scientists to come up with a verdict? the complicated paperwork that could complicate a decision. >> dairy cows shocked and shot before slaughter. the animal abuse investigation that's shut down a company. >> and communication crash. we now know what's behind the police radio meltdown in the east bay. >> and you can keep your summer wardrobe handy all week long. temperatures look like they will be in the 80s inland, 70s bay side, 60s at the coast. we have drizzle out there and whipping winds later. we'll talk it over in your full forecast. >> as i track the deadly accident in the north bay the latest changes affecting folks on highway 101. coming up. >> give you a live look, this is downtown san jose as it begins to wake up on this tuesday, august 21st, this is "today in the bay." >> good morning.

thanks for waking up with us. it's 6:00. i'm marla tellez in for laura garcia-cannon. >> i'm jon kelley. we're talking a lot about it. an epic battle between two tech titans coming to a close. now a jury will decide one of the biggest technology disputes. >> we have team coverage pitting samsung against apple. scott mcgrew takes a look at the potential ripple effect but we begin first with stephanie chuang live in front of the federal court house in san jose where closing arguments are just hours away. good morning. >> reporter: good morning to you both. there was a last ditch attempt to resolve this without getting to a jury. the judge had asked the ceos of both companies to try to come up with a resolution. they did talk yesterday late afternoon but those talks failed. so this indeed will be up to a jury to decide the outcome of this case. apple claims that samsung copied

its ipon and ipad and is seeking $2.5 billion in damages and injunction that would bar samsung from selling the galaxy smart phone. samsung accused apple of infringing on its patents. this case tests the limits of what a patent can cover, adding that this will be good for consumers ultimately. >> determine what companies have to work around with each other, then we'll see a reduction of price, significantly, and we'll see more features at a faster rate. >> reporter: if judge is set to read 100 pages ever instructions and begin dplixs likely tomorrow with a 22-page verdict form that has 36 main questions that the jurors must decide. they are facing more than 700 individual questions because there are so many products and companies involved in this.

both sides of the case will be able to get two hours to present their closing arguments. that's set to start at 8:30. now we're going to send it over to scott mcgrew. scott, i know you sat in on much of this witness testimony. the jurors have a huge task ahead. >> i've got that jury form or an exam of it here. put yourself in their place for a second. this one asks for each of the following products, has apple proven a preponderance of the evidence that samsung infringed on claim 19 ever the 381 patent. then there is a list of cell phones so. the jury has to see if it captivates in the jury room. they have a cell phone there that says yes or no, it doesn't and check the box. then the next cell phone and the next cell phone. and on and on. and they have got to do this over and over. that's just page one. then they have to decide about the 1 t 915 and as you know, the 163 patent. go down the list again, yes, no, yes, no.

and then off to the next page and so on. then they have to come up with damages. these are just regular people so it's going to be a terrible job. this is why the judge in the case has asked over and over that the lawyers just settle. she has pretty much demanded it but not gotten it. >> how did you know i know patent 163 so well? >> one of your favorites. >> thank you, scott. >> keep your i-on 212. >> thanks. 6:04. we now know what's causing glitches in oakland's police radio system. that system is a life line for officers responding to emergencies. christie smith is live in oakland where city leaders blame at&t. christie, good morning. >> reporter: good morning to you. oakland police officers have complained about this for some time. and for good reason. they had a hard time communicating with each other. now the city is saying that they figured out what the problem is and that it's interference from the cell phone tower.

at&t has temporarily disabled the antennas on 16 of the towers while the problem is permanently fixed. it's a headache for patrol officers on the street, the $18 million system has been troubled from the start. they had poor reception and bad audio. you may recall the night president obama visited in july radios went down though he was actually gone at the time. he had left town. oakland says at&t's 2g networks are interfering with the radios when officers get too close to some of the towers, the radios go dead. 16 towers as i said are impacted in oakland but not done looking. >> identify all of the sites in the city of oakland as well as our jurisdictions so san lee annio, berkeley, city of san francisco even with the bay bridge. >> reporter: at&t is working with the city. they released a statement saying in the interest of public safety

