pursuit and an officer in the hospital. i'll explain what happened coming up. >> with some of our temperatures down to 44 degrees this morning, you're going to want to bundle up. we'll have a look at your forecast coming up it. >> a pretty cool commute as well. things are moving nicely at the peninsula. >> right now, we take you live outside. you can't see the smoke right now or any of the flames but a two alarm fire has been going on near capital expressway and 87. we're there covering it for you. we will have that in a matter of minutes on wednesday, september 19th. this is "today in the bay." 5:00 on the nose. good morning, everybody, thank you very much for joining us. >> good morning, we're following breaking news. a two alarm fire at the

apartment complex near capital expressway and 87. early reports say there may be people trapped inside. just arivalling on the scene, gathering information for us. a live update just minutes from now. >> also new this morning, the santa clara police investigating an overnight high-speed chase and crash. that chase started about 11:45 last night near the intersection of 101 and san tomas express way. it tended just minutes later when that suspect crashed into a pole at the intersection of de la cruz and trembull. we're waiting for investigators to say why exactly they were chasing that driver. an attempted kidnapping sent an officer and suspect to the hospital in the east bay overnight. christy smith is live in union city where that chase has finally ended. good morning. >> good morning to you. that's right. that pursuit ended here at the

intersection of dakota road. they're telling a really scary story that it was late last night. a man in a truck approached them and tried to get them inside. they felt that he was trying to kidnap them and was just very persistent. three men ages 19 to 20 years old, they say they were the ones that were approached. this started in freemont. after 10:00 last night. investigators say the young men were able to flag down an officer. this is fortunately right by the police department where it happened. two of them told the officer they got separated from their friend. they actually saw the dark truck go by and told the officers that's it. >> officers got in a short pursuit through freemont. and north into union city, down mission boulevard to da cato road where the police ended in

union city. >> that's where the driver in the truck crashed and bailed out on foot. an officer tackled him. both of them suffered minor injuries. the officer had an injury to his knee. that suspect arrested for attempted kidnapping, resisting arrest and evading police. the truck was taken in evidence. police telling us they plan to search it. still unclear exactly what the motive for all this was. reporting live in union city, christy smith, "today in the bay." there are troubling details for two men accused of killing and burning a union city mother. during testimony, a witness says monica was murdered for refusing to i.d. a person who robbed a drug dealer. prosecutors say her boyfriend, salvador val lasko and the suspected drug dealer became angry. they allegedly bound the 21-year-old woman before killing

her. her body later found set on fire in oakland's rock ridge neighborhood. on the peninsula, the man accused of robbing steve jobs palo alto home is expected to enter a plea today to robbery charges. he's accused of stealing apple gadget, tiffany jewelry and jobs' wallet. it is 5:04 now. authorities need your help identifying a man in a wheelchair who died on the cal train tracks nearly three months ago. the man known as john doe 1211. he was hit by a train. he is between 60 and 75 years old, 130 pounds, with brown eyes and gray hair. he was using a go go mobility scooter. if you know who this man is or somebody who looks like him, you're asked to please call the san mateo county sheriff's department.

an oakland family now demanding that police department release the reports of the shoot death of their son. more than 100 family members and supports crowded last night's council meeting. they were expecting police to show up with that report. the crowd got very angry, forcing the council to cancel that meeting. police chief howard jordan says since that case is still ongoing he was not able to deliver the report. the 18-year-old was shot to death in may after leading police on a foot pursuit. police say the teenager was fired on only after pointing a gun at the officers. the family is denying that claim. >> california lawmakers have been looking for ways to increase voter participation in the golden state. today, that search might be over. this morn, california will  launch a new online voter registration system. it will allow people to register to vote through any computer or mobile device. california has an estimated 10

million eligible voters who are not registered. >> going digital. right on time. >> 5:06. we're getting into a rhythm here of weather. >> yes, we are. we're waking up to lots of low clouds and cool temperatures. 40s and 50s outside. nap that did briefly drop to 44 degrees. you've warmed all the way up to 45 so it's quite cold out there and patchy fog in santa rosa too. temperatures close to 50. winds very strong. sea breeze reaching into, but they'll peel back to the coast for the afternoon. filling in once again as we head into the evening a little bit later on tonight. temperatures, lunchtime, still 50s and 60s around the bay. you're going to be fine with a jacket for most of the bay area locations inland. tomorrow, about the same. friday, still looks warmer.

