>> reporter: closing arguments are set to start this morning in the case of apple versus samsung. this may impact you even if you don't own one of their devices. all the details coming up. >> can you hear me now? oakland police say they found the culprit behind radio glitches, how they are going to deal with the problem. >> ready, set, sail. final preparations under way for the america's cup races as the crews fit their yachts with high tech gadgets. we'll tell you all. >> and a live look, this is downtown san jose. looks like a little overcast skies. a full look at the forecast in a moment on this tuesday, august 21st, this is "today in the bay."

>> 4:31. good morning. very happy you could join us. i'm jon kelley. >> i'm marla tellez in for laura garcia-cannon. let's check the forecast with christina loren. >> good morning. it's going to be hot today. might be why he's bringing it back. 55 in concord, 56 in oakland and a crisp 57 in san jose. we are headed toward another warm day, not as warm as it was yesterday. but i can tell you right now you will need to dress in layers if you're waking up in the east bay. also thick fog out there so travel cautiously. let's check on the drive, not starting on the best note. >> the part i hate about my job, i have to report a deadly accident, it's in the north bay. christina talks about fog. here's the map. this is the north bay, pretty smooth drive. 101 northbound heading away from

highway 37 through novato a deadly accident at the atherton avenue off ramp. the car went into a power pole. the person was declared dead at the scene. until the coroner arrives, pg&e also addressing the power pole but no live wires. we'll track this. a look at the golden gate bridge, you see the fog. back to you. >> tough to report. thanks. >> the legal battle between two tech giants will soon be in the hands of a jury. >> apple and samsung will give their closing arguments in a case that could affect the future of mobile devices. stephanie chuang is live with details and what it means to consumers. good morning. >> reporter: good morning. what the jury decides will affect not just apple and samsung products about tut market for smart phones and tablets especially how they look and work and for any device that

uses google's android operating system. heading into today the ceos of both companies were expected to try to reach a settlement. no word if or when the conversation may have happened. apple claims that samsung copied its iphone and ipad. samsung accuses apple of infringing on some of its patents. no matter what kind of smart phone you own t outcome of the case will likely impact you though probably not the device you own right now. >> nothing's really going to happen. this is a war fought by two titans, and they are not going to get stepped on. no one's going to come in and take the phone. no one's going to stop supporting it. this will get worked out. >> reporter: if both sides cannot reach agreement the jury is set to begin deliberations with a verdict of 36 forms.

jurors can check off if they believe the product in question violates patents. back live, the case is expected to start again i should say at 8:30 this morning. >> oakland police may now know the cause of their radio communication problems. police have complained about dead spots in the $18 million system since it was installed just over a year ago. staffers say at&t's 2good network is interfering with the radio. when officers get too close to cell towers the radio goes dead. >> our channels are very close to their channels that are in the 2ga spectrum. they are bleeding over into our channels. >> at&t says it's taking some 2good frequencies out of service while it looks into the matter. the company turned off 2g at 16 sited and may ask for

additional. at&t does not expect customers to be impacted. santa rosa police dispatch is back on line. officers were unable to answer emergency calls yesterday after a blown circuit board caused a power outage. in minutes staff had rerouted all 911 calls to the sheriff's office a. spokesperson says the circuit board has been replaced and regular service now back up and running. >> police in san jose investigating two more shootings, one of them deadly adding to a violent week in san jose. the first shooting killed a man on poco way at about 6:30 last night. it's the city's 29th homicide of the year. the second shooting happened about 30 minutes later at jackson and luz avenues, also in east san jose. that victim expected to survive. no word whether the shootings are connected. >> bay area laurmt agencies may have found a way for people to avoid being the next victim of a

craigslist robbery. the sheriff's department is encouraging craiglist users to use their lobby for transactions. the move comes in response to several recent holdups. one victim who tried to sell a book was instead robbed at gunpoint by the buyer. craigslist users we talked to say they welcome this idea. >> it's a great idea. hey, i'll meet you in front of whatever police department and if someone has not very good intentions i think they probably would not show up. >> a number of police departments in san jose and santa clara are offering their lobbies for craigslist transactions. >> motions begin in a san francisco murder that happened nearly 30 years ago. nicolas crumbley was found dead back in november 1983. dna samples were taken from the body but the case went unsolved.

investigators reopened the case which led them to 47-year-old william payne. payne charged with murder and held on $5 million bail. >> federal investigators looking into the cause of richmond's refinery fire have released dramatic new photos. take a look. the images were captured by a freelance photographer who happened to be standing at pier 9 in san francisco the moment the pipe line at the refinery ruptured. you can see the vapor cloud hundreds of feet into the air. investigators say that vapor could have killed dozens of employee they had not evacuated. >> that's what makes this a serious situation. this type of cloud, the size of this cloud, people working in a refinery, shouldn't be happening. >> the u.s. chemical safety board says it has not received a close look at the problem pipe. it's too dangerous.

