main. we'll tell you if your morning commute will be delayed. >> a 49er busted taking a leave from the team. we'll tell you what aldon smith is saying and what it could mean for the team's playoff hopes next. >> and break out your fall fashion. we're officially in the new season and it feels like it this morning. temperatures mostly in the mid-50s as a scarf would be appropriate later on, though, going to be pretty warm. showers in the forecast, we're going to time everything out. your seven-day is coming up in moments. >> new season, a new traffic pattern likely as well as more schools come back into session. >> we'll take you to a major spot in san francisco, the embarcadero, not far from this america's cup is still under way as team oracle making a strong comeback on this monday, september 23rd, this is "today in the bay."

good monday morning to you. thanks for joining us. i'm laura garcia-cannon. >> good morning. i'm marla tellez in for jon kelley. in kenya hostages are still being held 18 mall after a military rescue mission reportedly failed. you can see large plumes of black smoke rising from the west gate mall where at least four explosions have been heard overnight. at daybreak witnesses say they heard about five minutes of sustained gun fire coming from inside the mall. last night a military spokesman had said that most of the hostages had been released during the rescue mission but sources now tell associated press no hostages were released or rescued overnight. new video this morn training inside the mall's main department store when al shabab

extremists stormed the mall saturday. at least 68 people have been killed in the attack and 175 others injured. al shabab says the attack is s retribution. >> new details on a gas line break in san bruno. pg&e crews have capped the leak but still working to fix the line after construction crew struck it last night. it happened in the area of san bruno and huntington avenue where construction crews have been working on upgrades to the cal train tracks. christie smith got an update. what are they saying? >> reporter: good morning to you. i've already seen two trains roll through, so a caltrains spokesman is saying the good news for this monday commute is that it is business as usual. they are right on a regular schedule as pg&e crews have capped that gas leak but they are still working on repairing

the pipe that broke. about 5:15 this morning the first southbound trains rolled through here at san bruno and huntington avenues where a multi-million-dollar construction project is happening. of course this is just three or four miles from the site of the deadly gas line explosion in 2010, so certainly rattled nerves. when a cal trains construction crew hit a gas line last night that's when this started. no injuries but passengers were taken by bus or b.a.r.t. to the next destination. why the pipe was hit in the first someplace unclear but here's the plan moving forward. >> pg&e is going to have to watch this area working with our construction crew, we're going to do that very closely as we move forward throughout the day. >> reporter: all the work going on part after $155 million project to elevate the tracks above three streets here in san bruno for traffic safety. work will continue today, in

fact, for the first time a couple minutes ago we saw construction workers who had been on the sidelines actually enter the construction site. a spokesperson saying it's too soon to say if the project might be delayed by this. christie smith, "today in the bay." >> thank you. meantime, the south bay san jose crews worked late into the night cap a water main break on lemoyne way. crews say water was shut off to homes to the north. the san jose water company fixed the problem but at this point no word on what caused it. >> the 49ers new stadium is running short on parking spaces, now the team is trying to figure out how to fix it. a live look at the stadium this morning, building going on, the team says it's about 5,000 parking spaces short of its goal. right now the team is looking at leasting a youth soccer complex next to the stadium for

additional parking. that could impact the nature preserve near by. parents fear the team will end up paving over soccer fields with the idea of building new fields closer to the preserve. it's home to a butterfly garden and indian burial ground. environmentalists don't want it turned into soccer fields and officials urge people to stay calm because there is no final decision on the issue yet. >> a lot of talk around 9ers aldon smith. he is on an indefinite leave of absence this morning as he deals with personal issues stemming from his arrest on friday for dui. bob redell is live at the team's stadium. bob, i think a lot of people were surprised that he played yesterday and now we know if he's going to play against the rams on thursday. >> reporter: yes. good morning. 49ers ceo making this

announcement after yesterday's loss against the colts saying that his star linebacker aldon smith would not be playing in thursday's game, this after his arrest friday for driving under the influence and that he could be out longer. in other words, he could be missing more games. he is taking this leave indefinitely. smith did apologize and acknowledged that he will seek help. >> apologize to the team, to the organization, my family, everybody i let down. also wanted to let it be known that this is a problem and it's something that i will get fixed. >> sitting somebody down and paying them to sit down when they are going to seek treatment in the future, that didn't seem like an appropriate punishment. i know it might not sound reasonable, but for aldon to be able to face the media, face his teammates, and take full

