three young men trailed and nearly taken by a would be kidnapper overnight. how they got away and why an er is wofficer was injured in the hunt for the suspect. unloading a luxury condo. why he now wants taxpayers to pay for his bad real estate decision. the calendar says summer but it's not going to feel like it again today. the clock says 6:00. we track the backup at the tol plaza. the off ramp in alamo. we'll give you the latest for 680 coming up. a live look outside. look at those cruise ships. coming or going. it is wednesday, september 19th. this is "today in the bay." 6:00 on the nose. good morning.

thank you very much for joining us. >> we start with breaking news in the south bay. at least one person being treated after an injury. live with the very latest on the story. she's been tracking all morning for us. what's the latest? >> reporter: the fire is out. there are only minor injuries to report. the captain tells us this is a typical apartment fire. this is right near capital expressway. it was called in at 4:30. it started as one alarm. ended as a two alarm. with about 40 firefighters on scene. the flames started in a second floor apartment where the captain says three adults lived. we spoke to a guy who move his his family here just three

months ago. he says that's when he got everybody out. >> it sounded like it was coming from an upstairs unit. just really coming out the deck really good. >> did you see the flameses? >> oh, it's gushing out of the window up there. we thought it would get ours. they found my cane. >> reporter: both say they think their apartments are okay, but they won't know for sure till they're allowed back in. the apartment is damaged. he says the cause is under investigation. they just got word in the last 30 minutes or so one firefighter was taken to the hospital with minor burns. he is expected to be just fine.

also new this morning, an attempted kidnapper's in jail today. a police officer in the hospital after a police chase that happened in the east bay. a foot pursuit started. a lot action out there. >> absolutely. that's right, this chase actually started in freemont, went up mission boulevard, and ended in union city. police are speaking with the victims. they're telling a really scary story. they say this driver was really persistent. help was in a truck and kept trying to lure them in. three young men, 19 to 20 years old, again this started in freemont near the arch stone apartments. that's on civic center drive. investigators say the young men flagged down an officer. fortunately, where this happened, this was right by the freemont police department. two of them told the officers they got separated from their third friend. as they were telling the story,

they saw the dark pickup truck and told the officers that's it. >> they've gotten a short pursuit through freemont. north into union city to decodo road. >> reporter: that driver crashed the truck and bailed out on foot. the officer tackled him. both of them suffered minor injuries. the officer had a knee injury. expect to be okay though. the suspect arrested for attempted kidnapping. that truck was taken as evidence. police say they plan to search it. still unclear what the motive was behind this. reporting live in union city, christy smith, "today in the bay." now appears the man who vanished may have fallen off the train. his family says a passenger saw

69-year-old passenger near the door of the train. then another passenger found an exterior door open. he may have gotten up to stretch. help was taking the train to visit relatives in montreal. dowd's new and friends are now focusing their search along the amtrak line between nebraska and colorado. there are new details of a two men accused of killing a woman. saying she was murdered for refusing to i.d. the person who robbed a drug dealer. her boyfriend, salvador val lasko and the suspected drug dealer hector garcia became very angry. they allegedly bound the 21-year-old victim up before later killing her. her body found set on fire in rockland's oak ridge neighborhood. a judge deciding if there's

enough evidence for the case to go to trial. 35-year-old kareem mcfarland is expected to enter his plea. he is accused of stealing apple gadgets, tiffany jewelry and jobs' wallet from his home in palo alto back in july. a retired south bay school superintendent wants to unload his luxury condo and he wants to do it on the taxpayers. the board education initially lured charles weiss to that district by offering him a loan of up to $1 million to help him by a home in silicon valley. he never moved here permanently but he did borrow $915,000 from the district to buy a brand-new condo at the access building in downtown san jose. now he lives in southern california but he needs to pay off that loan but he can't sell it for anything near what he paid for with his declining home market. so he wants the board of education to take over ownership

of that property and the mortgage. the board is set to vote on that proposal tonight. >> i want somebody to take over my mortgage. >> wouldn't that be nice? put it to a vote. all right. something nice in the forecast if you like the coolest temperatures. >> it's cool for the morning. it's free ocean air conditioning really. look at san francisco right now. the flag really blowing there. the camera bouncing around a bit too. a little gusty around those tops of the buildings around downtown. this morning, we've got winds from san francisco, west of 14, southwest of 17 into fairfield and gusty right across the bridge too as you come down into concord. we're seeing south winds at 13. so temperatures this morning, 40s and 50s. earlier, napa was down to 43 degrees. right now, 46. we do have some patchy fog in a few spots. mainly in the north bay. visibility about half a mile in santa rosa, napa. meantime, south, we've got low clouds further away from the ground so we're just looking at some overcast. during the afternoon, clearing