chevron release add statement on the heels of the photos. it reads it's premature to comment on the composition of the white cloud. rather than speculate we intend to rely upon carefully considered expert analysis. we will have more information in the coming weeks. >> the time 4:38. let's check back in with meteorologist christina loren. some low hanging clouds, a crisp start. >> it's going to be a beautiful start to the day and really, kind of mild in terms of where we could be. it is, after all, the very end of august. we're now at the 21st of the month. and as a result temperatures could be in the triple digits but no, today we're talking 79, 79 in san jose. 57 degrees to start you out. 55 in livermore. at 60 degrees in sunnyvale. good morning to you. as you make your way out you want to be ready for the two parts of the day, a crisp start as jon pointed out. then on the hot side, temperatures close to 90 degrees. but we expect the fog to be

thicker this morning so you want to give yourself plenty of extra time. you might find drizzle on your windshield. wednesday b 3 to 5 degrees cooler with an even thicker marine layer on the way. we'll take you through the forecast. the highs work out like this. 79 san jose, 65 in san francisco and 79 in san rafael. your full forecast, seven-day outlook a few moments away. first, here is mike with a serious problem in the north bay. >> this deadly accident through northbound 101, a car went into a power pole. one of the two northbound lanes are blocked. allow extra minutes to slow down as you need to through the area. we'll continue to track that unfortunate situation through the north bay. we're looking at constructionç coming north through san rafael. a live look shows you what traffic and volume is like in the northbound direction through the zone. sir francis drake and the

sigalert. very light volume. that's reason for the light impact on your traffic. a live look at the bay bridge, many more lights down the east shore freeway and no metering lights, easy drive both directions. one other issue in the east bay as far as closures, this is off of eastbound 580 onto 680. both heading to southbound 680 will be affected for the time being. if that is the case, if your ramp is closed, loop back after passing that exit, take you from the opposite direction and you should be fine. back to you. >> thank you. the america's cup building momentum sailing into san francisco today. there is some new technology. you'll see a lot of high tech gadgets, one a camera on every boat. to deal with that summer fog the bay area is famous for, each of the votes will have windshield

wipers with gps signals will better position the graphics. we'll see that 0 on the scene. the racing starts today and bob redell will have a live report at 5:00. >> should be fun. 4:41. still ahead on "today in the bay." >> said was ill-conceived and wrong and for that i apologize. >>todd akin back pedaling. how he explains the misstep. >> the fight over julien assange. >> first, a plan for animal cruelty. a sudden shutdone.

>> welcome back. here is a live look, this is san francisco completely socked in with fog. we'll get a look at the forecast with christina. it's 4:44. >> federal regulators shut down a central california slaughter house after receiving undercover video showing cows being shocked and shot before being butchered.

allegedly took place at the central valley meat company in hanford. the usda received hours of videotape from an animal welfare group that claims its investigator was employed by the slaughter house and made the video over a two-week period in june. executives from the meat company say they have not seen the video and are not commenting on the allegations. >> a missouri senate candidate who is strange comments set off a fire storm is in serious damage control. >> let me be clear, rape is never legitimate, it's an evil act that's committed by violent predators. i used the wrong words in the wrong way, what i said was ill-conceived and it was wrong. and for that i apologize. >> akin did back pedaling monday after commenting in a sunday interview that women have biological defenses to prevent pregnancy in case of legitimate

rape making abortion unnecessary. republicans are urging him to quit the race. akin says he is continuing. >> best buy, barnes and noble and dell, three companies that could help move the markets today. for that and the rest of the news before the bell we turn to jackie deangelis. good morning. >> good morning to you. the futures are pointing to a slightly higher open on wall street. that's good news after stocks pared losses but ended lower. the dow continuing closing in the red on 15 of the past 17 mondays. investors will watch for tomorrow's release of minutes from the fed meeting. and today we're going to get earnings from best buy, barnes and noble and dell. the dow closed at 13,271, the nasdaq slipping to 3,076. appleç is now the most valuabl

company passing microsoft in 1999. if you adjust for inflation microsoft a little higher. fueling the gains, speculation over the new iphone expected next month. apple shares closed at $664.15 on monday, giving at market cap of $623.5 billion. what can you buy for one share of apple? steve jobs gift set includes a black mock turtleneck, a pair of new balance running shoes, an iphone and the beatles anthology box, i still think you want to own a share of the stock. back over to you zbrxt i happen to agree with you. thanks so much. >> 4:47. meteorologist christina loren is back with us to talk about a foggy start. >> let's talk about what you're wearing first. it's a fantastic selection for

