second stretch. from 98th where we're starting to hit the brake lites down past marina. let's show you the map. a crash in lanes at marina and that was quite a slow down there. they've cleared the big rig and a number of other vehicles to the shoulder. still a big distraction as crews are on scene and that is the slow drive have heading down towards hayward. by the time you reach 238. things are clear. you have that flow a little earlier than you expect. the rest of your approach towards the bay bridge in the opposite direction moves northbound for west 80 we have slowing off the maze. move your map out because nothing really unexpected for that portion of the bay. south bay things are slowing down for 101 and 87 through san jose. back to you. at 6::00, developing right now a popular bay area trail is closed this morning as authorities comb the area for clues after a hiker was found shot to death last night. >> the investigation is under way right now with the loma alta preserve at fairfax.

stephanie chuang joining us live from the scene. mysterious circumstances surrounding this death. what do we know? >> it's very dark. investigators will do the bulk of their work when it is light out but this part of the trail is called gun trail. we see that vehicle there with one investigator. he had a plastic bucket or case in his hand. i don't know if they're looking at evidence now. a lot to figure out surrounding this possible homicide. appears there may have been a mountain bike on the ground where marin county investigators were searching last night. the body discovered at 6:00 last night. sheriff deputies found a dog that was unharmed and turned over to the marin humane society. it is unclear if the dog belongs to this victim. so far, investigators say it appears to be a murder, but as of last night officially, again, they were still searching for evidence. this is a popular hiking trail in the preserve. in the area of gunshot fire road

north of surfrancis boulevard described as a steep path according to marin county parks. popular on the way because of spectacular views of the bay ar area. an area with low light. so, this trail along with surrounding trails are oepen to the public until deputies finish would their preliminary investigation at the scene, again, when it is light out with marin county and fairfax police responded in addition to the open space rangers. again, a lot going on in terms of question. who was this person? we don't know. we don't have a name. we don't even know yet if this was a man or a woman. live here in fairfax, stephanie chuang. now, we're hearing shocking allegations against correctional deputies inside a sonoma county jail. >> a new lawsuit claims two dozen inmates were beaten and tortured for hours by jobs whose is to keep order. kris sanchez live and, kris, the suit claims the guards were masked while walking cell by cell actually beating the men

inside. >> it sounds like it was a systematic situation. the bay area attorney claims he got more than 20 letters from inmates detailing hours of beatings. he says rise to the level of torture. and that some of that abuse was caught on video by the very guard accused of that brutality. that attorney is filing a federal complaint on behalf of two of those inmates today. those inmates and about 20 others were beaten on the same day, according to that press release sent out by the civil rights attorney. i talked with him by phone this morning and he said he will elaborate in a few hours and here's what we he knows so far. the 20 plus inmates were systematically beaten on may 28th. one inmate was thrown to the ground, beaten, cuffed and that guard used a taser on him. and then locked him in isolation naked covered in his own feces. sheriff spokesman says the claims are baseless and he

released a statement to bay city news group the correctional deputies were responding to the actions of a seemingly coordinated mass disturbance. i read that to be a prison riot. now, between the time that we received the information from that filing attorney and this morning, we have not been able to independently confirm these details. we are working on that and we will be at that press conference scheduled for 11:00 this morning. sam and laura. >> more to come on that federal complaint. thank you very much, kris. s, meantime, they resume their search for a bay area tech worker last seen at a local lake on friday. bob redell joining us live in livermore. bob, co-workers say the man didn't make it to shore and no one was wearing life jackets at the time either. >> and, sam, that's why for the past four days the east bay regional parks district has been searching lake del valle looking for this man.

they might do the same again today. this is a person they're looking for. name is raghavendra indugula. he is with a software company wased out of san francisco. the district is afraid he might have drowned. he was out on the water friday with about 20 of his co-workers for a team building exercise. at around 7:00 that night a captain of a privately owned boat started ferrying him and his co-workers back to shore. eight people onboard this 14-foot aluminum boat and three life jackets that no one was wearing. >> at some point the boat started taking on water. when everyone got to shore that's when they realized one of their party was missing. >> according to indugula's linkedin page he started working at salesforce in april. they issued a statement in part expressing their thoughts for his family and his friends.

