as the alt-right. >> it should be noted neither candidate is campaigning today. trump is doing some private events in nevada. right now at 6:00, we're following breaking news of the of the south bay. >> where a man has been killed and what san jose police are calling the 34th murder of this year. i'm bob redell. we'll take you live to police headquarters coming up. plus, a baby clinging to life after police saying she was severely beaten by her own father. the disturbing details coming to light as the suspect heads to court today. frk and a new assignment for a judge under intense scrutiny. the reason his critic tis si it still not enough to reassign him. "today in the bay" starts right now. a good friday morning. thank you for joining us. i'm sam brock. >> i'm laura garcia-cannon. let's get to that friday forecast. maybe a little peek at the weekend as well. >> i'll take it. >> going to take it. >> jump right?

>> it's going to be nice. what we're looking at today an saw for yesterday is what we're going to be eing for the weekend. temperatures below average and cooler than where they should be. yes, a nice way to round out august. in fact, the last full week is upcoming week so just get ready. september is right around the corner. that means fall and spice pumpkin lattes. 61? san francisco. 60 in the south bay. 60 in the tri-valley approximately later on this afternoon, you're going to feel the difference. 60s and 70s for most of us. and there will be a few of us that let into the low agencys for today. cooler for the weekend and next week we will have details in ten minutes. let's toss things over to mike. >> easy driving right now. all around the bay. we had earlier crashes. those mostly have cleared except for the activity after the fire off the ashby avenue off-ramp from westbound 80. slowing past the off-ramp which is still reportedly closed. the bay bridge toll plaza has your metering lightses on. the camera show yos thank you fastrak lanes backed up. the cash lanes had a backup for a few minutes even those are

easing up. bring your cash, guys. back to you. >> thank you very much, mike. 6:01. back to our breaking news this morning. a very grim discovery in san jose. marking the city's 34th homicide of the year. "today in the bay's" bob redell is live with the details that came in overnight. bob, this is becoming a disturbing trend for the bay area's biggest city. >> well, this is unfortunately the third homicide this week. yes, last night around 8:30 san jose police found a man stuffing from what they say was visible injuries. this was in the neighborhood of bonita and herald. it goals right up against 101/280 fly yoer. unfortunately this man did die from those injuries on the scene last night. again, at 8:30. the call came in as possible dead body. right now a police tell us they do not have a motive. they don't know what led up to this killing. they haven't made any arrests. the investigators are still trying to identify the suspect. the victim, all they'll tell sus that he was a man. again, who died of his injuries

last night around 8:30. it appears to be in a chain linked area, grassy area underneath the 101/280 flyover. 34th homicide in the city of san jose this year. if you compare it to 2015 this year there are already four ahead of grand total of 30 of last year. reporting live outside san jose police headquarters, bob redell, "today in the bay." >> bob, thank you very much. and this latest homicide comes as san jose's police staffing problem is getting quite severe. so much so that some police officers are now camping outside of headquarters because they're working so much. when our crew was there the parking lot looked a little bit like an rv lot with more than a dozen officers parked there. those who live in far away places like the central valley say they simply don't have enough time between shifts to go help and sleep. police say that there simply is not enough available manpower. >> you don't know when you're a police officer when you're going home. you don't know when you're day stuff going to be because we

have mandatory overtime. >> san jose leaders are still considering declaring a state of emergency to deal with the staffing shortage. that declaration would allow back-filling patrol shifts with officers who work in other areas. right now a heated debate continues after a peninsula judge is reassigned at his own asking. but his critics say that is still not enough. the santa clara county judge who presided over the stanford sexual assault trial of brock turner will no longer hear criminal cases. it's a voluntary move by judge aaron persky following a six-month sentencing of former stanford swimmer brock turner june. six then persky has faced criticism from across the globe by a number of recall groups who are still moving to oust the judge. they want him off government payrolls immediately. >> these crimes against women and sex crimes are not treated by this judge like they're felonies me treats them like they're minor misdemeanors. >> persky will handle civil cases from san jose instead of criminal ones in palo alto.

groups are now working to collect enough signatures the get a recall measure on the next ballot. 6:04. new this morning, two men in custody after police say they were found with exploisives last night in fairfield. it happened when police stopped a suspicious car on central place near the scandia family center along 80. one of the men was a wanted felon. officers say a search of the car uncovered burglary tools and stolen property and what's described as an imp improvised explosive device. a team was called in to dispose of those devices. an infant fighting for her life after suffering 14 different fractures throughout her body. her own father is expected to be charge with that beating. investigators say 32-year-old matthew zabala violently beat the 6-week-old baby. he's expected in court today to face formal charges. in the meantime, his daughter remains in critical condition at valley medical center.

