case, which alleges police misconduct. >> in the meantime, one of o.p.d.'s reinforcements is pulling out of town. the alameda county sheriff's department is ending its control after failing to come to an agreement with the city to extend its contract. however, the chp did extend its contract this week. they will patrol oakland as many as four days a week. the new agreement will go before the city council for approval on may 7th. a prominent city attorney fighting to keep her law license after admitting to smuggling a hit list out of jail. kristy sn christie smith is live. >> reporter: lawyers for the state are expected to be here in san francisco a little later this morning to say that attorney lorna brown should effectively be disbarred from practicing law for allegedly smuggling this hit list from jail from her client, a list of

people that were apparently marked for death or intimidation. she is a former attorney for the once leader of the black organization in oakland. brown has admitted she took his hand written notes after meeting him in jail in 2010. the people on this list were witnesses against bay. that, according to the article. he was convicted for murdering chauncey bailey and two other men. she said she thought the papers she obtained were only love letters to his girlfriend and sermons. the list ended up in the car of a felon who called himself bay's number one soldier. she faces an ethics violation. the trial today should determine what her punishment is.

reporting live in san francisco, christie smith, "today in the bay." it is 5:04. things are starting to get back to the way they were in the city of west texas. less than a week after a deadly fire and explosion at a fertilizer plant. 1500 students returning to class in nearby waco after the school was damaged by the blast. it comes after a four-block neighborhood was reopened on sunday. the area closest to the fertilizer plant still remains off limits. 14 died, more than 200 were hurt. investigators are still looking for the cause. this thursday, president obama will attend a memorial service for victims. white house officials have not said yet if the president will tour the devastation site in west texas. mosquito fogging underway in a remote part of contra costa county moments ago. the area surrounding bethel

island was fogged. this includes the area just south of it including holland tract road. the work should be over in an hour and a half. >> mosquitos, usually around summertime, it is going to feel pretty warm out there. rob mayeda in for christina. thanks to some north winds overnight, which is kind of rare to wake up to numbers like this. livermore, 67 degrees. 66, napa. santa rosa. the locations waking up to these mid and upper 60s benefiting from north winds. you can see the north wind at 18 in fairfield. the reason we have a wind advisory up for solano county. not much wind around san jose. completely different story. for the coast, south of san francisco, we have patchy fog, gusty conditions inland. highs in the mid-80s. 70s and 80s today and trending cooler. highs today, san francisco, still climbing into the 70s. 78 in oakland.

closer to 80 in san jose. mid-80s inland today. what you will notice in the seven-day forecast, temperatures starting to drop off start willing tomorrow. you'll notice a little bit of cooling effect as the winds turn on shore and then morning miss the coming our way. your forecast for the weekend looks pretty nice. >> the weekend always looks nice despite the forecast. we are looking to 880. look at the tail lights northbound bunching around high street. a traffic break a few minutes ago. you notice the lights pushing you over have cleared. they are moving crews from high street and north of there. you may see another traffic break coming through downtown. to are a couple of minutes, there was some slowing. lighting up yellow slowing through that area. no problems. those things should clear up in the next few. you are okay on your drive through oakland for both directions. castro valley "y," i have may arrow pointed there. no problem.

north 238 off of there as well as 880 a smooth drive through hayward for both directions. we are also looking to the south bay with 101 and 280. no problems through the area. a little slowing shows southbound 101 through the area approaching 680. no problems and a light volume of traffic, though. those censors adjusting. we all need a little stretch in the morning. i'll send it back to you guys. san jose's police chief wants more cameras to observe the city. the chief is asking for cameras up and down market street. it is the back drop for many large scale events, including races and parades. business owners we spoke with welcomed the idea. the local aclu chapter is skeptical. >> the security is going to help. i'm sure they are going to help. >> i like it. secure everybody. >> we know that video cameras, unfortunately, don't prevent or reduce terrorism.

we do know that video cameras are expensive and invasive and ripe for abuse. >> there is no specific plan detailing where new cameras would be installed who would you guess is the most successful team in the bay area? the giants, a couple of world series, 49ers, the a's? no, none of the above. it is a high school football team in the east bay. this morning, filming for a movie about the dabout the de l sal's game. jim will step in to play the coach. that film is all set for release next fall. friday night lights was a huge

hit, a book turned into a movie, was a huge hit. looking to boost his travel business. plus -- >> reporter: good morning. i'm bob redell live here in the south bay waiting to get on to nasa ames for a very unique test flight. one of the world's largest solar airplane about to take flight. we will take a look coming up in business.