responsibility for what he's doing we felt that was the best situation. >> reporter: friday's arrest is not the first time smith has been in legal trouble. a man sued him claiming he was shot at a party at smith's house. the suit alleges that smith was drunk when he fired shots to get people to leave. bob redell, "today in the bay." >> it's not all bad news for bay area sports. the oakland a's are going to the postseason. the a's officially won a.l. west title during the third inning yesterday when the kansas city royals beat the texas rangers. the a's didn't need the rangers to clinch the title. they beat the twins 11-7. they have six games left on the road. >> i know we have some oakland a's fans watching. they are tweeting out. >> exactly. always good to hear from you. >> yes, we do. >> we're sending birthday

tweets. >> tweet, tweet. >> good morning. sweet tweets i appreciate everything you guys do. you know what, oakland a's, we're looking really good. not just out there on the field. temperatures in oakland one of my pick cities, it's going to be perfect. 54 degrees right now as we head through the afternoon you're going to be in the low 70s rounding out the day in the upper 70s. no need for the ac or the heater. 5 to 8 degrees warmer than yesterday. a cool breeze this afternoon. tomorrow a cloudy start and we'll see sunshine tomorrow afternoon but it's going to be much cooler across the bay area. then even cooler as we head through wednesday. we expect isolated showers. i'm going to show you where on futurecast. but for today here's what you need to know before you head out. 78 degrees in oakland, 78 for fremont, and of course as you get out into the inland valleys, it will be warm. 84 in concord, 85le livermore.

and heading to the south bay 84 for gilroy. warm in the inland cities, holding on to beautiful beach weather. 70s in san francisco. hard to beat 71 in the city. i know a man who can agree, mike inouye. >> i can and i do agree. the san mateo bridge heading to the peninsula the bridge is picking up, the volume of traffic for the westbound commute and the taillights starting to build. the major concern, the mab, we see the approach. south 880 passing by, reports of two crashes. they consolidated to one. it involves a motorcycle and possible injury. when there is a motorcycle involved, the person has less shielding because there are only two wheels and we're looking at a slower drive approaching the san mateo bridge. it sounds like one lane is blocked. we'll track that so. far no other reasons for delay

across the san mateo bridge. both of those spans moving smoothly. palo alto, stanford coming back in session so watch university and the vicinity of sanford university. foothill college, that will be, and in the south bay santa clara and deanza. another live look shows the bay bridge with a backup. looks like the lanes may have been slowing down, the metering lights turned on. quickly building from the toll plaza back to mid parking lot. >> thank you. it's 6:10. a prominent political group outlawed in egypt. >> more on our developing story in kenya. new details on smoke and gun shots. >> hackers have defeated that

apple fingerprint. >> if you didn't get a chance to catch the emmys here is a look at some of the big winners. thank you so much. i got to go. bye. so what can i get you?

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welcome back now. still dark out there as we kick off the first monday of the fall season. we're about 45 minutes away from the official bay area sunrise. sun is going to be out at 7:04 p.m. we have a beautiful day shaping up. i'm tracking showers, thoxt i'll describe that for you right to your doorstep in my next report.

>> you might want to leave your door step earlier if you're heading to the san mateo bridge. there is the foster city approach. the headlights westbound, the commute direction. looks okay here but we have issues on the eastern side, problems through hayward, a crash, some lanes and slowing. additional slowing as well as the bay bridge. we'll get you the latest. >> at 6:14, today's top stories a kenyan government official says two militants have been killed at mall in nairobi. the standoff and hostage situation continues. islamist militants stormed the mall saturday and shot hundreds. 68 died. 175 are injured. >> egyptian court has banned the muslim brotherhood group and ordered its assets confiscated. they supported mohammed morsi whose ouster caused riots in the streets. >> caltrain is running on

schedule this morning after a gas line broke at a construction site near the tracks in san bruno. a construction vehicle apparently hit the line. crews worked to fix the leak. >> apple has done it again. set sales records for its new iphone 5s and 5c. >> huge, good morning. apple says it sold 9 million iphones, compare that to 5 million the last time it had a new phone. this time last year with the iphone 5. 9 million, pleasing many. that could have been bigger. apple sold out of the iphone 5. the goal, sold out almost immediately. microsoft will take another shot at the surface. it didn't sell well the first time around w another announcement. new york city for service to, microsoft never said how many