and as a cautionary measure we have temporarily taken some 2g frequencies out of service at some cell sites in oakland. at&t said it's still running 3g and 4g service and the shutdown should have a limited impact on its customers. reporting live in oakland, christie smith, "today in the bay." >> san jose police investigating two more shootings, one of them deadly adding to an extremely olent trend in san jose. the first shooting killed a man on poco way in east san jose around 6:30 last night. that's near king and story road. it's the 29th homicide of the year. the second shooting happened about 30 minutes later at jackson and luz avenues. that's also in east san jose, that victim expected to survive. no word whether the shootings are connected. >> federal regulators shut down a central california slaughter house after receiving undercover video showing dairy cows being

shocked and shot before getting slaughtered. it allegedly took place at the central valley meat company south of fresno. the usda received hours of videotape from an animal welfare group. it claims its undercover investigator was employed by the slaughter house and made the video over a two-week period. investigators from the meat company say they have not seen the video and are not commenting on allegations. >> happening right now, a massive wild fire raging this morning as firefighters battle high winds and dry conditions. the fast-moving wild fire started on saturday, sparked by lightning. it's now burned more than 23 square miles and destroyed seven homes. the fire is threatening 3500 homes and forced thousands o residents to evacuate. dozens of roads have been closed, causing confusion for many that are trying to leave

the area. the national guard stepping in to try to help firefighters as they battle several massive wild fires in idaho. firefighters say thunderstorms and all of the gusty winds throughout today could fuel three of idaho's biggest wild fires which have burned more than 140 square miles. the national guard is bringing in several helicopters, it will help with the evacuation homes in foreclosures may contribute to west nile virus cases because an empty home means stagnant pools and a breeding ground for mosquitoes. legally they are not allowed to clean the pools. all they can do is treat them which is only a temporary solution. a southern california woman says she contracted west nile after being bitten bay mosquito that came from a neighboring foreclosed home. >> california's farm workers may be on the verge of getting overtime pay protection, the senate passing a bill to give

farm laborers overtime for work more than eight hour as day or more than 40 hour as week. it is heading to the governor's desk. under existing law farm workers receive overtime pay only if they work more than 10 hours a day or 60 hours a week. >> good morning. it's 6:09. let's check the forecast. meteorologist christina loren, you say seasonal temperatures. >> yes. it's going to be nice. it depends on where you live because we have so many micro climates around the bay area. and the weather inland is going to be different than what we expect right here in san francisco. so, let's start in the golden gate bridge. you can see we still have pretty good visibility at the surface, there are low clouds out there. and they are thick. so, let's get to san jose now. and show you just as thick when it comes to low clouds. moving along, temperatures are in the 50s, 55 in fairfield. 55 degrees in livermore. when it comes to the low clouds this is what we expect. between now and about 11:00 they will start to push back out to

sea. but we're still going to see a fair amount of cloud cover hugging the coastline at that point. look at what happens. we continue the future cast, stop it again for you. at about with 4:00 p.m. the low clouds roll back into the city. so you're not going to get a lot of sunshine. you want to keep that in mind. still not too bad. temperatures in the upper 80s at 4:00 inland. bay side 76 and at the coast 65 degrees. we'll have the seven-day forecast coming up first here's mike and your drive. >> in the area where we might have some of the fog in the north bay, this is south of where we see that in santa rosa. this is novato where we're tracking a sigalert better news, all lanes are cleared in the northbound direction, southbound never had lanes blocked but look at that, we see slowing because that is your commute direction. we'll follow the flow for 37 showing slowdown in both directions just east of 101 at the interchange. we're following your flow as well as we travel over to the east bay. look at these northbound routes.

we'll show you what things are like. southbound as the sun starts to build the volume. that's the commute direction. now through san rafael over the next half hour. the cash lanes are backing up. back to you. >> thanks. 6:11. did you bring your binoculars? >> always got them. >> you better grab them. we'll tell i why there has never been a better time to go whale watching in the south bay. >> reporter: and fortunately you're not going to need your binoculars if you want to see sail boat racing. we're taking you to san francisco for a preview of this week's america's cup world series racing taking place off the shore. hmm, it says here that cheerios helps lower cholesterol as part of a heart healthy diet. that's true.

