffic flow, a nice easy drive approaching the bay bridge toll plaza. speaking of president obama we're looking at oakland where

we're seeing closures. 11:00 a.m., we'll let you know what they are, we'll remind you. 17th, 18th and 19th off san pablo. watch that northeast of the plaza. the san mateo bridge to the south of there, a smooth drive. maintenance work lane closures all cleared up now since saturday night and no problems sunday or now. a smooth drive across the peninsula side. 101 moving smoothly as well. across the golden gate bridge, an easy flow of traffic as well. the golden gate bridge, the crews are moving the cones. the center divide is movable. they are getting ready for the morning commute. the flow not a big deal. no activity on the bridge other than the traffic. >> mike, my guess is the president is too busy or tired or sleeping. he is dvring "today in the bay." college students working for the state will be out of a job. 1600 positions slated to be

eliminated in september, part of a labor deal struck between sacramento and employee unions to try to help close that budget deficit. the state says this move will save them $13 million, nearly all of the student assistant jobs were part-time positions. >> a festival getting the green light to expand. not everyone is happy. >> one man in particular, a north bay man appealing the government's decision to allow the burning man festival to increase attendance to more than 60,000 people. christopher brooks says the event has altered the landscape outside of reno. he claims it has kept him and others from holding their own outdoor activities in the area. organizers for the burning man, they dismiss the claim. >> up next, another record-breaker at the box office. the new batman film draws in huge numbers. >> plus, the final countdown to those lunlden olympic games. why one country is preparing its athletes against the security threats.

>> welcome back everybody. a live look outside at sfo. the president in town, president barack obama a busy day ahead. he is going to fly over to reno to take care of business before bouncing back. he will be in oakland this evening out here for another fund-raiser, his first trip to oakland, california as the president of the united states will be a big day in the bay area.

it's 4:52. >> opening day of the new batman film was marred by the shootings in colorado, early reports show the film was still on track to set a record for ticket sales. insiders say "the dark knight rises" pulls in at least $160 million in its first weekend. a record for 2-d films. that would top the 2008 debut of the dark knight and make "the dark knight rises" the third highest opening behind "the avengers" and the final harry potter film. both of those were released in 3-d which meant higher prices. >> a scary video we showed you and now a hometown hero was honored at a baseball game for making the catch of a lifetime. it had nothing to do with baseball. steven st. bernard receiving $1,000 for his daughter's education fund after he caught somebody else's daughter as she fell three stories last monday. he was honored at the brooklyn

cyclone game throwing out the first pitch. he is a bus driver. he saw a girl dancing you will on the air conditioner and he was right there, right place at the right time. he caught her as she fell in his arms. >> that girl is going to fall. >> the good news is that young lady is safe. steven tore a tendon in his arm but is expected to recover. a nice check for his daughter's education. >> amazing. >> guess what, yes, it's almost here. talking about it finally. just four days from today, before the opening ceremonies. the london olympic games. >> got to be ready. a high among the tourists and the locals. hundreds came out for a rare break of sunshine. we're talking london. the summer has been one of the wettest on record for the uk, dancing in the streets about it there. and for locals, national pride

overflowing. after bradley wiggins became the first british person to win the tour de france. >> very emotional. >> there are some security concerns, british media reports that israel plans to spend a special agent to guard its athletes after several israeli tourists were killed in bulgaria last week. london officials say they will have plenty of security for the games. >> this weekend the olympic flame being held high above london taking a ride on that iconic london eye. it's like a giant ferris. amelia had the honor of holding the torch on top of one of those capsules. must not have a fear of heights. she received the honor because she is the youngest person to ski that south pole. several soldiers and a lot of children got a chance to carry the torch this weekend along

with romanian gymnast, an icon from the olympics, nadia como neech. >> i've seen the eye. >> i've been on it. it's awesome. >> cool. >> it takes about 30 minutes to go all the way around. it's really cool. you have almost like your own room. about five to eight people in there. you can hang out. but you talk about a sweeping view of the city. if you get to london, you have to go on that. >> no fear of heights. >> none. but i wasn't on top of it like the lady with the torch. something to shoot for. >> 4:56. of course we'll have live coverage of the games and much more on our website nbcbayarea.com plus raj mathai is in london. he is going to join us on our morning show this week and look at some of the festivities. >> look forward to raj and his coverage. he has done a few of them. 4:56 the time.

still ahead on "today in the bay," president obama dropping in on oakland. we'll let you know what you need to know about the roads so you can get around and avoid closures. >> the latest on the colorado shooting investigation as the suspect prepares to go to court. the evidence police discovered over the weekend. >> for news, weather and traffic, jump on facebook and check us out.

>> new this morring the investigation into the colorado shooting suspect continues this morning. i'm marla tellez. what authorities found in james holmes' apartment overnight coming up. >> and president obama back in the bay area this morning. more fund-raisers, this time in the east bay. protesters are expected. i'll have the story coming up. >> regardless who with the visit

we'll talk about the closures coming up. >> it's going to be a hot one across the bay area with temperatures in the 90s inland today. the 80s bayside, the 70s at the coast and a cooldown on the way. your full forecast in moments. >> a live look outside, can you make out the golden gate bridge. that's what it is for this monday, july 23rd, this is "today in the bay." good morning. thanks for joining us. 5:00. i'm laura garcia-cannon. >> good morning everybody. i'm jon kelley. new this morning, new details about the suspected shooter in one of the worst mass murders in recent history. 24-year-old james holmes is all set to make his first court appearance in a matter of hours. marla tellez is here with more. >> good morning. this is the first time we could get our first look at james holmes since he shot and killed 12pl