family members brought her there sunday after the baby suffered cardiac arrest. >> it's extremely difficult. it's horrific crime. sheriff's office employees, we want to protect our community and this young 6-week-old infant, she's at a point in her life, the most vulnerable point of her life. she can't even feed herself. it's a horrible crime. >> her father has prior convictions for child abuse. even serving time in prison for the crimes. laura, a rash of burglaries in an upscale east bay neighborhood. livermore residents say the police response there is not enough so they're doing something about it themselves. there have been ten break-ins this month in livermore including four in one day. there have also been four attempted break-ins. locals we talked to say police have been responsive but they're asking for more. close to 200 people attended a community meeting at independence park last night. all of them concerned about home burglaries. they say they want more officers on the streets.

>> there's communities that are a third of our size and they have more officers per capita. we want to make sure that the -- that the police department is staffed according to the city plan. >> livermore police say that they have 91 sworn officers on staff with only two vacancies. police on the peninsula say that a dog owner yesterday felt threatened by a possibly mentally disturbed man who was walking around carrying a knife. now, this happened along a popular auk walking trail right near morrie point in pacifica. the dog owner took photos of the man and gave them to police. we spoke with that dog owner who didn't want to be identified. she told us what the man said as he was walking by with a knife by his side. >> i'm going to stab your dog if he gets anywhere near me. i felt threatened. i felt threatened for my dog and for myself and other folks around. >> pacifica police point out they are not treating this case as crime but they are looking

into whether the man may have made other dog owners fearful as well. a bobcat roaming around saratoga neighborhood have homeowners on alert. they're afraid for the safety of their small pets and children. this is home surveillance camera in the saratoga hills. it's walking around. bobcat just in the driveway and otherwise nice, quiet neighborhood. >> it's nice to live out here in nature with a lot of the animals but at the same time, we worry about our safety. >> officials with the department of fish and wildlife say bobcat sightings in the area are common and it's highly unlikely they will attack humans. they suggest preventive measures such as keeping your garbage covered and food inside and avoid walking pets at dusk or dawn. >> all right. bobcats aside, nothing too wild in store for our forecast. if anything we've been seeing a cooling trend going on. anthony slaughter is in here today for kari. >> looking at the weather. it's going to be nice this afternoon. right now clouds in place.

you can see we're looking at the bay bridge. we don't have the low clouds that we usually see. it's just the upper level cloud cover that is typical of the bay area, not the low clouds, high pressure pushes it way down to the surface. we don't have that this morning. clouds are going to clear out by lunchtime in san francisco. look at our numbers today. 59 degrees to 63 degrees. only moving about four degrees in san francisco today. so that's indicative of that cool ocean air that's going to be in place. getting in the upper 60s. 68 will do it for high temperature. the place you will notice the most warming is temperatures in the 70s. close to 80. we will still in the 70s through the afternoon. nice day all in all coming our way. let's talk to mike. crash in oakland. >> we are watching the slow down there. not for the rest of the bay. that's very light friday commute. we're tracking as it builds later on our friday as well. southbound 880 we do have slowing from 980 we start to tap the brakes as you approach fifth and down towards 16th avenue, 15th of knew. we do have a crash involving a

big rig blocking your fast lane. stay over to your right. traffic should get by just fine. hopefully they can move that rig but they will need a heavier tow truck if that is the case. berkeley, we have the ashby avenue off-ramp. we're told it's still closed. back to you. >> all right. thanks, mike. up next, a crime trend happening at b.a.r.t. stations across the bay area. the warning going out to riders after more than a dozen thefts. the controversy over the price hike of the epipen continues. we'll bring you the latest coming up in business and tech. happening today...

==ixvidbox== the golden gate bridge district is turning to technology-- to help reach young peo happening today, golden gate bridge district is turning to technology to help reach young people considering suicide at the bridge. district officials say in the past 15 years a number of people under 25 coming to the bridge to commit suicide has increased more than five fold. in response the district is partnering with the national non-profit crisis text line. the goal is to better reach young troubled people who frequently use texts to xoun chun kat communicate. a new warning right now for b.a.r.t. riders using cellphone s. east bay times report

