new this morning, on trial. the men accused of the september 11th attacks prepare to appear in court in guantanamo bay. and new details surrounding the chevron refinery fire in richmond, including the possible link to a past fire. plus we could soon find out if the bay area will be home to a future super bowl. let's take a live look outside this morning. hardly anyone on the roadways, but it is early. only 4:30 on monday, october 14th. this is "today in the bay." good morning. thanks for being with us, it's 4:30. i'm marla tellez, jon kelleyes off today.

>> and i'm laura garcia-cannon. first let's check the forecast. >> good morning to you at home. it's like pea soup out there this morning, we have some really thick pockets of fog and we really want to make sure you're aware of that as you don't want to be rushed out that front door an have to deal with the thick fog. right now we're seeing the most dense patches up in the north bay where there's just a half mile visibility in santa rosa. looking a little better in san jose but it just depends on where you're headed this morning. just watch out for thick pockets. you'll likely lose visibility at some point on your commute. we'll continue to update you on this. otherwise there's a major warmup on the way. temperatures headed into the mid-90s. let's check your drive, here's mike. >> there's potential for dense fog throughout portions of your commute but mostly shrouded in clouds around the freeway. the freeway itself looking all right as far as speeds go. no construction right now overnight on the approach and

that's great news. we take you to the south bay, san jose. look at all these glowing lights. it is a little tough to see with the low clouds shifting around so keep that in mind, back to you. it's 4:32. this morning the family members of those who died in the september 11th attacks will come face to face with some of the men who allegedly planned those attacks. ájjt allowed to watch a closed circuit broadcast of today's pretrial hearing from several u.s. military bases. the rest of the public will not have access to this video feed. the court session is being held at guantanamo bay in cuba. five suspects including the alleged mastermind have been charged in the terrorist attacks. antioch police looking for suspects in a double homicide this morning. someone shot a man and woman to death near the pittsburg/antioch border. it happened around 5:30 yesterday night. the man died at the scene. the woman died a short time

later at the hospital. antioch police have no motive or suspects at this time. san francisco police are trying to figure out what caused a football fan to stab another fan near candlestick park. it happened near harney way and jamestown avenue just as yesterday's game was getting under way, the 49ers versus the giants. police say a 27-year-old man from elk grove was with a group of friends. an argument started and someone stabbed the 27-year-old. police arrested a 22-year-old man from daly city and 30-year-old man from san francisco. closing arguments begin today in the trial of a man accused of killing a musician. he is one of four men accused of gunning down dewey tucker on interstate 80 in 2010. he's also on trial for the death of a santa rosa man in 2011. they thought tucker was a rival gang member and killed him.

they say it was vega who pulled the trigger. the three other men have already been tried. one was acquitted of murder. two others pleaded no contest to lesser charges. a san jose city councilwoman accusing police of delaying their response times on purpose. rose herrera sent a mailer to voters claiming police are using tactics against the city in retaliation over pension reform. this weekend her critics, including the mother of a police officer who was killed on the job, held a news conference blasting herrera's claims. >> if she believes cops and firefighters don't do all they can to get to an emergency, she is delusional and, therefore, unfit to serve. >> according to an investigative reporter for the orange county register, the alleged tactics are part of a playbook developed by a law firm that represents 120 police unions to use when contract negotiations have hit a wall. herrera says police have not

denied the existence of that playbook. >> my issues with the union leadership and i find it curious that the mail piece that they referred to, they didn't deny its existence and didn't refute what it talks about. they simply continued their hatred attack against me. >> herrera is running for re-election in san jose's district 8. the corroded tie which is believed to be the cause of the fire at the refinery is being linked to another fire last year. the much smaller fire was october of 2011. documented allegations of corrosion from two workers. that fire happened during a scheduled maintenance shutdown and was quickly put out. at the time officials said the corrosion that led to the fire was unexpected and an investigation found nothing unusual. 4:35. voters in san francisco won't