east bay original park district said it is possible that the captain of that boat could face charges. reporting live here in livermore, bob redell, "today in the bay." >> bob, thank you. a follow up now the victim who was able to wrestle a gun away during a home invasion in san francisco is telling us about what was going on through his mind in that brazen attack. the entire thing caught on surveillance camera. bill was taking out the trash last monday at his home near ocean beach. that's when a man wearing a gray hoodie run to the camera and ran in behind him and started to attack him. >> he ran in behind me and a gun drawn and ran at me like a monster. what's going through my mind at that point is hurting him. like i don't like monsteres i attack monsteres. >> he was able to grab the gun away. he said he pulled the trigger but the gun wasn't loaded. the suspect got away and is still on the run right now.

showed us other video from a couple hours before that attack. he says it shows people he doesn't know hanging around the front of his house. police say they're reviewing all the video in this case, hoping that it leads them to an arrest. >> wow, quite frightening there. 6:07 right now. oakland police make a break in the case of a muralist gunned down last week. this surveillance of someone they're calling a person of interest in the killing of antonio ramos. police say there was some sort of dispute before the shooting, but so far they have not been able to track down the gunman. >> addressing what they see as a crisis, nurses planning to walk off the job this morning in contra costa county. nurses at the medical center and several clinics are going on strike today. among their complaints the level of staffing. they say simply not enough nurses to safely treat patients. this morning, the nurses will march to the contra costa board of supervisors meeting to make

their point. meantime in the south bay, faculty at south bay holding a march and rally in preparation for a strike vote. dozens of faculty marching through camps and downtown san jose this afternoon. the entire csu faculty is holding a vote later in the month. they're asking csu management for fairness for faculty, students and staff. 6:08. starting today a new principal will oversee the sunnyvale school. the board of directors announced last night that dr. william overton will take over as both principal and superintendent at spark charter school. this comes after a sexual assault investigation left three workers without a job last month, including jonathan chow, who police say sexually assaulted a student. the school claims it didn't know until after chow's arrest. and almost none of the school's employees were fingerprinted or background checked. lightniinlightening things .

temperature have remained fairly cool here, kari. >> as you rise and shine, expect a lot of sunshine as we go into the afternoon. still some low clouds this morning. that will gradually clear lunchtime and a high of 81 degrees can be expected today in los gatos. palo alto and up to 68 degrees and 85 degrees in fairfield and napa 85 degrees and 74 in oakland. in san ramon today up to 79 degrees. these temperatures feel comfortable. about average for the beginning of october, but does go back to summer as we especially head into saturday. i'll show you that coming up in a few minutes. let's check in now with mike. he's been so busy this morning. what is going on now? >> i can't complain because i'm not in the slow down that we have been reporting here through oakland. a tough morning right here for the nimitz past 98 and past our shot. we show you the shot that goes down to marina boulevard where an earlier crash leaves a big

rig and a number of other vehicles on the shoulder. you saw the sensors change from red to orange. on average the speeds are coming up to the mid-50s on average to that area. adds many minutes to your commute. easy option for you, otherwise add another ten. you stay through the area and bay bridge toll plaza has your metering lights on and nothing unexpected out of the maze. the build is on there. same thing for the north bay and over in the tri-valley a little slowing for the dublin interchange and south of that crash at marina. a lighter flow of traffic ander through union city and hayward. northbound routes just starting to build for 87 and live camera just at the 280 interchange and someone hit their brakes a little too hard, but it's moving. back to you. >> thank you very much. 6:10 now. coming up, filet mignon on a paper plate. pricy wine in a paper cup. the extreme measures on one california city are trying to save water. >> so much for romance. drones are fun and fleet

week is fun. the two together, not fun. we'll take a look coming up in business news. friends and neighbors came

together in fremont last night to celebrate the life of a woman -- allegedly killed it is 6:13. friends and family came together to celebrate the life of a woman killed. a candlelight vigil was held in honor. police arrested her 31-year-old son, omar, over the weekend.