13 b.a.r.t. riders have had their devices taken over the past two weeks. most of the victims were iphone users. b.a.r.t. police say the incidents all took place at nine stations between san francisco and oakland. in ten cases suspects grabbed their phones from the victims while they were on the train and just dashed on the platform. two other cases actually happened out on the platform. as you're clutching that ishs phone make sure you upgrade it because we have a warning right now for anyone using an iphone. >> do it this morning. san francisco security company says it's a critical flaw that could allow spy agencies to listen to your conversations, even track your gps. scott mcgrew, apple has a patch. >> they want you to download it right away. you probably now how to do this. go to settings icon. make sure your phone is charged or on the charger. if you need more guidance in this i will walk you through step by step coming up in 30 minutes. in the meantime, do it now. developments this morning in the controversy over the high price of epipens.

this cceo of mylan which makes the epipen and raised the price pawned the price hike off on middle men on an interview on cnbc on thursday morning. those middle men or middle people are having none of that. they compare ceo heather bresch to everyone's least favorite pharmacy ceo martin trkeli. in a statement said mylan was using the same, quote, failed pr policy used by touring pharmaceuticals. shrkeli pled the fifth before congress on accusations he upped the prices by hundreds of a percent. another development, "the new york times" says nancy retzlaff are turning to executive there's to help them is now accuse of touring sexual or hasn't and accusing a different executive of sexual assault as well. >> wow. >> the story just keeps on going. it seems like a company that

could never quite get the leadership that it ever wanted. shkreli no longer the ceo and is facing criminal charges in an entirely different case. >> he the guy that rolled his eyes that you mentioned as congress. mylan, the ceo, bresch, she might not roll her eyes but they're going to expect explanation. >> she will be in front of congress as well. in front of the house, her father is in the senate. >> all right. 6:16. move on this morning fan of prince are getting their purple ready. the singer's family opening the paisley park studio for tours. 65,000 square foot complex will start on october 6th. prince died in april of an accidental overdose of the painkiller fentanol. a lot of people ready to feel the burn in bag way. nothing to do with good old bernie sanders. >> not good ould bernie sanders. good old burning sand, yes.

sand flying in different directions at all times for the burning manifest value in gets under way sunday. some 70,000 people of all kinds are expected to make that pilgrimage to black rock city. the man burns the night of september 3rd. a lot going on right now. big weekend for the lgbtq community in the south bay. festivities will unofficially get under way tonight but officially the main pride event kicks off tomorrow. electronic dance music party is going to be held tomorrow night onnal manned boulevard, silicon valley pride parade is sunday morning at 10:00 in san jose. the entrance gate is park avenue and san fernando streets. >> i don't think there's any chance of raining on that parade. >> no, nice and cool. xwl. >> electronic dance party. >> robot? >> i was not. >> she was cueing the weather.

>> all set. >> associating with this weekend? >> cooler weather. it's been so hot, especially across the tri-valley looking at 90s. even in fairfield and antioch where you're coming out of the 90s and the eight tiz. back into the 70s. believe it or not over the next couple of days. here's the reason why. we've got clouds, the marine layer in san francisco to take you below the clouds. and now i want to take you above the clouds and mt. hamilton. you can see san jose, blanketed this morning in cloud cover. the fog and clouds all of the way inland. antioch, waking up to a beautiful sun rise. and same in walnut creek. clear skies. the fog did not make it all of the way to the 680 corridor. most of us in the inner bay waking up to cloud cover. you get farther i land where we see sunshine. 62 in concord. the sun is coming up there. 60 in livermore. same deal many san jose. 61 in palo alto and san francisco. later on you're going to feel what i'm talking about.

the cooldown headed to the bay area. you know it's going to be a cool day when fairfield is 70 degrees. even for the inland locations, nice and comfortable. 58 for oakland. 62 nor san francisco. up against the coastline will t. clouds will linger. only a pew peeks of sunshine at the coastline. winds directly off the ocean. that's why it's so cool for today. we moderate temperatures for tomorrow. it gets hazy as the winds shift out of the south. that's going to bring many more haze and smoke from the soberanes fire burning directly to our sought. here's a look at the seven-day forecast inland. 80s back in the 70s next week as we start off september next weekend. and staying cool and comfortable. san francisco with 60s through the next seven. let's toss things over to mike tracking the early morning drive. >> it's friday. we're going to have a lighter volume of traffic. i'm still talking about berkeley because everybody else has a smooth drive. also oakland. talking about a couple of issues. oakland 880 we do have that trash and a big rig blocks the fast lane. activity over on the shoulder.