for the weekend, fog. looks a lot cooler and windy on sunday. >> peninsula. light and easy drive. we'll catch up now. we talked about the construction in mountain view. not a concern as far as speeds go. right here, you'll have to slow north 880. sounds like a car is partially blocking the connector on to 237. 237, which direction we don't know. sounds like someone had a rough night or a rough morning on the side of the road. we'll just leave the details there for the folks to sort out there for cleanup. moving smoothly as we look at the live camera. a smooth drive as well. that's the live shot. shows you the bridge over on the right. the commute direction, easy flow and no delays across the flat section or the high rise. he's best known as an eating champ. he'll be in the south bay today. this tie, he's putting down the

hot dog and the ribs at least for a couple hours to take a bite out of a serious problem. he will be joining the nationwide effort to stop texting while driving. the never text and drive campaign will hold that event outside san jose city hall this morning. that event will feature joey and a simulator that demonstrates the dangers of texting while driving. the attendees will be asked to make a lifelong pledge to never text and drive. >> listen to this one. if you like doughnuts and can like this a pirate what a combo. today could be your lucky day. september 19th. it marks the tenth anniversary of international talk like a pirate day. in celebration, christy cream will give away a free glazed doughnut for anyone willing to share one of their stories. i don't know if i want to pull

off the eye patch. if you want more than one free doughnut, than you dress u in the whole pirate gear and you're going to get a whole dozen. that's not a bad deal. you'd be the coolest pirate around i bet. >> 5:09. you did that really well. >> let's move on. >> all right. health hazards. east bay nurses and doctors really against a new system they say has potential patients waiting days for service. good morning. i'll take you live to the east bay to show how some people are doing at this ungodly hour to perfect that next bottle of wine. that story coming up. >> plus, a money saving tip if you're interested in a new iphone. we'll take a look in business. and more. e, so do something nice for it. chevron with techron. care for your car.

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it is 5:12 right now. while most of us were sleeping, employees at local vineyards, they are hard at work. >> this is harvest time. joining us live from livermore. things bustling there. >> good morning. i don't know if you've seen one of these before. it's a mechanical harvest. sometimes you pick by hand but this is a machine that does that work for you. we're in the southeast portion livermore in the crane ridge vineyard. this is operated by the vinyard family. ungodly hours in the morning. it's really critical to pick

when the temperatures cool to make the best possible wine. so we do it when we need to. when it comes off the vine, it has a different flavor. >> no, it's not changing the sugar level but you want to keep it cool to maintain beautiful fruit flavors. so temperature's critical. >> speaking of weather, temperature, how's this year before? >> we're probably about ten days behind a ten-year average. but overall, pretty similar to where last year was at this time. the the weather's been great. knock on wood, everything's going along well. >> when will this fruit end up in a bottle for people at home? >> ten months away. morning, 2012. >> what's critical, your job, before you start blending or doing whatever you have to do? >> making the picking decision about when this fruit is ready to pick to come off of the vine to make the best possible wine.

we're talking about 30 different grapes so it's a game of logistics. making the right decision at the right time. >> all right, carl, thank you very much. guys, i need one of these things at home for my lawn. it does everything. look at this. it picks the fruit right off the vine leaving the stem. amazing. >> like a floby. >> it is. >> dirt devil at its finest. >> thanks, that's really cool to see out there. we'll keep checking with you. kind of loud as well. it is 5:14 right now. the new iphone rolling in. scott mcgrew, big thumbs up? >> yeah, david at the times, both very impressed by how light and thin the phone is and how darn fast it is. not the chip, though that is faster, but the connection. one review guessing the connection on the new iphone ten times faster than old phones. generally faster than your own