skies. low clouds staying on the coast. on shore wind throughout the day today. going to keep our temperatures really quite cool. windbreaker or a light jacket in and around the bay. it's going to be just fine. as you can see, further inland, we'll see some mid to upper 70s mainly out by liver moore. tomorrow, the same pattern repeats. warmer on friday. cooler and windy and extra clouds as we move through the first weekend fall. >> extra clouds to spare. we got extra cars as far as a lot of commuters are concerned. not backing i those fast track lanes. there's the slowdown starting at the toll plaza. speed sensors show no be pros and the construction zone has cleared. we also watch that la vorno avenue off ramp. issue with the deer that was hit earlier. we may have the slowing still blocked. the off ramp is open.

680 commute direction. accident still on san lore rento city streets there. that may affect your drive as more hit the surface streets. the freeway in the area just fine. a live look outside. end with the shot in san jose. a little slowing there just north towards 880. >> the time is 6:09. the debate is on. an effective crime tool or just overarching law infringing on your civil rights? our legal analyst will weigh in. [ female announcer ] pillsbury crescents on their own are wonderful

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good morning. here's a quick check of the top stories. an officer and a kidnapping suspect are being treated for injuries after a police chase in the east bay. three young men say a man in a truck tried to kidnap them in freemont. officers found that truck a short time later. they chased it into union city. the suspect and officer were injured during the arrest. the man suspected of robbing jobs house in palo alto. accused of stealing apple gadgets and jobs wallet. happened in july. firefighters are looking for the cause of a fire. one resident was taken to the hospital for smoke inhalation.

a firefighter is in the hospital with minor burns. necessary crime fighting tool? that's the question a federal panel of judges will take up today in san francisco. in just hours, the aclu will try to strike down a california law which allows police to take dna samples from every person arrested on felony charges. not just those convicted. for more insight, we're joined by legal analyst steven clark. >> good morning. >> there are some estimates as many as 10,000 suspects have been identified because of this dna collection system they've been using. 200 people were exonerated. why are they revisiting it? >> the panel upheld the law. now the entire panel is going to look at it because there are compel arguments on both sides

of this issue. you have a tremendous civil rights issue here. people have their dna stored for future use, and the aclu is saying that simply goes too far. the dispute isn't about people would have been convicted. it's about people who have been arrested. a lot of people saying this is vital to solving crimes. and people under arrest have to give their fingerprints. so the court is going to decide is this a warranted invasion. >> it's helping to solve a lot of cold cases. the man suspected, he, in fact, was arrested largely due to dna collected by a previous arrest.

what happens to the swabs? >> the government says we are solving serious crime based on our dna system. if the court decides you couldn't have done it in the first place, then they'll decide, is this law retroactive. i think you'll see them going back and revisiting these cases. so that's going to be an important part of that case. the dna -- the government points to these cases as saying, look it's a minimally invasive procedure and it is such an important crime fighting tool. we need to have it. but the aclu is saying it simply goes too far. >> what's the court likely to come down on? >> there's cases coming up all over the united states. i think that's why the nine the circusicircuit is taking a clos at this. i think they're going to come down on the side of law enforcement. saying it's a vital tool.

and what the aclu points to is, you know, do we really want all of this government data store on innocent citizens. at this point, there has been no mischief associated with that. the court is going to look at that later if there is governmental intrusion into dna database. it's a fascinating issue. it may be deeb sided by the united states supreme court as more states gather dna evidence in this fashion. >> all right. we'll see where it goes from here. thanks. always good to see you. >> it is 6:16 now. it is the world's hottest new gadget. the reviews of that new iphone 5 are starting to roll in. they have that phone now. sounds like a big thumb's up. >> that's right. david poe at the times, over at the journal, they're both impressed. by how light and thin the phone is and how darn fast it is. the connection. one review guessing the lte connection on the new iphone ten times faster than old phones.