chp arrives distraction. for a short period just south of broadway down to just north of the embarcadero 16th off-ramp. you will have that slower drive. no need for a reroute. plan another five minutes through the area because of the crash activity on either side of the roadway. down through berkeley i don't see any slowing except for right at ashby avenue and the live camera shows you the activity off the ashby avenue off-ramp. slowing on the approach. and bay bridge toll plaza, just these fastrak lanes backed up. metering lights are on. back to you. >> thank you very much. it's 6:20. coming up next, more than a dozen homes under water. the soggy mess in san francisco that took crews hours to clean up. nbc bay area responds to save viewers almost $20,000 this week. i'm consumer investigator chris chmura. we'll run down the numbers next. good morning. coming up on "today" the jabs between donald trump and hillary clinton reaching new heights with some of clinton's sharpest

attacks yet. is this the right approach for the campaigns to take? we'll get into that and then an ebbs cluksive interview with the connecticut man who lost his family in a horrific home invasion. this morning, how dr. william pettitte said he found joy again and why he is now run for office. got those stories and our plaza is filling up fast for a live concert from bnce when we get started on a friday morning on "today."

the family favorite. yoplait. well at least he's wearing shoes. well done champ. get gooey, flaky, happy. toaster strudel. more than a dozen homes -- flooded -- after a construction

right now a soggy mess in san francisco. more than a dozen homes flooded after a construction crew caused a water main break in the city. this happened during work on a water main improvement project that went bad. along the san francisco daly city border. the eight-inch break sent water flowing into 12 homes and several apartments. >> it was so high it was coming over the fence. majority of it went inside our bathroom and our kitchen and in our living room. >> the utility says the contractor is going to be talking with the restoration firm about that damage. money will be available starting today for about 1500 bay area home owns and landlords who want to upgrade their wood burning stove. it's effort to reduce winter air pollution. the money will go towards heating devices. it goes live at 10:00 a.m. residents and landlords are encouraged to apply as soon as possible because the money is on a first come first serve basis. you can sign up by going online

or over the phone. 6:24 right now. nbc bay area responds wrapping up a highly successful week returning monday my to vauers like you. >> this tally just keeps going up and up. chris chmura says our team has helped get refunds of almost $20,000. >> good morning. it's been one of our best weeks yet. mark in san bruno asked us to help him cancel a prepaid service contract with his car. we did, getting him almost 2 grand. state law gives drivers 60 days to change their mind. as long as you cancel in i writing and don't have any claims you get a full refund. big win this week was speaking up for karen in concord. someone cleared out her checking out. her balance sat at zero for 22 days. then we stepped in. within a few days, her balance was back up to 17 grand. money karen needed to get her house painted. this week we also explained the new robo call strike force. the federal government and many

large companies teaming up to create a new free tool to fight unwanted calls. our consumer investigative center receives complaints about robo calls more than any other subject. perhaps we'll have a solution for you sometime soon. if you have a complaint please call us 888-996-tip or go to nbcbayarea.com/responds. once you're there click the yellow submit tips bar for our consumer complaint form. you share information, photos and videos so we can investigate your case. have a great weekend. >> thank you very much. 6:26. coming up next on "today in the bay," breaking news we're following in the south bay. a mysterious death in san jose marking the city's 34th homicide. we're live with developing details. a san jose father is in jail and due to face a judge today on felly child abuse charges. his infant daughter has 14 fact churs including one on her skull.

i'm kris sanchez. we'll show you what we know about that case and his prior convictions. =open omni!!= =cover shot= =laura/4shot= good morning - and thanks for joining us. (scal): good day, m'lady!

i am sir-can-a-lot, here to save you from another breakfast bore. wake up those eggs with glorious spam! see what spam can! do... at spam.com

=sam/4shot= and i'm sam brock good frir morning. thanks so much for joining us.

i laura garcia-cannon. >> i'm sam brock. we're all in a good mood and laughing because we're having a grueling debate about what kind of close you can wear before and after labor day. >> you may have noticed it yesterday, temperatures will cool off a bit and cooling off as we head towards the next several days. could coverage right now and this is the reason why. we're cloudy and the clouds are going to stick around until lunchtime for some of us around the coastline. 61 in the tri-valley. 60 in the south bay. later on this afternoon under full sunshine for most of us, albeit still stay cloudy at the coastline. temperatures in the 60s and 70s with a few of us getting in the low 80s for today. we'll talk more about the weekend forecast and get a look at the next seven. here's mike with the morning commute. we'll show you most of the bay sees almost no slowing, a little dip for speeds 101 through san

