about the state's plan to release a serial rapist who attacked dozens of women in the bay area. what we learned overnight, next. plus, what we are learning this morning about the ymca child care worker accused of lewd acts with a child under his care. and new worries this morning from the department of agriculture after fruit flies found in the south bay. what they're doing to try to get rid of them, next. live outside to san francisco as we give you a look at the all litup bay bridge as traffic is making its way into san francisco on this wednesday, july 17th. this is today in the bay.

good morning to you. thanks for waking up with us. 4:31. i'm marla tellez in for jon kelley. >> i'm laura garcia-cannon. streets shut down after an officer shot and killed a pit bull. this is in the area of 3rd street, between empire and jackson street. bob redell just got to the scene. >> reporter: good morning. it could be another 10, 15 minutes as chp tells us before they clear the intersection here at 3rd and empire. down in order 3rd, that home where all of this took place. anywhere between 15 and 20 u units that respond. when the call first went out, a call of shots fired. very serious situation. especially considering the extraordinary level of violence in the city over past several we weeks months. the call was fortunately not as serious as initially went out.

that shots fired was officer shooting a pit bull. here's what happened, the officer was doing a parolee check, there was an aggressive pit bull, the pit bull bit the officer. a man ended up shooting and killing the dog. the officer has been taken to the hospital, not life-threatening injuries, was hurt, is going to be okay. as far as the parolee, that person is in custody. not clear what crime that parolee was out for. people under police protection, if you will, not taken into custody. they are seated there, i'm sure that my guess is that they are witnesses to what happened. but they do hope to have this intersection reopened within the next 10 to 15 minutes. officer bit by a bit pull that he shot and killed, taken to the hospital, going to be okay. bob redell, "today in the bay." >> thanks for the latest. this is the day that we can expect a little bit of a

warm-up. we welcome back meteorologist christina loren. good morning. >> good morning. marla, laura, you at home. it's going to be a really nice day today. we're going to be the envy of the nation with the heat wave gripping. much of the united states. two-third of the united states dealing with temperatures in the 90s today. for us, highs in the low 80s. it's going to be comfortable here. but still warmer than yesterday. nice and mild. 60s to go around. a beautiful day. i'll show you how nice in a few minutes. first, check your drive with mike. >> oakland, 880, to give you a sample of the volume of traffic past the coliseum, it's not bad. a steady flow, yes, it's only 4:33. that's what we see on the number its any time of the day. the map, you see the yellow, speeds dipping below the speed limit between 98 a0 and oakland.

northbound out of union city. many spots with crews in place. over the next hour and a half, starting to clear. i'll track it. nothing dramatic. >> thank you, mike. 4:34. new this morning, despite efforts to stop it a state court has ruled a convicted serial rapist who terrorized the bay area can be released. appellate court rejected an appeal by a los angeles county prosecutor to prerent chris ter hubbart from being released hubbart has been in swout of prison since 1972, convicted of raping dozens of women in southern california and the bay area. in may a judge ruled hubbart could be release under tight supervision in l.a. county, where he grew up. hubbart will be released once housing set up and approved which could take several more months. the man accused of lewd acts with a 6-year-old out of a south bay day camp is expected to make his first court appearance

today. 20-year-old nicholas lhermine met the girl while working as a teacher's aide for the ymca child care program on the campus of paradise valley elementary school in morgan hill. the y says he passed a fullback round check when hired four years ago. police have contacted parents of current and form students to see if there other victims. so far they have identified at least one other, a 17-year-old girl. a jury has reached a verdict for one of the two men charged with gang raping a 16-year-old girl outside a high school dance in richmond but it won't be announced immediately. the verdict will be sealed until a second jury is done deliber e deliberating the case. two other men took plea deals and are serving prison time. two others are awaiting trial. the trouble continues for asiana airlines. the airline now inspecting one

of its boeing 777s after leaking oil, forced the airline to ground the plane before take-off from lax last night. meanwhile, 83 passengers from flight 214 that crashed at sfo filed a petition for discovery against boeing. that's the company that dined and manufactured the plane. the petition asks a judge to force boeing to release information about the plane's auto throttle and evacuate slides which opened inside the cabin. the information could lead to a lawsuit against boeing. there will be a candlelight vigil for the oakland toddler reported missing one week ago. family and friends gather at 79th avenue and international boulevard 6:30 tonight where the spot where daphne webb reported missing last wednesday. the family has set up a web side, findbabydaphne.com to find the missing 21-month-old.

