a peninsula couple out walking their dog is killed by a possible drunk driver. the new details we learned overnight from police. >> also, bracing for the worst. oakland getting ready for possible vandalismsoccupiers mark two years since the start of their movement in oakland. >> it's decision day as santa clara county judge gets ready to decide where a serial rapist will be released. >> let's take a live look outside. that is from san francisco, give you a nice shot of the bay bridge early on a friday. doesn't matter that it's early, it is friday, spectacular. also october 25th. this is "today in the bay."

it is friday also known as feel good friday. you know why? >> you feel good. >> exactly. 4:31. good morning. i'm jon kelley. >> good morning. i'm marla tellez in for laura garcia-cannon. i have a question. is it going to be a foggy friday? meteorologist christina loren. >> a legitimate question. good morning to you. thanks for waking up with us. we have patchy fog. happy to report you saw from the clear shot over the bay bridge, definitely not seeing as much at the coast. this is san jose, we have stratus clouds. overall pretty good, visibility is only below one mile in santa rosa a half mile. we are going to see more fog develop as we head throughout the morning hours. i'll let you know when the sun is going to break through. we have a warmer day and good looking weekend. i'll take you through the changes. here's mike. >> good morning.

880 through oakland by the coliseum, there is some road work on the roads. that's all on the reports right now. we lose a couple lanes south of the coliseum toward san leandro and the bay bridge we have your maintenance crew. we can show you the beautiful view, the visibility right now a lot better than it's been the last couple days. a smooth drive into and out of san francisco. again you lose one lane on the lower deck out of san francisco toward the oakland side. back to you. >> mike, thanks so much. 4:32. police are still on the scene of a deadly crash in menlo park. it happened just before 7:00 last night near the corner of chilco and constitution drive. police say 54-year-old marjorie rightsle appeared to be driving drunk when she hit a man and woman from behind, killing them. the couple was out walking their dog. officers say the car then crossed the center divide hitting a car before crashing into a tree.

rightsle was taken to the hospital with minor injuries and will be booked when released. bob redell is on the scene gathering information. he'll have a live report coming up at 5:00. >> a new protest effort in santa rosa, anger over the killing of 13-year-old andy lopez. people gathering outside santa rosa city hall at noon before marching to the sheriff's office. lopez was shot seven times by a deputy that happened on tuesday. the deputy thought that the toy gun, the replica ak-47 was real. last night protesters taking to the streets, a lot of them ended up at a growing memorial right at the location where lopez was killed. >> this what happens. >> an up scale kid from fountain grove. it was someone from the ghetto and sonoma county. we're not expendable and we're

going to make our voice be heard. >> local police aren't the only ones investigating this shooting. the mexican consulate has hired a private agency to look into this. they were at the scene yesterday taking pictures. >> today marks two years since the occupy oakland movement first began and the city is gearing up for new protests. protesters are expected to gather outside the marriott at 9:00 to protest the urban shield disaster drill training in alameda county and then at 5:00 march to oakland city hall. oakland police expect the protest to be peaceful but they are ready in case the new tools of violence law sin effect. it bans hammers, spray paint, sling shots and wrenches during demonstrations and protests. the law came about in response to vandalism caused by splinter groups in occupy protests. police are telling business owners to be prepared saying businesses should be well lit, surveillance cameras should be

turned on and video should be saved. all exterior doors with gaps should be covered with a steel plate to prevent them from being pried open and cash drawers should be left empty. >> a man known as the pillow case rapist will be released. christopher hubbard admitted to raping 40 women in the l.a. area and in the bay area including one on the campus of mon ro middle school. he is scheduled to be released from the state hospital and will likely wind up in l.a. county. a santa clara judge will decide the specifics on where he can live. he is being let go on a conditional release and he will have to wear a gps monitoring device. if he committed the crimes after 1994 the state's three strikes law would have kept him behind bars for life. >> we first told you about this story yesterday morning. fremont police are now asking for the public's help after a