jose and 880 south from hayward. down toward tennison. 880 also jammed up from just before you get to 980 down past the scene of a crash around the embarcadero. 16th off-ramp. chp cleared all activity out of the center divide and over to the right eìáhp &hc% it's a distraction. recovery is no lanes are blocked. bay bridge toll plaza. just the fastrak lanes slow. that's friday. back to you. >> that is friday for you. mike, thank you very much. we're following breaking nut out of san jose. a man is found dead near a very busy freeway underpass that continues a disturbing trend through the biggest city in the south bay. "today in the bay's" bob redell is live from san jose police department with the latest. this marks the city's 34th homicide of the year. good morning. >> and a third this week alone. san jose police tell us they have not yet made any arrests in the murder that took place last night. investigators are still trying to identify the suspect in this

homicide that took place around 8:30 last night in a neighborhood near the intersection of herald and bonita avenue. this is a neighborhood that butts up to the 280/101 flyover in san jose. the call came in as a report of possible dead body. officers found a man suffering from visible injuries. he died soon after at the scene. appears he was located behind a chain linked fence in the grassy area underneath the interstate. police are trying to figure out what led up to his killing. 34th hom side for the year for the city of san jose. four more than the total number of murders last year here within the city limits. bob redell, "today in the bay." >> thank you, bob. at 6:32 this morning. really disturbing accusations against the south bay father. police say his 6-week-old daughter is clinging to life this morning after he severely beat her. >> "today in the bay's" kris sanchez is joining us live from the sclars county main jail where the suspect remains behind

bars this morning. kris, today he is expected to face a judge. >> right. when that father faces that judge accused of hurting his own child it will not be the first time that he is accused of felony child abuse. that man is 32-year-old matthew zabala of san jose here at the main jail. his bail set at half a million dollars. arrested at the family home in burbank on tuesday and, again, those charges are felony child abuse and felony domestic vi violence. the baby is in critical condition. she has 14 different fractures including one in her skull that doctors told investigators could not have happened by accident. >> doctors conducted x-rays. they learned that there was over 14 different fractures throughout her body, including her skull. and this young 6-week-old infant, she's at a point in her

life, most vulnerable point of her life. she can't even feed herself. it's a horrible crime. >> reporter: nbc bay area sources say that matthew zabala did spend time in prison after he was convicted of abusing one of his other children. zabala will be in court this afternoon. as soon as the clerk's office opens before to pull the documents on that prior conviction and find out what happened and when. in san jose, kris sanchez, "today in the bay." >> thank yoush kris. 6:34. mountain view man is in jail for allegedly using a hidden camera to record people in a bathroom, including a toddler. jose is facing multiple charges. police say the crimes happened at a home on middle field road where he was renting a room. officers say last week a woman came forward saying she received online photos of of herself in the rest room. mountain view police tracked him down with the help of their cyber crime unit. robbing banks, brazenly with no disguise. that's what police say a thief

has done at least twice recently at south bay banks. take a look at the images. you will see this man with a hat on but his face is clearly exposed. he's robbed multiple banks in the past week. the most recent one yesterday at a wells fargo in san jose. investigators say that the man simply hands a note to the teller saying that he's armed and demands cash. >> just a plain guy walking in and it will be hard for any witnesses to recognize a bank robbery is going on. it helps him in his escape. >> police are asking for you to call if you have any information about this case. also another cab driver is attacked in san francisco. police are hoping that video can help them catch the suspects. we're about to show you dash cam footage taken from inside the san francisco cab. police say four menner inside that vehicle when they suddenly tazed and robbed the driver. this happened earlier this month in the city's neighborhood. so far no arrests. now if this sounds familiar we also reported this week that

another cab driver was attacked by a passenger in san francisco. that passenger was arrested. the attack was also captured on dash cam video. a not guilty plea by a man charge with beating a homeless man to death three months ago in golden gate park. 26-year-old michael grasso was arrested tuesday and charged with murder, torture, and conspiracy. he's one of six people accused of brutally assaulting steven williams for three days and dumping his body in a pond. four other people have already been charged in connection with williams' death. a sixth suspect was caught in arizona earlier this week. she's expected to be extradited to san francisco in the next couple days. a follow-up to a story we first brought you on "today in the bay." police made an arrest in connection to a shooting early yesterday morning in daly city. this morning 20-year-old jordan perez is behind bars accused of shooting a man on vendome avenue near b.a.r.t. station. the victim remains in stable condition. so far no motive has been revealed. coming up on 6:37 on your