the investigation started last week when found the woman's body at the apartment she shared with her son. police have not released a motive for that killing. more tough questions for the pentagon today as the military tries to explain why a u.s. gun ship bombed a hospital in afghanistan. the top u.s. commander in afghanistan will appear in front of the senate armed services committee this morning. 22 people died in the bombing, including doctors and patients. the hospital was run by the group doctors without borders to care for the local population. >> we've directed our forces in the area to make sure that all civilians who need medical care know that our medical facilities are available to treat them. >> the u.s. top general says afghan troops on the ground ordered the air strike. that's the difference from the initial report that u.s. troops were taking. new this morning, a story that could certainly impact you. a rulinging up the way that

internet data is traded between europe and the united states. this case revolves around the safe harbor agreement which allows u.s. firms to collect. should be protected from u.s.-based naul firms. the european court of justices is the highest court in europe today ruled that safe harbor by itself is not enough to allow european's personal information to be shared with u.s. companies. now, scott mcgrew come continues our coverage. >> this could be a huge headache for american companies. >> a really big one. the kid in austria you're talking about knows he is using an american site, right, facebook. he wants his facebook data to stay in europe. right now what happens under that safe harbor law you were talking about is that it saves the information and once it's in m menlo park even if the data is in california. this law covers all kinds of companies.

you take a picture with your i in paris and it's probably going to be stored on an icloud computer in cupertino, again, protected under european law and standards of privacy. take one in san francisco, you're subject to american privacy standards. those are much lower. the courts in europe have said it's forcing european law even on american computers isn't good enough. data from europe has to stay in europe. so, if you're a facebook or apple or netflix or google user, you're going to have to keep it in europe and that means those companies are going to have to build a lot more server farms over here. speaking of rules, the faa is reminding you not to fly your drone anywhere near fleet week when the blue angels are flying. you can imagine someone thinking, great video. you can also imagine how that would go very wrong. let's go back to the map. the fas says no flying of anything. planes, drones, whatever centering around a certain point and the pilots know all about it. but it's stemming all the way through the san francisco water

front. starting thursday night. these aren't new rules, but drones are new and faa wants to make sure that drone operators know. the 49ers reminding you, don't fly over games, either. >> drones are fun to operate and can capture amazing images, but they must be flown safely away from people and crowds. you can't fly them over stadiums, airports, plane. >> microsoft has new software at 7:00 a.m. our time in new york city. here's keith balmer showing some phones a couple years ago. windows phones never caught on. microsoft hoping maybe corporate america would use them. only about 3% of american phone users use a windows phone. i have to admit, this one has been on my desk and uncharged. >> who knows the messages you could be receiving. >> yeah. >> it's not replacing the blackberries, which are also -- >> or your razor. >> there you go. maybe a date for dinner was

waiting on that phone. filet mignon on a paper plate. that could be the reality for restaurants in the coastal city of fort bragg under tough new water restrictions. fort bragg declared a water emergency last week. under the new rules, residents cannot water their lawns or landscaping at all and restaurants and hotels must use disposable plates, cups, flatware to try to cut back on dishwashing. fort bragg says it is a primary water source. the river has gotten so low that ocean water started seeping into the pipes. >> more of the landfills, right? >> i think you're addressing one problem but potentially creating another one and make sure they recycle. >> all right, i am calling a water drought emergency. >> maybe a good day for a picnic. >> yeah, i think so. that is a great idea, especially when the temperatures are this comfertile. start out with some clouds

across the bay bridge and not seeing it struobstruct your visibility for any reason. we don't have any fog, but the clouds moving in, as you see the sun rise this morning. and it will befortable out there for now. picnic or whatever you plan to do, it is now 57 degrees in livermore and sunnyvale is at 59 degrees and san jose also 59 degrees. as we go hour-by-hour in livermore. here's a look at the temperature trend throughout the day. 58 degrees and by 3:00, 82 degrees. so, a little bit warmer than it was yesterday. you keep the sunshine and a look at all the microclimates in san jose today up to 82 degrees. palo alto 79 degrees and embarcadero and oakland 74. and san ramon will be topping out at 79 degrees. it's fleet week and a lot of the festivities going on tomorrow in san francisco. the u.s. navy band will perform live. it will be 69 degrees thursday

and 71 degrees and you'll see some of the air practice going on. the parade of ships on friday. 72 degrees and the air show on saturday and sunday and highs in the lower 70s and ship tours happening on columbus day. an area of low pressure continues to move just to the east of us. it's been keeping us cool and then we also have the morning clouds. some coastal fog and high pressure builds towards the end of the week. that will keep our temperatures rise between wednesday and friday. but there is a little bit of relief in that forecast heading into the weekend. the futurecast shows more clouds moving in and the possibility of some rain happening between saturday night and sunday. so, i'll keep an eye on that for you. here's a look at the columbus day weekend forecast with highs that will be a touch warmer on saturday, but coming down a few degrees on sunday and by columbus day, it will be nice and comfortable. mostly 70s and 80s all across the bay. let's check in now with mike with a look at that commute. >> the weather looks great. the commute is slow. not so dprat here in san jose.