he left daphne with his elderly mother who suffers from dementia. follow-up to breaking news yesterday. we are learning more this morning about the woman who owns the san jose home that went up in flames, killing more than 90 cats. the house was actually a sanctuary that carol miller set up for the feral cats that a nonprofit group captured on sanford's campus. san jose has a five-cat limit but animal care and services says it comes down to how well you take care of them. >> really to do something like take cats away from somebody you have to sustain a criminal charge, you have to prove they're not caring for the cat and this was not that situation. she was caring for the cats she just had a lot of them. >> i have to regroup and love the ones who have survived and give them the best care and i don't know what's around the corner tomorrow. >> miller had a plied to san

jose animal care and services to be a registered rescue service but was turned down. a large part had to do with the number of cats inside her home. san jose police will release new numbers outlining safety on city streets for the first half of the year. the new stats come as police investigate the 29th homicide of the year. officers say homeless man was pulled off of life support this week. one month after he was beaten under the highway 87 overpass in downtown san jose. so far, no one has been arrested in this case. 4:38. protests continued late into the night in oakland for a fourth day after the acquittal of george zimmerman. protests remained mostly peaceful but there was a heavy police presence around oakland city hall. across the bay, local religious leaders gathered on the steps of san francisco city hall to call for an end to racial profiling. protesters believed george

zimmerman singled out trayvon martin because of his race and attire pap i san francisco preacher wore a hoodie and hat a baseball hat to make a point. >> engage, talk. you'll be surprised. you may talking to an ivy league graduate. >> the naacp is. sending a petition signed by thousands to u.s. attorney general eric holder, demanding to open a civil rights case against zimmerman. holding telling the naacp national convention yesterday, his office is investigating. we are getting our first look at a woman attacked a local singer after he dedicated the song to trayvon martin. police say the 43-year-old dinah lynn potter jumped on to the stage as lester chambers performed at the hayward russell city blues festival on saturday. witnesses said she shouted, quote, it's all your fault" and pushed chambers to the ground. potter was cited and released on

suspicion of battery. it's a tiny pest that could devastate the state's multibillion fruit industry. this morning, an emergency eradication team stepping up its time against the guava fru throughout in san jose. crews will gather at 8:30 to spread a deadly insecticide on trees and telephone poles between berryesa road, white road, 14th streets. the sticky substance, which is not harmful to humans, is meant to attract and kill the male flies. earlier three were found in the area of san jose but officials warned that number could be in the millions. the pests feed on citrus, stone fruits, tomatoes and other plants. good morning. 4: 4:40. a nice day in store for us. christina loren, we welcome you back. good to see you. >> good to see you. good to get a vacation in every once in a while, especially when

the weather is as nice as it has been. we'll be the envy of the nation. we'll see the best temperatures. southern california too hot. we are going to be perfect. just depends where you live. microclimates making an impact today. 59 to start. good morning to you, san francisco. you're at 59 livermore. it's going to be a nice day. weather headlines tell the story. fog and drizzle to start the day. sfo flight delays likely. wednesday, temps are warmer by 3 to 5 degrees from yesterday. we are looking really good as we get into the upcoming weekend. so close. 80 degrees in san jose. 75 fremont. 63 in san francisco. you might need a jacket out there today. we're going to keep you updated, let you know how much warmer it's going to get as we head through the next couple of days. things will change but not by much. i'll show you for how long. first the drive. how are we doing wednesday? >> it's midweek. some folks hitting their stride. i was rested this weekend.

