>> for more than a million undocumented imgran searching for the american dream. the new protection allowing them to seek legal status. plus savage ads stirring debate. >> and great news when it comes to your pg & e bill. that natural coolant is taking your temperatures to the 90s inland, 80s and 70s bayside, 60s and 70s at the coast. rain on the way. plus as the east bay traffic picks up, the big slowdown for 580. a beautiful live look outside. it's wednesday, august 15th. this is "today in the bay." >> this is today in the bay. good morning. and here allegation morning.

snow with the chance for a "today in the bay" will join us r. >> reporter: it boils down to a two-year work permit that is renew away. this is usci system.gov in fact where you can download the necessary applications. it goes without saying this is a win for the undocumented immigrant community, namely the younger generation. ? order to qualify, you have to be younger than 31 as of june 15th. and in terms of education and you must have a clean record. no felony convictions. now, we spoke to the folks at a

nonprofit in san jose. the program director tells us a work permit means a healthier economy for everyone. >> it's a step forward in recognizing, that they were fruitful members of our society and they deserve to come out of the shadows and to work legally and be respected and appreciated for their contributions. they also say it's a ploy. you can download the applications. 6:02, happen now. and utah this morning ee. coli concerns. dale t. smith & sons meat

packing rawlings more than 38,000 pounds of beef on their way to stores in california and salt lake city. it includes boneless beef and other cuts with a package date of august 8th. so far no illnesses have been livaned to it. well, laura, for the first time we're seeing pictures from inside the building at the chevron refinery that caused last week's massive explosion. an independent allegation investigates major accidents like this. chevron is cooperating fully in their investigation, and while investigators say they have not pinpointed an exact cause of this fire, they do say they feel like they're on the right track. >> the existence of corrosion in an adjacent pipe is something that is suggestive and we will look at, but we will keep an open mind and find out exactly what happened with the pipe. >> contra costa county health

officials did meet with the board of supervisors yesterday. they say more than 9,000 people have sought treatment and now there are reports that a few of those people may have been hospitalized. new clues for a murder mystery of a 5-year-old boy. new video of a car and sketches of suspects that police say they hope will lead to his killer. christie smith has more details. >> reporter: oakland police certainly hoping this leads to an arrest. but you know, when this happened, it stunned people in oakland during a five-month period three young children were shot and killed, including the 5-year-old boy that we're about to talk about. but now, police are releasing a suspect sketch.

it was last december 30th someone shot and killed 5-year-old gabriel while he was at his parents as taco truck. he died in his father's arms. police also released surveillance video of the gunman's car driving away. they think it's a 2006 to 2009 four-door chevy impala, possibly silver or at least light in colors. just protect my family, stay safe, that's it. >> reporter: oak will be police believe, with, and they think there may have been other women in the car.

oakland police plan for update us later on. also this morning, san jose police making an arrest in nothing short of a brutal stabbing. police and canine units tracking down and arresting a 37-year-old man just yesterday. he's accused of stabbing and killing a woman with that sword on san carlos and meridian on monday. this all happened in front of dozens of witnesses. investigators at this point not releasing the suspect's name or a possible motive. meantime san jose police searching for answers and searching for a suspect after another daytime shooting. this marks the third shooting in just two days. the victim is a man in his 20s. he is right now in the hospital. he, however, is expected to survive. officers found him about 2:30 yesterday afternoon on winchester believed north of hamilton. no arrests have been made. a popular music festival

rocked by allegations of sexual assau assault. francis police tell the "oakland tribune" say three women say they were sexually assaulted. police don't believe the incidents are related. how about this, buggsed by the gage either he ripped off. the burglar who pulled off a height at the home of the late steve jobs ended up getting caught ironically because of the famous stuff he ripped off. police say karim mcfarland saw the home as an easy target. nobody was home. are, there was no alarmt. investigators say investigators say he hopped open the, didn't realize it was the home of the apple founder until -- >> if he didn't know it was steve jobs' house, it's like he hit the jackpot. >> he took an i had pad, two i