a stall just north of the camera. i zoomed it out and i could not find the stall but look at the sensors. our story where things jam up and then it clears up, again. but the build is on and the slowing starts back now at capital expressway. 87 also starts to have a little dip in those speedometers there. an earlier crash looks like it is out of lanes and more traffic in the dublin interchange and this is your typical pattern. you expect that for a tuesday. really kicking in now. things are still recovering south of marina down out of oakland and in towards hayward and also the bay bridge toll plaza continues to build. a crash over in concord at highway 4 and that could slow things down. i'll get more details and, again, this slowing right here. we'll give the live looks from the coliseum. south 880 and down to about marina. the earlier crash still has a big rig on the shoulder and that's a distraction and that has folks tapping the brake. back to you. >> thanks, mike. coming up next, from the

football field to the courtroom. he's been signed, he's playing for the raiders. but former 49er alden smith will face a judge, once again, this morning. check your pantry. "general

mills" is recalling 6:24. general mills is recalling boxes of cheerios and honey nut cheerios because some may contain wheat.

the company says wary with better use by dates july 12th through july 25th of 2016. a follow up now, palo alto library is bed bug free. after the pests were found at mitchfield park library. both were temporarily closed for treatment. especially trained dogs will be back at the libraries this week to make sure the bugs are gone for good. >> makes you want to get out of bed right there. foul play in the world of fantasy sports. a sinister new accusation morning coming from inside the unregulated world of fantasy sports. you have seen those games that have been flooding airwaves. draftkipgs employee may have used insider information or what will be the equivalent of that. $50,000 on a competing site fan duel. that worker mistakenly released data showing he had access to information that could provide

an unfair tactical edge. that same week the worker scored a six-figure prize of $350,000. employees from both companies are now barred from participating in contests involving money. we should mention nbc universal parent company comcast does have stake in fan duel. smith is heading back to court this morn and arraigned on three misdemeanors. back in august, the talented but troubled player was arrested on suspicion of dui, hit and run and vandalism. santa clara police say police struck a neighbor's car before taking off. marks fifth arrest since 2012. 49ers cut smith from the team after this latest arrest. raiders picked him up just days before the season end. allegedly abused again and again. former inmates at a bay area jail detail what they're calling systemic and attacks from guards. plus, rain powerful enough

to unearth caskets in south carolina.

joining us. i'm sam brock =laura/2shot= and i'm laura garcia cannon. and kn morning. thank you for joining us on a traffic tuesday. i'm sam brock. >> i hope that's not the case. i'm laura garcia-cannon. we're tracking the weather and the roadways for you. mike tracking that tuesday commute. we'll start with meteorologist kari hall with that microclimate

forecast. >> not a lot going on here. nice and quiet we will see some clouds in some spots, especially near the coast this morning. and temperatures are cool. 54 degrees in the north bay. san francisco is now at 61 degrees and here's a look at all the microclimate today and today's forecast. 78 degrees in the east bay. while 68 degrees in san francisco and you'll see more clouds than you had yesterday. and 81 in the south bay. it does up as we head closer to the weekend. i'll show you that coming up in just a few minutes but right now mike's tracking the approach to san francisco bay bridge. >> that's right, kari. as sam called it traffic tuesday. sorry, laura. i know you don't want to see all these folks backed up. we'll look at the map and actually worse just the toll plaza. oakland 880 southbound before we'll check that map. you take what you can and looking over here southbound with more slowing south of the coliseum down to marina because of an earlier crash that is still over on the shoulder and now we'll try to show you the

map. speed sensors slow because of that crash i told you about and also coming off of the maze and off the east shore freeway and all the east bay and the south bay just starts to build northbound coming up through 101. back to you. still building and playing out in south carolina. a story that continues to develop there. that state is seeing sunshine this morning for the first time in days after more than two feet of rain triggered historic and deadly flooding. power is slowly being restored to millions of people and many neighborhood are still under water and they could be for quite some time. dave wagner is live in columbia, south carolina. one of the hardest hit cities and the rain is over and the dang certainly is not. >> yeah, good morning, laura and sam. unfortunately, in some areas the water continues to rise, not recede. it's been a dangerous few days. 11 people dead here in south carolina. two in north carolina. and residents being forced to

