about the moments before someone opened fire. and he didn't sit but he didn't stand either. this time colin kaepernick was not the only nfl player to protest during the national anthem. "today in the bay" continues right now. >> good morning the thanks for join us on this friday. i'm kris sanchez in for laura garcia-cannon. >> i'm sam brock. we will get to the stories in a moment, but first, your story for planning your labor day holiday and you think of the end of the summer it's starting to feel like the end of summer. >> it's fall really if you look at the forecast in the weekend. 50s outside. low 50s in the north bay. numbers in the 80s inland. 60s in san francisco. and a little bit later on this evening, college football under way. stanford stadium around 6:00, may see extra traffic there for your evening commute. to see what's happening right now for your morning commute, here's anthony in for mike. >> it's a friday and the holiday weekend, so we don't have much

happening. the metering lights still haven't been turned on at the bay bridge. you can see on the maps lots of green from the south bay over towards the east bay as well. zooming enland, san jose, every single highway looking good. wide open lanes. no accidents. good news there. even across the east baying looking good. we do have a stall coming in from highway 4 near concord. 680 connector and hercules as you get around the bend near berkeley. looks like in emeryville. still dark but look how wide open the lanes are this morning. so, yes, maybe not as much traffic this morning. wide open lanes even still now at the bay bridge approach. back to you. breaking news now. we do back to the santa clara county main jail. we are waiting for brock turner's release this morning. you see all of the crews and people stand outside. this of course is a look from our live chopper. any minute now former stanford swimmer convicted of three counts of sexual assault is going to walk out of those doors a free man. >> because of the broad interest in the sentencing and all of the fallout for the judge who sentenced brock turner and because of his connection to

stanford university there's been a lot of media interest but there's also a lot of folks out there who are there to protest. one woman says to look him in the eye and try to end rape culture. now, "today in the bay's" bob redell hash at the jail automatic morniall morning long. bob, what's the crowd say right now? >> good morning to you, kris and sam. the sheriff's office said it, the window that brock turner could be released between 5:00 and 9:00 this morning. within the past few moments, if you look to your left, you you will see deputies have, several of them have positioned themselves in the walkway where they set up for brock turn cher makes us think that his release is imminent, which could be happening at any moment now. this after serving three months of a six-month sentence for sexual assault of an unconscious woman which was one reason why there has been so much outrage over the fact that he had such received a light sentence. live look from above where you

can see the crowd out here is mainly members of the media. there's probably about 50 people out here. and there's a handful of civilians. as you mentioned, there's one woman who is a survivor of rape herself who told us that she wanted to come out here to be able to look him in the eye and maybe not be able to say anything but at least to give him a look and make it clear to other people that rape is not right or sexual assault is not right. the rape culture in this country has to end. we just been given the five-minute heads up from one of the santa clara county sheriff's sergeants. that means that brock turner will be walking out of these doors in exactly about five minutes here after serving his three-month sentence. after he exits, it is our understanding he is expected to travel back to his home state of ojhio where he will be on probation for three years. register as a sex offender and attend drug and alcohol sessions. again, we were given the five-minute warning that brock turner will be stepping out of these doors here just like any

other inmate would if they were here in the santa clara main jail. that was something that sheriff laurie smith pointed out to us within the past hour that brock turner is not receiving any preferential treatment. yes, they do have the barricades set up because they wanted there to be a clear pathway and they didn't know if there was going to be a protest which right now it doesn't appear there are many protesters. at least there's not be a. bid crowd. they did prepare for this type of security. reporting live here outside the main jail in san jose, bob redell, "today in the bay." >> we were talking about the political implications that this is what we saw, that sheriff laurie smith this morning actually reactual released the letter she wrote to governor brown regarding the law just passed by the assembly and the state that would change mandatory prison sentencing putting it in place for anyone committed sexual assault or rape against an unconscious woman. she rest lood that thleased tha >> we know that something is

going to happen. but brock turner is not going to be the only inmate released this morning. so any action in there, any movement behind those glass doors could be the release of somebody else. we'll stay out there. some folks telling us they're tired of this coverage. this is really the culmination of this whole thing at least in terms of him serving his sentence here in santa clara county. he will then head to ohio which is home for him. new this morning, an argument ends in gunfire on the streets of hayward. it happened in the area of south garden avenue and a street near interstate 880. a police say the victim was walking down the street when it appears he was involved in an argument with anotherern p. perhaps several other people. he was shot in the torso and then left in the street. victim did make it to the hospital and will survive his injuries. so far, police have not named a suspect. the los gatos city kouns cry voted to reject the controversial north 40 project. developers did want to build on