home internet. pog says the iphone is well on its way to becoming a bookmark. mossburg says it is the best smart phone on the planet. now, something to think about. a blogger points out this morning, if your entire family wants to upgrade but some of your cell phone contractes are not yet qualified for an upgrade, instead paying full price to replace the phones, it could be cheaper just to change carriers. you have to pay an early termination fee but it may be cheaper in the long run because the new carrier will give you the discount on new iphones. there are iphones on ebay already. these are preorders. the person selling them doesn't have them yet but will get them on friday. we've seen some for $1,000 and more. let's head over for a check on the markets. >> very good morning to you. futures now higher after stocks ended mostly lower. although the dow did manage a

fractional gain. investors reacted to a mixed bag of news as fedex caught its profit forecasts. citing a weak global economy. home builders did show improvement. asian and european markets are higher after the bank of japan announced it would launch a new economic stimulus program. we do get data out this morning on housing starts and building permits as well as existing home sales. so expect those three factors to be moving this morning. yesterday, the dow did rise 11 points. the nasdaq falling less than a point to close at 31.77. the los angeles lakers may have a new landlord in their future. billionaire is putting his aeg sports and entertainment empire up for sale. they own the staples center, the home of the lakers and clippers. the company also owns the kings and l.a. galaxy soccer team. a sale could reportedly fetch

billions of dollars. the bidders include newscorp. the parent of fox. back to you. >> all right, thanks much. we all know that probably the most common pin is, like, 1234. i'll tell you what the least common pin is. little later. >> interesting. okay. >> always got something different for us. appreciate it. 5:17. as far as the weather, it's not quite different. if you like mild temperatures, the sea breeze is good. because yesterday we saw temperatures in the 60s and 70s. on our way to the same. a little bit chillier this morning, especially in the north bay. napa down to 43 degrees. temperature dropped off a little bit more before sunrise. low 50s in san jose. 54 in livermore. some patchy low clouds almost towards the pass. notice the wind direction. strongly on shore again. this really the story.

fairfield and concord. winds 15 to 25 miles per hour out of the south or southwest this morning. low clouds spilling well inland across the bay area. some drizzle in spots. 60s and 70s for highs today. friday should be the warmest day of the week. just as soon as fall starts on the weekend, saturday morning, we'll see temperatures really dropping off by the time we get into sunday afternoon. radar view has been quiet. notice on the north coast, a little area of low pressure which will cross over the bay area. that will lead to cooling temperatures, especially come sunday. today, it's the low clouds that are keeping temperatures down. inland clearing through the afternoon. high temperatures, with that all day sea breeze, looking cool for this time of the year. 70 near san jose. mostly 70s even around the trivalley. close to 80 in fairfield. low to mid-70s up towards the north bay. cool for the giants game coming up at 7:15 this evening. friday still looks to be the

warmest day. then get ready for fall to come in. falling temperatures this weekend. even cooler than now. that's expected to come our way on sunday. mike. >> all right, hey, rob, we'll take folks to the north bay. we're looking alth my traffic maps. we're also looking at this orange blob here. we're talking about where it may affect your visibility. we told you about santa rosa. petaluma, some fog. half mile of visibility up there. also may affect your drive through 101. but we don't see any slowing. moving slowly at the 101 interchange. eastbound 37 approaching wilson avenue. sounds like a big rig stalled in the lanes, now that has cleared. the sig alert has canceled as well. we're tracking that in the newsroom as far as your traffic flow go, things are moving slowly into and out of vallejo and towards interstate 80. both bridges moving smoothly. then some construction through hercules. you lose two lanes but no

slowing. live look. show you how things are shaping up. easy light drive. south bay holding up with light speeds. it's getting a little more popular as far as the number of cars. back to you. some troubling new numbers to tell you about on emergency room care at public hospitals. the study revealing one out of every ten emergency room patients actually left without ever being seen by a doctor or nurse because of those very long waits. the wait times have been rising since the new computer system was installed in july in order to allow for conversion to that new system. doctors/patients loads were cut in half. and in turn of course they had to cut the number of available appointments as well. cal state trustees will vote on another possible tuition hike. if proposition failed in november and the state cuts $250 million in funding. under the plan, students would

see a 5% tuition increase in january. in state students would pay roughly $150 more per semester. concerns over the spread of west nile virus are prompting mosquito fogging in the east bay again tonight. spraying is scheduled to take place in antioch in an area boarded by will burr avenue, hill crest avenue, mikiner drive, highway 4 and a straight. should last for several hours. health officials say stay indoors, close your windows, if you live in that fogging area. make sure your pets are inside and your plants are covered. >> 5:21 now. coming up, parents will love this. trading in sodas for sal lalds. the farmer market is hoping to make a deal with kids this weekend. >> the warriors offer new details about a possible san francisco waterfront stadium. ♪