welcome back, everyone. taking a live look outside in downtown san jose. temperatures so warm, rob mayeda, in for christina, tells us it is approaching temperatures in the 70s already. it is only 5:12 in the morning. a look at the forecast coming up. that vacancy sign will be

burning bright in silicon valley. merc news reporting hotel developers are looking at 650 new rooms in san jose trying to attract more business travelers. 175 of the new rooms expected to be added as early as next year. they enjoyed an increase of more than 20% increase in hotel revenue from the previous year. that is the highest increase in the entire state. san jose-based ebay is losi losing a battle in the round. it would allow states to require online retailers to collect state and local sales taxes for internet purchases. states right now can only acquire an online sales tax if they have a physical presence in the state. ebay is claiming it will hurt small business and opposing the bill new information from the blogger that posted the first pictures of the shootout between the police and boston bombers. >> these pictures from andrew

kitzenberg, you will remember. you will recall he had the one photo of the bullet hole in his office calendar. he has published all of his photographs and given each one some narration explaining what was happening on the website. most interesting in the photograph is where the older tsarnaev pulls one of the pressure cooker bombs out of the car and throws it toward police. here is a picture of the bomb. we had not realized how far police were. these are the two brothers here and the bomb on the ground. kitzenberg says they were nearly a football field away. when tsarnaev tossed that bomb, it acted more like a smoke screen than an effective weapon. let's talk about netflix. those shares set to jump. they say they have more subscribers than hbo. 29 million total. netflix up 25% in after-hours trading for a look at the rest of

the market, let's check in with courtney reagan, live at cnbc world headquarters. good morning. good morning to you, scott. futures are lower after markets posted modest gains on monday. the dow will go for its 15th straight gain today. we have a ton of earnings including dupont, travelers, delta airlines and us airways all shaping the market. apple in focus as it reports results amid a free-fall in the stocks in recent weeks. shares have dropped 43% considering the all-time high above $700 a share in september as investors worry about soft demand for iphones and ipads. the nasdaq up 27 to 3233. back to you. >> courtney, thank you. 5:15. space ex has tested its grass hopper rocket flying higher than it ever has. grass hopper is the technology that helps rocket parts return to earth. this isn't running backwards.

this is the rocket descending. that's johnny cash in the background, ring of fire. the rocket uses a ring of fire. watch it land. this is absolutely extraordinary. touch down right where it started. this would be the first stage of the rocket to get to space. after its job is done, it flies home. it goes back to the launch pad. the video from up high shot by a drone by the way. so i think we can say it is a winner. >> it is amazing the things he has. >> backwards flying rocket. his drones, his -- thank goodness he is a good guy. >> he has a big, old brain. a lot of money. speaking of flying into the future, so to speak, a plane that needs only the sun's raise to flies. it is taking off for a test flight. "today in the bay's" bob

redell is live in mountain view where the world's first long distance solar airplane is just now getting warmed up. bob, good morning. >> reporter: good morning, jon and laura. right now, we are waiting to be escorted past security here at nasa ames. we have taken to the runway where a crew is readying solar impulse for its takeoff at 7:00 a.m. if you are going to be going up and down 101 this morning, you might want to take a look at moffett field. you might see this beautiful aircraft taking off. what's remarkable is that once it takes off, it will stay aloft until 11:00 tonight nonstop without burning one drop of fuel. it's going to be up for 16 hours, no landing in between. 16 hours, nonstop. instead, it will get its power from its solar panel that cover the very long wings. you have 12,000 solar cells on a wingspan wider than a 747. the plane weighing about as much as a small car and is powered by four motors that in all produce

less horsepower than a vespa scooter. test flight is in preparation for next month's first cross country trip by a solar-powered plane. it will be done in five legs of 24 hour nonstop legs. powered by the sun during the day, solar charged batteries during the night. the plane itself could fly nonstop between here and new york but at 40 miles an hour, no pilot can stay awake that long. there is no backup pilot since there is only room for one. the cockpit space is so tight that the pilot toilet is actually located in the seat itself. so if you are out and about today, you can see this plane. it will be flying throughout the bay area. a couple of milestones around 3:00. they are going to try to fly over the golden gate bridge. sometime between 6:00 and 8:00 tonight, during the commute home, they will be over the bay bridge. at 11:00, the plan is to land back here at moffett field. 7:00 takeoff from moffett field.