44 acres between highway 17 and los gatos boulevard south of highway 85. the plan called for tearing out an orchard and building 320 homes and 66,000 square feet of retail stores. now, local residents were very concerned about what that would mean for traffic and the big box stores would hurt small business owners. but business owners near the north 40 area actually supported the development because of increased foot traffic. a 49ers colin kaepernick did it again. he did not stand during the national anthem but instead took a knee. ♪ kaepernick's continued sideline protest drew loud boos last night in san diego. kaepernick did stand while military personnel unfurled a u.s. super flag, one of those very large flags. but he did kneel during the anthem. he's been doing that, the protests the oppression of

african-americans, he says. kaepernick spoke after the game. >> i'm not anti-american. i love america. i love people. that's why i'm doing this. i want to help make america better. and i think having these corporations helps everybody have a better understanding of where everybody is coming from. >> safety eric reid joined the protest last night. kaepernick is now promising to donate the first $1 million of his 2016 salary to various community organizations, putting his money where his mouth is. and in oakland last night another player took seat during the national anthem. not a member of the silver and black. it was a seahawks player. starting cornerback jeremy lane. we go back out now to bob redell in santa clara county jail as we await the release of brock turner. and there it is. walking out of the main doors of the santa clara county jail as

he of course was convicted of three counts of sexual assault against an unconscious woman at stanford. walking out in casual attire. >> you see him walking out exactly in the outfit that he wore when he checked in to jail. a bag, grocery bag full of his personal belongings. and the sheriff says that is how everybody else is released. now, once the paperwork is processed, he then is fingerprinted and then given his personal belongings back. and that is likely the same pant and shirt that he was wearing when he checked in to jail on the day of his conviction. bob redell is live this morning. bob, what's the scene like this morning? did he say anything? >> reporter: he didn't say a word so i don't know if you saw him when he came out he tried to go out one door, the deputy guided him to the door that would take him down this barricaded pathway. he walked down the pathway. head down a little bit. and was skirted off into a car that was waiting for him. he got in the car. the door closed and he sped off

without saying a word even though there were several questions thrown at him. his appearance out here was less than i would say 15 seconds on, again, brock turner, suspected to be traveling back right now to his home state of ohio where he must register as a sex offender. he will be on probation for three years and attend drug and alcohol counseling sessions. again, for him being convicted of sexually assaulting an unconscious woman on the stanford campus where he was once a student and star swimmer. the reason why this case got attention because judge aaron persky sentenced brock turner to just six months for this crime which created a lot of outrage and to add to that he only had to serve three months of that six-month sentence. again, that three-month sentence was just ending within the past few moments on the steps of the santa clara main jail in san jose where brock turner walked out without saying a word. had his head slightly hunched, whisked away in a car and sped off to we assume an airport or

someplace to get him back to ohio. >> bob, you mentioned that he did not say a word but we know that there were some folks out there hoping to have some words with him. primarily you talked with a rape survivor who was out there hoping to make eye contact with him. do you know if that happened? >> reporter: it was hard to tell from my vantage point. imagine if you take a look around there's a good 50 members of the media out here. right now sheriff laurie smith is speaking. let me walk us over and see what she has to say. >> thanks, bob. >> i just saw him from this angle but i'm sure everything went. we do this for a living. we have great staff. they do a good job. i think everything went as planned. >> are you in contact with the sheriff in ohio where he's headed? >> i don't know if that's where he's headed, and, no, we're not. i have not. i appreciate you covering it. i think it really brings to the attention of everybody we need to change the law. the law has to be that if you rape someone who is unconscious and intoxicated, you go to state