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it is 5:24. plans for the new san francisco arena taking shape. the designers say it will incorporate the waterfront setting in a nice beautiful way along with views of the san francisco bay and that bay bridge. they say they're trying to make sure the amount of impact is minimal. adding the plan is to make it environmentally sustainable. >> that's what local farmers are offering. if you bring in an unopened soda or can or bottle, you're going to get a voucher that can be used to buy fresh fruits and vegetables. >> kids are going to love it. >> they're trying to do it to raise awareness about the negative health impact of soda

or pop. the event will run friday and saturday. saturday, 9:00 a.m. to 1:00 p.m. and the allah la meet that in san jose. >> 5:25. let's check back in. it's wednesday, middle of the week. >> it's staying pretty much like we've seen. it's jacket weather again this morning. good strong sea breeze. you can see it reaching 15 miles inland today. the ocean air conditioning. it's going to keep our temperatures down upper 70s. low 60s for san francisco mid-60s in oakland. tomorrow, looks like the same weather. >> we'll look outside and show

you what's going on. there is some slowing. this is over at the pass coming out of the 205, and speeds about 50 till you get to livermore. a smooth drive for 880 as well. we're looking over at the northbound side. we did see some orange. live look past the truck scales. we saw a number of trucks approaching and they might have skewed the numbers. it's smooth on 880 through freemont, guys, back to you. we will have the latest on the breaking news of the fire going on in the apartment complex. there's a battle about to be waged in a san francisco courtroom.

a fire sends one firefighter to the hospital. the latest coming up. >> developing news out of the east bay this morning. with an attempted kidnapping. a police chase through the streets. and an officer landing in the hospital. i'm christy smith. i'll explain what happened coming up. a high end death caught on tape. a couple walked into a bay area conservatory and walked out with a cello worth thousands of dollars. >> it's now down to 43 degrees in napa. i'll have a look at your forecast straight ahead. >> people will be huddled because of the backup at the tol plaza. allow us to show you a live look other the san francisco bay. that is the bay bridge. on this wednesday september 19. this is today in the bay.

good morning. thanks so much for joining us. i'm laura garcia-cannon. >> i'm jon kelley. firefighters are battling a two alarm apartment fire. more details, including, we're hearing some reports of injuries. >> reporter: i just got an update. he says the latest information is a firefighter was transported to the hospital with minor burns. we are quite a bit removed, about a quarter mile removed from all the action that is happening. plenty of action as you can see still unfolding for this two alarm that was called in about

4:30. a ladder truck was attempting to do a rescue for the people inside. the captain tells us everyone inside that apartment, three people, made it out okay. including one woman who managed to get out on her own. she was taken to the hospital for smoke inhalation. the fire is currently knocked down but has yet to be deemed under control. the people we spoke to who live directly below say they woke to people screaming. >> i thought it was an argument first. heard someone mention fire and there was already people outside and flames were already pretty big at that point. >> oh, it's gushing out of the window up there. >> that woman was dedescribing

the flames. she says she and her husband got out quickly, but she is unsure if her two cats made it out okay. the captain says there is significant damage to that apartment. he says it's still too early to tell the expense of all that damage, and he also says the cause is under investigation. they plan to be out here for at least a few more hours. >> a late night police chase in the east bay ends with a police officer in the hospital and attempted kidnapper in jail. "today in the bay's" christy smith joins us live. >> reporter: really strange story and police are still trying to sort out the motive. it was a chase, a car chase, that started in freemont, ended here in union city. the victims of all this are