have to wait as long for election results this year. the department of elections says it will release preliminary results of ranked choice voting on election night, november 6th. in the past those results wouldn't be posted for days and that left many guessing where the second and third choice votes would go. the preliminary results will be released after polls close on election day. an updated version will be released a few hours later. the final results will be certified about ten days later. the bay area finds out today if it's on the short list to host the super bowl in 2016. while the game would be played in the new 49er stadium in santa clara, much of the party would be held in san francisco. that means san francisco will also reap the lion's share of profits that come with the super bowl. santa clara's mayor says it makes sense to him. >> we're all one region, the san francisco bay region. santa clara, we have a mission going back to the mission and

pres p presidio. >> you may recall the last time the bay area hosted a super bowl was back in 1985 at stanford. the nfl requires a team to play at least two full seasons in its stadium before hosting a super bowl, so 2016 would be the first chance the 49ers would be able to host the event. what a venue if it all happens. we'll keep you posted. the weather was better than yesterday's niners game. >> anything was, right? >> christina loren, take a look at the forecast. >> i think it's no coincidence jon kelley is off today. 4:37, i want to start with this live picture. this could be just about anything but this is actually san jose. we have a lot of dense fog out there this morning and the places where we don't typically get it and that is your inland valley. all the way from livermore down

through san jose you're going to find that scenario. 57 at napa, 57 in san francisco. take you down south to gilroy at 55 degrees. that's where we have very thick fog. in fact it's so thick down in gilroy that we're not even picking up visibility meters, so it looks like we'll head throughout the next few hours with this very dense fog. what's going to happen, we stop the clock right at 11 and it's all pushing back out to sea. high pressure is forcing that marine layer back to the surface but that marine layer only takes a couple of hours to clear so it's going to be pretty nice today. in fact i'm forecasting 85 in places like livermore, 74 in san francisco and 78 right here in san jose. now, those giants will hopefully have a little better luck today as well. we'll have the forecast for them coming up. our hearts are with them and we have not given up any sort of hope, have we, mike? >> oh, no, no, no. down one game, it's a best of seven series. i want to show you the big

contrast. this is highway 92 on the hayward side of the bridge. on the peninsula side it's tough to see because of that fog. there are the folks approaching in the westbound commute direction on the high rise. we'll look at the palo alto camera and low clouds hovering around. visibility on the road itself is just fine but off the road it's a little hazy as far as our view, but again safety is not an issue for these folks driving. here's the south bay, i showed you the earlier camera that christina also showed through san jose, but overall the speeds are looking just fine. the yellow dipping down to about 60. if visibility becomes a concern, just lower down. 65 is the speed limit any way. the giants are still trying to figure out how to win at home. they lost the first game of the nlcs championship losing 6-4. so far this postseason they haven't won in front of their

home crowd. fans walked away disappointed but hopeful. they're looking for a repeat of two years ago when the giants went all the way and won the world series. >> you can feel it here. you can feel it in the stadium, you can feel it all around the stadium. everybody is really pumped up. it really feels so much like 2010. i really feel it. >> game two is tonight at 5:00. coming up we'll have a live report from at&t park. coming up, a new possible lawsuit over predatory mortgage loans. a major company that could soon find itself in hot water. plus a new free music service that's giving pandora a run for its money. details in a live report. and three weeks until decision day. the presidential candidates getting ready for round two. we'll have the latest on debate prep. and for all your news, weather and traffic, just check us out on facebook. just search nbc bay area. it's 4:40. stay with us.

welcome back, everyone. taking a live look outside from the east bay this morning, this is from fremont. but you notice a lot of haze and fog starting to really settle across the bay area. christina has a look at when it's going to clear. it could be a rough morning commute.