prison. and that bill is on the xwover in's desk right now. i think it's a great law. >> you heard six months, what was your first reaction? what was going through your head? >> outrage. outrage. it's a rape conviction. it's a rape conviction of a woman who was unconscious and drunk and should not have done time in our jail. >> -- to include -- >> it already is. but the bill is on the governor's desk is just to make it mandatory state prison. so that no county will have to be face with this in the future. we're done with him. he's gone. he should be in prison right now. >> brief any of your deputies that had to work with all of this? >> they work with tough people all day long. they go do a great job. we work in a custody environment. we have 200 people in custody right now for murder. so they do it. and they do a great job. if they ever need assistance we certainly are available to them. >> i know you don't agree with the three months that he

actually served. >> correct, i do not agree. he should have been in state prison. it should have been a state prison sentence. felony, rape, six months where you only do three the not correct. it's not right. that's why i'm hoping the bill will change that. >> sheriff laurie smith of santa clara county, if you're not familiar with that bill, it's ab-2888. that's a bill that is right now on the desk of governor jerry brown and the sheriff is trying to -- sent out a letter to the governor urging him to sign this bill. now, this is a bill that came as a result of the brock turner case. and the governor does sign this bill it would become law, minimum prison sentences for people like brock turn whole are convict oefd sexual assault of an unconscience person. as you're aware in this case judge aaron persky sentenced to six months in jail. outrage and there's been this protest. and a petition drive to have him removed from the bench. >> the bill you're talking about, bob, was passed by the senate and then the state

assembly on august 29th. and has not been signed yet by governor brown. but it would change systematically the sentencing of people who have committed sexual assault. >> right. let's take a look at that white suv which took brock turner away from the main santa clara jail. it appears that it is on interstate 87, perhaps? it's on highway 87. it would make sense if he would be heading to the airport at this point. we do know he has a parole officer waiting for him in ohio and his transfer was approved and he will be able to serve out his probation in ohio close to his home. in fact, this is not 87. i'll correct myself. this is highway 101, so he's headed to san francisco international airport. there aren't any direct flights in town where he lives. he lives a couple hours outside of cincinnati and outside of cleveland, not too far from dayton, ohohio. again, we know that he's going

to be able to go there and do his time there as he lives with his parents. the neighbors are expected to protest perhaps. there are some folks who say they're going to show up outside his parents' home because they don't want a convicted sexual offender in their neighborhood. >> in fact, he's going to oakwood ohio. that white car heading to sfo as chris just mentioned. the attorney general of ohio even weighing in on this talking about how there needed to be a more severe sentence for brock turner. we are going to continue following of course his path and all of the fallout from the sentencing. we'll have more after the break.

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find one of our 5,000 authorized retailers near you. breaking news this morning. within the last ten minutes or so, this just happened. that is brock turner walking out of the santa clara county main jail after serving three months of a six-month long jail sentence. this is changed potentially state law. the case in which he was convicted of three counts of sexual assault. you see him walking out in a buttoned down shirt and slacks getting into a car headed now to 101. we will continue to follow this story throughout the course of the morning. the american economy at 151,000 jobs in the month of august. that data just in to our newsroom. >> scott mcgrew, you called this a medium good number, luke warm number. >> medium good. certainly not the numbers we've seen in the last couple of months which have been well

above a quarter million. then again, always a bit lower. no matter what the economy. unemployment rates stick. 4.9%. really cannot overstate what a lousy week it has been for elon musk. his rocket blows up on thursday. we brought that to you live. and then he got the sinking price stock of tesla. and guarantees that he's had no make against his own for chur to lend to solar city. bloomberg calculates, are you ready or this, he's worth $779 million less today than he was on monday. now assuming you didn't manage to lose nearly a billion dollars on paper in a week you really shouldn't look at the stock market moment to moment. i was reminded of that by the ceo of one of the hottest tech ipos this year. out of redwood city. ceo says you can think of the markets like you're driving down the road and it's raining. >> the windshield wipers are going. are you going to watch the road or are you going to whoosh the