surface it sold. two groups hacked the iphone 5s fingerprint scanner. this guy was an hour behind a san francisco based, he made a fake fingerprint and convinsed the iphone it was real. what does this mean for your security inyou can probably ignore it. everything is unsecure give at any right tools and time. it's unlikely bad guys are going to lift your print off a drinking glass, make a fake fingerprint to see your text messages. the head of wikileaks is blasting the new movie. he has a copy of the screen play, he uploaded it. he says the movie implies spies were hurt or killed when

wikileaks uploaded hundreds of secret documents. in a document of its own it denies charges pointing out american military leaders testified in congress the effect at any the american intelligence was negligible. the movie comes out next month. >> they did a good job casting. >> convincing. >> wonder how he feels. thank you. >> welcome back to monday. we're getting a look at the forecast with meteorologist christina loren. it looks cooler on this monday morning. >> feels like fall. it gets pretty, but it gets cold really fast. we just had a sample of fall on saturday. picked up quite a bit of rainful. we picked up snow. check out our facebook page. you'll see some of the spectacular pictures. we appreciate any weather events

in the bay area when you are part of it and you send us what you see. it's very important, very instrumental to what we do. taking a live look, this is san jose and yeah, it's beautiful out there. that rain cleaned out our atmosphere. talking about about good air quality and we're going to get a reinforcing shot of that as we have an area of low pressure moving in. the chance is there as we head through wednesday evening. this morning temperatures are crisp, 52 down in gilroy, 55 in san mateo and 56 degrees in livermore. what you can see here is as we head throughout day future cast shows you we expect showers north of the area. stop that clock into tomorrow as the area of low pressure approaches. we'll wake up with low clouds tomorrow. then throughout the first, maybe second half of wednesday when we expect the showers.

so here's how it works out. we stop the clock you can see a little shower activity to the north of napa. not expecting much but the best chance is in the north bay and throughout higher elevations, the east bay hills. overall we'll see cloudier weather, cooler weather as well as temperatures falling from mid-80s back to the low 70s by wednesday. so 85 in livermore, 78 degrees in fremont, 80 in redwood city. let's show you thou changes look on the seven-day outlook. it's a new week and we have significant differences. as we head throughout day and tomorrow temperatures tumble. 74 degrees by wednesday. isolated showers mostly in the north bay. i'll let you know if the chance gets better. there is a slight chance an area of low pressure could get further to the south. 81 degrees by thursday. then this weekend, mike, a return of the 90s so we keep that whiplash going. nothing stead they time of year.

we know at this time of the morning nothing is steady on the roads. >> that's right. things are ebbing and flowing now. we're jamming. jamming down to almost, well, a crawl, south 880 approaching where we have this crash reported. still a fast lane blocked and a motorcycle is involved. we don't have a lot of details as far as the crash, injuries go. slowing off the castro valley y, just as the volume kicks in toward the san mateo bridge. that's it for the castro valley and hayward. everything else mooth into the area. we have a slowdown as well. looking toward the east shore freeway and the bay bridge. the bay bridge backup continues to build as metering lights are turned on. san pablo there is a crash down through san pablo around earlier reports of a crash.

so sounds like it's out of lanes but is a distraction. expect slowing into richmond on westbound 80. to the tri-valley, 580 starts to bog down. now you see the slowdown spread over to sunol. 680 moves nicely out of pleasanton. a look out to the roadways in the south bay, a smooth drive north. no problems, typical slowing. northbound 101, 87, 280 moving nicely. watch 85 and 28 through cupertino. 101 and santa clara will have more traffic. we'll see how things are shaping up for san rafael. a nice easy build. novato to the san rafael bridge a smooth flow for 101

southbound. >> 6:21. the flood water is gone. the damage remains. we'll tell you how the white house is stepping up its response to the areas. >> we'll hook at more, big emmy winners. first another memorable moment from will ferrell. >> unfortunately helen mirren and maggie smith dropped out at the last second and they called me 45 minutes ago. i couldn't find childcare, okay. we had a soccer game, there was a neighbor's birthday party, a nut allergy, didn't have time to do my hair. it doesn't matter, it's great to be here. ♪