flee at a moment's notice. columbia, south carolina. after two feet of rain, dam breaches flooding already hard-hit areas. >> we've got to get people down stream evacuated. if this dam goes, the 50,000 people are going to be washed away. >> not everyone is heeding the warnings. >> we don't want to have to come out and rescue and, much worse, we don't want to have you added to the number of fatalities. >> with no other place to go, shelters are filled with families. water is not safe to drink and bottled water is in high demand. >> we've got very low water pressure and what water we do get, we have to boil it. >> reporter: in downtown columbia, fire trucks are pumping wattner to a hospital. travel is tricky and treacherous. 550 roads and bridges are washed out. >> the roads are still unsafe. a lot of them have been undermined by the flooding.

>> reporter: when the water recedes, it clefears the suffer in south carolina won't end any time soon and neither will the memory of this historic storm. for students here in the area, classes have been canceled today, including more than 30,000 students at the university of south carolina. one bit of good news today, sam and laura. it finally, finally after a week of all this rain, there's some sunshine here. so that's one bright spot in what otherwise has been a very difficult and dark week for the city of columbia, south carolina. sam, laura? >> thank you very much, dave. we talk about dark. take a look at this. a pastor in south carolina waded out into waist deep flood waters to retrieve a casket that floated away from a cemetery. he was tired of waiting for someone else to do something, so, against the order of deputies, he went into the water and pushed that casket back to dry ground. the family of the deceased were

grieving enough and he didn't want them to hurt any more. well, "today" show picked up our coverage of this developing story coming up at 7:00. at 6:33. shocking als of abuse involving correctional deputies in the north bay. a new lawsuit claims guards dressed in all black and wearing ski masks viciously beat inmates for hours inside a sonoma county jail. >> "today in the bay" kris sanchez joining us. that lawsuit specifically described as alleged attack or series of attacks as sadistic. >> we're trying to get our hands on that lawsuit this morning, but the bay area attorney claimed he got more than 20 letters from inmates detailing hours of beatings that he says rise to the level of torture and that some of that abuse was caught on video with the very guard was accused of that brutality. that attorney is filing a federal complaint. those inmates and about 20 others were allegedly all beaten on the same day, according to a release sent out by the officer of santa rosa criminal defense

and civil rights attorney. i talked with him by phone this morning and he says he will elaborate in a few hours. but he claims that the 20 plus inmates were systematically beaten on may 28th. all on the same day. one inmate in particular that was cuffed, thrown to the ground and beaten and kicked.dressed ik locked him. a sheriff'sesman says that those claims are baseless. releasing a statement to bay city news group releasing in part, the correctional deputies were responding to the actions of a seemingly coordinated mass disturbance by inmates housed in administrative segregation. i read that to be some sort of jail riot. now, between the time we received this information from the filing attorney and this morning, we have not been able to independently obtain documentation of these details, though we are still working on that. we will be at that press

conference scheduled for 11:00 this morning. sam? >> kris, thank you very much. developing right now, a popular bay area trail is closed this morning. authorities comb the area for clues about a hiker who was found shot to death last night. >> the investigation is under way right now at the loma alta preserves in fairfax. steph, what do we know? >> laura and sam, we know it appears to be a murder, but, really, investigators are stopping short of officially calling that unthe preliminary investigation and the evidence collection is really done. right now here at the trail, you can see there is a park, the marin county parks open ranger. he was just on the phone, he just got. the others had blue gloves on and dipping in and out of the area ducking under the crime scene tape that you see there blocking off that popular hiking trail. and the crime scene unit, this trail here known as railroad

grade fire road. i just clarified that with one of the park rangers here. it appears that there was maybe a mountain bike on the ground where marin county investigators were searching last night. i just spoke with two hikers off camera who said it is pretty popular, especially in the early evening with mountain bikers and hikers here. nearby the deputies also found a dog unharmed and turned over to the marin society and unclear if the dog belonged to the victim. now, this area is also in an area with low lights in it. so, the area here, the surrounding trails and closed to the public until investigators are finished looking around and collecting evidence. again, still very early on. investigators will not release a name, not even say if the victim was a man or a woman. and a lot of questions remain. was it for random act, specific target or was this person shot here or was the body dumped here? again a lot to answer. these were the questions that the two hikers had of who i spoke with this morning and they