wipers? what's going to get you where you're going? watch the road. that's the goal. >> i think that's a great analogy. "press here qu" will be on righ after "meet the press." >> you got those guys. >> right. >> patched. >> which maif patched. >> thank you very much, scott. let's head outside on this friday morning. look live at the golden gate bridge. so many people like to spend their holidays. well, it is labor day weekend. but things are going to be a little different at this iconic landmark. in order to cut down, closing down the parking lot at the north end of the bridge. both will close this morning at 11:00. reopening at 5:00 in the evening. that will happen again on saturday, on sunday, and on monday. you can't but notice in all that video the fog is everywhere. but the live shot that we just took this morning, you can see the golden gate bridge. >> behind us. >> that's nice, too. >> look good right now if you want an early start to labor day

weekend. temperatures tend to drop off into the clear skies. case in point, north bay, 50 degrees. santa rosa, napa, chilly. 50s across the board. from san francisco, fog free commute. patchy coastal low clouds and around san jose we're also seeing clear skies to start. 57 degrees right now. downtown high temperature close to 82 degrees. and our school cast at evergreen today looking at the numbers by 2:00. approaching the low 80s. 82 today for downtown san jose. upper 60s with some sunshine in san francisco. 78 degrees in palo alto. north bay, and tri-valley. seeing highs in the mid 80s but will likely see temperatures coming down saturday to sunday as a deep trough of low pressure covers itself out across the west coast for most of labor day weekend. this means the temperatures will stay cool. even if you're heading off to the east, lake tahoe, 78 degrees. areas of drizzle and mist around monterrey bay if you're headed to the south. a sneak preview. the seven-day forecast for san francisco with some drizzle at

times. low clouds will make a comeback as we head towards tomorrow and aun and across the value ilys. temperatures starting to cool on down. inland spots running below average for the holiday weekend. now, to see if it's an average commute for your friday, here's anthony in nor mike. >> it's a better than average commute this friday. looking at light traffic, light volume. lots of green on the map. that shows we're not seeing any slowing at least not a whole lot. we're seeing a little bit of slowing through 4:00 coming from antioch and concord. no issues here across the south bay looking good but where 87 and 101 meet you know how it goes around this time. start to see congestion. three cars involved in an accident there. right on 101. so keep in mind 101 northbound is going to be slow but you will get outside and see looking good all of the way over toward our camera is 101 northbound looking good. coors out there all still moving without a problem. coming up next, reaction, then the fallout to key figures backing out of donald trump's

campaign. plus -- >> wild range of cases opened a closed this week, including one that might involve your checking account. i'm consumer investigatorer chris chmura, nbc bay area responds next.

decision 2016. the spoeeech and lack bash. donald trump appears to be backing off a key part of his immigration speech. >> killers and drug dealer, all

of them, they're gone. then we're going to make a determination as to what we're going to do. >> some are saying that trump is flip-flopping again, leaving the option for what happened to 11 of 12 million undocumented immigrants. joe biden is addressing hillary clinton's ties to her family's foundation. >> i think that clinton foundation like all foundation have found themselves in a position where things are changing and i think she's going to change. >> a review of clinton's schedule as secretary of state found dozens of meetings with foundation donors and requests for some donors for access. the state department says it will release all of clinton's public schedule by october 17th. nbc bay area responds was all over the map this week in a good way. >> chris chmura travels for you. consumer investigator chris chmura giving us a sample of top pibs our team is tackling. >> complaints are pouring into our consumer investigative

center. we've logged more than 1100 cases. this week archie toledo asked us to end his four-month wait to fix his complex's broken mailboxes. we did. doug campbell in san jose made the case for a $105 refund after condition selling hotel reservati reservation. we got his money back after we made a call. we opened a new case more herman in oakland. he didn't get airline miles his bank offered for opening a new account. coincidentally this week the consumer financial protection bureau has seen an uptick in people complaining they didn't get the bank pro motions they were pro missed. we're on it. finally, a quick check of the total amount we saved viewers. now up to $148,930.48. return to people like you, since we started in late may. if you have a complaint let us know. call 888-996-tip or visit nbcbayarea.com/responds.