telling a really scary story. that this man, driver in a truck, tried to lure three young men into his vehicle and was very persistent about the whole thing. started around 10:00 last night in freemont by the arch stone apartments. three young men, they say this man very persistent, tried to get them into the car. unfortunately, though, this was right near the police department. they told him they got separated from their third friend. while they were speaking with the officer, they saw the truck. >> as the officer was speaking to the boys, the boys were giving a description of the male suspect when they noticed a vehicle about a block away. officers tried to flag down the vehicle. they were unsuccessful in doing

so. >> reporter: police chased that driver down mission boulevard. and then bailed out on foot. the officer was hurt trying to tackle that suspect. taken to the hospital with an injury to the knee. expected to be okay. the suspect also injured. he was arrested for attempted kidnapping, evading police officers. that truck was seized. reporting live in union city, christy smith, "today in the bay." a freemont woman shaken up after she says she was robbed and beaten by four men in her home. this incident happened earlier this month. she says the men grabbed her and put a pillow over her face and punched her repeatedly. the victim says it appears the four men got through an unlocked

door. >> i have nightmares pretty much either night. i see them and what's happening all over. i'm jumpy. any little noise scares me. >> police are reminding everybody to of course make sure your windows and doors are locked. police are looking for a man who say may have fallen off a train. passengers saw the 69-year-old near the door thursday night about 10:00. an hour later, another passenger found an exterior door open. dowd suffers from restless leg syndrome and may have gotten up to stretch. dould's family and friends are now focusing their search.

a musician this morning is hoping you can help find the person who stole his cello. the suspects were actually caught on tape. they walked into the conservatory and just casually walked out with a cello that's worth thousands of dollars. that cello belongs to this man. he says he left the instrument for a couple hours. when he returned, it was gone. >> it's just is empty feeling. criminals came here and rummaged through my stuff and took my most valuable possession. >> the thieves also took some handwritten music young composed that he also kept in that case. there is a reward being offered for the safe return of the cello. police say the thieves can return it to st. mary's cathedral. absolutely no questions will be asked. is it a great law enforcement tool or a violation

of your rights? today, the american civil liberties union will be in a san francisco court arguing that california's dna collection laws are unconstitutional. the aclu says it's too aggressive. it's asking the ninth u.s. circuit court of appeals to strike down proposition 39 which gave police the authority to collect the genetic sample of every person arrested on a felony charge. some 25 other states have actually adopted similar laws. coming up, we'll talk with an nbc bay area legal analyst about the legal challenges with everything that's going on. >> we'll look forward to that. we check back in with rob. if you like what's been happening, i guess you're going to love today. >> we're going to see kind of the same forecast. napa down to 43 degrees. actually some patchy fog setting up in the north bay. you can see strong on shore

winds. winds up to 20 miles per hour. now look at the visibility. napa and santa rosa. quarter mile visibility currently in napa. so we have some patchy fog there in the north bay. upper low sitting off shore will cross the coast this weekend. that's the reason why it's going to turn quite breezy and cooler. the reason why it's cool today is the cool sea breeze. some of the low clouds are starting off with sunshine inland. the sea breeze will push in the low clouds again heading into tomorrow morning. lunchtime, it is still light jacket weather around the bay area. near 80 in the warmest places around the east bay. 60s, oakland and san francisco. so tomorrow, similar forecast to today. the weekend turning breezy and cooler. especially by sunday heading into monday. >> easy breezy is the commute here. the approach, speed sensors not showing any real slowing.

you have construction on the east shore. not a big concern. 680 as well. more of a concern, south 680 at the la vorn that off ramp. reports of a large deer that was hit and is in the roadway now. use caution if that's where you're using the exit. approaching 680 on westbound, slowing through alta mount and livermore but not a big concern. typical wednesday build here. live looks. san jose north 101. no major slowing. getting more crowded. another live look out to the north bay. the headlights curves. we talk about patchy fog. no major problemses for the flow of traffic but watch that. we'll let you know of any problems reported from chp. >> the famed petaluma little leaguers getting another taste of the big leagues today. san francisco giants will honor the team before tonight's game

at at&t park. the little leaguers will be treated to a pregame field visit. they're going to attend giant's batting practice and participate in the home plate ceremony. the little leaguers finished third in the little league world series back in august. >> that is awesome. you know what these guys are doing, they're practicing their autogra autographs. 5:40 now. coming up, a reprieve for a pit bull who attacked. okay, what'ya havin?