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>> new this morning a tragic scene to tell you about and show

you, train cars tipped off the tracks in a deadly train crash outside of baltimore, maryland. the 80-car train carrying coal derailed in downtown ellicott city, killing at least two people there. the cause of this train crash remains under investigation. >> if you are just waking up with us a quick look at the top stories. patent showdown, closing arguments will be held today in the courtroom battle between apple and samsung. apple accusing am sung of ripping off its technology demanding samsung pay $2.5 billion and pull its smart phones and tablets off the market. >> a slaughter house scandal. the feds shut down the central valley meat company over allegations that dairy cows were shocked and shot before being slaughtered. >> communication crash, the city of oakland says at&t's 2g network is interfering with the police radio network. the the city says officer's

radios go dead. at&t has taken some 2g sites out of service to deal with this problem. >> 6:15 now. there is no better time than now to go whale watching in california. people are flocking to monterey bay to catch a glimpse. there is a sharp increase in whales feeding near california shores because of an explosion of crill, their favorite food. >> beautiful. an eight-decade tradition of being men's only coming to an end at a golf club. for 80 years augusta national, site of the masters, allowed only men as members. on monday the club announcing it's invited two women to join. former secretary of state condoleezza rice and darla moore both have accepted. this fall they will be the first women to don the iconic green

jacket reserved for members and for champions. >> the question right now is what about ibm chief virginia rometty. news outlets picking it up. during the masters augusta traditionally gives members to each ceo of ibm. now, the company is a corporate partner of that exclusive course but as far as we know rometty has not been given a green jacket just yet. >> apple waits for the end of its patent trial it gets to celebrate a moment. it's the biggest company in the united states ever. >> wow. scott mcgrew, assuming that's if you ignore inflation. >> right. inflation is the big part. apple now, jon, the most valuable company by market capitalization. number of shares out in the world times the value of every share. if you do the math, apple is worth $623 billion, that's more than the $616 billion microsoft

was worth in 1999 just before the dotcom bust. if you do use 2012 dollars as jon points out microsoft was really worth about $850 billion back in the day. remember last week we talked about the end of the facebook lockup where early investors could sell share they wanted. we get a better picture. one of the sellers is this man on the left, peter teal, made his first billion founding paypal. he sold 20 million shares of facebook leaving him about 5 million shares. jetblue has been fined $90,000 for what it didn't tell passengers. earlier this year people on the way to san francisco from new york were delayed for hours at the gate at jfk. under new federal rules, if the delay lasts more than 90 minutes they are supposed to tell you you can leave the plane if you want and then repeat that

message every 30 minutes there after. the rules are part of the passengers' bill of rights put in place because of an incident a few years ago when an ice storm left people stuck aboard jeet blue planes for nearly the whole day. >> that is brutal. >> thank you. >> the forecast does not sound awful. >> you might get stuck at sfo this morning. we have low ceilings and flight delays forp a factor yesterday so that could be a case yet again today. good morning. i want to thank you for waking up with us on this tuesday morning. let's take you outside starting in lovely san rafael this morning. just gorgeous out there. we have the low clouds, even getting a little bit of a break flew the clouds. and you're seeing the sun come up. official sun rise is around 6:30. let's go ahead and show you the contrast here, this is san jose. and very overcast here, gray skies to start.

that means a nice comfortable august afternoon. so temperatures work out like this. we're in the 50s to start. 57 in san jose, cool up in novato, at 52 degrees, at 53 degrees this morning. up in santa rosa. so winds will become a factor later today. i want to stop the clock on future cast. the greens and the yellows, the stronger winds starting to pick up at 10:00 a.m. at the coast. then we progress that future cast at 3:00 getting even more blustery. so keep that in mind it's going to be windy but on the good side of that we've got america's cup world series event taking place in the san francisco bay. and those winds are going to make it interesting, coming out of the west-southwest at 15 to 30 miles sustained. as i said they will increase. our own bob redell is live, we're going t get a live report from him talking to some of the saylers, the best sailors, the

fastest boats. 79 in san jose. and your temperatures hover in mid-80s just about every day all the way through this weekend. so we don't have any stark changes. it's going to be comfortable. let's check your drive. >> getting more crowded across the bay bridge. the metering lights are on. the backup to the berkeley curve. slow up the incline. it's eastbound 80 that you're heading away from the bridge and toward the richmond/san rafael bridge, a fender bender, caution as you head to the area. and westbound you see speed down below 50 into berkeley and university avenue. on the north bay side, we're looking at slowing in through. the sigalert has cleared from 101. southbound the commute direction kicking in, made worse by an

accident. there is a land fill access road there. a quick look at palo alto. no slowing through the area. a smooth drive. back to you. >> all right, mike, thanks so much. >> ready to go. >> i'm on deck. >> coming up, the little leaguers, big league fans. how the ok land a's. >> what in the world is going on here? take a look at this.