it is my understanding it will be taking off in a northerly direction over the bay. you might not have it flying over 101, something to keep your eyes out for, quite a sight to see. we are going to try to bring that to you live. reporting live as the timing permits. bob redell, "today in the bay." in for christina loren to tell us about a balmy day. lots of sunshine, warming temperatures, maybe not quite as hot as yesterday. the interesting part of the forecast is how wildly different the day is to get your weather started. inland, we've been close to 70 degrees this morning. out towards livermore, fairfield, napa and santa rosa. look at the wind direction out of the north. still pretty gusty into napa and solano counties. wind advisory up through 2:00

this afternoon. it is taking place as we get air moved down towards sea level. it will start off in the 50s and 60s. as the air drops in elevation, it continues to warm up and the air continues to dry out. by the time you get down into livermore, numbers in the upper 60s and humidity levels down to 17%. not too far away where you don't have the wind. san jose and oakland seeing much higher levels and patchy fog along the coast. dry and breezy in the hills, foggy on the coastline. the winds in the hills firing up that pollen, which is still very high for mold, spores, ash, oak, and mulberry in the high range. air quality moderate for most locations except the east bay. around the bay, 70s and 80s for highs. mostly mid-80s inland. we are watching that fog creeping up the coast. those north winds we are seeing in the hills will slowly back off this afternoon. that will open the door for more

fog and cooling come tomorrow and thursday. close to 80 in san jose. mid-80s towards the tri-valley. 72, san francisco. 80s into the north bay. the sea breeze will eventually win out in this forecast as we go through the week. cooling a little bit more tomorrow. the low clouds thickening up by thursday morning. you may need some windshield wipers and drizzle. thursday, things rebound temperaturewise just in time for the weekend. >> we are looking out here, folks. one of your first thoughts for slowdowns, highway 4 westbound coming off of the antioch bridge. the earlier stall eastbound has long since cleared. your commute starts to clear up. typical pattern over there. by the time you get over here towards vasco, things were starting to clear out. slow towards livermore. it will cut off there first and into the city itself. there is slowing itself. heading down towards the area.

the dublin interchange still looking good. no delays through sunol. the b.a.r.t. lines through the area. really nice with no delays there or any of your other 38 trains running on time for b.a.r.t. muni, above or below the ground. caltrans showing a normal weekday schedule with no days up or down. a nice, easy, light drive. moving smoothly to the south bay where i showed you a light, ease why i drive. 101 up here. southbound is the direction for your commute coming down through san rafael. nice flow of lights just bumping up. east shore freeway right here moves smoothly. you are at the limit over through berkeley, around the berkeley curve and no backup at the toll plaza. things are shaping up nicely

this traffic tuesday. back to you. teenage drivers here in california could soon face some new restrictions. a state assembly transportation committee approving bills requiring a driver's education course for those 18 and 19 years of age. teens would also need 50 hours of supervised, behind-the-while training. a provisional license valid for one year would be issued. it restricts passengers under 21 and limits driving until 11:00 p.m. supporters of the measures hoping to reduce teen driving accidents and deaths. that bill heads to the assembly appropriation committee. asking in theory to send your messages doesn't seem to be any safer. hands-free texting just as dangerous as regular texting. usa "today" reporting the study finds drivers took twice as long to react to a hazard compared to when they were not texting,

which is not surprising. drivers spent less time looking at the road no matter which kind of texting they were using the warriors get set for the second playoff game. with their game. what the coach is saying about it this morning.