generally faster than your home internet. says the iphone is well on its way to becoming a bookmark. mossburg says it is the best smart phone on the market. now, something to think about. a blogger points out, if your entire family wants to upgrade but some your cell phone contracts aren't qualified for that upgrade, instead of paying full price to replace the phones, it may be cheaper to change carriers. you'll have to pay an early termination fee but it would be cheaper in the long run because the new carrier will give you the discount on those new expensive phones. as we first told you tuesday, yahoo!'s close to dealing with alley back ba. talked about reinvesting that money back into the company to help yahoo! grow. she's changed her mind apparently. she says the money will be given to shareholders instead. this is not my regular beat. such a strange story.

i wanted to make sure you saw it. russia says it is sitting on the biggest pile of diamonds ever discovered. saying it may be ten times the number diamonds previously thought to exist in the entire world. russia apparently knew about this for decades it kept it quiet because the then soviet union wanted to keep prices up. diamonds are an artificial market. there are already more of them than want to buy them so they're parsed out slowly to keep the market stable. >> we want them, don't be fooled. 6:18 now. is it going to be a sparkling forecast? >> it should be. later on this evening. we're going to see temperatures staying fairly cool out at the ballpark. hopefully the same result as we saw last night. let's somehow you the palace of fine arts this morning.

it is closer to ground level around the north bay. matt cain on the mountd tonight it upper 50s so bundle up. right now, it's not too far off. we've got 40s around the north bay. mid-50s around the rest of the bay area. strong sea breeze. the reason why we got the low clouds. some drizzle possible. a few spots around the golden gate. 60s and 70s for highs again today. as we head towards friday. we'll start to see numbers coming up. satellite radar view looks quiet except as we switch over to the water vapor loop, you can perhaps see this spin-off shore. the area of low pressure holding its position for now. during the weekend, it's going to cross right on top of the bay

area. for the morning, we've got low clouds inland. sunshine winning out for the afternoon. our temperatures staying cool today. as the sea breeze is going to be an all day event. the ocean air conditioning keeping temperatures down. mid to upper 70s out towards the east bay. 60s around oakland into san francisco. and low to mid-70s out around the north bay. the three-day forecast shows similar conditions for tomorrow. friday, we warm up a bit. as we head towards the weekend, falling temperatures for the first weekend of fall. hopefully mike has some falling commute times in your morning commute. >>cy wish i did. we have a nice smooth drive. for most of your freeways, we have falling commute speeds. >> coming off 580. there's the volume. slowing for 880 southbound. we still following this accident. may be an issue for locals.

or free the freeway as well. that's just off the castro valley way west of the freeway here. smooth drive here but we're slowing to the dublin interchange where it's red here coming up towards north first. we do have speeds down towards 20. no accident bus a good unin cars through here. just fine for southbound. 680 as you come down the 101. so we see -- still see speeds in the upper 50s for 101. 87 and 85 have been a problem for the last couple of weeks, slow. a nice smooth drive up the peninsula northbound. the volume builds. the speed still holds though into the city. from the east bay, the backup at the toll plaza because of the metering lights have been on. back to the 880 overcrossing. it is 6:21.

coming up, how about this? getting charged now for the pizzas you ordered months ago. the debit card and credit card mistake that's leaving bay area customers very mad. good morning. live in the east bay where it's not only rush hour on your road into work but also into wine country. we'll take you live to livermore where that grape harvest is in full swing. that story coming up.

happening right now. most people are just getting out of bed right now. there are a lot harvesters that have been hard at work for hours. >> it is grape harvesting season. bob got to see it firsthand this morning. he joins us live. good morning. >> reporter: good morning. we've been out there in the grape fields for the past hour or so. now we're here at vineyards. winery production facility here in livermore. you can see some of the fruits they picked is finally being put into the conveyer belt. that looks goods. that looks really good. we're staying here with the winemaker. you got the grapes harvested. what happens from here? >> the grapes are harvested. they're going through this tube which takes them up, we press that juice, goes into one of these tasks and we're making

wine. >> thausz wht's when you start your work? >> my work has been going on for a while. >> how much of it is an art and how much of it is a science? >> there's nothing like experience to draw on. i think it's the perfect blend. i can't judge how much of which. >> these are going to be charreds, correct? >> these are chardonnays. making picking decision, across a wide range. trying to treasure the beautiful fruit that only mother nature can do. >> compared to seasons past? >> it's been a great consistent year thus far. any time anybody asks me, i say, ask me at thanksgiving and i'll know more. >> all right, carl, thanks for hanging out with us. we're going to sample some of this juice. we'll try that maybe within the next half hour or so. or i can just jump in right now. your choice. >> i vote for jumping in.