>> welcome back everybody. i'm not sure this is officially how they say it in sailing but ready, set, sail. >> the america's cup world series kicks off in san francisco with a series of practice races today. bob redell is live with why today could be a difficult day on the water. you freezing out there? >> reporter: not yet. good morning to you. jon, you are a true sailor. the boats out there, you see the ships out there, slightly smaller. at-45. 45-foot catamaran. the sailors hope for wet weather as you were saying, windy weather which is great for them, not so much for us which is why

we have joanna is here. what do you recommend? >> we've got great performance jackets. sailing for five years now so these will keep you dry. you can see i've had mine on since early this morning. >> you were sopping wet. >> it was freezing. no, i was dry. these are the great boots we've got. >> compared to what the sailors are wearing this is different. this is for the lay person, what do they wear? >> this is for the people that want to do off-shore sailing. the sailors are different, they are more athletic, very light weight. >> not something you are going to find in a run-of-the-mill store. >> no. who is the guy wearing this? >> if you look behind you we've got -- >> i want to see his head. >> i know. >> we haven't found him. >> stay dry. tim is with the america's cup

and the world series which is season two leading up to next summer t america's cup itself. what can the fan expect to see this week? the competition on the water. >> they get a lot of racing and excitement so we have 11 crews here, eight teams from eight nation, and we like to say we've got the best sailors in the world. and out here in san francisco bay, drama is guaranteed. >> love your access. texas? >> yes. >> appreciate. we're here at the america's cup village. it opens at 4:30 and opening up at 10:00 every morning there after. so practice out on the bay around 2:00, this afternoon, and the competition of course starting tomorrow through the weekend. reporting live, bob redell, "today in the bay." >> thank you, bob. a little league team from petaluma is still alive in the world series. >> you are pumped up. that win is inspiring a role

reversal. check this out. a tweet from inside the oakland a's, jonny gomes got a pie in his face from his team after petaluma won, his hometown. gomes says he jumped up and hollered when the team clinched the victory. he helped families get out to pennsylvania to watch the game. >> good for him. >> plenty of ways to protect your face from the hot summer sun. sun screen or maybe a wide brimmed hat. >> how about this trend in china, taking skin protection to a new level. they call it the face-kini. it protects your face and neck from the sun's rays. >> i don't know about you but probably safe but not real sexy. 6:27. coming up how about running interference. we know what's behind the communication crash. [ male announcer ] the magic of nature appears every day,

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>> we now know what went wrong, a glitch in the frequency that frequently left opd in the dark. >> cracking down on craigslist crime. the simple solution to try to keep you safe. >> and how about a live look, this is the golden gate bridge toll plaza. pretty nice on this tuesday, august 21st, this is "today in the bay." >> good tuesday morning everybody. happy you could join us. i'm jon kelley. >> i'm marla tellez in for laura garcia-cannon. a major problem solved in oakland. we nowç know what's been causi major glitches in the city's multi-million-dollar police radio system. christie smith is live in oakland. the city is pointing its finger at at&t. good morning. >> reporter: good morning to you, marla. that's right. this has been a real issue for oakland police officers.

one officer told us he was involved in an incident, he called dispatch but couldn't hear who was speaking so he didn't know if any one was coming out to help him. after a year of complaints like this t city of oakland thinks that they nailed down the problem, that it's interference from at&t cell phone towers. it's causing the spotty service from oakland's $18 million communication system, that after all we're hearing that it doesn't work 18 lot of buildings including the basement at police headquarters. it went down on the night that president obama visited oakland in july though he had already left town at the time. oakland says at&t's 2g network when officers are too close to the towers, the radios die. >> very, very close to their channels that are in the 2g spectrum and it's just bleeding over into our channels.