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a brand-new nbc poll showing mitt romney falling behind in that presidential race. before a secret tape went public capping the candidate making some controversial comments. "today in the bay's" tracie potts has the latest.

>> reporter: lots of sideshows going on as we get closer to this election. the new poll finds obama has pulled type points ahead of romney. romney tries to explain what he meant on that secret videotape when he talks about the 47% who don't pay taxes being people who find themselves dependent on the government. people that he doesn't have to worry about. romney, another fund-raiser with the cameras rolling, knowingly rolling last night, said the government does need to help people who can't help themselves. he called them victims. president obama was on late night with david letterman last night. he was asked about this. he said if you're president, you've got to be president everyone. you can't exclude 47% of the people. a poll shows a third of poor voters go for romney.

that was before these comments were made public. >> thank you very much, tracie potts. within the last hour, the space shuttle "endeavour" started its final voyage. shuttle lifted off from the kennedy space center strapped to the back of the 747. pretty amazing. a massive cross country tour. today "endeavour" will fly over sites before touching down in houston. then it's on to sacramento before a big finale on friday that will actually include a low altitude flyover of the golden gate bridge and nasa aims right here in the bay area. if the weather cooperates, you can expect to see the shuttle around 9:00 on friday morning. the shuttle will touch down in los angeles where in mid-october it will then be hauled along city streets to a new home at the california science center. what a journey. >> should be good on friday.

5:44. with days ahead till fall, most people thought change of the leaving. >> i think all the great food you can cook too. also i guess the wine to go with that food. local vineyards, fall means harvest time. today, that's exactly what they're doing. the thick of it from the vineyard in livermore. good morning. >> reporter: we're at the crane ridge vineyard. they have had mechanical harvesters out there shaking the fruit off the vine in the vineyards. we're getting another load of food, grapes, taken to the winery to be processed into juice. i want people to see this. i look at my job. i get results that day.

i know how my story will turn out. >> ten months. this is our morning fog chardonnay coming in. it is delayed expectations when you're a wine maker. >> so the decision you made a couple days ago to decide to pick this now because the sugar levels were right affects what happens. >> people may not be drinking it for 18 months. >> how do you wrap your head around that? >> i try not to think too hard about that. i've been working with these vineyards for 11 years. i know them very well and we love what we do. >> it has to go to the winery now? >> it will squeeze those grapes, the wine making process starts. >> time is of the essence? >> it's not too critical now.

what's more important is temperature. so as long as things keep moving on but it's not critical, must happen immediately. >> we're going to head over to the winery. to show you what happens now for the grapes to be pressed into juice. carl has to work his magic after that. >> all right. all done. early in the morning. early bird gets the worm. and the grapes too. >> 5:47. she's good, isn't she? >> it's fun to see that. >> cool temperatures working out for them. >> it's like being in a big refrigerator. 54 degrees in livermore. some other spots, low 40s outside. 43 degrees in napa. mid-50s. chances are you probably have the low clouds.

the north bay valley, we have some locally dense fog. the wind part of the story too. it's that all day sea breeze. will keep our day time temperatures down. speaking the fog into napa and santa rosa. the quarter mile visibility at times. look out for that if you're going to drive down through meron county. heading across the venitia there. patchy fog in the north bay. friday still looks to be the warmest day of the week. we'll be cooling down through the weekend once again. satellite radar views. a little interesting here. we have an area low pressure which is off shore. that's going to lead to the weekend cool down we see. some breezy conditions around sunday. right now, we got low clouds. and then coming back in again as we head towards tomorrow morning. not much change from the weather we saw monday and tuesday. numbers close to 70 in san jose. upper 70s out towards the east