once you're there click the yellow submit tips bar. you can share your story, documents, photos, and videos, whatever you need to help us investigate your case. have a great holiday weekend. >> you, too. thank you very much. coming up next on "today in the bay." >> pete suratos at levi stadium in santa clara. 49ers quarterback colin kaepernick refused once again to stand up during the national anthem. this time last night in san diego, but he wasn't alone. we'll have those details coming up in a live report. and hermine hits florida bringing hurricane force winds, heavy rain, a huge surf to a state that hasn't seen a hurricane in more than a decade. we're tracking its path in a live report coming up. and good morning. i'm bob redell. take you live here in san jose where brock turner has just walked out of the main jail here after serving three months of a six-month sentence for sexual

assault. that story coming up.

welcome back. breaking news right now at 6:30. brock turner just released within the last 20 minutes or so as we were promised from sheriff laurie smith he would walk right out the front door of the scare main jail and he did. button down shirt and slacks heading off in that court off

reportedly to sfo. right outside the santa clara main jail about 6:00 this morning. we're going the check in with bob redell who has been covering this story from the beginning of 4:30 this morning. good morning. thank you for joining us on this friday. i'm sam brock. >> i'm kris sanchez in for laura garcia-cannon. it is also a busy weekend for you because you have a holiday likely. so, rob, barbecue weather? >> i think so. at least you don't have to worry about heat. maybe some folks we've been talking about huddling by the barbecues on the coast as the cool temperatures will be a big part of the labor day weekend story. 50s for the skies. no fog. mid 80s around the tri-valley. mid 80 in downtown san jose. 60s cleeoser to san francisco. let's see how your friday is shaping up with anthony. >> things are looking good here as well. not much to talk about p no concerns. no huge or small accidents. earlier we did have an accident but it's in the clear. we're seeing the affectings from it. you can see the accident here 87

and 101. this was earlier pendant again all the green on the map shows things are moving without a problem. getting through that area. across the rest of the east bay and san francisco, again, a few stalls off to the shoulder on 80 around the berkeley curve. take you outside the bay bridge approach, wide open lanes. it is a holiday weekend. back over to you. >> thank you. breaking news now. again, brock turner just released from the santa clara county jail walking out with his personal items and a plain brown paper bag. video just in to our newsroom within the last 20 minutes or so. the former stanford swimmer convicted of sexual assault is now a free man though will serve probation. his early release for good behavior also igniting a fire storm across the country. "today in the bay's" bob redell has been at the jail all morning long. they said this would be business as usual. no preferential treatment for brock turner. he did walk out normally through the front doors. but the scene there anything but normal. >> reporter: good morning to you, sam and kris. yes, brock turner walking out

the front doors of the main jail in san jose just like any other inmate would. sheriff laurie smith telling us this morning they wanted to make sure he did not receive any preferential treatment. they did set up the bir kads because they were anticipated the possibility of there being protesters. what was remashable is that there was not a large crowd of protesters. civilians, rape survivor. whether they said anything to him when he walked out it's hard for me to tell. this is a little bit after 6:00 this morning. they said the window of release would be between 5:00 and 9:00 and it was around 6:07 that brock turner did walk out of those front doors. you might have noticed he tried to exit out a door on the right but the deputy forced him to come out the door on the left which would put him down this main walkway where the media was standing. we yelled questions at him, if he banted to make comment. other people yessing at him. i presume they were mostly members of the media. about 50 of us out here. he did not answer. he had his head down and in one arm he was carrying a brown

paper bag which had his personal belongings. then he was whisked away in a white suv. when he got in the backseat of the suv someone put their arm around him and pulled him in. don't know if that was his lawyer, family member, or someone else. but that car did take off. it is our understanding that he is headed back to his home state of ohio where he will have to register as a sex offender. he will be three years on probation. will also have to attend drug and alcohol counseling sessions. now, the reason why this case has gotten so much attention is because, remember, he was convict evidence of a sexual assault of an unconscious woman. this taking place on the stanford campus where turner was once a student and star swimmer. judge aaron persky, santa clara county superior court judge, sentenced turner to six months in jail which caused a lot of outrage. and to add to that outrage is the fact that he only served three months, half of that sentence. including one person who was outraged, sheriff laurie smith herself. >> outrage, outrage. it was a rape conviction. it was a rape conviction of a