>> reporter: at&t is cooperating and released this statement, saying in the interest of public safety as a cautionary measure while we're looking into the matter we have temporarily taken some 2g frequencies out of service at some cell sites in oakland. 3g and 4g service are still running and should have limited impact on customers. reporting live, christie smith "today in the bay." >> oakland is not the only bay area city dealing with glitches. santa rosa says 911 service is now up and running normally. this after some calls went enanswered. a blown circuit board caused -- it happened in the morning. calls were rerouted to the sheriff's office until the issue was fixed. >> 6:32 now. pretrial motions beginning this morning in a san francisco murder that happened nearly 30 years ago. nicholas crumbley was found dead

in san francisco wack in november of 1983. dna samples were taken but the case at that point was uninvolved and went that way for decad decades. investigators reopened the case which led them to william payne after his dna matched. he is being held on $5 million bail. >> bay area law enforcement agencies may have found one way for people to avoid becoming the next victim of a craigslist robbery. the santa clara county's sheriff's department is using craigslist users to use their lobby for transactions, the move in response to several recent hold holdups. one victim was robbed at gunpoint by the buyer. users we talk to say they welcome this idea. >> great, i'll be in the front of whatever police department.

i think they would probably not show up. >> a comer of police departments are also offering their lobbies. >> federal investigators looking into the cause of a fire released photos t images were captured by a freelance photograph here was at pier 9 the moment that pipeline, refinery pup tured. you can see all of that vapor in clouds. vapor could have killed dozens of employees if they had not evacuated. >> that's what makes this a serious situation, this type of cloud enveloping people working. it couldn't be happening. >> they have not got an good close at the type, it's too dangerous. 7 ron releasing its own

statement. it is premature to comment on the composition of the white cloud rather than speculate we intend to rely on expert analysis. we'll have more information in the coming weeks. >> a look at today's forecast. >> good morning to you. i wanted to start with this live look, a forgeous look over sunol. where the low clouds have spanned all the way inland. we have clouds that you can see. moving with the naked eye. so cool weather out there. san jose now where we're mostly cloudy. you can see the clouds, a solid gray sky. overcast conditions but a nice comfortable afternoon. temperatures are in the 50s. 55 in san francisco. we hold you probably going to see some flight delays so fake sure you plan ahead.

we should see that lifted by about noon as the fog burns off. 60 in sunnyvale. it works like this. 78 degrees at noon, up to 76 degrees in the heat of the day. at 4:00 inland around 89 so. we'll have your full forecast coming up. the 7-day is ready to go. here's mike. >> to the south bay we have a typical pattern. this is a little lighter than we often see. san jose schools are back in session for the most part as well as marin county. more folks means a change to the drive in to work. 101 to capital with the airport, a lot of headlights, things bog down from time to time. southbound, look how few of those taillights are on. a lot of head lates back to here

baking its way. back to you guys. >> 6:36. still ahead on the move on mars. >> plus, gay pride. the next 100 years. how a russian judge managed to ban pride parades for the next century. >> a live look outside in sunol. some clouds out. where are we at? san rafael. i'mç making stuff up here. not sunol, san rafael. beautiful day outs. fer in minutes. okay, here's the plan.

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>> 6:40. new this morning we're getting word that endurance swimmer diana nyad has abandoned her attempt to swim from cuba to florida. the 62-year-old had to be pulled onto a support board this morning after running into jellyfish and storms. the swimmer has been swimming without a shark protection cage. this is her third attempt to complete the 100-plus mile journey. she turns 63 tomorrow. happy birthday to her. >> indeed. international news, a moscow court refusing to let activists hold a gay pride parade now or in the next 100 years. gay rights activists asking to have rallies for the next century.

the court denied it saying it would be extremely unsafe. activists say they will hold gay pride events despite the ruling. >> the mars rover curiosity could make moves on the red planet today. the robot is street make its first test drive. nasa scientists want to drive the rover forward, have it turn and move it backward. curiosity landed on mars earlier this month. >> cool watching all of this. generating more interest in nasa. coming up, a brazen attack at a military base in afghanistan. the rocket launch targeted at a u.s. army general. >> patent showdown. does the jury in a tech courtroom dispute need a ph.d. to sift through the verdict form? the paperwork that might blow your mind. [ male announcer ] stop & go traffic. you can't always avoid it. but you can always do something nice for your car. chevron with techron.