phones, as well as a bottle of champagne and tiffany necklace. now, police add they were able to track down mcfarland when he used one of the stolen devices to connect to the internet. 6:08, a series of pro-israel ads on muni buses is sparking strong opposition and a nationwide campaign to have them removed. we've live in san francisco where muni is reconsidering its position on the adding. good morning, bob. >> reporter: good morning, laura. muni has never pulled an ad, but is considering doing that. because the message is so offense i have been to some people. the implication of this ad being that arabs and muslims are the savages. a pro-israel group called the

american freedom defense initiative placed these ads, has labeled a hate group. though muni has condemned the language. it's not making a decision on whether or not to pull the plug until it considers its contractual obligation. this grub did sue new york city's metropolitan agency after that agency refused to post those ads a while back. the group did win the lawsuit with a judge ruling their message was protected political speech. telling "new york times" it was a visible torrie for freedom-loving even if muni does not pull the ad, the agency says it will be reviewing the policy from here on out. all the money made from the ads will go to help the san francisco human rights commission with their education efforts. reporting live here in san francisco, bob redell here

"today in the bay." in a word, the forecast for this wednesday -- relief. >> better, better, indeed. you know why? we are getting low clouds spanning all the way into your inland valleys this morning, so a sure sign of a cooler day ahead. we have a great-looking forecast for today. if you're sick of the heat, we're taking your temperatures back to the low 90s. take a look at this morning. you might have been able to give your ac a break in concord and livermore, as this time yesterday we were closer. we're back in the upper 50s, so improvement already taking place out there. another area where we're improving if our air quality. back in the good range everywhere. nobody has fun healthy pollutant levels. and we're going to get some rain. showers will purify our air quality. we'll show you when we get those

showers. temperatures tumble even more so tomorrow. i'll show you exactly how cool it will be. first we want to check your drive and get you to work on time. here's mike. >> we'll get to the area that folks call the city, but san francisco is the official name. northbound 101, as you're approaches cesar chaves, it looked like it will be moving from that slow lane. but the top of your screen, another accident, and i'm looking at chp's update. it was reported a transition, but it does sound like it's off on bryant street, so better new for the flow of the traffic. watch the bryant street off-r p off-ramp. other side of the bay, looking at web 580, it looks like things are starting to smooth out. the adept of transportation crews were supposed to be out there to help right about now.

this may be moving to the shoulder. so far, 880 moves smoother than 580. a live look outside, and we'll see how things are shaping up. nice in both direction through this portion. back to you. 6:12, coming up a cash-strapped state agency secretly sitting on millions. the high-level state workers accused of covering it up. plus off the tracks. runaway rail cars plunging into a river. also from the gold medal podium to the golden state. we'll tell you about ryan locketty's hollywood debut, just ahead. plus what ainge yes's list can tell us.

welcome back. happening right now, this is from riverside county, southern

california, we're reporting a fire where one person has already been airlifted out, suffering from burns. the fire is spreading. it's covered about 4 square files. we've been told that dozens of alpacas have been evacuated, so firefighters are trying to contain this as quickly as possible. we'll keep you posted. here's a quick check of some of the day's other top stories. starting today, young undocumented immigrants can apply online for two-year work permits under a new federal immigration policy. to qualify, you must be under the age of 31 and you must have arrived in the united states before the age of 16. also, you must currently be enrolled in school or a high school graduate. oakland police releasing sketches of two people wanted in the shooting death of 5-year-old gabriel martinez. martinez, if you recall, was killed outside of his family taco truck at 55th and

international blst last december. muni could soon pull a series of pro-israel ads from the fleet of buses. muni says the adding are protected by the first amendment. new this morning, 22 rail cars sent off the tracks after a train derailed early this morning in kansas. some of the cars wound up plunging into the nearby river in miami county. the cars were carry grain. so far no injuries have been reported. union pacific railroad investigators are on the scene trying to figure out how the train went off the tracks. also this morning, new accusations, california's top lawmakers actually knew the state parks department was sitting on millions of dollars months before it was released publicly, money that could have saved a lot of parks. a former budget officer claims she told state attorneys about the funding issue as early as april, but state leaders didn't acknowledge that scandal until it first came to light in july.