allow a little extra time, 4:43. a new health study could leave some worried parents at ease. researchers at kaiser permanente say use of the hpv vaccine does not increase sexual activity among girls. those who received the shot were no more likely to get pregnant than those who did not. some parents were concerned the drug could lead to promiscuity. it's recommended for preteen girls and boys. it helps protect against certain cancers. a new push is under way to get the social security administration to help crack down on predators who are targeting senior citizens. senate leaders want the agency to increase safety measures. it comes after recent reports of tens of thousands of attempted i.d. thefts involving government checks. through a simple phone call thieves would deposit checks using only a social security number and a birth date. they want better verification before a check is cashed. the american civil liberties

union is going after morgan stanley and there's a new music service coming to xbox. for that we turn to courtney reagan live at cnbc world headquarters. courtney, good morning. >> reporter: hi, good morning to you, marla. futures are higher after the markets turned in their worst week since the beginning of june. stocks are up a bit as alcoa cut its global demand. chevron said it would report much worse sales. citigroup reports this morning and we'll hear from ge, microsoft an intel. we'll get data today on retail sales and business inventories. the dow edged up 2 points friday to 13,328. the nasdaq slipped 5 to 1344. the aclu will sue morgan stanley over predatory mortgage loans made to african-american borrowers. the loans were made through subprime learned new century financial which went bankrupt in 2007. the aclu claims morgan stanley

is culpable because it lent billions of dollars to century. they packaged subprime mortgages to investors and pressured new century to make loans to people who couldn't afford them. microsoft is hoping everyone has long forgotten about the zume. they are launching a new music service on tuesday. it will also offer premium subscription service that is ad-free. you'll also be able to download more than 30 million songs to own from the xbox store that is actually more than itunes. the service will initially be available only on the xbox will will expand to smart phones when microsoft launches windows 8. >> thank you, courtney. don't let the fog surprise you before you head out the door this morning. >> yeah, it's pretty thick. we usually don't drop off to quarter of a mile in multiple

cities. let's start off with this live picture of the golden gate bridge. from time to time you can see the thick pockets of fog swirling around and that's the general nature of fog. it does not stay stationary, it moves around. so you might walk out your front door to a completely clear view and it drops like a rock on your way to work. you can see here in san jose we're dropping off. one of the cities where we traditionally don't lose visibility this vicly. it's that time of year. we're still headed towards the 80s, mid-80s in the warmest cities across the bay. we're nice and mild in oakland this morning at 61 degrees. now we're down to half a mile visibility from santa rosa down through napa and novato. now san francisco and san mateo starting to drop off. you just want to give yourself plenty of time to reach your destination safely this morning. highs are going to be comfortable this afternoon. 85 in livermore and 84 in

fairfield and we continue to climb as we head throughout the next few days. high pressure is still in control but we have a weak disturbance that's going to come through today and that's also going to help for a little bit better off situation when it comes to winds picking up. that will clear out the fog earlier than normal so you'll see the fog lifted by 9:00 a.m. where as traditionally you'll to have wait until 9:00 a.m. or noon. look at the warmup. 90 degrees by wednesday. we'll keep on climbing into thursday. by this weekend another disturbance rolls through that will drop your temperatures into the 70s, postentially bringing s another round of rain showers but nothing staying steady as we transition into mid-october. it's the 15th day of october, can you believe that? >> thanks so much. now moving on to decision 2012, both presidential candidates cramming for their second debate. it's scheduled for tomorrow night. political insiders say this time around the gloves are coming

off. tracie potts has the very latest. >> hello, everybody. hello, hello. >> reporter: president obama taking a break from his weekend debate prep. advisers say expect a more aggressive president obama to challenge mitt romney tomorrow night. >> he's got to be more energetic. i think you'll see somebody who's very passionate about the choice that our country faces. >> we saw governor romney sort of serially walk away from his own proposals and certainly the president is going to be willing to challenge him on it. >> the president can change his style, he can change his tactics, he can't change his record and he can't change his policies. >> reporter: mitt romney is doing debate prep on the road. saturday he was in ohio. >> i need you to get other people who voted for barack obama to come join our team. we need ohio. >> he can probably win the presidency without ohio but i wouldn't want to take the risk. no republican has. >> reporter: romney has done 34 events at ohio since the