welcome back tuesday morning. a live look. the golden state warriors back in the playoffs for the first time in six years out on the road not playing at home. hopefully, trying to get back together tonight. we will tell you about that now. 5:26. >> they are trying to even up the series against the denver nuggets during game two. >> that's not going to be easy. the team doing it without their all-star david lee, still a guessing game on who will replace lee in the starting lineup. if you remember, lee tore his

hip flexor after he was fouled hard and fell during saturday's game. that is a very painful injury. coach mark jackson says he will will reveal his decision and start tonight. >> still considering who it will be. a lot of options and we'll move forward. >> the nuggets beat the warriors, 97-95 saturday. game two tips off tonight in denver, 7:30, our time. too bad you are working. >> fortunately but that's how it works. good luck to the golden state warriors. 5:27. let's check back in with rob mayeda in for christina loren. wild conditions around the bay area. mid-50s inland, 60s on the coast. temperatures in the mid-80s inland. 70s closer to the bay and cooling conditions as the sea breeze turns on heading into thursday. back to you. >> thanks so much. 5:27. still to come on "today in the bay." a prominent laura cuesed wyer a

smuggling a hit list out of a jail.

after the acting police chief reverses a policy that could bring back the practice of curb sitting mentally ill patients are being shipped to the bay area with no plans for their future. the investigation coming up. we're tracking fog on the coast and warm, breezy conditions in some of our hill tops we are already seeing the pickup for the number of head lights and tail lights through fremont. we will show you your east bay re red zone coming up. a live look over san jose.

city hall on a nice start tuesday, april 23rd. this is "today in the bay." from nbc bay area, this is "today in the bay." good morning to you. thanks so much for joining us. i'm laura garcia cannon. >> i'm jon kelley. good morning. san jose's community leaders, an activist, a new decision to suspend a policy aimed at reducing racial profiling. "today in the bay's" marla tallez live in san jose. she has the latest details and an update. good morning. >> reporter: earlier this morning, i reached out directly to the san jose's police department's public information officers asking him if we could get some comment about this, why acting police chief larry escovel suspended this policy that could bring back curb texting. he said in short, the acting chief is working with his command staff to address this issue. that's the response we got.

the idea this controversial practice of curb sitting could be making a comeback is upsetting in such groups like the ncaa. they think it is a form of humiliation that unfairly targets minorities. they have to target all stops they make, taking notes of the person's race and whether they were told to sit on a curb. we spoke to the local naacp press that sits on a board. he wants escovel to rethink his move. we have expectations of him and the department as a whole to come around while we do not have a chief and put the plan back in its proper place. >> just as this is making waves arks bit of good news for the san jose's police department. the city's independent police auditor released her annual findings. she says complaints were down 7% from the previous year and that

includes complaints of racial profiling. the question is, will escovel's reversal inspire more complaints for 2013. the judge will present her findings one week from today on april 30th. a prominent defense attorney admitting to smuggling a hit list out of jail. they are fighting to keep her law license. attorneys for the state are going to be here saying they are going to be disbarred smuggling a hit list. laura brown is the former attorney. once the leader of oakland.

she admitted she took his hand written notes from jail hiding them in legal papers and passing them on to a bay family member. he was convicted of ordering the murders of journalist, chauncey bailey and two other men. she said she thought they may have been love letters to a girlfriend and additional notes to his mother when she got them. the papers had the names of witnesses against bay and days later, those papers were found in the car of a man who describes himself once as a bay soldier for the family. now, brown has faced an ethics violation, a possible two-year suspension. then, the state supreme court rejected that. losing a law license is very rare here in california. only happens about 1% of the time. reporting live in san francisco, christie smith, "today in the bay."

5:34. a san francisco city attorney wants to know why dozens of mentally ill patients are being shipped to the bay area. they claim rossen neal psychiatric hospital bussed patients out of town. at least 36 ended up in san francisco with nowhere to go and no plan for mental health care. they most likely end up in already crowded homeless shelters or on the street. >> taking advantage of our most vulnerable putting them on a one-way ticket to san francisco. >> you can get what you want in san francisco. they will take care of you. it is true, we will but come on. >> they have found two patients who arrived on a bus from nevada. city attorney's office has investigators looking for patients. the nevada department of health and human services investigating the las vegas hospital. >> an interesting story to an update, an update from last

summer. san francisco now set to help cover a $9,000 bill to care for a dog that attacked a police horse. 2-year-old charlie, a pitbull mix, bit and chased a parked police horse last year. he was set to be euthanized but thanks to an agreement between charlie's owner and the city, the dog will go to a rescue organization. he has been in animal care and custody since the attack. yesterday, a judge ruling the city and charlie's owner will now split that bill. >> it is 5:36. santa cruz officials will vote on summer water restrictions today. city water officials recommending the restrictions on nonessential uses after an exceptionally dry winter. they say sparse rainfall along with increased state regulations designed to protect threatened and endangered fish have led to another marginally low water year ahead. it is aimed to save 100 million gallons of water. >> you are going to need a cool