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just in, the u.s. navy says it is searching the red sea for two missing crew members. a helicopter was preparing to land yesterday when it reportedly slammed onto the deck and rolled into the water. three people were rescued in good condition but two others are still missing. it is believed the cruiser was hit by a wave that caused the deck to pitch upward as the helicopter was trying to land. the destroyer is in the red sea for potential strikes against syria. >> the death penalty debate today in the trial of boston marathon bombing suspect. lawyers for dzhokhar tsarnaev will ask a judge to assess a procedure to decide whether to

seek the death penalty. the u.s. attorney general eric holder will ultimately make the decision about whether to seek that death penalty. the attorney's office in boston will make a recommendation. >> vice president joe bidend and his wife will head to colorado to visit areas devastated by flooding. they are going to meet with people who lost homes, and survey recovery efforts. president obama declared -- more than 15,000 homes were damaged or destroyed. hundreds of fema staff are on the ground assessing the damage and providing assistance. >> the president and first lady are going to new york city today for the 67th session of the united nations general assembly. the president will host the leaders for a dinner tonight ahead of much anticipated speech to the u.n. tomorrow. this year's meeting is expected to focus on u.s. efforts to disarm syria's chemical weapons as well as il raley millian

peace negotiations. it will mark the first time president obama has an opportunity to greet iran's new president. >> 6:27. continuing coverage of our developing story in kenya. the military is facing off with hostage takers in an upscale nairobi mall. we'll tell you about a uc-berkeley graduate caught in the middle of this attack who managed to scramble to safety. >> a live look outside, what a beautiful vista this morning, this monday morning. the golden gate bridge there, the house of fine arts. a gorgeous start to our day as we wait the sun's arrival. our first monday of fall. a lot going on. more news ahead as well. ♪

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morning military mission and a story of survival from a cal grad who was inside that mall during the siege. live look at the new york stock exchange this morning. meantime, apple reporting it sold 9 million phones over the weekend. how twill markets fare? a lot going on. scott mcgrew will look at that stock. today is monday, september 23rd, this is "today in the bay." hello and good morning. 6: 6:30. i'm marla tellez. >> and i'm laura garcia-cannon. developing in kenya, a standoff is still under way at an upscale mall in nairobi. explosions and gun shots reported at the mall as military wage an operation to rescue remaining hostages still trapped inside. danielle leigh is monitoring the

situation joining us live in washington with the latest. good morning. >> reporter: good morning. it's quite a dramatic morning in kenya, up to four explosions we know were tactical moves by the military to try to rescue more hostages. we're learning more about the smoke we saw billowing out for about two hours. the military is saying the militants lit mattresses on fire to act as a distraction as the exchange was going on. at least two militants have been killed in the exchanges, most of the hostages have been rescued. here in the states the fbi is investigating whether as many as five americans could be behind these attacks. the they began investigating this after several names were posted on a twitter account and that is associated with the terrorist group that has claimed responsibility for these attacks. the fbi says it has found no evidence that that is correct information. just in case nypd is upping security in the city as the general assembly gathers there.

they have put high weapons teams in several areas, several key areas of the city, high profile targets as well as shopping malls to be ready and alert just in case. danielle leigh, back to you. >> whatever they can do. >> we know at least five americans were injured in this attack including a uc-berkeley graduate. elaine dang seen in this youtube video from her days at cal, one of 175 injured. she posted a picture of herself in the hospital with a bandage and the caption proof that i am okay. her employer eat out kenya tweeted out a picture of dang getting checked out. >> we'll continue to give you updates as we get them with a live report. stay with "today in the bay." we'll take you there live in about 15 minutes. >> a cooler start to the work

week as we get fall under way with christina loren, it's your birthday. >> music to my ears. good morning to you. this might be music to your ears. we have a good looking week, first week of fall, final week of september and we are looking just picturesque. especially when you consider all of the active weather across the nation. for us today it's going to be pretty quiet especially after that deluge of rain on saturday, it really came down. mount st. helena takes up over an inch and a quarter of rain. we got hammered in parts of the bay area. the highs today are going to be comfortable, 5 to 8 degrees from yesterday and as we head through the next couple days we take the temperatures back down. so, a little something for everybody in this week's forecast. 54 in concord, 54 to start in sunnyvale. throughout this afternoon, you will likely notice the