>> i like to see that little nose plug or something. >> morning fog. all right. 6:27. still ahead, peeved over pizza pizza. the pizza chain taking its slice from your credit card months after you ordered your foot food. >> nobody could hear her scream. a bay area woman wakes up to find four strangers just ransacking her bedroom. the victim opens up about the attack that's left her feeling terrified in her own home.

a live report on the fast-moving fire that ripped through units, injuring a firefighter early this morning. >> the overnight chase that started with an attempted kidnapping and ends up with a suspect and officer in the hospital. >> and overdrawn. over an order of pizza. the pizza chain that's charging

some customers hundreds. for food they ordered months ago. >> and compliments of precise timing. we take you out to wall street for the ringing of the bell. on assignment out there. help them do the duties today on this wednesday, september 19th. this is "today in the bay." 6:30 on the nose. good morning. glad to have you with us. >> we begin this half hour. to an update to breaking nose we've been following. hunting for hot spots after an early morning apartment fire that sent two people to the hospital, including one of the firefighters. just got an update from firefighters. she joins us from san jose with the very latest. >> fire captain on scene saying a dozen people have been displaced by this two alarm

fire. that the red cross is on scene offering assistant. the the good news is the flames are out. originally we told you that one woman was taken to the hospital for smoke inhalation. we've just learned that before that she actually had a little run in with police who rescued her out here. she's one of three adults living in the second floor apartment where the fire started on yellow court about 4:30 this morning. we just learned from the fire can't than san jose police actually rescued her by ladder. then in a bizarre twist, ended up in handcuffs for a short time. >> one occupant was not being cooperative in san jose pd had to restrain her for her safety and she is being evaluated by paramedics at this time. >> reporter: they have taken her to a local hospital, treating her for minor smoke inhalation. one firefighter is also being treated at a hospital for burns to his leg. he is expected to be okay. the cause, well, it is still too

early to determine. the fire is out. crews are going to stay on scene for quite some time checking for hot spots. live in san jose, "today in the bay." a firefighter has been released from the hospital after being injured on the job. injured while fighting a fire at the tequila grill on 14th street. apparently he hit his leg with a circular saw tearing his muscle and leaving a large gash. the cause of that fire is under investigation. new details this morning. a high-speed chase that wound through streets before coming to an abrupt end overnight. it started when they spotted a robbery suspect on the 3100 block. the 61-year-old suspect then jumped into a car. took off. ultimately crashing into a pool just outside a gas station at the interaction of de la cruz.

the suspect still in a hospital this morning. >> now to a story you only see right here on nbc bay area. a woman is hoping somebody can help her end her nightmare after she was robbed and beaten inside her very own home. she's asked us to hide her identity. this all happened this month. the victim says she woke up to find four men surrounding her bed. she says those men then grabbed her and put a pillow over her face. began to bunch her repeatedly. she believes the suspects got in through an unlocked door and they win side her home for about 15 minutes. before fine tale taking cell phones and then leaving. now the victim says she does not feel safe. >> i have nightmares pretty much every night. i see them and -- what's happening all over. and i'm jumpy. any little noise scares me. >> freemont police say they're hoping to have a sketch of one

of the artists as soon as today. they're also reminding everybody out there to make sure your windows and your doors are always locked. >> good advice. 6:34. cal state trustees will vote today on another possible tuition hike. the hike will go into effect in proposition 30 fails in november and the state cuts $250 million in csu funding. under the plan, students would see about a 5% tuition increase in january. in state students would pay roughly $150 more per semester. >> customers at two little caesars restaurants in the north bay are upset now. rightfully so. after getting hit with charges for food they bought months ago. dozens of transactions were delayed for as long as nine months. now those transactions are all starting to come through at once. one man was hit with a $300 charge for purchases he made way back in february.