drink today. the temperature is going to creep up. i want to check in with rob mayeda in for christina. >> yesterday, we broke records. upper 60s right now. a cool 51 degrees in oakland where the winds are light. you have a little bit of patchy, low clouds. where the winds are gusty, quite dry and warm. wind advisory out towards solano crownty until 2:00 this afternoon. thick fog if you are heading south. around the bay, 70s and 80s today. inland. at least one more day, mid-80s. the north winds will back off. that's going to allow a stronger sea breeze by this time tomorrow morning. your temperatures early afternoon. notice the areas showing up in orange, mainly north and east bay valleys climbing into the low 80s. towards 4:00, into the south bay, we should see some 80s for a while. the sea breeze cranks up by 7:00. eventually, we will see low clouds moving back across the

inner bay heading into tomorrow morning. temperatures from here cooling off. still another warm day inland and much cooler by thursday and friday. highs almost 20 degrees cooler than today. mike? we are looking at the bay brinl. this is a relief. a smooth drive. no surprise. westbound, the deck heading up the incline, over towards treasure island, the tail lights moving smoothly. picking up the number of cars but no backup at the toll plaza. the east shore freeway marked with the arrow. you are at the limit. berkeley and emeryville, nice smooth flow off the bridge. slowing around cherry glen through solano county. picking up some overnight construction. watch fairfield. westbound highway 4 and no surprises here. by the time you get to pittsburg and bay point, things start to clear up considerably for highway 4. that is the point where things jam up off the antioch bridge. we have some red coming off the 205. smoothing out and picking up that volume around north first

as you are heading towards livermore. 84 heading down to the bottom of the screen through livermore. a slower drive now. no problems for 680. 101 off of 680. a live look shows you that volume of traffic getting that first burst. it is 5:39 right now. we'll send it back to you. >> 5:39. as you mentioned, still ahead. the teenage suspect in the boston bombings is now facing terrorism charges. some lawmakers calling for a tougher trial. the controversy on capitol hill next. also, here is a question. how long can one plane fly around the bay area? we'll tell you about the marathon flight attempt on board a very unique aircraft. just a few hours from now. look at them kids. [ sigh ]

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welcome back. the suspect that did the bombing in boston is facing a pair of federal charges, use of a weapon of mass destruction and malicious destruction of property with an explosive device. how he is being prosecuted and what that means for immigration, drawing a lot of criticism in washington. "today in the bay's" tracie potts is live on capitol hill with a story that continues to evolve. good morning. these charges in federal court. he will not be tried as an enemy combatant and the white house says he is a u.s. citizen and they can't do that. we are digging through the documents to get more details about the investigation. here on capitol hill, house members get a closed-door briefing. details we won't know. we are learning more about this as he opens up and commune kalts with investigators telling them he can't talk but telling them in writing and through signaling to their questions that he did

not plan this as a result of any sort of connection with a terrorist group. it was just he and his brother alone, dzhokhar and tamerlan tsarnaev. they learned how to make the bombs online. it is raising a lot of questions about immigration policy. people that come into this country to live and become citizens. are we asking enough questions? is there enough follow-up? should the fbi have followed up after the 2011 interview with tamerlan after russia said he may be connected to terrorist groups there. he closed the books and said there was no further evidence. it is raising a lot of questions on immigration policy and how to follow up on these things. here, today, as i said, lawmakers will be getting a briefing on just where this investigation is headed. jon? >> tracie potts, thank you for the update. 5:43. the two suspects in the first known al qaeda terrorist plot in

canada head to court today. they arrested two men that wanted to carry out a major terrorist attack on a rail passenger trail from toronto to new york. video shows one of the suspects after his arrest. both men are believed to have ties to al qaeda cells based in iran and under surveillance since august. a bail hearing is set in toronto for today new video of the damage left behind after a car bomb exploded outside the french embassy in libya. that last happening early this morning. two french guards were injured. the motive not clear. french president, francois olan denouncing the attack, calling it an assault not just on france but all other countries fighting terrorism. keep your eyes on the sky. a plane that needs only the sun's rays to fly taking off for a test flight. bob redell joins us live at move