difference, the biggest climb in temperatures by about 5 to 8 degrees from yesterday's highs. then this area of low pressure as we head through tuesday. this is going to drop our temperatures substantially and bring about a slight chance of rain showers, mostly in the north bay and the east bay. higher elevations as we head through wednesday so. we do have active weather headed our way through this week but today good, highs in the mid 80s. let's see how we're doing. as long as mike inouye is behind the helm, good morning to you. >> good morning. behind the helm over here at the desk, not behind the wheel because that could be dangerous. chp, i'm always paying attention. 101 traffic flows nicely northbound. a look at the volume. traffic does build, a typical pattern. look at that beautiful silhouette. we're looking at the maps from 680 to 880, the orange means

speeds are coming down around 50. the volume builds for 87 as well. a concern in addition to the build is southbound 101 around ellis. reports of a stall and debris. that may have caused another crash so watch slowing past 85 down toward 237. the big issue, south 880 very slow approaching eighth street. a crash involving a motorcycle. an ambulance has been called and the fast lane is blocked. we see the extent of the backuppant cos to build. so from north 238 and on north 238 very slow as a result and this is going to cause a backup approaching 580 and 258. watch for continuing there. heading across the san mateo bridge, you're okay. look at the san mateo bridge, smooth with the taillights over to the peninsula.

or the dumbarton bridge to the south, 84, that moves well as well. >> two teachers unions try to stop the closure of city college of san francisco. they plan to file a lawsuit. the unions will hold a news conference this afternoon to explain the suit against the accrediting commission. city college of san francisco as we've been telling you is set to lose its accreditation in july after the commission decided the college had not done enough to reform its financial policies and management. it's the largest community college in the country. >> a state aboarded board will discuss what should be done with $280 million in redevelopment funds from the city of santa clara. state officials ordered the city to cough up the cash saying it should be going toward schools, public safety and other services. santa clara was one of several to transfer funds.

the $279 million from santa clara will now go to special board set up to decide how and where that money should be used. >> still ahead, the death toll rises. we'll tell you why this place of worship was targeted and who is taking responsibility. >> cal trains cruise bust through a gas main. we'll tell you if your morning ride to work might be delayed. >> if you didn't watch the emmy apardons here is a look at some of the big winners. we're back in two minutes. a look at jeff daniels picking up his emmy. >> the last thing i won was a few years ago, i won the best actor over 50 from the aarp.

this morning the death toll from a church bombing in northwest pakistan stands at 81. police say three more of the wounded died overnight. the attack happened yesterday when two suicide bombers blew themselves up in a crowd of worshipers. a wing of the pakistan taliban is claiming responsibility. >> a powerful typhoon slammed into southern china has claimed more than 30 lives. the typhoon has closed shipping

lanes and forced airlines to cancel hundreds of flights keeping hong kong stock market closed. at least 25 were killed in china and eight people in the philippines. >> coming up trouble at a caltrain construction site. how crews busted a gas main and the cleanup evidents, if it will delay your ride in to work. >> coming up short. why the 49ers stadium lacks space for 5,000 fans and what it might do. >> apple sell as ton of iphones and congratulations to netflix for an emmy. >> also hostage takers inside a mall in kenya as the military makes moves to get inside. we'll have the latest just ahead. hey lena, what ya looking for?

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at 6:44, a developing story we're following in ken yaxt hostages are still being held by so molly islamist militants in a mall after a military rescue mission reportedly failed. this morning we're bringing you live pictures from the region where you can see a large plume of black smoke rising from the west gate mall. it was darker in appearance earlier. witnesses say they heard about five minutes of sustained gun fire coming from inside the mall. late last night a military spokesperson said that most of the hostages have been released during a large scale military rescue mission, but sources are now telling the associated press that no hostages were released or rescued overnight. at least 68 have been killed,

another 175 others injured. somali extremist groob al shabab says it's retribution for sending forces into somalia. >> we're learning details about a gas leak scare in san bruno. cal train service is back up and running after construction crews struck a gas line. this happened in the area of san bruno avenue near el camino real. christie smith is live at the scene. you got an update. >> reporter: that's right. we did get an update from pg&e telling us there will abfull investigation why this construction crew hit a live two-inch gas line in the first place. as you said, though, that leak has been capped. and construction is going on this morning. the cal train service is back up and running. we saw that 5:15 train go by southbound, first one this morning. 8:15 last night a construction crew working on a project for

cal train hit a two-inch gas line. pg&e says there were no evacuations because the line was venting as it was supposed to do. you can still smell it a little bit. 3 to 4 miles away from the site of that deadly gas line pipe explosion in 2010. certainly rattled serves there. pg&e says this line was clearly marked and here's what they plan to do moving forward. >> we've been coordinating pretty closely. we do have pg&e gas representative here at all times when work is on going, we're able to respond quickly last night when they hit it but we'll continue to make sure we work with them so they know the location of the utility lines. >> reporter: this work is part of a $155 million plan to elevate the tracks above three streets here in san bruno for traffic safety.