said it is startling to hear, but they're going to wait to hear exact what information comes out of this before they determine if they feel safe or not. but they say this area, generally, very safe to be in. live here in a fairfax, stephanie chuang, "today in the bay." it is 6:38 right now. san ramon man accused of sexually assaulting women he met through social media was arrested in illinois. the man met woman in the bay area through facebook and tinder over the summer. he was arrested nearly two weeks ago with the help of police at the university of illinois urbana-champaign. not clear if he attended that university. he used aliases on several websites to meet women. drugged them and then sexually assaulted them. well, it's controversial and conflicting, even for the person who signed it into law. california now allows doctors to help terminally ill people end

their owns. as of yesterday, governor brown signed it into law. california now becomes the fifth state to allow doctors to prescribe lethal drugs to patients who expect to live six months or fewer. the faith of this bill is that of cancer victim britney menard. the bay area woman who gained international attention when she moved to oregon to take advantage of that state's right to die law. the california version will take effect starting next year. along with california, doctors in oregon, washington, montana and vermont can also prescribe life-ending drugs. at least two dozen other states have introduced right to die legislation this year, but those measures have stalled. now, there are some key requirements that must be met to allow a patient the right to die. patients must have approval from two different doctors and must have six months or fewer to live and must be able to swallow the medication themself. they must also have the mental capacity to make their own medical decision. let's turn to lighter news now, talk about the forecast and

nice start to our day, kari. >> it will be a beautiful afternoon with a lot of sunshine all across the bay area. as we are now at 57 degrees in livermore. san francisco 61 degrees and 60 now in santa rosa. feel like we're seeing the clouds this morning and bright and sunny today with a high of 82 degrees and a little bitter than it was yesterday in san carlo and 85 in fairfield and oakland 74 and pleasanton we'll see a high of 82 degrees this afternoon. the next few days it will be heat up and feeling some 90s. i'll show you when you can see that coming up. let's check in now with mike who has been tracking a lot of problems taking you to the san mateo bridge. >> very slow a few minutes ago and then in the last couple of seconds, i saw traffic getting a little bit lighter west 92. that's not good news, though, because if you're not on the span already. let me show you the map and the problem. we have a crash south 880 just

south of 2 and that's slowing down the transition and getting there is a tougher now out of oakland and that distraction will slow you north coming out of union city, for example. that is the worst of the slowing over in the east bay and on the nimitz side of the san mateo bridge. the peninsula side hasn't seen any slowing just yet. same thing for dumbarto bridge. northbound 101 at capital expressway and those are the two worst slows that we've seen cropping up over the last few minutes and the volume kicks in for san jose freeways heading north. over here, highway 4, a number of crashes through concord and walnut creek and look like they're clearing to the shoulder and slow down the east shore freeway and out of the maze, as well. the peninsula side just fine and we're looking at a nice north bay build and back to you. >> a lot like that. thanks a lot. coming up, california moves one big step closer to closing that pay gap between men and women. volkswagen warns a huge pay cuts. the markets try to move a bit higher this morning.

dow up 40 points and dupont jumping 11% after the ceo jumps down. it will hurt her feelings. take business news in just a minute. happening today... =laura/vo=

happening today, closing the gender wage gap. governor brown will sign a bill into law this morning requiring

employers to pay men and women evening wale for doing the same work. state legislature passed the california fair pay act last month. signing will take place in richmond at the rosy the riveter national historic park. decision 2016. hillary clinton says tougher gun laws could help cut america's death toll from firearms for 10,000 a year. promising executive action to make it happen if she's elected president. at a "today" show pantop cake breakfast she was able to push the focus off her e-mailal thanks to mccarthy's damaging was politically motivated. >> look at the situation they chose to exploit to go after me for political reasons. the death of four americans in benghazi. >> meanwhile, on the republican side of things, carly fiorina is now running second in new

hampshire and third in iowa. yesterday she fired back at a "washington post" article about a story she said took too long to pay back debt accrued during her failed senate run in 2010. fiorina pointed out it's paid back now and that many politicians take years to pay back their campaign debt. meantime, several strong performances on the campaign trail and missteps by other candidates have helped improved marco rubio to make it to win the party's nomination. some say he's the favorite now to win the gop nod. hear from rubio himself coming up at 7:00. noisy issue in one north bay city will now reportedly be decided by voters. some residents in the city of sonoma are tired of the sound of leaf blowers. city council members have been debate a ban not only for parks and commercial areas, but also for homes and not just gas blowers, but electric, as well. yesterday the council decided to reject the ban and, instead,