republican convention, 11 since his last debate. his campaign says they signed up thousands of new volunteers there. polls now show president obama's lead in ohio narrowed to just over one point on average. but the president has a big advantage, 18 points, among early voters. and the latest washington post/abc poll has the president up by three percentage points, virtually unchanged since the last debate. tracie potts, nbc news, washington. politicians from both sides of the aisle are paying tribute to former pennsylvania senator arlen specter. specter died yesterday after losing his battle with non-hodgkin's lymphoma. he was first elected to the senate in 1980. a long-time moderate republican, he made the headlines in 2009 when he announced he was switching to the democratic party. specter lost the democratic primary in 2010. during his tenure on capitol hill, he was the chairman of the senate judiciary committee and played a key role in many

supreme court nominations. he was 82 years old. funeral arrangements have not been announced. it's 4:51. the journey is finally complete. after three days and a few snags, "endeavour" has made it home. when you can see it on display next. and we're looking outside. look at that, 880 is visible but we also see the effects of the low clouds and fog. we'll talk about that for your morning commute as well.

welcome back, everyone. a good monday morning to you. the space shuttle "endeavour" finally home this morning. thousands of spectators greeted the orbiter yesterday as it arrived in california at the science center in los angeles. it was supposed to have made it back on saturday, but the hauler carrying the spacecraft sprang a hydraulic leak. tree trimmers were also called in to make way for its 78-feet wing span. it caused a 17-hour delay but people living in the area didn't seem to mind. they were just happy to see a part of history. >> it's just a happiness and the joy that it brought. lovely, wonderful, awesome, all the adjectives that you can think of. all of them. >> pretty amazing there. the space shuttle "endeavour" will be on public display later this month. plans are under way to construct a new building for that orbiter. you see a lot of things in l.a. now you've seep it all.

>> you won't find that on any bay area roadways, but a whole lot of fog out there. >> and also for l.a., 17-hour delay, not so bad. over in oakland we do have some slow traffic. 880 moves smoothly but it's tough tore see the lights. we'll look at the golden gate bridge as well. the fog advisory for the bay bridge, let's check out the golden gate bridge and we see those glowing lights but you can still see around the bend so visibility as far as your driving conditions are all right here. we'll take you farther north through san rafael. no construction overnight on the bridge itself or past sir francis drake. we'll look at petaluma, we're looking at the orange which means we're picking up some fog and mist that will affect your visibility. so just a note for the north bay drivers. christina is watching as it drifts around. back to you. 4:55. this morning austrian adventurer felix bumgardner is celebrating

the success of his death-defying jump from the edge of space. a helium balloon carried his capsule almost 24 miles to the edge of the atmosphere. then he jumped from 128,000 feet breaking the previous freefall record of 103,000 feet set in 1960. he is the first person to break the sound barrier with his own body. while he survived, there was a scary moment when he ended up in an out of control tumble. >> i was trying to find out how to stop this. i was putting one arm and it didn't work, putting the other arm out. you're always late because when you fall at that speed and the suit is pressurized, you don't feel the air at all so it's hard to pretickdict what you have to >> he reached a top speed of 134 miles an hour. rob wilson, come on down. who's he?

the winner "the price is right" first male model search. wilson, a model/actor from boston beat out hundreds of hopefuls. the finalists competed in a series of challenges on priceisright.com, including they had to right their own lyrics to the iconic theme song and showing their excitement as they were each called to come on down. wilson made it to the top three. fans voted and he won. he said he liked "the price is right" so much as a child he would fake being sick to stay home and watch it. >> that is truly a fan. >> i want to hear those lir sgl -- lyrics. the giants continue to work their way back to another world series. a live report is coming up.

case closed. south bay police say they have captured a serial arsonist.