road rage shooting incident yesterday morning along interstate 680. they say about 5:30 two drivers exited southbound 680 on mission boulevard. police say one driver shot at the other car because the driver was apparently going too slow. the victim is a 59-year-old man. he was hit three times but he is expected to survive. he had a dog in the car, that was not hit. and the shooter just sped off. fremont police want anyone who witnessed this incident to give them a call. >> the families and the survivors of that deadly limousine fire on the san mateo bridge filing a wrongful death and personal injury lawsuit. back in may you may recall nine women were on the way to a wedding celebration when the limousine burst into flames. five of them sadly died in the fire. four others survived. back in august investigators determined the fire started when the rear suspension failed. the family's attorneys say the

company is responsible, the company should be responsible for the modification and maintenance of limousine were at fault. they are going after the limo manufacturer, operator and limo repair company. >> 4:37. if you have ever had fruit flies in your house you know how hard it is to get rid of them. that's why the state secretary of agriculture is sending a team to deal with the invasive pests in cupertino. two oriental fruit flies were trapped. crews will put bait and insecticide in hopes of killing off the infestation these can be disastrous to more than 200 kinds of fruits and vegetables in the united states. >> today opening ceremonies for the annual mavericks big wave surf contest. time to go out and hang 10. this is video from recent competitions.

organizers they say this year's window starts november 1 and then runs through the end of march of next year. two dozen of the world's best surfers will be competing and they have only one day's notice if the waves, today's opening ceremony will be held off of maverick beach at half moon bay and start this afternoon at 2:00. >> you know this event every year depends on the forecast. >> i haven't been able to make it yet. i got my boarding trunks and even a surf board. >> a wet suit? >> working on the gear. >> sounds like it. meteorologist christina loren -- how are the mavericks looking this year? >> well, really depends on the conditions as we head deeper into the year. but yeah, you get a 24-hour window, the best surfers in the world have 24 hours to get to half moon bay. we hope that will happen this year. overall we don't have large swells now. bay bridge shows you what we do have, a clear start to this

friday morning. thanks for waking up with us. we're happy you're with us, happy you made it to the end of the work week. i want to point out off the bat with the lack of low clouds in places like napa temperatures are chilly. 41 degrees, 39 in novato and santa rosa. 49 in san jose so pull out the coat. bring the shades as you head off to work. we are seeing sunshine from the second half of the day, inland highs are going to reach in the low 80s. 74 degrees bayside. the coast 69 so the raiders are in town, we have fireworks in san francisco, lots happening around the bay area. i'm going to take you through your weekend forecast coming up. the seven-day is ready to go. let's check on your drive, see how we're doing if you are ready to go to work. >> if you are ready to go to work congratulations. most of us -- looking at a smooth drive for 101 past this bright sign over by ikea and the shopping center. a smooth drive around bay, we see green all over the drive.

we'll start with the south bay. there is the s.a.p. center, the disney on ice show. there will be smaller disney fans. a number of shows throughout the weekend so watch for foot traffic. the the freeway is moving fine right now as you would expect. the tri-valley no problem and no slowing out of the altamont through livermore and the tri-valley area. a smooth flow throughout the east bay corridor. highway 4, eastbound at the top of the screen shows slowing out of hercules over to concord but that's early morning traffic flow just getting started. no incidents reported. no construction crews either. we'll look to the east shore freeway. look at that coming down to the bay bridge. back to you. >> mike, have you heard about this. in a few hours officials will talk about a possible toll increase at the golden gate bridge. the district has to figure out a way to erase a $142 million

deficit over the next five years. one of the things the board of directors is looking at is making it more expensive to cross the iconic bridge but they haven't talked publicly about an amount. right now you probably know it cost $5 for fast track customers and $6 for everyone else. the golden gate bridge is the most expensive of all of the bridges in the bay area to cross. >> 4:41. a new idea this morning. we're going to figure out how much san francisco's twitter is worth. we can tell you it's in the billions. >> i think it starts with a "b." >> coming up in a live report. >> san francisco man accused of beating his dog cleared in a court of law but now he is in a new fight to get his dog back. why his lawyer says she being discriminated against. >> we'll get new insight into the disappearance of jonbenet ramsey, including why prosecutors never pressed charges against the young girl's parents.

