live in san jose. will they go after father lidner? the latest charge is perjury coming up. >> also, pictures of a killer. the new surveillance photos police hope will crack the case. >> and new video and new details into that investigation into the massive fire at the chevron refinery in richmond. >> right now, we take you outside for a live look out at san jose. nice colors in the south bay on this wednesday september 12th. this is today in the bay. good morning, everybody. >> i cut you off. >> take over, what do you got?

>> it looks like a painting outside. very picturesque. >> hi, everybody. 7:31. >> i'm so sorry, what am i thinking? >> don't apologize, jump in. >> good morning. it's wednesday. we want to get you over the hump. temperatures are crisp out there to start. 56 degrees livermore. san jose heading to the mid-60s. and then temperatures soar. we have a lot to talk about when it comes to your full forecast. >> i have to report what's not there for you. if you're waiting for those bright lights past university, it looks like 101 is moving smoothly. we don't see that this morning. a smooth drive through palo

alto. and also across the dunn low east. has that construction crew as is typical. no slowing. just watch caution through the cone zone. back to you. >> okay, mike, thanks. he was once the victim. a south bay priest severely beaten as he sat inside a retirement home. now, he's an accused sex offender and his alleged victim are calling on prosecutors to charge him with perjury. today, prosecutors will hold a critical meeting with a man who beat litner. complicated case. >> he never denied he beat up the father. he said it was payback for that molestation that took place 37 years earlier. i was in court a few months ago when they took the stand. lynch described in disturbing

details how the molestation took place. in that trial, father litner ever denied he molested lynch or his brother during a camping trip in the santa cruz mountains. told the judge to get the priest a lawyer because he had just perjuried himself. the priest pled the fifth amendment and no longer took the stand. william lynch has been wondering when the d.a. would fire those perjury charges. he made that charge soon after the trial in an interview with nbc bay area. >> he perjured himself pure and simple. the d.a.'s refusal to do anything about it is unacceptable. >> the lawyer for william lynch is pat harris. he's scheduled to fly in to san jose from l.a. for this meeting with the d.a. today. he even accused the prosecutor of setting up the priest to commit perjury.

something the d.a.'s office denied. that meeting here at the county government center will take place this afternoon and all parties will be on hand. >> right now we have breaking news to tell you about. a u.s. ambassador has been killed in libya. this has been confirmed. christopher steven. a northern californian. he had just joined the u.s. embas embassy. an attack on the u.s. embassy in libya. he also went to uc hastings where he graduated from a law school. it was a major attack there. apparently militants are upset over a u.s. film that was put out. a small film that was more kind of like an unprofessional one but it has caused a big commission over there. apparently political implications here. people are very upset. once again, it has been

confirmed that a u.s. ambassador, christopher stevens, has been killed in libya. we will continue to cover this event and keep you posted as information comes into us. moving to other information. breaking the silence. a former student of belamine prep in san jose saying he was sexually apused at that school. he says the jess suette brother molested him when he was there in the '60s. the california society of jess suettes sent a letter that reads, jess suette brother william farington was removed. he now exercises no public ministry and lives under close supervision at the infirmary. his restrictions are reviewed annually. the victim says he wanted to put his story out there as part of a healing process and to encourage

others and other possible victims to seek healing of their own. >> 4:36. hoping newly released photos will help someone identify the suspects who robbed and killed a seven 11 store clerk. it shows three gunman rushing in. seconds later, police say they shot and killed the 67-year-old clerk. this was their first homicide of the year and happened less than two blocks from the police station. >> shows you how brazen and willing these suspects are to take risks to actually commit an armed robbery which eventually led to a homicide right down the street from the police department. >> the owner of the 7 eleven is now hiring security for overnight hours and the parent company is offering a cash reward for the arrest and conviction of the suspects. police releasing dramatic

new video of an armed robbery at a convenience store. take a look at that. it happened last tuesday. the shell gas station on second and fourth street. as you saw, the masked gunman demanding cash from that clerk and then he took off on foot. police asking anybody who has any information on this case to call them immediately. there's also a cash reward being offered in this case. >> new this morning, we're getting a first look at newly released video that shows the so-called vapor cloud released before last month's chevron refinery in richmond. released this video during a meeting last night. investigators say they are still trying to determine what the cloud consisted of and say that question is critical because at least 18 of the refinery employees were exposed to it. told the council parts of the

failed pipe where the fire began had thinned to the thickness of a penny. officials are trying to determine was why chevron did not inspect the pipe when another nearby pipe was repla replaced. authorities now believe died in a water tubing accident along the sacramento river. the vigil was held at her high school in honor of former student brett wilson. his body was found in the river sunday, a week after he was reported missing while taking part in a labor day weekend river tubing event. his disappearance sparked a mass insearch and an online campaign that attracted almost 100,000 people. his funeral is set for 10:00 saturday morning.