woman who was unconscious and drunk and should not have done time in our jail. >> reporter: now, the sheriff this morning released this letter urging governor jerry brown to sign ab-2888, a bill that's on his desk that became as a result of the brock turner case. it would puts minimum prison sentences in effects, for anyone convict oefded of a sexual assaf someone who is unconscious. downtown san jose, bay bridge, "today in the bay." >> this is the story we've been follow for months now. and which we will continue to watch. bob redell will have another update on this release of brock turner coming up in about 20 minutes. other news now. capturing national attention. colin kaepernick did not sit, he also didn't stand. instead with a lot of people watching, kaepernick as you see there took a knee during the national anthem at last night's game in san diego.

>> "today in the bay's" pete suratos is live in santa clara this morning. pete, kaepernick was not the only player to protest yesterday. and i have to say it's an interesting protest because i thought if you took a knee you were showing support. >> reporter: good morning, kris and sam. and it was the fourth straight preseason game where colin kaepernick refused to stand during the national anthem and he was joined by a teammate of his. we want to show you that video. you can see colin kaepernick taking that knee and to his side is fellow 49er teammate eric reid who is a pro bowler for the team and a very popular member of the team at that. and then in oakland you also had seattle seahawks cornerback jeremy lin sitting down on the bench as the seahawks took on the raiders. kaepernick's decision to kneel instead of sit on the bench was what he said was meant to be more respectful towards veterans. the point of kap's protest is to bring attention as to what he considers the on going oppression of mine know.

>> terry: is minorities in this country. >> i'm not anti-american. i love america. i love people. that's why i'm doing this. i want to help make america better. and i think having these conversations helps everybody have a better understanding of where everybody is coming from. >> very fortunate comments there from kap. kaepernick plans to donate $1 million to different community organizations. he did not specify from organizations those would be. kaepernick's next opportunity to sit or kneel during the national anthem could take place during the 49ers season open oren monday night on september 12th. that all depends if he makes the final cut. live here in santa clarita, social security for "today in the bay." a developing story now and hermine just hit florida a few hours ago. bringing a serious mix of heavy rain and strong winds and surging waves to the state. the storm was the first hurricane to hit florida in more

than a decade. but since it's been downgraded to a tropical storm as it makes its way into georgia. "today in the bay's" jay gray is live in savannah, georgia, this morning. and earlier you were getting a little rain. looks like the winds have picked up since we talked to you last, jay. >> yeah, kris, sam, good to talk again. we are seeing whipped gusts here. thankfully the rain at this point has eased up a bit. though it's been intense throughout the morning here. in fact, we already have some standing water and low lying areas around savannah. look, what we expect to see is this storm starts to move through are more of these outer bands which is what we're experiencing right now as you get closer to the core of the eye of the storm, more tightly wound so there won't be the breaks or rain or wind we're seeing at times here. big gusts there. we'll see 10 to 12 inches of rain. that's going to cause some flooding issues here. and then the wind, this is a beautiful older city with older trees here. so you can see some of the brachlkes, even some of the

trees toppled. they can pull down power lines. we've got crews that have been taked and ready to move in since yesterday. once this storm passes the area, that's what you will see. trying to get things back and in working order. it's going to move through the carolinas, dumping more rain. there's a chance of tornadoes as well. and then up the east coast throughout the holiday weekend, it's going to be a rough go for millions for the next several days, guys. >> all right. stay safe out there, jay. dangerous when it's not a hurricane. >> clearly. we saw what was happening in florida. obviously that moving up the east coast as jay was just talking about. our weather, much more pleasant. >> let's check in with rob who says you might want to hucnker around your barbecue. >> san francisco, 56 degrees. there's the gorgeous presun rise view again in san jose. 57. mostly clear. 80s later on today. and then we will be dropping into the 70s as we head towards 6:00 at that stanford game