f moffett field where the first solar plane is getting warmed up. >> reporter: good morning. here we are. i want to give you the view down the runway. we are on the pain drag. right behind you is solar impulse. this is completely a solar-powered airplane. it will be doing a test flight, taking off here at 7:00 this morning. we are talking about a 16-hour test flight. what's significant about that, it will be nonstop without burning one drop of fuel, taking off here at moffett field and will not land until tonight. i know it is dark out. it is kind of hard to get a sense of just how wide the wingspan is. this is wider than a 747. it has 12,000 solar cells that are covering the tops of the wings. the plane weighs about as much as a small car. it is powered by four motors.

if you look up to your right, right in front of you, don't get too close to it. there is one of the four motors. it has about as much power, a little bit less than a vespa scooter. because of that, it doesn't fly very fast. it flows only about 40 miles an hour. today's test flight is in preparation for next month's first cross country trip by a solar airplane, done in five legs of 24 nonstop hours each. five legs, 24 hours each. no break in the air the entire time. powered by the sun during the day. solar charged batteries at night. the plane could fly nonstop from the west coast to the east coast. it only has enough room for one pilot and there is not one pilot that can stay awake that long. it only goes about roughly 40 miles an hour. this is the second test flight. it will be taking off at 7:00, heading down the runway in a

northerly direction over the bay. if you are going down 101, you will be able to see the tail end by taking off. around 3:00, they are going to try to fly over the golden gate bridge. around the 6:00 to 8:00 time frame, over the bay bridge. landing back here at 11:00 tonight. six mourhours, not stop. not one drop of fuel. bob redell, "today in the bay." with all that solar, they are going to need some sun. they are going to get it today. >> the wright brothers would be proud. >> yes, they would. that's fascinating technology. wind, not an issue. some of the hilltops, very gusty, doing some very interesting things with our temperatures, which we'll show you in a moment. let's take you outside to san francisco. you are looking off to the west. the flag is pointing to the left side of the screen reflecting the north wind across some of the higher buildings of downtown san francisco. showing you the temperatures. notice the numbers inland. livermore ought to santa rosa and napa around 3:00 at 70

degrees. we have warmer air mixing down. wind direction is the story. it is a battle between the dry north winds in the hills and an increasing southerly breeze pushing low clouds towards the gate. what happens, you get the dry winds in some of the areas, it compresses and dries out and temperatures start to warm up. those numbers in the upper 60s. in the north bay hill tops and around the east bay this morning. around the bay, mainly clear skies. the sea breeze is going to try to breakthrough toward the evening. 70s to low 80s around the inner bay. inland temperatures should stay out of the 90s today. still, mid-80s inland. major cooling coming our way towards thursday and friday. low to mid-80s south of san

jose. 70s towards pleasanton. cooler towards oakland and san francisco. highs away from the 80s today in the mid to upper 70s out towards the east bay. only 60s on the coast as the fog creeps up from south to north. you can see the temperatures starting to cool down. just in time for the weekend. it is only tuesday mike to never too early to start thinking about the weekend. >> never, ever too early to start thinking about the weekend. we're looking over here toward fremont, the start of the commute. 880. southbound past the auto mall parkway. starting to move more through fremont. southbound, your commute direction past the truck scales with no major issues through

in san jose. it will hit and stick around 6:10, 6:15 for the build through the area. larger surface streets, large expressway. still, moving pretty smoothly close to the speed limits for each individual streets shown up here. we will take you to where things are starting to jam. west 580 out of the altamont. slowing from airway to 680. a lot of the surface streets come together and approach 680 as you are passing by g.e.'s power plant right there. a quick look at the san mateo bridge across the bay. the bay bridge without showing that very quickly at the toll plaza of the bay bridge. there is the cash lanes, guys, back to you. it is 5:50 coming up. giants going g.q. which bay area ball players are showing their styles. >> at ten to 6:00, is it too

early to order a pizza. i think not. we will show you how to do it.