now it's wednesday. looking over here, off of the high-rise, this is westbound. with headlights into foster city and san mateo. 101 and 92. tough drive throughout the area. we'll track it closely. so far no problem on the peninsula or getting over there. we'll end with a shot of the north bay. easy drive through san rafael. 4:42. some of the bay area's biggest tech companies teaming up for a good cause. how you can help. google's newest venture as it tries to beat apple to the punch. and the u.s. senator who is calling on the president to boycott the 2014 winter olympics in russia. welcome back, 4:4.

more than a dozen tech companies teaming up to benefit the special olympics. employees from facebook, google, yahoo! and other companies will head to candlestick park for the first ever tech carnival. the event includes live music and carnival games like plinko and human bowling. the carnival runs from 6:00 to 10:30. ticket sales benefit special olympics northern california. new reports that mountain

view's google is trying to get into the tv business. bertha coombs live at cnbc world headquarters and a look at how futures are trading. good morning. >> good morning, laura. futures flat this morning. stocks snapping an eight-day winning streak. markets listening to ben bernanke, testifying before congress about the economy and monetary policy and the big thing everybody watching for, what he says about when the fed may pull back on its stimulus program. also data on housing starts and earnings from bank of america. the dow slipping 32 points to 15451. nasdaq 3598 after losing 9. ford offering free upgrades to hybrid owners to improve fuel economy that people can use with prices rising sky high. offer applies to 2012 ford cmac, fusion, lincoln hybrid.

drivers complained the vehicles aren't getting the 47 miles per gallon as advertised. ford will increase the maximum speed cars can be driven in electric mode from 62 to 85. it will make better use of the grill shutters which improve a aerodynamics. google trying to license channels for an internet cable service. google may be trying to beat apple to the punch. apple reportedly working with networks and cable companies on a tv product as well. wondering whether they'll be able to do all of that on the watches they are reportedly watching on. >> there you go. thank you, bertha. good to see you. welcome back christina loren. you have extra pep in your step today. that's what's rest does. >> little sleep. >> sleep in the bay. >> if you're up with us, you know exactly what we're talking. 4:47. if you are up and want to get outdoors, it's comfortable out

there. still dark. make sure you've got the light and reflectors if you're hopping on a bike. temperaturewise, 62 degrees. ain't too shabby to start the day. good morning, sunnyvale. you'll live up to your name, 60 san jose. the weather story of the day. quite a bit of fog as we roll through the next couple hoff hours. thickest clean 6:00 and 8:00. we'll see a nice day, and a lot of the fog is going to remain. concentrated over the city all day long. we've got the microclimates making an appearance. two competing weather systems. area of low pressure to the north. cool, foggy conditions at the coastline. warm, sunny conditions inland. these are your temperatures. comfortable. 76 oakland. that means no a.c. necessary. and, yeah, we're getting into late july at this point. yeah, that's a nice break. enjoy it while it lasts. warm-up headed our way. 80 san jose. 87 gilroy.

80 degrees today beautiful redwood city. warming up into the mid 90s as we get into the weekend. a slight chance for mountain thunder. we'll get deeper into that forecast coming up. right now, it's going to be absolutely beautiful today for your outdoor plans. back to you. 4:49. the ohio man accused of holding these women captive inside his cleveland home for a decade will be back in court in a few hours to face new charges. ariel castro will be arraigned on 648 new counts, bringing total number of charges against him to almost 1,000. last month, castro pleaded not guilty to more than 300 counts for the alleged kidnapping and rape of the three women. he is expected to plead not guilty to the new charges as well. his trial is scheduled to start next month. new this morning, russia's president is responding to a request for temporary asylum by nsa secret leaker edward

snowden. putin says russia has warned snowden against taking actions that would damage relations between moscow and washington. snowden has been hiding out in the moscow airport for three weeks now. u.s. wants russia to send him back to america to face espionage charges. his attorney says snowden is "temporary shelter but plans to travel to south america, where several countries have offered political asylum. a u.s. senator is calling on president obama to consider boycotting the 2014 winter games in russia if snowden is granted asylum. according to the political blog the hill, lindsey graham of south carolina says boycotting the games would send a signal to russia if they harbor snowden. game are to begin in february. during the cold war the u.s. boycotted 1980 summer games in moscow. four years later, russia boycotted summer games in los angeles. the royal baby wait