at issue, 54 million in so-called hidden assets. is the park department never reported to the department of finance. that money as we mentioned could have been used to avoid state park closure due to state budget indicates. facebook's first lockup expiring tomorrow. this is the first time many insiders can sell their stocks. scott mcgrew says investors should not be caught off-guard. >> all this should be baked in. ed price should already reflect what is going to happen? tomorrow is not a big secret, but all we have to do is look at shares in angie's list for a lesson in how investors failed to anticipate s it just underwent its own sale of stocks. shares fell yesterday to record lows. investors still got caught off-guard. angie's list goes on a list of

stocks that failed to perform after its ipo. now on the plus side, linked in and yelp founded by pap paypal. three major forces are teaming up to create a mobile payment company so you can use your phone to pay at those stores. there are already mobile payment solutions. google has one, paypal, apple reportedly working on one, but apparently target, walmart and 7-eleven don't want to hand over the power to any of those companies. futures coming for a call for a mild open. women's gymnastics team getting ready to close, they're practices, bang the gavel three times, you want to bang it? one time, i'll hand it to you. now, funny thing on twitter, people reacting to sunday's

close ceremony where the announcer pointed out the olympics are a tradition dating back 3,000 years. take a look. a young woman named emily writes 3,000 years ago? i didn't think anyone was alive back then. shauna says i'm sure this man on the sells said they started 3,000 years ago. it's only 2012, how how would that possibly work? jamie thinking along the same lines. duh. there's your faith in humanity. >> wow, wow, classic. >> the dinosaur olympics, tea change in the temperatures? >> it will be great. if you want to get outdoors and do any sort of jogging or swimming, it still will be warm enough, but things will start to change. major changes. good morning to you, want to

start in sunol, as far east as we possibly can, just to show you how far those inland low clouds have spanned, filled in all of your local valleys. as we head through the -- all the way down the peninsula, and through the silicon valley. this is our natural coolant. you -- you might need the ac out in livermore. this in san jose. yes, what a pretty, pretty sight for us, as we have been baking over the past couple days. this is good news for for your pets, for your kids, it will be a lot more comfortable. 59 degrees in livermore, 57 degrees to start you out as a crisp morning in san francisco, as we head through the day, temperatures will be on the mild side, at least for the first part of the day, then a bit on the hot side. between 2:00 and 5:00. tropical moisture starts to moving in, so you may actually feel the air becoming a bit more sticky, a little more icky as we

head through the next couple days, then we get enough to squeeze out a few showers. i think over the greater bay area, but i want to point out, those giants will be back at it. it's a day game today, and we'll be a bit on the cloudy side. 66 at 2:00 p.m. that's right, they won last night, and tim lincecum will be back on the mound, hopefully taking on another big win against those nationals. 92 in livermore, 92 in fair field. temperatures start to tumble as we head into next week. we're done with the triple digits. our next weather pattern will be interesting with a few showers on the way. so it never gets boring around here. let's check on the drive. here's mike. hey, folks, we're looking at the south bay, the volume picking up. on a major highway, the surface streets, closer to the limit. that's great news. darn it, we have the accident indicator, but it's behind the

280 sign. if you're coming downtown, you'll see an issue at the transition. we will look now over toward the east bay. the volume builds out of the alta month pass, but no incident through livermore, moving smoothly as well. we'll look at 580. we still have this accident reported at keller, but over the last five minutes, all the slowing that was traveling web has cleared. it looks like all lanes are cleared, but still getting confirmation from -- may slow traffic on the southbound side. we'll trach it, just got reported, bay bridge a little slowing here, shows you how things are shaping up. there's the volume, all lanes are starting to slow down. a quicker build here, and we'll look across the san mateo bridge, this is the westbound commute. you can see all the way across to the flat section, coming over from the east bay, the low clouds causing an issue, that

might affect your bridges. back to you. >> thanks so much, mike. >> quick question -- who was your favorite olympian? >> i think gabby douglas. >> sure. how about ryan lochte, faking it over here. now he's diving into brand-new gigs. >> he's getting ready to make his acting debut. >> a thespian now, sure. >> he'll be playing himself on an upcoming episode of "90210." the executive producers say you won't see him in the water, but on dry lands at a resort. the episode airs october 29th. >> on dry land at a resort, i'm guessing in a towel with no shirt, and i'm guessing you'll be watching. how about guzzling gas at almost $7 a gallon? how a california gas state is getting away with this, just ahead. i love this one, too.