the weather. gentlemen, take note. it's going to be a little hot inland so you've got it right. >> compliments and forecast. >> not as beautiful as you look today. can't wait to see what he pulls out tomorrow. thanks for waking up with us. he does have it right on. you don't want to get too hot. even san jose in the heat of the day a little too hot making you uncomfortable, loosening up that tie. so keep that in mind. it's going to feel comfortable at the coast, at least for the first part of the day. as you know, preliminary races when it comes to the america's cup. we'll dive into that forecast. really has a lot to do with how the motion of the bay works as opposed to the motion in the ocean, so we're going to talk about that coming up. very different in how the waves move around. low pressure on the way in the bay area through the next 48 hours that's going to usher in a deep marine layer and thick a.m. fog, that goes for tomorrow and thursday as well so. we're going to drop temperatures

each day, 70s and 80s, san jose, 79 degrees today. not too shabby, not too hot. even not too cool in san francisco. 65 in the heat of the day. we're going to heat you up a touch and drop you back off through friday into saturday. holding on to season averages all the way through next week. back to you. >> thanks. 4:49. ecuadorian president korrea is warning not to enter the embassy in london. he says the uk risks destroying all diplomatic ties if it does. last week ecuador granted asylum to julien assange, facing extradition over sexual assault claims he denies. the dispute escalated when britain suggested it could invoke a little lone law to strip ecuador's embassy of

privileges that would allow police to detain assange. >> there are new questions in the sudden death of tony scott. investigators say that the 68-year-old jumped from a bridge at the port of los angeles sunday. it's not determined if he had health problems. family members, they are denying media reports he suffered from inoperable brain cancer and that's why he committed suicide. scott directed several movies including "top gun." >> the autopsy of junior seau is complete but providing few answerses to what drove him to commit suicide. the examiner says that the linebacker had no alcohol or illegal drugs in his system. an initial examination of his brain shows no apparent damage from his years of football. his girlfriend found him dead at his oceanside home with a gunshot wound to his chest. there was no suicide note.

>> all we can say is do not count them out. talking about the little leaguers from petaluma. last night a huge victory. we'll show you what happened next. >> not so dramatic bought victory, 880, i'm still following that significant alert in the north bay coming up.

>> welcome back everybody. we give you a live look over san jose early morning, lights glisenning there. going to be a nice week ahead. go out and enjoy. 4:54. ready for baseball? >> absolutely. >> petaluma's little league team is alive and takes on connecticut. last night they advanced thanks to this sweet swing of that guy, 12-year-old danny marzo, he steps up with a walk-off homer and led the boys to a 5-4 extra innings victory. that was against new jersey. the team plays again, petaluma will shut down to watch their hometown guys. big party. hundreds gathering to watch all of the live action. >> it was cool when he hit the home run. >> you feel the emotions of the kids, watching their parents, just what they put into it and

how they handle the pressure. we're really proud of them. >> like watching little guys. like when i grow up i want to be like the little league guys. >> a magical performance, the pitcher from connecticut actually threw a no-hitter yesterday so it's going to be tough. today's game at 5:00. >> i know what i'm doing. >> popcorn, chips. >> i was happy to see one of the moms had p-town t-shirt. >> let's talk about the hood, the bay area. >> we'll look to the south bay. this is the area where i was born and raised. a live look at our freeway shows you 101, light volume so no major slowing. i want to take to you the maps to show you further north. the east bay and the maze. top of the screen looking at westbound 80 and speeds toward

60. not a concern. heading through berkry and emeryville. on the peninsula side construction on 101, approaching 101 off of the bay bridge as well as 280. but that barricade shows up. that means they closed and off ramp. there were barrels that had to be repaired. that may be what's going on. i don't see that yet. to the north bay this has been in the report, the continuing saga at the deadly accident that we have. car went into a power pole and we still have one of your two lanes blocked. flowing fluctuates so allow for the slowing and we'll track that. >> we showed you the p-town guys, petaluma getting down with some big leaguers are cheering on the big leaguers of tomorrow.

>> the oakland a's outfielder jonny gomes inspired his teammates to get in on the action and he got a pie in the face for his efforts. gomes yes, he is from petaluma and played a big part in getting the families to williamsport, pennsylvania. probably the first pre-game pie in the history of the game. >> still ahead on "today in the bay," two tech giants getting in final words 18 patent lawsuit. and the outcome will set a huge president for smart phones and everywhere. we'll explain. >> fast food really fast. what we learned.

>> reporter: new this morning, oakland police say that when it's crunch time their pol