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it's 4:44. today we could learn what led to the indictment against john and patsy ramsey in the death of their young daughter jonbenet. the indictment will be released in response to a lawsuit file

bid a reporter and the group. the indictment has been sealed since 1999. john ramsey objected but a judge ruled for the release. the couple was suspected of killing their 6-year-old daughter in 1996 but no charges were filed. >> a group called stop watching us calling for a largest rally against mass surveillance in washington, they are planning to march on capitol hill over the weekend and the group also street lobby on capitol hill says the nsa needs to be reeled in. this coming after a new report from the guardian newspaper revealing whistle-blower edward snowden's claim the u.s. spied on 35 different world leaders. there is no comment from the white house so far which has faced france and germany for allegedly gathering french phone records and taping german chancellor angela merkel's cell phone. >> merkel, she is actually in

brussels this morning, says trust needs to be rebuilt between the u.s. and europe following a debate among representatives of the european council. she says the fact that trust needed to be rebuilt implies trust has been severely shaken. earlier this week a german magazine published leaks from snowden showing the nsa may have monitored merkel's phone calls which the white house denies. >> 4:46. we're getting a better idea what's going to happen when san francisco's twitter's ipo next month. also the rest of the news before the bell. good morning. >> good morning to you. twitter road show today when they meet across the country trying to gain support going into its initial public offering. executives will meet on wall street including morgan sacks and jpmorgan. the twitter ipo is expected to

price november 6, last night we learned twitter plans to sell shares between 17 and $20 per share, it is offering 70 million shares suggesting it could raise $1.4 billion. and the note that twitter is head quartered in san francisco. the stock futures pointing to a lower open on wall street. this is the morning after we saw markets close higher thursday, investors get a fresh report on how consumers feel about the economy when sen estimate released. we'll see if the government shutdown had an impact. and big tech earnings out after the bell, microsoft rose 17% beating expectations t company says it saw strong business sales for office and server products. shares jumped more than 5% and amazon revenue beat expectations. the retail giant's loss met wall

street's forecast, the third consecutive quarter. the company reported a loss. back to you. >> very good. thanks so much. >> 4:48 now. christina loren is back and our stock seems to be rising around here. we got friday, we got the weekend, temperatures weep going up. >> you know it's a beautiful place to live. and it's going to be nice this weekend before we drop like a rock getting into next week. i want to thank you for waking up with us. this live picture over the golden gate bridge which you can actually see this morning. first time you can see the bridge at this early hour. all week long we've had the thick fog. this morning things are going to change a bit. with the lack of fog it's not as thick this morning. we have temperatures that are really dropping off especially from the north bay we are dipping into the 30s. make sure you're ready for that, cold condition this is morning. in the north end of the bay area. otherwise pretty good. 52 to start the day in livermore. i want to show you your visibility going in and out. santa rosa started the show with a half mile visibility.

now a mile and a quarter. a half mile available to you now in napa. so travel through the north bay, we're looking pretty good down in the south bay, gilroy is now at 3 miles, 10 miles or better in san jose so we're looking good. 8 miles available to you in livermore this morning. so as we head throughout day, it's going to be pretty comfortable. temperatures are going to warm up nicely. yesterday was a cool day, 78 degrees up by about 5 degrees in livermore. 72 in san jose. 71 in fremont. and the raiders are back at it here in oak town as we get into this sunday. they are taking on the steelers. it's going to be a nice day for a football game. temperatures mostly in the mid to upper 60s over the course of the game. let's go raiders. you want to head to tahoe this weekend what a treat we have. peak fall color. temperatures nice and mild and you want to get out there because our next snow chance in tahoe arrives on monday. this is a look at how pretty it