the restaurant manager telling the santa rosa press democrat there was a problem with the bank that processes those transportation saxes and the owner says he didn't even realize there was a problem till he noticed a large slump in revenue at the restaurant. >> pizza costing you there. all right. let's check the forecast. a little cooler out there. >> it is. we still have low clouds around the bay area. the view this time from san jose. overcast skies. we're seeing temperatures running a lot cooler than you'd expect. especially by the time we get into the afternoon. 54 in san jose. look at the wind speed. gusty around some of the downtown areas of san francisco, around the building tops. winds at 25 miles per hour. those winds reaching into fairfield this morning. low clouds. we'll get some clearing like we saw yesterday and the day before. as we head towards the evening, low clouds spilling in and filling in once again around the

bay area this evening. hour by hour for your temperatures. lunchtime. you can finally still be fine in a jacket for most of the bay area. that's where we're going to see the temperatures. maybe near 80 in pleasanton. tomorrow, looks like a similar pattern. friday, a little bit warmer for the valleys. we turn cooler and breezy again for the weekend as temperatures drop off for the first weekend of fall. we're looking at a live shot of freemont. other side the bay, 101, moving nicely as well. north bay, 101 slows here. coming out of pet la louima. typical bat tern of traffic buildings right now. accident just south of petaluma. that's blocking one of your two lanes, causing that slowdown. rob has been talking about this. we are looking, highway 37 coming over. there may be issues through the

area. we see some slowing westbound on 37. over towards the interchange with 101. live look at the bay bridge toll plaza. we see the backup here. slow off the berkeley curve. the south bay shows the build. 101 now slow from basically the approach, just north of capital expressway, past 880. back to you. >> thanks a lot, mike. 6:37. still ahead, we know break-ups can be tough but usually not this tough. why a naval commander faked his own death. just to break things off with his girlfriend. >> really? all right. plus, a whirling ring of fire. you got to check this out. the rare and spectacular sight [ male announcer ] the magic of nature appears every day,

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. 6:how. 6:40. a submarine commander could be booted from the navy after investigators learned he faked his own death to end an extramarital affair with a woman who had become pregnant. saying he posed as a co-worker, e-mailing the woman, telling her ward had died unexpectedly. around the same time, that woman lost her baby. the woman found out ward was actually alive when she drove to his home in virginia to offer condolences. ward is a married father of two.

the navy removed him as skipper of the "uss pittsburgh" after the scandal broke. that is bizarre, i'm sorry. what a clown. >> very sad. all right. 6:41 now. pretty amazing video to show you this morning of a rare national phenomenon. >> we have video of it. a tv station photographer caught these images of a fire tornado that's happened in central australia. that's mind blowing. the way it ripped up the clouds there. it happens when a warm rising column of air picks up flames from a wildfire like a tornado just snapping it up. normally only last a few minutes but the photographer, he sticks on this one. so this one kept spinning for more than a half hour. that's called above and beyond the call of duty there. >> that's pretty amazing. waiting for the witch to fly by there, right? 6:41 now. coming up, another embassy shut yun as protesters continue to rage against the u.s. apple ups its game against

samsung ahead in business news. plus, the question is, did jesus have a wife? we'll tell you about the ancient text that some say could be rewriting a long-held christian belief. here you go little man.

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6:44. new this morning. anger over an anti-islam film produced in the u.s. now spreading to europe. the french prime minister says a planned demonstration by muslims in france will not be allowed to take place. during an interview on french radio, the prime minister said, quote, there's no reason for us to let a conflict that doesn't concern france come into our country. we are a republic that has not

intention of being intimidated by anyone. that low budget u.s. video continues to trigger a wave of protests throughout the muslim world including indonesia. the u.s. temporarily closing its consulate in that country's third largest city because the ongoing protests there. today, about 300 people rallied in front the consulate in north sumatra, calling on the u.s. to punish the makers of that film. now, in total, we can tell you 28 deaths worldwide have been linked to the unrest over that now infamous film. >> now to decision 2012. mitt romney may not be apologizing but he's doing damage control after a secretly recorded conversation at a fund-raiser went public. romney refers to 47% of americans who don't pay taxes calling them victims who rely on the government to pay for their food and housing. he went on to say those people are always going to vote for his opponent. those comments have led to heavy criticism. president obama responded last

night during an interview on the late show. >> my expectation is if you want to be president you've got to work for everybody, not just for some. >> in the context of what governor romney is saying is that we need to get people off of subsistence. that means job creation. >> a new associated press poll shows the two candidates are still in a dead heat. a third of low income voters support romney. more than half support president obama. more than a week behind schedule. today it's finally back to school day for 350,000 students in the nation's third largest school district after a seven-day strike. 25,000 chicago teachers have tentatively agreed to accept a new contract proposal from the city. under that deal, teachers would see a 7% pay raise over the next three years. and will now be rated on how well students score on standardized tests. this could still take weeks to finalize and determine if