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>> this morning one of the biggest tech disputes in history comes to a close in a south bay courtroom but the debate over who wins the patent showdown is only beginning. right now we continue our team coverage of apple versus samsung, business and tech reporter scott mcgrew covers how the case will affect silicon valley. we begin with stephanie chuang at the court house in san jose where closing arguments are hours away. good morning. >> reporter: marla, good morning. the judge in this case has expressed concern before about how a jury would get through such complicated material so asked the companies to try and talk and resolve this before it hits the jury. they spoke yesterday but those talks failed. it is up to the nine jurors, seven men, two women, to decide.

apple accused samsung of infringing on its patents on 20 devices, more than 20. apple is seeking $2.5 billion in damages. samsung countersued for 400 million accusing apple of infringing on some of its patents but no matter what kind of smart phone you own, experts say the outcome of this case will likely impact you though probably not the device you own right now. >> nothing is really going to happen. this is a war being 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 is going to stop supporting it. >> reporter: both sides get two hours for closing arguments set to start at 8:30 and then the judge will rejury instructions, the jury then has the verdict form, 36 main questions but facing 700 individual questions because there are so many

products and companies involved. jurors likely to start tomorrow. and for in depth perspective on this, our expert scott mcgrew. and scott, a tough enough job for experts let alone the nine people. >> you mentioned the jury form. we have it here or an example of. this one asks, can you imagine, for each of the following products apple has proven -- has apple proven a preponderance of evidence that samsung electronics infringed on pattern 19 of the 381 patent. remember, the jurors know what that means because they have been sitting there for so long listening. then there is a list of cell phones, they have to take each sell phone and they will have one in the jury room, say yes, it does or no, it doesn't. then they go on to the next cell phone and the next one. that's just the first page. then we have to ask ourselves

about patent 381 and 163. the jury made up of 12 very intelligent people have all got to agree, jon and marla, about whether this cell phone or that cell phone makes the violation, and then on top of that, how much it's worth. how much should apple pay samsung or in the case it is a reverse patent case, samsung should pay apple. it is going to be a tough long and frankly, kind of boring couple of days in that jury room. >> they are going from civilians to experts. just like that. >> i'm trying to figure out how to get thing to talk to me. >> wake up. >> have i the wrong model. you said it's going to be a windy day. that will be perfect for sailing. >> phenomenal. you can probably take that unit of yours and watch that action when it comes to the world series. they are going to stream it live. the world series, you know what we're talking about, the america's cup. best sailors, fastest boats in

all the world here in the bay area. and of course nbc bay area proud to be the home of that race next summer. let's take it live now and show you how good we're looking. phenomenal this morning in sunol. doesn't usually look this pretty in sunol. you take the cake today. temperatures are going to be phenomenal later on compare to where they have been. we're talking triple digits last week. today maybe 89 degrees in the hottest cities. so we have significantly dropped off. now that we hit our seasonal averages we're going to hold onto them. starting now in san jose, a full deck of clouds will burn off by about 10:00. let's get to your temperatures. 53 in santa rosa, 56 good morning up in wine country to you in napa, 55 in livermore, 57 degrees in san jose. it all works like this for today. winds play more of a factor than yesterday. we stop the clock, first i want to point out on the key where you get the blues and yellows, the stronger winds as you see

the yellow and green, that's what we expect at about 10:00 a.m. gusty conditions along the coastline. it's 3:00 p.m. it's going to be even more on the blustery side. we don't want wind when it comes to a day on the bay. today we want it because it's going to make for world series racing, world class action here in san francisco. 60 degrees at noon. look what they expect on the bay. wind out of the west-southwest at 15 to 30 miles per hour, getting gusts up to 45 miles per hour from time to time. it's going to be choppy making it all that much more exciting. 79 in san jose, and it's really exciting too when you think about it hike this. you can make outdoor plans inland this weekend. in mid-80s friday, saturday, sunday. not too hot, not too cold even by the ocean, comfortable conditions. here's mike and your drive. >> the north bay, a lot of problems in the novato area into

novato told you about the earlier accident around. no way n stead of clear we mean four cars are blocking the roadway. two lanes blocked again reported around the novato dump. four cars involved doesn't sound like major injuries but major slowing into novato. so that will be an issue. petaluma little league fighting for the world series. a smooth drive to the bay bridge. looks like things are off to the shoulder but slowing out of hercules to san pablo avenue. slow through berkeley and emeryville. a smooth drive, now the upper deck has moved out after the earlier disabled vehicle. slowing off the castro valley "y." south on 880 down to the san mateo bridge.