continues. no one knows exactly when, we do know what will happen when the duchess of came britain goes into labor. ke kensington palace will announce without warning via e-mail. >> hundreds of years ago it was the courtiers waiting outside the birthing chamber. you've got the media fulfilling that role, crowded outside st. mary's hospital. >> once the baby comes, the queen and other senior royals, duchess' family and prime minister must be informed before a public announcement is made. a signed medical bulletin announcing birth will be driven through streets of london under careful watch from the hospital to buckingham palace. the bulletin placed on the same easel used to announce prince william's birth 31 years ago. celebratory shots fired from the tower of london. >> you can be sure, we'll,

covering it ul. >> that's not what happened when i was born. >> right, nor i. 4:51. coming up, late night with jimmy fall fallon takes on pros and cons of being a major league all-star. >> feels good to be picked by the fans. con -- >> my mom voted 50,000 times. >> hear what sergio romo had to say about the game next. a live look overhere here towards berkeley. a smooth drive off the carquinez bridge down here. we'll talk about the maze and issues you need to know about in the next few weeks if you're driving through there during darker hours.

welcome back. 4:55. the giants' sergio romo did not get to play in the all-star game but did get a cameo with jimmy fallin. >> helping fallon out with pros and cons of being a major league all-star. >> next player san francisco giants' closer, sergio romo, pro, if you told players ten years ago they'd be an all-star they wouldn't have believed you. con. >> if you tell me ten years ago jimmy fallon would have his own tv show, i wouldn't have believed you. >> come on. >> all-star game, roam hoe didn't get a chance to close things out for the national league because the n.l. couldn't

even score. it lost 3-0. meaning a.l. gets the home-field advantage in the world series. a's grant balfour pitched a coreless sixth inning. only athletic to take the field. buster posey the only one to see any action. he struck out in the seventh. >> bummer. >> fun. >> any action on the roads this early. >> some action overnight. there's a good amount of activity and this is the berkeley curve and the maze. 880 at 580, both same thing along the east shore freeway, just opposite directs. overnight construction from 11:00 p.m. until 4:00 a.m. through july. caltrans could close as many as three lanes through interchange, be prepared until 4:00 a.m. things are clear. we have a new incident on the maps. we'll talk about a south 680 toward 24 or possibly east 24 at north 680. both reports coming in of a

three-car crash over there with possibly injuries and ambulance has been called. no slowing. watch activity thwart the walnut creek interchange. tri-valley, a tiny bit of slowing out of the altamont pass. 4:57. breaking news in san jose. officer shoots and kills a pit bull during a parole search. bob redell there talking to police. he'll have a live update. mu plans to cut down two dozen magnolia trees in palo alto. why the city says it has to be done.

a south bay police officer taken to the hospital after being attacked by a pit bull. i'm bob redell. we'll tell you what led up to the confrontation in a live report from san jose. firefighters try to get the upper hand on a destructive wildfire in southern california. we'll have the latest on the efforts next. into that could be a very bad

one. meanwhile, here in the bay area, onshore flow and a gorgeous day shaping up. i'm going to tell you why we will be the envy of the entire nation weather-wise in your full forecast. traffic wise, looking pretty good now across the bay bridge. we have a crash in the east bay around walnut creek, talk about 680 and 24. that's a major interchange. sounds like a big crash. we'll get details coming up. that is a beautiful look of the bay bridge. another vista this morning for you. you made it halfway through your work week. it's wednesday, july 17th. this is "today in the bay." into good morning to you. 5:00, i'm marla tellez, in for jon kelley. >> i'm laura garcia-cannon. breaking news in san jose. streets near japan are back open as investigators look at what made an officer shoot kill a pit