teachers will approve the deal. >> want to check the forecast. >> we're still watching the last couple of days of summer feeling like fall. >> fall, already. >> yeah, we got some chilly temperatures this morning. we're watching the low clouds. main not so much this morning but friday morning we'll be looking at this very closely. the marine layer just to give you an idea, the bottom of those clouds near 900 feet. the top of the clouds, near 1800 feet. they'll fly around the golden gate bridge at 1500 feet. that would be right in the middle of that cloud layer. they're planning to do so at 9:00 friday morning when we should see low clouds break up. we'll keep our fingers crossed. half a mile visibility around the north bay where we have ground level fog. we got mid-40s in some of our north bay valleyings. mid-50s elsewhere. san jose, winds strong. you see the sea breeze reaching into fairfield this morning. winds up to 25 miles per hour. with the wind strongly on should highs today again 60s and 70s.

will be tough to find 80s on the map by the time we get into the afternoon. satellite radar shows weather system which has been sitting off shore is going to move inland during the weekend. this is the reason why we'll see cooling and breezy conditions on sunday. possibly around this area of low pressure, some mountain showers. we'll be watching that as we get into sunday afternoon. the low clouds are the big part of the story as we get clearing skies inland. cool temperatures with that all-day sea breeze. we'll see our numbers looking a lot like the last couple of days. around san jose, near 70. upper 70s south. loss garros should be in the upper 70s. mid-70s around dublin and castro valley. cool air follows out towards pleasanton. mid-70s around santa rosa. bundle up if you're heading to the giants game. tomorrow, looks a lot like today. friday should be the warmest day of the week. especially for valleyings. we turn cooler as the winds kick

up on sunday. >> picking up the volume. those are coming down because of this. we'll look at this spot as well as the rest of the vicinity. we'll see the slowing on 101 as you come up towards the area. where we see slowing in the orange right here. speeds down below 50. coming up towards the airport. spreads out a little more. not quite as severe as we typically see on a tuesday because this is wednesday of course. a little lighter flow. 87 and 85 showing a good deal of slowing. the surface streets also starting to show some slowing as the volume builds. a look outside at the maps for the east bay westbound 580 coming out of the pass, slows to north first. that bottleneck cleared. just generally slow in through pleasanton. live look outside shows you also what's going on as you cross the bay. the bay bridge, you still see some movement.

the backup coming off the berkeley curve. the 880 overcrossing on the approach to the bay bridge. another live look outside. coming over to the peninsula. a little lighter flow. that interchange, good stuff. back to you. >> all right, thanks so much, mike. new this morning. an attempted kidnapping of several people and a high-speed chase sends a officer and a suspect to the hospital in the east bay. >> reporter: good morning. freemont police chased that driver up mission boulevard right here to decoto road. police are questioning the victims. who are telling a scary story of that driver in a pickup truck. really aggressive in trying to get all three of them in the car. near civic center drive in

freemont, which is right by the police department. two them separated from the third friend but were able to flag down an officer. again, fortunately, this all happened very close to freemont pd. >> 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 and pointed it out to the officers. officers tried to flag down the vehicle. attempting to do a traffic stop. they were unsuccessful in doing so when the suspect took off in his vehicle. >> again that driver crashed where we are. >> all right, it looks like we're having trouble with her audio there. but the driver eventually crashed, was taken to the hospital, as well as the officer. >> 6:51 now. troubling new numbers on emergency room care at contra costa county hospital.

one out of every ten emergency room patients left without ever being seen by a doctor or nurse because of all the long waits. the wait times have been rising ever since a new computer system was installled in late july in order to allow to conversions to that new system. doctor/patient loads were cut in half. had to cut the number of available appointments in half as well. >> an early morning fire sent residents out into the cold. also, injured a firefighter. joining us live with an update on that situation. >> reporter: good morning. the fire has been out for more than an hour now. and fire crews within the last 20 minutes have started to leave which means the investigation into the cause can officially get under way. it was a smoky, tense situation when we arrived shortly after the fire was called in at 4:30. a ladder truck was attempting to rescue people inside the second floor burning apartment.