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new gluten free apple cinnamon chex. welcome back, everyone. it's kind of like no pain/no gain, as aa's gas report is coming out this morning. >> the average price in california, now $4.10, but get this even more expensive in the

town of gorda. that's about 30 miles south of big suralong highway 1. look at that. 6.69 a gallon for regular, all the way up to 6.89 for premium. >> wow. >> here's why the gas station can get away with those prices. it's the only gas station on the 65-mile stretch of highway between big surand san simeon. so you cruise without the gas, you lose. >> i guess it's legal, kind of cold-blooded. five sibling, one wedding. >> it all went off without a hitch. five brothers and sisters all from the same family decided to get married on the same day in mesa, arizona. more than 1,000 people showed up for the reception. the family said, there we go, the idea started out as a joke, and all the siblings wound up engaged within two months, then the idea turned into a very,

very practical solution. >> look at that. three daughters and two sons, i guess. >> a lot of sake. firefighters still possibly get that upperhand on the 7,000-acre blaze. we'll have the latest on the damage just ahead. release me, momigus!

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gone but not forgotten. new hope that a young boy's killers will finally be brought to justice. the new lead that could help a grieving family find closure. and some say they're offensive, but the question is, are they protected? the controversial ads stirring up debate on the streets of san francisco. and 7,000 acres scorched in lake county. will soaring temperatures keep firefighters from getting a handle on those flames? a live look overlooking downtown san jose. still kind of gray with some of the clouds settling in on this wednesday, august 15th, "today in the bay."

good morning, everybody. very happy you could join us. i'm jon kelley, and i'm laura garcia-cann garcia-cannon. christie smith has the new information for us. good morning. >> reporter: good morning. this is a case that stunned neighbors here in oakland. it came at a time when three young children were shot and killed on the streets in just a matter of months. now police think they may have the key to finding whoever shot and killed a 5 years old boy who died in his father's arms late last year. so now they're asking for the public's help. they're releasing new sketches of what they believe to be the gunman. police say he's an african-american male, 20 to 29 years old, six feet tall, 185 pounds with short black here and brown eyes. they say 9 shooter was with an

african-american woman in her 20s, 5'7", 140 pounds with dark hair. police also released surveillance tape of what they think is the gunman's car leaving the scene. they think it is a 2006 to 2009 four-door chevy impala, silver or light in color. it was late december last year when someone shot and killed gabriel martinez jr. as he walked near his parents' taco truck by 5th and international. we spoke with one neighbor who said he was judd minutes away from bringing his own child to the taco truck that night. >> it was really disgusting to me, really sad, and it's very unfortunate for the family. just an intenocent child at tha business playing around like a kid. >> reporter: investigators say there also may have been other women in that car with the shooter. oakland police are offer a $25,000 reward for information

leading to arrests in this case. police planning for update the media later today. reporting live, christie smith, today in the bay. a man accused of raping, threatening and holding a teen girl against her will will appear in court. he's facing false imprisonment and sex assault charges. pacheco was arrested about three months ago after he and a 16-year-old girl were caught riding without tickets. the girl says she was trying to get away from him. a series of pro-israel ads on muni buses spurring nationwide debate and a signature-gathering effort to have them all taken down. good morning, bob. >> reporter: good morning, change had the org is putting

together a petition to try to persuade muni to pull these ads. muni has condemned them, but hasn't made a decision whether or not to pull them. "in any war between the civilized man and the savage, support of the civilized man. support israel, defeat jihad." the implication being that arabs and muslims are the savages. a pro-israel group placed ten of these ads. they have been running for about a week. though muni has condemned is the ads, they're not -- whether they consider contractual obligations. the american freedom defense initiative did try to get these ads run in new york city on the metropolitan transportation authority's vehicles, but that agency refused, the group sued, the group won, with the judge ruling that that message was protected political speech.