a california republican congressional candidate now backing away from a recent remark in which he said women who have abortions are more likely to get cancer. he made that statement during the debate earlier this week. the american cancer society responded very quickly, saying there is absolutely no scientific evidence to back those claims. yesterday, he retracted the comment, saying he was misinformed and relying on information he read several years ago. he is now running for congress in district one. that includes redding, auburn and chico. >> 4:39. here we go. rumors and speculation will come to an end hours from now when apple is expected to make its very big announcement. the company hasser in come out to say it actually, this invitation sent to media has everyone assuming apple is going to unveil the iphone 5. rumors have been booming with many saying the new model is

expected to work with 4 g networks. and will feature a new type of charging port. many expected to begin selling in a week or two. our scott mcgrew is outside apple headquarters this morning. coming up at 5:00 this morning. >> every time they let one out, it becomes bigger. let's see what's happening. christina first. >> i can't do hair like mike, that man's got a spike that i envy. temperatures are looking good. the the good news is we lost that humidity we had to deal with last week so you can actually curl your hair. temperatures are going to climb from the mid-50s towards 90. not quite reaching it. 80s on the map today.

temperatures are going to feel summer-like. then we exceed our averages. we're going to spike your temperatures into the mid-90s. if you don't have an air conditioner, open up the windows, good air quality today. here in san jose, around 83. 77 perfection in freemont. 85 for concord. getting hot in the trivalley in places like livermore. san francisco, you're going to get sunshine and mid-60s. microclimates giving you kind of a hard time when it comes to the forecast. the forecast is ready to go in my next report. first, we want to check your drive. >> thank you, christina. i just let it go. this is what 80 does. it's going fine now. high street, you have your

construction zone. from 980 to about 16th where we have down to one lane but you don't see any slowing. we'll look further south as well as traffic flows up from 580. 24, construction. no problems down the east shore freeway down the richland bridge. san rafal looks smooth from 101. just a few tail lights. back to you. >> 4:42. we'll be right back. we put a week's worth of bad odors in a home. some aerosols may just mix with them. can febreze really remove them? we asked real people what they thought. take a deep breath for me. describe the smell. it's very pleasant. fresh. some kind of flower maybe? remove the blindfold... awww, oh yuck! i didn't smell any of that!

febreze air effects doesn't mix, it actually removes odors. [ laughs ] wow, that's incredible. just another way febreze helps you breathe happy.

great news for anyone who enjoys e books. your next electronic novel might cost a little less. lowering prices on its digital books after agreeing to a settlement with the justice department. has sued five major publishers claiming they conspired to drive up prices on e books. two of the publishers have settled. the two remaining book companies and apple says they plan to fight the charges. the three will face a trial beginning next year. >> the fed begins a critical two-day meeting today. that apparently some good news boosting stocks. let's turn it over to cnbc.

>> futures are higher after the dow did close at levels not seen sis december 2000. investors are becoming more optimistic. the fed begins its meeting today. stocks also getting a boost from europe as germany's highest court ruled it's constitutional for the country to fund the bailout fund. european markets are higher at the moment. we do get data this morning on import prices. in terms of how the markets ended yesterday, the dow rising 69 points. the nasdaq inching up a fraction. facebook co-founder spoke at length tuesday about the giant in his first appearance since the rocky ipo in may. at a tech conference, zuckerberg

admits he is disappointed with the price, but he does urge investors to be patient. he sees a lot of opportunity for growth in the global market. he says they are working on a search product to help it better compete against the likes of google. very interesting stuff, guys, back to you. >> good morning to you. joining us on set, talking about a cooler start to the day. >> yeah, similar to yesterday. good morning. a really interesting forecast. i want to put things in perspective. it is going to get cold, rainy, so enjoy the sunshine while it lasts. we're in that transitional period between summer and fall, getting the best temperature readings all year long.