make it a ballot measure some time next year. the berkeley city council is one step closer to implementing a controversial cell phone labeling plan. today city leaders are expected to slightly res have an ordinance before it goes into effect next month that will force retailers to tell you about the amount of radiation that your phone is releasing. cell phone companies went to court over this issue claiming it was a violation of free speech and the federal judge recently rejected that claim. one of the lawyers in that case to represent the city is running for president. >> scott mcgrew, a big name in a very small circle. >> it's entirely possible you haven't heard of him. but a tireless defender of internet freedom. he used to work at stanford law school and now teaches at harvard he raised his first million dollars for his campaign and pressuring the democratic party to include him on the debate. he says as president he will push through campaign finance reform and the minute he does, he'll resign and hand the presidency to his yet to be

named vice president. the new ceo of volkswagen is warning employees this morning the company will need to make massive cost cuts to repair for the recall and repair of millions of vws. if they can save the money, they can survive. it's fleet week. the faa once again reminding pilots of a once a year no-fly zone around the san francisco water front for the blue angels can fly safely. but it wants to extend that reminder to drone operators, as well. no flying anything from the ground at 15,000 to around the water front from thursday night through the weekend. you imagine someone thinking, hey, i can get great video with a drone and you can imagine how that could go very bad very fast. shares of twitter jumped monday after the company said interim ceo and founder jack dorsey would be the permanent ceo and time today twitter will change the way it shows you tweets on your phone and your

computer. starting the day after dorsey took control. basically, guys, breaking news, twitter is going to collect those together in a curated way. going to launch a new site called uploaded. we've got some competition. seems like twitter is making a lot of changes to the formatting in general. >> it needs to find more uses. the people who use twitter use it the people who don't. >> don't. tweeting about this forecast, too. >> i was going to say, is it rather refreshing? >> i think so until the end of the week. >> and then that changes. >> get hot as we go deepner to fall, it will feel more like summer out there. as we start out this morning, we do have low clouds over san francisco and you'll see these clouds throughout the day. kind of a mix of sun and clouds and temperatures held down a few degrees. but we are not seeing these clouds everywhere. so, our cooler air will be only along the immediate coast in the inner bay and then for the

inland valleys, we will have a few more degrees added on to what we yesterday. let me take you hour-by-hour in san jose. 59 degrees at 8:00 and we have bright sunshine all throughout the morning. lunchtime at 77 degrees. 1:00, 83 degrees and we see those temperatures rising into the low 80s. and a light wind. in gilroy today 80 degrees. half moon bay 67. a couple degrees cooler there. and mostly sunny skies. and napa 78. brentwood 84 degrees while it's 7 in oakland and san ram, n a high of 79 degrees. so, we've mentioned, it's fleet week and i just tweeted this picture out of the forecast. the upper 60s to lower 70s. each day a lot of activities going on. we have the full lineup at nbcbayarea.com and the weather is going to be great. at times low clouds mixing in. as we go into the rest of the week, mostly sunny skies this area of low pressure moves away

and we will have some morning clouds and patchy coastal clouds each morning. and then temperatures starting to heat up as high pressure builds by the end of the week, we will be feeling some much warmer air, especially inland. but the futurecast shows a few changes. this shows what the clouds and radar could look like as we go through the week. you're not seeing much activity until friday. i'm noticing some things here. clouds and a few showers and possible heading into saturday as that moves closer. it's not showing a lot of rain, but i'm hoping as we get closer to the weekend, it will be able to introduce the chance of showers in the forecast between saturday night and sunday. in the meantime, we're in for a gradual warming trend and the heat peaks on friday. and then temperatures coming down as we head into columbus day. let's check in now with mike who has been tracking a lot of problems out there this morning for the commute. >> yeah, kari, a tough morning for folks on the nimitz. this is a better show of traffic flowing southbound with these tail lights from the caoliseum

down towards 98. some slowing but this portion back to your normal commute and its headlights northbound towards the bay bridge that shows the slowing here. we'll show you the map up further south where we have a crash at tennyson just past 92 that has cleared to the shoulder. the slowing starts actually in hayward out of san leandro and this burst of traffic across 92 over to the peninsula. that's the big build right now. again, that crash at tennyson has cleared to the shoulder, but it will be a distraction. behind me south 680. a typical pattern and this tuesday traffic really kicking in there, as well as for the south bay, the northbound routes really showing that slow down. volume increased for 101 and 85 and 87 and a crash north 280 at 17. that's a typical trouble spot now. a little worse because of that distraction over on the shoulder. we're talking about a typical tuesday commute for your drive and earlier crashes mostly on the shoulder. one stretch of bay point slow for highway 4 and the bay bridge toll plaza the live look, yes, indeed, all your lanes filled.