caltrain saying it's too soon to say if this project will be delayed by what happened here but work certainly is continuing. that gas line is capped but the lines need to be repaired. that will be completed until about 1:00 this afternoon. reporting live, christie smith, "today in the bay." >> crews worked into the night to cap a water main break near the plaza shopping center. water was shut off to all homes on la moin way. they fixed the problem. no word on what caused it. >> it's not just any monday here, it's christina's birthday. another happy birthday. i'm the birthday fairy today. >> looking good. we shall hit up chucky cheese later. 6:47. good morning to you. mondays can be tough, the weather is on your side. temperatures are crisp right

now. mostly running in the mid to low 50s. isolated 40s in the north bay and gilroy. taking a live look here, crystal clear start over san francisco. beautiful clear day headed our way. you can see even from san bruno we can pick up fog. that's a rare occasion. we've got good looking temperatures and a good looking sky in the forecast all day long. temperatures are going to be nice and comfortable at least for the first part of the day. getting a little hot but not till about 3 or 4:00. about this time of year is once that sun starts to drop off you can open up the windows in your home, let that beautiful air quality in. we're in the good with range across the bay area. we'll see enough wind to get things moving through your home as well. temperatures looking good now, we do have a little windchill factor as well, i want to point that out. that could be problematic as we

head through this afternoon. america's cup back at it on the san francisco bay. into this afternoon, temperatures will be comfortable. we are going to see winds and currents today that could postpone that race. nonetheless we'll keep you updated. if it does happen or in to the win it all of that racing action starts at 1:00 p.m. on our sister station get cozi and the america's cup. 70s in san francisco. a beautiful day shaping up. for your coastal cities, mostly the 70s. tomorrow temperatures start to drop off. this is the reason why area of low pressure on the way, it's going to move to the south throughout the next couple days. show you what i'm working with when it comes to tomorrow. 6:00 a.m. mostly cloudy conditions, especially along the main coastline, the san francisco bay, the inner bay mostly cloudy. then we bring in the showers, and very isolated chance. mostly in the north bay and the east bay. you can see that blob of green to the north of napa.

best chance for shower activity wednesday evening, 84 degrees for today in concord. going to be a nice day today. a couple of sunny days before the changes arrive. 78 in fremont, 79 in san jose. your future cast told story, isolated showers. things change again. a warmer period headed our way. 81 by thursday, 84 friday, then saturday, peak warmth at 92. we'll drop you back off for sunday. soorks little bit of a ride in the weather department. let's see how your morning drive is going. >> a little longer ride. hayward because of this crash we're talking about. south 880 past a street reports of the crash. you have traffic backed out of san leandro. from the south end of oakland past 238 down to the scene. this is backing folks back of astro valley y, we'll watch that

continue to build as they have yet to clear that. if you get on at winton or coming up to the san mateo bridge from the south you should be okay. as we look at the east shore freeway a nice flow, typical for westbound 80. an incident mark, i swung it around to look at the counter commute. reports of a stall. we saw flashing lights. this may have moved to the shoulder. this is that volume right around here. back to the map we're going to show you how traffic shapes up. the tri-valley, 68 o a typical flow, down into the south bay. back to you. >> thanks so much. 6:51. the trial begins for former redwood city high school student accused of trying to rape one of his teachers. police say the 21-year-old david velasquez tried to rape one of

his teachers at knife point in the parking garage at summit prep high school in january last year. he reportedly tried to force her in a car when another teacher came along and scared him away. he has pleaded not guilty. >> traffic killed a man and injured a woman are expected to be in court. the suspect allegedly left steve reed and a woman bound and gagged. reed later died at a hospital. the suspect charged with murder. >> clothing chain abercrombie & fitch reportedly reached a settlement in two lawsuits. a 21-year-old from san mateo along with attorneys will announce the settlements. khan claimed she was fired from her job because she wears a head scarf as part of her faith. abercrombie claimed it violated its policy for how employees