coming up against kansas state this evening. looks nice for some college football. low 80s today around san jose. 60s for san francisco. valley temperatures in the mid 80s. a quick check of the seven-date forecast through the holiday weekend shows cooler temperatures into saturday and sunday. valley highs only near 80 in the warmest spots inland as we move through the holiday weekend. now for another check of your friday commute, here's anthony. >> we did have to scour the map to find one slow spot. we don't have any huge accidents out there earlier in the south bay. we had an accident on 101 at the 87 connector northbound. you see keeping things good. even the green and still showing not much slowing there. as we mentioned the san mateo bridge seeing slowing there. there is a stall across the high rise section. i want to take you outside and show you what to look at in the hayward side. hitting the brakes hard. again, this is the only slow spot across the bay area. good news. back to you guys. >> thank you very much. well, a major reconfiguration of streets in

san francisco is bound to make cyclists happy. here's what crews are up to. creating the very first protected lanes for bikes. the idea is to make island for cyclists separated by cars by cement planters. this is ninth and division streets. city officials say 13 miles of protected bike lanes in all are in the works. coming up next, it was a very dangerous mix-up. really strange one for a major airline. the mistake that jetblue made that sent two children to the wrong families. plus, a major cellphone recall to tell you about. let's take you out to the stock market. markets mildly higher on mildly good jobs news. (scal): good day, m'lady! i am sir-can-a-lot, here to save you from another breakfast bore.

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==kris/cu== a clerical error leads to the accidental release of a listen to this. a clerical error led to the accidental release of a potentially dangerous criminal. the victor rodriguez was released from san francisco jail even though he had several months remaining on his sentence. rodriguez was booked back in november on suspicion of robbery, bat trirks and resisting arrest. in jail he he reportedly threatened to shoot law enforcement if he was ever pulled over. a spokesperson for the sheriff's office said the mistake happened when a court clerk incorrectly broke down the judge's order. >> that was a dangerous mistake. and so was this. jetblue was looking into a

frightening mix-up that put two children five years old on a t. wrong plane. she says she was shocked went jetblue staffers presented her a different little boy at kennedy airport. >> 5 years old. >> 5 years old karksrying her son's passport. the airline said the two uncompany anied children of the same age traveling separately from the dominican republic each boarded the wrong flight. jetblue says once they realize it they got them to the right destination. san francisco superior court judge blocked a city ordinance which protects school employeeing from evictions during the school year. it was approved by the board of supervisors in may. then yesterday a judge ruled it is inconflict with state law and prevented property owners from making major rehabilitations to their properties or moving into their properties between september and june. now, the legislation was introduced in response to the housing crisis which is

contributing to a shortage of teachers in the city who say they have nowhere to live. >> important to the community. 6:45. now it's official. samsung this morning says it's recalling its hot galaxy 7 note for being too hot. >> scott mcgrew, a risk they catch fire. >> catch fire. it's a small risk, kris, but it's enough that samsung says it will replace the phone with a different product. it's absolutely unclear which product. the company says it will be at least two weeks until they can give us some detail of the recall. now, the question is, should you keep using it in the meantime? there are thousands of phones out there. only five catching fire. it's a personal decision but i would say the odds are ever in your favor. looking at wall street this morning. dow is up mildly about 90 points. the nasdaq gaining 19 after we got our jobs numbers. here they are for you. unemployment rate sticks at 4.9%. 151,000 jobs. that's a good medium good number. certainly not as strong as they've been in the past few

months. but historically august is not too been a strong month no matter what the state of the economy. history made on twitter last night kind of a strange game. but there it is. utah state taking on wieber state in football. the whole thing broadcast live on twitter. this is the first college football game ever streamed live on twitter. utah state, the aggies spanking the wide cats, 45-6. as you point out i've got some family in logan, utah, so i'm going to be a utah state aggie if i had to pick sides. >> full disclosure. all we ask for is a little transparency. >> that's right. >> quick question. we always know how many people watch the games when they're on our air when we have nfl on nbc. do we know how much watched it? >> you can't detect it on twitter but i'm sure twitter knows. let them know it was successful. seems like it was. >> may be medium good for that. too, mayors are uniting forces to convince voters to put a tax on sugary drinks in their