the group's political -- the group's director told "new york times" by winning that lawsuit it was, quote, a victory for freedom-loving people. here in san francisco, the ads were supposed to run through the independence of the month. even if muni doesn't pull the ad, the agency says it will be reviews the ad policies from here on out. if they were to pull the ad, muni says that would be a first. in the meantime, the money they are making they say they are donating to san francisco human rights commission to help them with their education efforts. reporting live here in san francisco, bob redell, "today in the bay." it is 6:35. good news on a pair of fires no longer an uphill battle. lake hill fires, they say they're finally turning the corner. so far 7,000 acres have burned near clear lake oaks. but firefighters say they have control lines set up that should keep 9 fire from spreading. full containment is expected to

come sometime next week. two people have been reported injured due to these fires and two buildings have been destroyed. another one has been damaged. we want to check the forecast with meteorologist christina loren, when it's so hot out there and dry, it could be tough for firefighters, but cooler today. >> if i was a firefighters, not only would i have exquisite taste, but i would be really happy to see this picture, because you see that marine layer, that's a very good indication of a cooler day. it's not just over the bay. let's take you to san jose and show you how cloudy it is. this is great improvement when it comes to the weather conditions, so thanks for waking up with this morning. we're running about 10 to 12 degrees cooler than just 24 hours ago. upper 50s all across the board, and we're headed toward the low 90s. 80 degrees bayside, and 68 at the coast. the seven-day outlook is ready to go. first a check on your drive. how is that shaping up, mike?

>> it's a pretty typical pattern, but look at 580, the overturned car was blocking a lane. we've seen it move smoothly for the last 15 to 20 minutes. i would say this accident should be a nonissue as chp is leaving the scene. less cars, less distraction. southbound 880 at fruitvale, this is at most blocking your slow lane. other side of is the bay, action still there. it sounds like it's moved to the shoulder, but you see slowing on the approach. a live look outside, san jose, that's the reason for slowing just north of 680. back to you. >> thanks. the time is 6:37. still ahead, picked off by a pellet gun? the potential danger for bicyclists. and a sea lion found shot in santa cruz gets a second chance at life, but will it ever again to return to the water and the wild? good morning! wow.

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welcome back, everybody. the time is 6:40. this morning a young sea lion recovered after being blinded and shot in the face. workers at the marine mammal center in marin county took in the animal after it was found responsive. experts show the bullet fragments inside his head, nicknamed whirly ball will not

be able to return to the wild. sad but true, but experts say it's not uncommon for fishermen to shoot sea lions to protect their catch. . palo alto police are investigating whether a bicycle us was simply hit by a rock picked up by a passing car. it happened sunday just before 7:00. when the bicycle. the cyclist heard a pop, then felt a sharp pain. police are treating the case as a possible assault with a deadly weapon. while investigators are trying to track down the car so they can speak to the driver. coming up, enough out smoking, one pack at a time. the crackdown that could cost huge chunks of profits. a violent attack targeting u.n. peakkeepers.

employers in the apple case step on the judge's last nerves, and we'll check the markets as well, coming up in business. [ female announcer ] these are the crescents you love on a holiday. and these are the ones you'll love on a school night. pillsbury crescent dogs with just a few ingredients you have an easy dinner... pillsbury crescent dogs... school night ideas made easy. that's been wrapped in a flaky crust stuffed with a gooey center toasted up all golden brown then given a delicious design? a toaster strudel. pillsbury toaster strudel. so delicious...so fun.

dramatic video of the massive fireworks blast that set the sky ablaze, sending 28 people to the hospital during a festival in spain. fireworks stored in a church belltower were set to go off at midnight, but instead a loose fire work accidentally set off thousands of others. the resulting explosion sent sparks, fire and burning debris raining down on spectators. we are following developing news in syria, where a bomb attached to a fuel truck exploded today outside a hotel where u.n. observers are staying inside damascus.

reports say the blast injured three, but all the observers are safe and accounted for. there are reports of damage to the hotel and a nearby building. today's blast is the latest in the series of explosion to hit damascus in days. addition 2012, president obama joining forces with the first lady today on his last day of campaigning in the hawkeye state. meantime mitt romney heading to north carolina and his running mate doubling down in the crucial buckeye state with the 18 electoral votes. the campaigns getting extremely heated on day 2 of his bus tour through iowa, president obama talked up wind power and rallied against romney's economic plan while romney continue toss hammer obama care. >> the plan to reduce the deficit is certainly not a plan to create jobs. >> he is taking your money for finance his risky and unproven takeover of the health care system, putting medicare at