56 degrees in concord. temperatures are going to be on the warm side. but right on track with our seasonal averages. that marine layer will push right back out to sea. you'll be left with sunshine in the city tomorrow. so, we'll see the sunshine after sunrise to about 7:00. san francisco will get some of the best weather across the entire nation. 70s and 80s today inland. tomorrow, temperatures will spike. look at the difference. we're going to hold on to the mid-90s for friday. and then we'll level off for the weekend. if you want to hit the beach, you'll be able to do so this

weekend. turning to the decision 2012 news. it's back to business in the battle for the white house. after taking a one day break from the stump for 9/11, both are heading back to battleground states. tracie potts. >> reporter: president obama and mitt romney promised to put campaigning aside on 9/11. but in a speech to the national guard, romney said over 50 billion in automatic defense cutses could devastate the pentagon. >> we cannot jeper die critical missions. >> reporter: he's criticized the pullout from afghanistan but now says the goal should be a successful transition.

president clinton still in florida, going after the youth vote. telling college students this should not be a referendum on the economy. >> the president would vote against himself. >> reporter: in wisconsin, paul ryan releases new ads to keep his house seat. he's running two campaigns there and he's got a 25% lead in the congressional race just in case romney/ryan doesn't win in november. >> that youth vote may turn out to be critical. new voter i.d. laws could prevent as many as 700,000 minorities under age 30 from voting this year. tracie potts, nbc news, washington. brace yourselves for a hollywood invasion coming up. the big time celebrities about to descend. >> a mad man heading for the south bay. now stepping off the screen and

on to a bay area stage. >> traffic heading through the south band. i'll show you what's going on south and east.

rise and shine to you. not quite yet. still too early for that. taking a live look over the south bay all lit up on this wednesday. it is 4:53.

>> one tv's hottest stars is adding buzz to a south bay company. he signed on to perform at the repertoire theater. the man who plays pete campbell on the hit show is starring in "death of a novel." trust us, a very busy schedule. the guy's got eight shows a week but the actor says no sweat, he's been in theater since he was 6 so he knows the drill. the show runs through september 22nd. and cartooizer then returns to the mad men set in october. up in maran, an onslaught of a-list stars expected for the film festival. ben affleck, dustin hoffman, part of of that crew. all have films in that lineup marking their directorial debut. showing runs from october 4 to the 14th.

"on the road," based on a classic novel, will open the festivities. the closer will be ang lee's new adaptation of "the life of pi." let's check out the roads right now with mike. >> it's 4:55. a light volume of traffic here. 101 through san jose. on the maps, it's between the 680 and 101. at the interchange for 101 where we typically see the traffic, none right now. i've got my eyes right here, eastbound 237 through elv visa. i'm not sure what's going on there. but we have seen the last couple of days, so we'll track that. we're looking at a smooth flow of traffic through livermore, dublin. not even the pass a problem. construction on your left on 205, not a problem if you're

heading into our viewing area. if you can see this map, then you don't need to worry about the construction. bay bridge. smooth drive down. the east shore speedway, visibility and speed no problem here all the way to the toll plaza. researchers are trying to determine if alcohol could help reduce high cholesterol in people. the study is interesting on its own. the test subjects are what may have people buzzing. doctors at rhode island hospital are comparing the effects of red wine and vodka on cholesterol by giving both to pigs with high cholesterol. after seven weeks, the results showed better blood flow to the heart. red wine did even better by providing some antioxidant effects that improved overall heart health. >> we're not advocating anybody drinking excess amounts. i think a small amount is

actually healthy. >> don't head to the liquor cabinet yet. the study stressed more researchers needed to determine if adding more alcohol to your diet will improve cholesterol numbers. >> did you read the book in school, animal farm? that what it makes me think of. >> i think of miss piggy having a nice glass of chardonnay. >> 4:57 now. still ahead, some troubling numbers here. the major crimes fighter. a new map showing the area being targeted. >> south bay city ready to crack down on the pot clubs. what officials say these businesses aren't doing that they need to.

new this morning, residents in palo alto haven't seen anything like this.