time for a little fashion segment. if you are an athlete and you end up on g.q., your teammates will bust your chops. >> buster posey and barry zito. this is a pretty great pose and a nice shot. >> it has movement to it. what do you think of the outfit? it totals about $1,000. don't get grass stains on that. buster posey, this makes you think. kind of got the knicker thing

going on, a batting jacket, a trucker hat, $325. some may have some questions about that. the bottom line is when you are a world champion giant, you get a little extra love and you get on the cover of g.q. magazine. it kind of looks like that. netflix has more subscribers than hbo. a new way to share your account as well. how popular is netflix in homes. if you share you account, you can watch two streams simultaneously in your house. netflix is fine with that. kids watch dora in the family room. you watch house of cards in the living room. now, netflix will up it to four streams. no one needs to talk to anybody else. we can just watch netflix. for the family plan, they are going to charge a little extra, $12 a month. i'm not sure my home internet

will support four simultaneous hd streams but we will give it a try. some analysts pressuring the company to cut off families that do the password sharing among two locations. same house, two movies, fine. two locations, not so fine. that's where more than one household is using the same account. netflix are up about 25% after hours, after news of profits. new subscribers still not to the level they were. jon, i know you like extra cheese. pizza hut has a new app from xbox where you can order pizza for delivery. the idea being pizza and gaming go hand in hand. you have to stop playing call of duty to order the pizza. the big business story is apple. apple reports profits after the closing bell. this is a company that makes a staggering amount of money. they made $54 billion in revenue last quarter, more than $150

billion in cash. when you compare the company's stock prices, $398 to its earnings, the stock is mathematically very cheap, as cheap or cheaper mathematically than some real dogs, h.p., dell, apple. we will see where it will go from here. >> the one to watch. very interesting. the numbers are mind blowing. i would say. >> 5:55 right now. still ahead. san jose police department under the microscope. the key question. why did the chief block a plan to stop racial profiling? >> the prominent bay area attorney who admits to smuggling a hit list out of jail. we'll tell you about the punishment she is facing coming up. taking a live look outside. san francisco, beautiful. you can see the marina there. pretty warm temperatures as well. how warm? how high? we'll check the forecast for you. a lot more news ahead. 5:56. star command,

i'm detecting high levels of happiness.

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shattered glass, burned-out cars after another attack on an embassy in libya. they just released new safety concerns for diplomates overseas. backtracking on a plan aimed at putting a stop to racial profiling. we'll tell you about the reversal that some say hasan jo san jose police taking a step in the wrong direction a hit list smuggled out of jail while the attorney says she deserves a second chance. cooling and fog on the coast. breezy and warming on some of the hilltops. a look at what it means for your tuesday forecast coming up. we're watching a typical trend for traffic tuesday.

as the commute builds, a new crash on the dublin interchange. we'll take you live outside as the sun slowly starts to come up. a look at the south bay down in san jose on this tuesday, april 23rd. this is "today in the bay." from nbc bay area, this is "today in the bay." good morning to you. thanks so much for joining us. i'm laura garcia cannon. i'm jon kelley. another embassy is under attack. this time, the french embassy in tripoli, we have new video released overnight. injuring two french guards and setting off a fire at the embassy entrance. the flames engulfing a few offices inside that embassy and two parked cars outside. the motives at this hour for that attack still not clear. this marks the second time since september an embassy has been

targeted in libya. back on september 11th of last year, four americans, including u.s. ambassador and native, chris stevens, died after militants attacked the u.s. consulate in benghazi. a new san jose police department is out giving high praise for the department but at the same time it is criticizing a move made by the acting police chief to suspend the policy aimed at reducing racial profiling. "today in the bay's" marla tallez live in san jose with more details on the policy change. >> reporter: former police chief, chris moore, instituted a policy that if followed could prevent, as you mentioned or at the very least detour controversial practices that some say could lead to racial profiling when those practices known as curb sitting. we know chief moore is gone and acting police chief, larry escovel is reversing this policy that specifically required officers to document all stops they make, noting a person's raise and whether they were told

to sit on a curb even if there was no arrest. without this, accountability becomes a problem. some minority groups say racial profiling is sure to increase. the controversy is stirring as san jose's independent police auditor is releasing her annual findings. she says there is some good news. complaints were down 7% from the previous year. that includes fewer complaints of racial profiling. judge lalordoris cordell says s hopes he will have second thought. >> we move on. i hope he is going to do the right thing. i think he will. he perhaps may narrow the scope of that. i happen to disagree with that. i think the scope was just fine. >> this morning, we preached out to acting chief, larry escovel to ask him why he suspended the policy in the first place. i just