friday. donations are being raised for the people who lost their home in a fire in pittsburg. that fire critically injured a blind man and destroyed the home that he lived in with a 19-year-old pregnant woman and that woman's godmother. a gofundme page is set up. the bland man is in critical but stable condition. the officer who pulled him from the burning home is recovering after surgery. he was injured by falling glass during that rescue. no word on what started the fire. international news. we are following developments from central italy where hopes are beginning to fade to find more survivors from wednesday's deadly 6.2 earthquake. that 100 hour window to help and save people is beginning to close. dramatic new drone footage shows the devastation in villages near the town of amatrice. the number of people killed at this point stands at 267 and there are concerns that number could rise as there are many more people

listed as missing. authorities say 215 people have been rescued since this quake but crews have not rescued anyone from the rubble for more than a full day now. back closer to home this morning, the as might have found a home on the water front. a tour of howard terminal well well yesterday paints cargo loading area that city leaders have had their eye on for quite some time as possible ballpark site for the as. yesterday the as co-owner toured the terminal with engineers. a sign of the relocation might be getting a little bit of a new breath of life. as the as have an eye on howard terminal the raiders have an eye on las vegas. these renderings were released yesterday by the group hoping to lure the raiders to sin city. casino mogul sheldon adelson is spearhead that project. he wants to build a dome stadium near the las vegas strip. they say it will cost $2 billion so they're hoping for a $750

million in public funding to be raised. meantime, the raiders have applied for the trademark las vegas raiders. could be a sign that it could be happening. >> flirting with leaving. 6:39. we've been watching the models anthony has. pretty consistent weather all week. it's been cooler, anthony. >> in fact, temperatures going below average over the next couple days. yesterday was a beginning of a cool trend. you probably felt that going outside. today will feel much more of the same. 61 in the outer sunset. cameras taking you to berkeley. 63 there. clouds in place. we are getting sunshine across the east bay in places like lafayette. 62. and lake berryessa looking glorious. 59 degrees right now. later on highs today will be comfortable. 60s and 70s for most of us. even as far inland as fairfield. take advantage of that as we get into the next couple of days. temperatures stay put. we'll talk about air quality concerns though.

you are tracking slowing from san jose. >> just a little bit. look around the bay. oakland also still recovering from the earlier issue. that crash has cleared from lanes southbound side right around the embarcadero or 16th off rarch. moving in towards the south bay. northbound 101 a little slowing from 680 to oakland road. 87 from curtner up into downtown. that's much farther north than typically starts on a monday through thursday. we'll look over towards berkeley where we have that recovery all lanes cleared and the off-ramp is clear. westbound 80 and ashby. earlier brush fire over here. tracking it all morning. back to you. 6:40. coming up, outrage growing over the soaring costs of the life-saving epipen. we hear from a woman behind the controversial company next. the judge at the center of the brock turner case will step down from handling criminal cases. we'll tell you what it all means, coming up. apple has a very important update for your phone. grab your phone. we'll meet back here.

before we go, a hive lakt the big board. dow industrials gaining 75 points ahead of janet yellen's speech. the judge riddled with

controversy after the stfo stepping aside. the judge in the middle of controversy after if stanford sexual assault trial of brork turner is voluntarily moving

himself off of all criminal cases. >> "today in the bay's" pete suratos is live in palo alto with reaction for us this morning. pete, critics think this doesn't go far enough. >> good morning, laura and sam. judge aaron persky decided to do this on his own. he will handle several cases for the time being. of course, this comes amiss all the pressure from plenty of groups for him to step down after what some critics call a lenient sentence for former stanford swimmer brock turner where in this case judge persky gave turner six months in jail after he was convicted for sexually assaulting a woman at a stanford frat party last year. ever since we have seen advocs take immediate action and official rerecall effort from a stanford law professor to remove judge persky from the bench. some say it's become clear that it's a distraction from the cruise. >> you don't want public opinion

to dictate what a judge does. you want the judge to focus on what the facts in the evidence show. what has occurred here is that there has been such a national fire storm over this one decision that it's made it almost i'm practical for the judge to continue sitting on criminal cases. >> reporter: now, the official recall effort for judge persky can begin as early as april 2017. but the group will need to get 80,000 signatures from voters in santa clara county to get it in the ballot. >> pete, thank you very much. request denied. long awanted trial of garcia torres is not going to be moved. at least not yet. yesterday superior court judge ruled the man accused of killing morgan hill teenager sierra lamar can get a fair trial in santa clara county. the judge also ruled the attorneys can refile to move the case in the future. sierra lamar was 15 when she vanished in 2012 on her way to school in morgan hill.