should dress. >> 49ers all pro linebacker on indefinite leave as he seeks treatment. bob redell is live at the team's new stadium. i think a lot of people were surprised he played yesterday but now we know he won't be playing on thursday. >> reporter: correct. good morning to you. 49ers linebacker alton smith has also apologized after yesterday's loss to the indianapolis colts, saying he was sorry for friday's arrest for driving under the influence and that he would seek treatment. his boss also announced that smith would not be playing in this thursday's game against the rams, that he could be out longer. there is no time table when he will be back. >> i'll take any shots any of you want to direct at the organization, you can direct them to me and i will support him as he is willing to work at

this and fight to get back. >> first i want to apologize to the team, the organization, my family, everybody i let down. i also wanted to let it be known that this is a problem and it's something that i will get fixed. >> reporter: friday's arrest is not the first time smith has been in legal trouble. earlier this month a man sued him claiming he was shot at a party at smith's house. the shoot alleges that smith was drunk. bob redell, "today in the bay." >> the 49ers new stadium is running short on parking spaces. now the steam trying to figure out how to fix it. a live look at the stadium again. the team says it's about 5 thousand parking spaces short. it's looking at leasting a youth soccer complex next to the stadium for additional parking. this could impact the nature

preserve. the preserve is home to a butter bly garden believed to sit atop an ancient indian burial ground. environmentalists don't want the open space to be turned into soccer fields. there is no final decision on this issue. meantime, rumors are flying the raiders have a new mascot and raider nation is not pleased. karen tweeted this picture of the raider rushier. the raiders decided to make this guy the new mascot. the raiders have not commented. the rusher developed as a character on a show. the raiders take on the broncos tonight at 5:40. >> 6:55. apple says it sold 9 million

iphones. has the stock up. >> more than the company sold the last time. >> almost twice as many. good morning. apple sold 9 million apples. it doesn't break down how many of each nor where the sales were strongest. we would love to see how many were sold in china. the number could have been wigger. opal sold of 5s. today's the first day small start ups can solicit money. that's jump start our business startups. the rule removes the prohibition in place since the depression. looking at the broader markets apple up better than 5 percent t the dow and the nasdaq barely moving. now down a couple of points. a nod to house of cards that won an emmy, the first time an on

line only tv show won 18 major category. it also one two others, best director is the one that got all of the attention. >> you arbig dan. >> that and boss on stars which probably not on stars but beginning on tvd. watch. >> i haven't seen either show. way behind. >> you have a weekend ahead of you. >> i do. thanks. >> i think we're going to do binge cake eating. it's christina loren's birthday. >> we've got a good looking day for anybody who is headed out and about. temperatures just about perfect as you consider warm days are numbered. 72 degrees, that's room temperature. will the winds for postponement of america's cup.

we'll take a closer look at that and i'll have your outlook. you don't want to miss this. here is your morning drive. >> looking here toward the south bay, we know about about this the slowing all the way from san jose into cupertino. south 880 out of oakland. we still have the fast lane blocked coming off of the castro valley why. a live look shows you the toll plaza. we have a predictable backup. there are reports of an earlier fender-bender. you may have another issue. the metering lights. back to you. >> a final check of the top stories. a kenyan oft official says two have been killed at mall. the standoff and hostage

situation continues. militants stormed the mall, 68 died, another 175 are injured. >> the u.n. general assembly meeting opens. president obama will address tomorrow discussing aran's nuclear program. syria's use of chemical weapon and peace talks between israel and the palestinians. >> cal trains running on schedule after a gas line broke near the tracks in san bruno. the construction wek apparently hit the line. crews worked through the night to fix that. >> we'll be back at 7:26 with our live local update. the first one of the morning. >> thanks for joining us.

breaking news, large explosions a plume of smoke billowing from the scene. are americans among the attackers? we're there, live. and tv's big night and surprises galore at the emmy awards. why are they calling it a strange night in hollywood? carson daly, one of the big winners, brings us the highlight. and born today, we kick off our week-long series dedicated to the challenges facing parents. we're in four different delivery rooms in four different hospitals. will one of those moms have their baby live? today, monday, september 23rd,