turns out san jose police rescued one of the three adults inside. all are said to be okay. eventually one woman was taken to the hospital for minor smoke inhalation. a woman who lives below says when the fire started she heard screaming and she and her husband quickly ran out. >> oh, gosh, it's gushing out of the window up there. we thought it would get ours but they said they didn't. and they found my cane. >> reporter: yes, they found carol's cane. they also found her dog. though she's unsure about her apartment. the captain says most of the damage is isolated to that apartment where the flames ignited on the second floor. the captain just came by. he says he's going to allow the reporters out here on scene to survey the damage inside that second floor apartment to see the damage for ourselves. in all, a dozen people are displaced. the red cross is on scene for

assistant. live in san jose, for "live in the bay." >> apple setting new records on wall street. >> it's also going to ask for triple damage against its arch rival samsung. scott mcgrew, that's millions of dollars. >> the law allows it. the korea times, which covers samsung pretty closely, says apple will ask the judge to triple the amount of money that samsung should pay. you'll recall, samsung found guilty of copying apple's iphone and ipad. they have been wrong in the past. it said samsung would file a lawsuit over the iphone 5 and so far that's not been true quiet day on the markets. yahoo! up about 20 cents after the company announced it had made billions off the sale of

ali babba, its chinese interests. we're not sure if they will buy back stock, we shall see. >> we'll keep tabs on it. happening now. you can feel it in the air certainly. fall is right around the corner. local vineyards are in harvest mode. bustling for hour. >> very cool to watch this too. it may seem a little too early for most of us. this marks prime harvesting season. today, he's out there weathering the cold. right in the thick of it in livermo livermore. how's it going? >> yeah, john, laura. we're here in livermore. right above us is a grape press. this is where they put the grapes in. and of course the stuff they don't want which is all this garbage which actually turns into compost is what you have left. the wine maker here. these are actually some of the grapes we saw you picking. a couple hours ago. >> a couple hours ago. >> this is a decision that you made a couple days ago that's

going to affect wine that comes out on the market what? >> ten months from now or so. and then people are going to be drinking it for a year after that. you're really making decisions that affect a year to two years in advance. it makes it pretty fun but also pretty crazy. >> how do you wrap your head around that? >> you just have patient. i always think about the lord grant me the wisdom to know what i can control and not control and you just control the controllables and do what you can. >> we were out there in the w hours. we were looking at mechanical harvesters. much different technology. how does that affect the quality or does it at all? >> manufacture harvesters do such a good job. it picks the fruit so darn clean. one of the critical things about machine harvesting is you can do it at night and the fruit comes in cold. cold fruit retains those beautiful fruit flavors that only mother nature can grow. >> you want to see some of this juice? it's coming fresh out of the press? >> yeah, absolutely. >> after you get all the stems,

that's the juice right there. oh, it sounds like the bladders have been started again. may we? 2012 vintage. >> i know this vintage, around wednesday morning at 3:00. this will be which wine? >> morning fog chardonnay 2012 livermore valley. >> there you go, we're actually a couple weeks into it. live in livermore. >> i think it should be the "today in the bay" edition. >> nice work, bob. >> want to sample the goods, there's a forecast for you. we said it feels like fall. >> we're watching that morning fog edition around many parts of the bay area. livermore. comfortable to start harvesting some of those grapes. our afternoon temperatures will be cool enough to wear a jacket. only near 70 in san jose. there you see livermore, 78. little bit warmer for our

valleys come friday. >> the bay bridge, obviously going to have a backup. slowing down the east shore freeway. here, the commute direction for the tunnel, that's the big issue. because there's now a car with one of your westbound bores so take your right bore. expect the slowing coming over. also slow now coming over towards the tunnel itself. breakdown at the rancor road and also as you approach the tunnel in one of your westbound bores. live in the peninsula. not causing any be pros. just building your volume. lindsay lohan, america's favorite mean girl. >> she's in trouble with the law once again. she was arrested early this morning in new york city after police say she hit someone with her porsche. the actress was maneuvering around a crowd in an alley near the popular club when it all

happened. witnesses say she brushed against someone with a car. police issued her a ticket. the man she hit was taken to the hospital with a knee injury. dark cloud been following her. >> this is an interesting one, a lot of people talking about this morning. a new discovery that could change the way worshipers view christianity. >> a professor says jesus could have been married. she may have some proof. she recently translated scripts. mentions jesus talking about his wife being his disciple. christian tradition has long held jesus was never married. the professor says we should still be cautious here because it was written centuries after the time jesus was said to have lived. the vatican has not yet responded to the new findings. we'll keep you posted on this one. >> hope you have a great day. thanks so much for joining us this morning. we'll be back at 7:25 with a local news update and every half hour after that.