as to this day her body has not been found. jury selection starts in september. happening today, berkeley city council members try to beat voters to the punch and enact a new minimum wage ordinance. it would raise the minimum wage to $15 an hour by 2018. two competing measures listed on berkeley's november ballot. they fear it may create confuse for voters. they're calling this ordinance a korm pcontrol no mice. it compromise. now to the latest on the growing fire storm over the soaring cost of the life saving epipen. heather bresch is the ceo of mylan pharmaceuticals which has raised the price of the potentially life-saving device from $90 to $600 over ten years. in the meantime, her compensation as the company head has skyrocketed. she recently was put on the hot seat on cnbc. here's what she had to say. >> look, i understand better

than anyone that facts are inconvenient to headlines. i have to play -- the reality is in the brand pharmaceutical market. this isn't an epipen issue. this isn't an mylan issue. this a health care issue. >> the company is offering coupons and financial assistance to help patients with the rising costs of the epipen. however, health experts say it's a pr move spins the company is only shifting the high costs to insurance companies. a lot of folks have ickes phones and an urgent warning to all of them from apple this morning. >> that's right. scott mcgrew, people should grab their iphones and listen to what you have to say. >> grab your iphone. apple is showing a critical patch after a security company here in san francisco discovered a funibility. it's used apparently by governments to spy on dissidents and journalists. now even if you're not a journalist or dissident you will want to fix this problem. you probably now how to do this. if you don't, on your iphones you want to go to the settings icon. and then there will be general

and then you will found the download. you will need to do that, accept and install. earlier this week i told you about court case. vergara versus california. a lawsuit brought by latino teenagers in lawsuit who says teacher tenure in california protects ineffective and even incompetent teachers from being fired. but they're the plaintiffs. they didn't bring the suit alone. the money to support that suit comes from a silicon valley millionaire david welch. he will be my guest this sunday on "press here." teachers very angry at welch and they are saying nasty things. case in point, one asks, why is david well m spending so much money? you wonder why someone like this is involved in issues that affect a community, according to him and others, he has no part in perhaps other than the fact that people that look like us cut his lawn, you know, there's no connection. here's his reaction.

>> i am a citizen of the state and i'm an american citizen. i have as much at stake in the education of our inner city and our low-income children as anybody other than their direct parents. >> we will go over this issue sunday morning at 9:00 a.m. right after "meet the press." it is a fascinating attempt. you see so many silicon valley ceos help education. this is his way. you can disagree with his methods but i think he has every right to say i want to help. >> it will be interesting. we will look forward to "press here," sunday morning 9:00 a.m. on to a little sports talk. shall we? college football lovers who have been wait for 7 1/2 months for the season to start again. your wait is almost over. the cal bears will kick it off the season tonight down under. it will be saturday at noon australia time when the bears take the field against the university of hawaii. cal's football team last saturday took the 15-hour flight to sydney where they've been practicing all week.

sydney has never hosted a college football game. this is the only ncaa game scheduled this week. everyone else gets under way starting next thursday. >> interested to see their training. >> i'm sure they took those techniques to australia as well. there's only bun one no-hitter toss in baseball last year. last night the giants came this close to a second one. >> my goosh, right there. matt moore, the giants just traded last month, had a no-hitter into the ninth inning. yesterday he needed one more out for baseball history. doesn't. it breaks up this no-hitter. none the less, really amazing performance. >> that's a pretty good rush right there. you know, just to be on the mound in the ninth inning, that's a lot of my defense right there taking care of me. making a play right at him and, you know, maybe something shouldn't but it was a solid effort all around. you know, we're happy to head

home with a win. >> the organ adding to thee att theatrics. of course, l.a. is a thorn in our side yet again. but let's remind you guys, it's an even year. have fun with the dodd verse in just saying. >> it's also friday. looking forward to the forecast. >> it's going to be cooler as we go through the day. clouds this morning. that's how you know a cooldown is on your way. you're going to notice it and may need a light jacket along the coastline. cloudy skies there. a break in the clouds across parts of the north bay and parts of the tri-valley as well. overall most of us cloudy right now. later on this afternoon, san francisco, you move a couple of degrees. 62 degrees. again, mostly cloudy through most of the day. everywhere else, plenty of sunshine. 81 for the tri-valley. the south bay today will be comfortable. 81 degrees. we have winds today directly off