gets around the lake. just fabulous. temperatures look good all weekend long for beach plans, sunday a little cooler, grayer than what we expect on saturday. monday to tuesday, we get changes, temperatures drop like a rock, talking about a lot of cloud cover next week. not looking at showers in the bay area, though, so we look to stay mostly dry. back to you. >> like the sound of it. thank you. 4:50. a homeless man in san francisco is trying to get his chihuahua back. he was accused, jailed, then acquitted on animal abuse charges but now faces an uphill battle because while he was in jail his dog was adopted by the man who accused him of abusing it in the first place. morris berry is the man on the left in the dark jacket. that is his chihuahua aubrey. the guard called saying that he threw the dog against a wall. he was arrested and charged with animal cruelty. berry says he was carrying the dog and some of his belongings

in a plastic bag, the dog jumped out right into traffic and was scooped up before being hit by a car. he says that security guard thought that was abuse and thought that berrian was scolding the dog for running off. >> the key thing here is i think he was stereotyped plxt berrian as you see he had aubrey in a plastic bag but let's be honest. it's not a purse, it's not a fancy designer bag. and so if you see a dog in a plastic bag, that caused people to judge him. >> a spokeswoman for the public defender's office says attorneys are looking into how to get aubrey back. >> it's 4:51. the sharks suffer their first regulation loss of the season and it's a painful one. >> plus we'll tell you about the arizona teenager doing something nobody in scottsdale has done in nearly 40 years. mcquaid

with sharks defenseman dan boyle injured he is taking time to talk about the day he took that hit. boyle says he is not read the forgive for this nasty cheap shot back on october 15th. boyle says lapierre did leave him a message but he did not take that phone call. he's telling the "mercury news" he does remember the start of

the game and warm-ups but does not remember any of the game itself or the hit or even being carried off that ice. he does, however, remember being in the ambulance afterwards. boyle did practice yesterday so that's good news, she progressing but there is no word on exactly when he will be back, still painful to watch. >> speaking of the sharks the team suffered a tough loss in boston last night. all tied up until the final second when the bruins scored with just .8 second left. san jose could not respond. sharks lose 2-1, their first loss in regulation for the season. that's okay. got it out of the system. >> it's a long season, it's more important to be winning toward the end right before the playoffs and into the stanley cup. positive take. >> 4:55. mike inouye is here. he knows a lot about traffic. >> i do. after jon and i surf the

mavericks. good stuff. we watch a lot of tv. the traffic flows nicely southbound 880 toward mission boulevard. things are moving nicely. we'll show you the same for 680 into the same area. no delays throughout this area. crossing the bay a smooth easy drive. 92 shows slowing. the live camera, nothing unusual. a few more cars changing the averages. that's the same situation around the bay, a smooth flow. folks are starting to hit the roads. so far no trouble spots, back to you. >> mike, thank you. how about this. after a decades long freeze in the not so literal sense scottsdale getting its first ice cream truck. it's run by a girl barely old enough to drive. she is 16-year-old sydney, she received scottsdale's first ice cream truck license since way back in the 1970s. that's hard to believe. you need ice cream in the desert. she owns leo's ice cream, a

business she bought at 16, way to go. the previous owner led the effort to overturn the ban on ice cream trucks and sydney received the city's first license. >> she is going to make a lot of money there. >> that's a great place to do it. hearing the ice cream truck music gets you excited. >> i'll take a scoop of mint. >> i'll get you two. san jose telling high schoolers their car wash fundraiser has to stop. why it's dangerous. >> why the b.a.r.t. contract could bring b.a.r.t. riders relief literally. why the contract fight shut down some station bathrooms.

to those who've waited... worried... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com. a peninsula couple out walking their dog killed by a possible drunk driver. we have the new details we learned from overnight from police. >> reporter: new this morning, the city of oakland is getting ready for the second anniversary of the occupy oakland eviction

at franco gala plaza. thousands of police officers are in town for another event and protests are planned. i >> happy friday to you. we do have patchy fog but the coast is mostly clear for now. we'll let you know what you can expect for the all-important weekend. the numbers coming right up. >> we like that, the coast is clear, so is the road over the san mateo bridge. more are starting to hit the road. the slowdowns early on this lack of clear day. >> look likes there is some cloud cover out there. once again that orangey red hue to help get us started. this is "today in the bay." good morning. thanks for being with us. it's 5:00. i'm marla tellez in for laura garcia-cannon. >> and i'm jon kelley.