bay. 78 degrees today and low 70s around the north bay. so if you want to have outdoor plan, that will be friday afternoon. the weekend, more clouds, maybe mountain showers. watch out for that if you're heading into the high country. >> telling folks maybe some fog coming over the summit. highway 17 coming into the south bay. the northbound routes, smooth drive for all these speed sensors. a little slowing around north 101. as far as the volume of traffic, it's building. that's why you see some slowing up towards 880. that's the start, that's the trend for the south bay. we're looking a little further north for another live look at freemont. north 880 past the truck scales a smooth easy drive. southbound side starting to pick up the volume. traditional pattern for the east bay. and the peninsula at palo alto

looks really good as well. up into san mo taio without any delays. we'll look at the map, show you the city. south of market just going to be congested. till they get that cleared. smooth drive into the city. maybe some fog, patchy fog. >> here's a story you won't hear very often. a dog sentenced to death. for attacking a police horse in golden gate park. now that dog is getting a repeeve. a judge has decided to stay the execution charlie. he is an 18-month-old pit bull. after that dog's own appealed a city order to have charlie euthanized. charlie was out for a walk with his owner when he started chasing a police horse. ultimately biting it several times. city officials say charlie is vicious and aggressive and needs to be put down. but a lawyer for charlie's owner says the city doesn't have the

right to order charlie's death. so a hearing will now be set in the next weeks to determine what will happen next to charlie. >> second chance charlie. it's 5:51. coming up, little caesar's pizza ends up actually breaking the bank for some north bank customers. the credit card snafu that has people fuming. >> plus, how you can be guaranteed to get your hands on the hottest christmas toys without ever standing in a line. >> 8068, what does it mean? i'll tell you.

customers at two little caesars restaurants are fuming. after getting hit with charges for pizzas they bought months ago. thousands of credit card and debit card transactions were delayed at the restaurants.

for as long as nine months. now those transactions are all coming through at once. and that's not a good scene. one man was hit with over $300 for charges that he made back in february. now, the restaurant manager tells the santa rosa press democrat that there's a problem at the bank that processes those transactions. he says he didn't realize there was a problem till he noticed a large slump in revenue at the restaurants. the last few days summer. one store hoping to get you thinking about christmas already and that big toy rush that comes with it. toys "r" us is releasing its annual top 50 hot toy list. and rolling out a new program. a few old favorites topping the list. including a new version of the furby. interactive robot. the newest game consoles. they just don't go away. also set to be very popular. also starting today, toys "r" us

will let you reserve any of their top 50 toys by putting down 20% of the cost. so i guess that guarantees you. >> kind of like back in the day with layaway. you may think your atm pin is a little unusual but chances are a lot of people have chosen the exact same number. >> we all tend to lean towards the same numbers apparently. you'd think we'd have the common sense to avoid things like 1234. a study of more than 3 million pins says 1234 is indeed the most common. 2580 also very common. those are the numbers in the center of the keypad. the least common scientists have no idea why this is, is 8068. go figure. hackers say they took down the bank of america website as punishment for that controversial video youtube.

why bank of america is not clear. it appears to be an attack on the site. they did not access any data. that site is back up this morning. the real estate website trul ia expected to ipo this week. the san francisco-based company started by a couple guys from stanford. >> good for them. >> a lot of smart guys from stanford. let's check in. telling us it's going to be another cool start. hopefully the clouds will be out of here. >> we'll see the clouds clear up inland. it is chilly. you'll want the jacket. especially if you're in napa, santa rosa, patchy fog there too. 40s and 50s this morning. mostly 60s to mid-70s for the afternoon. kind of the same story thursday. a little warmer as we get into friday. then breezy and cooler again as we move through the first weekend fall. mike. >> all right, you know what, we're looking at a nice easy

build over at the plaza. the cash lanes are starting to back up but no metering lights. still have about 20 minutes for that. another live look shows you traffic across the san mateo bridge. picking up the volume but not lowering those speeds. flat section and high rise smooth from hayward. another live look. this is the gold be great bridge. this ends our bridge pick. the volume picking up for san francisco inbound. good stuff, guys, back to you. >> it is 5:57. still ahead, california's new dna laws have helped solve dozens of cold cases. the question is is are they constitutional. we break it on down. the major court battle that's coming today.

a firefighter burned. we are live at that scene.