of the ocean. that's why we have that cool air in place. later on this afternoon, you're going to notice it under full sunshine. that breeze will pick up and it's going to be a chilly wind. tomorrow though, winds shift out of the south and they're going blow directly into the south bay. and over towards the peninsula. keep in mind the soberanes fire still burning to the south in monterrey. that's going to pull smoke and haze into the south bay and peninsula, especially and even parts of the south bee. as we get into saturday night, winds shift back towards the ocean, from the ocean i should say. that will bring in more cooler weather as we head towards next week. in fact, we're looking at the moderate air quality returning to the bay area over the next 24 hours. here's why. we've got high pressure that's going to continue to hug up against the coastline and then as we shift gears to next week, look what's happening. we've got an area of low pressure we'll be tracking to the north. that's going to kick in that cool ocean air and keep our temperatures below average over the next seven days. here's a look at that inland forecast. temperatures go back in the 70s. cool and comfortable in san

francisco with mostly cloudy skies through the weekend. let's talk and see how that morning compute is going. going well. it's a friday but we do have a new crash in oakland. let me pull out a couple spots. don't have a lot of problem. south bay is starting to build. slows around industrial and might have tire tread in the roadway. the tri-valley no slowing. east bay looking light. just starting to kick in now. oakland has problem, knob 880 at 29th. southbound side cleared of the earlier incident. northbound slows around the coliseum. show you the live camera. 66, yeah, there we go. jamming up past hide street. they may have to have a traffic break to clear that from the shoulder. comparison, it's been like this all morning. only the fastrak lanes have a backup. back to you. we have breaking news coming into our newsroom right now. up next, police swarm a south bay neighborhood. bob redell just got to the scene. a live report. and a gruesome find the near a busy freeway underpass.

the details we're learning about the 34th homicide, next. but first, happening now. she brought home a lot of gold from rio but olympic swimmer katie ledecky passing up millions of dollars worth of endorgsment to focus on student life at stanford. read it now on nbcbayarea.com. plus, a retired bus driver wins a $2 million lotto prize while riding the bus. read the story on our facebook page. we'll see you on the other side of the break. newsroom.

police activity has several streets shut at 6:57. following breaking news just in to our newsroom where police activity has several streets shut down in san jose. >> "today in the bay's" bob redell just arrived at the scene. bon, where are you right now and we know what this is all about. >> reporter: good morning. a mile away from san jose police headquarters here in san jose at the intersection of second and empire. you can see that east palo alto police has taken into custody. it's one woman in the back of the squad car. neighbors who live around here told us at least one other person possibly a total of as many as four were taken into custody. this is a joint operation between epa, east palo alto and san jose police. an hour ago they raided this apartment here. this apartment complex here on second and empire. it's not clear what they are taking down, if it's a ring or something. we're still trying to get confirmation. we can tell you we happen to be

coincidentally at san jose police headquarters at 4:00 when six members of the east palo alto police department showed up, met with san jose police, and then obviously they went out along with san jose s.w.a.t. to come here to conduct this raid. again, this is a joint operation between east palo alto police and san jose police. we are in touch with san jose police trying to get confirmation on what this might be. we're also told that east palo alto police will be sending out a new release in the next couple hours. we know at least one person in can custody. neighbors told us they saw a couple other people in custody. 2nd and empire here in san jose. bob redell, "today in the bay." in the meantime, more breaking news in the south bay, very grim discovery on the streets of san jose. a dead body found at the intersection of herald avenue and bonita avenue in east san jose. police arrived on scene about 8:30 last night and found a body on the street with visible

injuries. motive and circumstances surrounding the death are under investigation. the man's identity in fact has not been released. this is a city's 34th homicide of the year. laura, on this note, that latest homicide comes as san jose's police staffing problem is getting so severe some officers are camping outsided of police headquarters because they're working so much. when our crew was there the parking lot looked like an rv park with more than a dozen mobile homes. the officers say they're coming in from far away places and they need that time to park it out. 6:59. we are heading ever so close into your weekend. let's get a final check of weather with anthony. >> looking good. cool temperatures for today. 70s for most of us. a few places like concord and morgan hill, low 80s. everyone else will be nice and comfortable. clouds at the coastline. mostly cloudy skies. 62 in san francisco. >> mike still checking a crash. >> i think we can hang out and tell you we have that one area of slowing from the coliseum up to 29th.

crash still blocks the fast lane. everything is clear. >> thanks for joining us. have a fantastic weekend. >> see you again in half an hour. going to extremes, both donald trump and hillary clinton now accusing each other of racism. trump doubling down. clinton launching a new ad tying trump to the kkk. >> running against donald trump at this point is really treason to your heritage. >> just how low can they go? ominous threat that powerful storm system looms in the atlantic. will it gain strength or weaken as it heads toward florida? tens of millions in its path, keeping a close eye on what it will do next. murder mystery, two nuns who dedicated their lives to helping others killed in their own home. no known suspects, no known motive.