greater risk. >> energy policy, medicare, and the economy all hot topics on the campaign trail this week. 6:46, new this morning, young illegal immigrants, with an opportunity to stay in the country legally. good morning, marla. >> laura, good morning, there's a lengthy list of guidelines, applicants must meet in order to qualify for what's called deferred action status. you have to log-on to this website here in order to apply. this is uscis.gov, president obama announcing this new relief policy back in june today gives more than a million undocumented immigrants a chance at a two-years work permit that is renewable. that work authorization guarantees no deportation and means an improved applicant will get a social security number,

therefore paving the way towards getting a driver's license. it does not promise permanent residency. in a new administration take over in november, the policy should be short-lived. we spoke to an immigration advocate in the south bay who works with undocumented students. she says they are excited about it and well aware it is just temporary. >> i think if we get a new president that specifically states that they are against this particular policy, then it will definitely lead to less people applying. at this point in time, they want to focus on the fact that there is an opportunity out there for everyone who qucalifies, to tak advantage of that opportunity and we're going to continue fighting and organizing. >> critics say the new policy will only hurt an already aching job market by placing more people in the application pool. once again, to download the required applications, you can log-on to this website,

uscis.gov. be prepared to pay a pretty significant fee of $465. jon? >> all right, marla, thank you very much for the union date. 6:48, more than 50 wildfires ripping through the western united states and some of the worst are right here in california. triple-digits temperatures in southern california continue to fan the flames. this morning cal fire says the buck fire has blackened nearly three square files in river side county and destroying four billings. at last check it was only 5% contained. so far two firefighters suffered minor injuries. to washington state, where at least one fire there has burned more than 70 homes and charred more than 40 square miles. it's happening in central washington on the eastern slope of the cascade mountains. at least 900 people are evacuated. no records of injuries.

the fire started yesterday at a bridge construction site. the good news, at least temperatures coming down a bit. >> yeah, our local heroes is exactly right. so cal will cool off as well. as you know, this is the place to be in the summertime, where we are spoiled with comfortable conditions, courtesy of a very robust marine layer, which is actually out there this morning. we wanted to start in san rafael, just to show you it's not only the low clouds we're dealing with this morning, we have some highs and mid level clouds out there as well, monsoonal moisture coming from way south, and it will feel muggier today as a result. this is san rafael, now let's show you the contrast, completely socked in with fog in the city of san francisco. yeah, that natural coolant is on, mother nature turned it on high, so we'll get a significant drop-off by about 10 to 15 degrees. that's goodness, at least for your pg & e bill. however, with that additional

moisture, your eva air quality is also improving, courtesy of a stronger onshore flow. we're back in the good to moderate range. no unhealthy levels of pollutants, as we get the strong on-shore flow. it's really the impact of high pressure pumping this tropical moisture up into the bay area that's going to really differentiate year temperatures where we started the week, compared to where we're headed today. foggy breeze after we lose that cloud cover, we're still going to get a nice sea breeze, bringing in that comfortable ocean air off the pacific. highs today work out like this. we're going to hit about 92, in places like livermore. seven-day outlooks shows you cooler conditions. here's mike and your drive. >> folks e. we'll take you to

the south bay, northbound 280, nothing dramatic except right there at the transition. these will clear by the time they major the merge, but the map will show you overall, things are starting that trend, slow, from you about capitol expressway up to the airport. highway 87 starting to build, and we should see this also, just slowing just from that transition. now, with el will also look over to the east bay, 580 slows, why? along with 238, here's mission boulevard traveling through hayward and jackson street. down into fremont, typically slow as well, but all your accidents in your commute direction have cleared from oakland. that's a much better flow. to the other side of the bay, as folks are getting off that san mateo bridge, from the commute, folks heading into the area, and no backup at the toll plaza. getting to 101 is a smooth transition. through palo alto, northbound

past university avenue, a nice easy drive at the limit all the way into the city, and southbound into the south bay, a smooth flow as well. back to you. i like your flow. well, a series of pro-israel ads on muni buses is sparking strong opposition nationwide. "today in the bay's" bob redell is in san francisco. muni is reconsidering its position? >> reporter: it's not because these ads are pro-israeli, but some critics say they're anti-islam. muni is considering whether or not to put it. they say these are ads running for about ten muni buses. the implication being that arabs and muslims are the savages. a pro-israeli group called the american freedom defense initiative placed these ads. it's not making this decision