a look at the peninsula side. folks coming through the haze, visibility is fine for the drivers. not agreed for our view. the east bay, our fremont shot looking past the truck scales, that's where the slowing is. back to you. >> thank you. new this morning a rocket fired into a u.s. base has damaged the plane of a top u.s. official. insurgents launched the attack at the bagram air base. u.s. army general martin dempsey was not near the plane when the rocket hit. the army general was visiting to talk about the state of the war after a spring of disturbing killings. among the american military trainers killed is south bay native matthew. the graduate of st. francis high

school was killed august 10th by an insurgent. a funeral was held on saturday. >> now decision 2012 and the campaign trail the moving west. the romney campaign will try to put a cover aside. the president gets back on the stump. president obama trying to draw a stark line on women's issues. he weighed in on todd akin's controversial comments this weekend that a legitimate rape rarely results in pregnancy which put the abortion debate back in the forefront. >> what i think these comments do underscore is why we shouldn't have a bunch of politicians, a majority of whom are men, making health care kegses on behalf of women. >> in an interview, trying to

distance himself from the comments he called them deeply offensive. for akin. this morning he is in some serious damage control mode. >> let me be clear, rape is never legitimate, it's an evil act commit bid violent predators, i used the wrong words in the wrong way. what i said was ill-conceived and wrong and for that i apologi apologize. >> akin attempting to do some back pedaling on monday after commenting in a sunday interview that women have biological defenses to prevent pregnancy in case of legitimate rape making abortions unnecessary. akin says he is continuing his campaign. >> a communication crash, oakland police may know the cause of their radio communication problems. christie smith is live in oakland with at&t's possible

role in this. good morning. >> reporter: good morning to you. the city of oakland has been looking into this and say they nailed down the problem, it's interference from at&t cell towers. sigh say you put a patrol car within a mile of these and the cell over powers the police radio. that's why officers are complaining about the $18 million system. oakland says it's at&t's 2g network and it's led to close calls. >> chasing a crash, he called in a car accident and the suspect and fought officers and the offer got on the radio, inform dispatch. he was transmitting but he couldn't hear. >> at&t released a statement. we have taken some 2g

frequencies out of service at some sites in oakland, that it should have no impact on 3g and 4g service and it should have a minimal impact on their customers. live in oakland, "today in the bay." >> just announced mineta san jose international airport will again have nonstop service from the silicon valley to tokyo's narita airport. ana airlines will begin service january 11, 2013 and will use the new boeing 787 dream heiner service. it will depart and arrive at tokyo in the afternoon. the service will start with five flights per week excludeing tuesdays and thursday. american airlines continue its san jose-tokyo route four years ago. >> a challenging job with races for the america's cup. bob is live at the marina green

where he spoke with a sailor about today's events. good morning. >> reporter: good morning. i don't know if you can tell, we've got the mist and a breeze which is going to be great for sailors. the america's cup is coming here next summer into san francisco. i don't know if you realize, i didn't till now, the america's cup is well over 150 years old. we're at the wind and wings exhibit here on marina green. this is kind of a history of the event. good morning to you. great. people should know, the next swoon going to be catamarans, what are those like compared to the cat? >> they are a slow boat but very difficult to pail. in the 1930s, even before.

no winch, so had to pull the copes with hand. i've seen the volume of these so we wanted to show to the public what was the story from the beginning. >> you like this because of that, correct? this is a race in 1937, 34. and this was prerace but they had to live on the boat? >> you can't see the banks. they were well treated. you can see the heat are here. so we try to show the public was america over the years. >> thank you. appreciate it getting up early. it has changed, they about have catamarans, now they are bringing them ac.

this week for the world series the ac-45, they will be moored out here with what we can expect this week. >> right out here off marina green. you'll be able to hear the guys speaking. >> or yelling hey, you're getting too close. >> you will be able to see racing 100 feet off the beach here. so for the fans they couldn't get closer. >> thank you. the america's cup village opens later at 4:00, then 10:00. around 2:00 and the bay is a perfect theater for this event. reporting live, bob redell, "today in the bay." >> lots to soak up on the bay. >> a lot of educational stuff.

we learned about etiquette. we'll check in with meteorologist christina loren for a last look at the weather. >> some winds are going to pick up and make that ace that much more interesting. of course you can stream the action live. 89 degrees at 4:00 p.m. even in the hottest cities. 76 bay side. at the coast 65 degrees. we still have flight delays. here is mike. >> a look at the traffic. the volume looks uner. the maps tell a story, all the way up from capital. 87, 280 slowing, 85, look at that in through saratoga. live look outside also shows you what things are like over the san mateo bridge. that's the commute westbound starting to get slow. >> that's a wrap for us. weanks for waking up with us.