back to you. >> plenty of friends. >> looking for the positive. coming up next, a popular trail turned crime scene. we just learned investigators are now calling a hiker's death a homicide. plus, new trouble for a bay area jail. scathing accusations of prolonged abuse puts more correctional deputies in the hot seat.

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inside a sonoma county jail. ==sam/2shot== a new

ws shocking allegations against correctional deputies inside a sonoma county jail. two dozen inmates were beaten and tortured for hours by guards. kris sanchez joining us and the suit claims the guards were wearing masks while walking cell by cell beating the men inside. >> some of them have a copy of that federal complaint filed and today the attorney who filed it on behalf of two of those inmates and their families will detail brutality that say suffered, which he says rise to the level of torture. the attorney will file the suit, rather, file the suit that claims 20 plus inmates were systematically beaten on the same day, may 28th. that one inmate, in particular, was thrown to the ground, cuffed and beaten. and that some of the guards were dressed all in black. they used a taser on one of the inmates and then allegedly locked him in isolation naked for two whole days. on the sonoma county sheriff facebook page a spokesman these claims are baseless and the

correctional deputies were responding to the actions of a seemingly coordinated mass disturbance by inmates housed in administrative segregation. again, we expect to learn more at a press conference at 11:00 this morning. some of that coming from the inmate's family themselves which will read letters written by those inmates. 6:57. stephanie chuang live in fairfax where there is a homicide investigation along a popular trail. >> yeah, lorau in the last half hour the marin county office calling this a homicide investigation. at first a suspicious death here at the popular trail is where you see both park rangers, as well as deputies here. they have been taking pictures and they have gloves on and this trail known as old railroad grade fire road, it appears maybe there was a mountain bike on the ground where investigators were searching last night and nearby the bodies the deputy found a dog unharmed. it is unclear if the dog belonged to the victim but this is an area they have been searching and getting lighter

now and they'll be doing more and we're supposed to hear more information from the amarin county sheriff. live here in fairfax, stephanie chuang. >> thank you very much, steph. let's turn things over to bob redell who is live in livermore where crews will resume their search for a bay area man last seen four days ago. >> on friday about 20 co-workers from the salesforce software company was out here on lake del valle in livermore. as the group was headed back to shore, the boat they were all on started to take on water. everyone got off the boat and swam to shore except for indugula. the parks district has spent the past four days searching the lake for him, who they fear drowned. they might be back out there today. the captain of the privately

owned boat could also face charges. eight people onboard his 14-foot aluminum boat. only three life jackets, which no one was wearing when that boat tastarted taking on water. bob redell, "today in the bay." let's check the forecast now with kari. >> nice and quiet as we go through the day. some morning clouds for some of us, especially near the coast. highs today reaching 82 degrees in san jose. palo alto 79 degrees and san francisco up to 68 degrees. 78 in napa while 74 in oakland and today in livermore look for a high of 83. >> trying to get today to the san mateo bridge. kind of troubling. >> a little bit easier now that the crash has cleared. i want to show folks first out of novato and a crash just cleared and we're showing you the slowest sensors there. no surprises to the bay bridge. as sam was talking about. little slowing into hayward and crash at tennyson over on the shoulder. that's a distraction. the arrow shows you building up

between the two bridges on the south bay side and tough ride for san jose and tuesday's commute is really kicking in northbound. >> hello, tuesday. that's what's happening "today in the bay." >> we'll see you in 25 minutes. we'll leave you with a shot of san francisco. good morning. on the edge. good morning. on the edge. in the carolinas, the death toll rises as the flooding gets worse. nearly 20 dams now breached, more ready to burst. >> it's breaking. >> homes under water, thousands evacuated. hundreds of roads washed out. we're there live. scare in the sky. >> medical emergency. captain is incapacitated. >> a pilot dies in the cockpit right in the middle of the cross country flight. the american airlines jet forced to make an emergency landing.