yet on whether or not to pull them until it considers its contractual obligations. now, this group did try to place similar ads on new york's transit agency, but the agency there refused, the group ended up suing. they won the lawsuit, the judge ruling their message was protected political speech. the group telling in that in that it was a victory for freedom-loving people. even if muni does not pull the ad, the agency says it will be reviewing the ad policies from here on out. by the way, if they did pull the ad, that would be a first for the agency. they have never done that before. in the meantime the money they are making, they are donating to help with the education efforts. reporting live here from san francisco, bob redell "today in the bay." they're facing -- soon after

discharging them. >> about 1 in 5 medicare patients is readmitted to the hospital within 30 days of release. now medicare is penalizing. hospitals across the country. hospitals nationwide will forfeit $280 million in medicare funds over the next year. in the bay area, hospitals receiving some of the biggest penalty include seton medical center, st. rose hospital in hayward and o'connor hospital in san jose. laura, oakland police are hoping it's the break in the case they have been waiting for. christie smith is live in oakland with the new sketch and surveillance video that police are hoping might help them solve a case. >> they say it was actually eyewitnesses that helped them out with information, and they want to remind everyone that

gabriel martinez jr. was just 5 years old when he was shot and killed. oakland police believe the gunman is an african-american male, about six feet tall, 185 pounds with short black hair and brown eyes, and the shooter was with an african-american woman in her 20s. also dark hair. investigators that released surveillance video of what they believe is the gunman's car driving away. they think it's a 2006 to 2009 chevy impala, and that there may have been other women in the car with them. it was december 30th last year around 8:45 at night when gabriel martinez jr. was with his mom and dad at their family's taco truck in east oakland. the 5-year-old was walking with his dad in the parking lot when someone opened fire. he was in his father's arms when he died. oakland police are offering a $25,000 reward, and we're hoping

for an update from oakland police within the next 90 minutes. reporting live, christie smith, "today in t bay." australia's highest court dealing with the blow, calling on the world to match the tough antitobago marketing laws. the decision means to bako products must be sold in place olive green packaging without company logos, but also must display graphic health warnings, including pictures of cancers and other related illnesses. this time no drugs or steroids, a young contestant in the scrabble national championship has been kicked out for swiping some blank tiles. here's the deal. the national skrabl association sell he was caught hiding blank letter tiles. tournament directors say the boy

was keeping the tiles to use them in other games. when confronted, the boy admits he was cheating. the blank tiles can be used as wildcard letters to help complete words. the judge in the apple/samsung case is watching for unfair play in her courtroom. >> she has just about lost her patience. she sits on the federal bunch, has heard lots of high-tech cases, very well thought of to court observers, but to court observers, she's just about had it with both apple and samsung. she's had sharp words with the korean company's lawyers. apple and intel were the target tuesday, intel objecting to one of samsung's witnesses say he agreed not to disclose certain secrets. judge kuo said she didn't believe anything the lawyers were saying about that. we have more olympians with the u.s. rowing opening the new york stock exchange. dow mildly higher.

inflation does not seem to be a problem. facebook is up 4% ahead of the big lockup that ends tomorrow. that's a bit of a surprise. laura and jon? >> it is. 6:58. christina loren? >> i want to point out how much cooler it will be. finally significant heat relief. we're talking the low 90s. 92 degrees inland, 80 byside, and 68 degrees at the coast. we'll have that seven-day outlook every 15 minutes throughout the "today" show. mike? >> 101 heading into francis, all these incident finally recorded as completely clear. there's your smooth flow. we'll get a look at the golden gate bridge. one factor will be these clouds continuing to descend on the deck. we'll consider it fog in a while. that's what the deal is, no major slowing here. the bay bridge toll plaza, you

do have the metering lights on. otherwise, no major drama. back to you. "today" is just moments ago. >> two best friends injured in the movie theater sheooting. we check in on how they are doing since the day that changed both their lives and saved lives of many others. plus will the presidential campaign be about issues or insubtli insults? carrie underwood is getting ready to rock the plaza as part of today's hot blazing concert series. thank so much for joining us. we'll have the local news update at 7:25. >> and every half hour after that. enjoy the cooler temperatures. see you tomorrow.