cities. mayorsed lee and mayor libby schaaf will launch their campaigns for the tax today on a san francisco city hall. the soda tax proposal is called measure v in san francisco and measure hh in oakland. both will be on the november ballot. the goal is to tax sugary drinks and then use that money to help people learn healthier habits. they might not be healthy habits but i think sales tax revenues will be going up this weekend and a lot of people are stocking up for the labor day holidays. hot dogs, other beverages. >> also big like appliance sales and things like that. you might want to say indoors this weekend. >> air conditioning sales may be down. at least around the bay area. cool temperatures. and daytime highs running below average it looks like for a change. outside right now, sun rise under way in a few spots. you can see the skies lining up around the tri-valley. cloud free for the most part. san francisco, 56. check out santa rosa this

morning. 50 to start off your day. patches of low clouds around san francisco this morning. and a strengthening sea breeze later on. there's the view in san jose. 57 degrees. highs today in the low 80s. at around evergreen you will see temperatures climbing into the low 80s this afternoon. san jose downtown. close to 82 degrees. upper 60s near san francisco. mid to upper 80s perhaps in just the warmest spots today. out around pleasant hill and walnut creek. but then the sea breeze is going to turn stronger again. likely see more low clouds, too. as long as the trough pattern is in place, temperatures cool around the bay area and also if your labor day plans include lake tahoe as the temperatures stay 70 and turn chilly as we head towards monday. monterey baying looking at a low of low clouds and drizzle making a comeback for tomorrow. as we head through monday temperatures climbing up just a little bit. shears a look at your seven-day forecast. san francisco likely finding those low clouds starting to film in again for tomorrow and sunday. and valley temperatures running

pretty mild. as you can see, average high is in the upper 80s. looks like near 80 for saturday. trending warmer midway through next week. to see what your friday commute is haping up like, let's send it over to anthony over to mike. >> things looking good. flowing on the san mateo bridge. also want to show you the south bay as you get going on those roadway '. you can start to see our traffic maps are lighting up a little bit, especially the san mateo bridge. finding the biggest slowing. couple of stalls on the berkeley curve but not too much slowing there. congestion is light. metering lights still haven't been turned on at the bay bridge approach. in the south bay i want to take you there because we are starting to see slowing. especially where those accidents were earlier. 101 and 87. northbound. you can see some of the slowing extends back to 101 right at 280 where our camera actually is. it's all because lighter an usual volume. not see that big backup. good news there. back to you guys. >> holiday light. thank you very much, anthony. 6:50. the smell of fear is in the air. san mateo leaders consider

installing a 5 million gallon sewage tank. they are trying to block that from going through. many fear that the fumes will make them sick. others worry it's doing to effect their home values. but the city says the $900 million program is going to keep the streets and the bay cleaner. they add the tank will be buried underground and will have owed c odor filters. >> almost alarming and shocking not to have really been reached out to. >> the tank would be empty. it would be cleaned after each use. >> those upgrades are part of a statewide mandate. clean water program managers say the tank will only be use during rainstorms to stop raw sewage from spilling into the streets. there will be no final decision until january. coming up, if you're just joining us, something we've been watching all morning long. the release of brock turner. and within the past 45 minutes or so, it happened. he walked out of the santa clara county main jail.

"today in the bay's" bob redell was there as it happened. he's going to show us what happened and what's next for that convicted felon. and happening now on our digital platforms. a man looking for a part-time job to help make ends meet becomes an instant millionaire. hear his tory on the home page of our website, nbcbayarea.com. do that during the break. plus, the santa cruz beach boardwalk is getting a $12 million makeover and we have the pictures to prove it. check out the changes you could see the next time you hit the beach. it's trendi ining on our facebo page.

>> sam and kris, that's not

page. breaking news we've been

tracking all morning long - ==kris/vo== brock turner - just released from jail.... (ad lib) ==sam/toob breaking news we've been tracking. brock turner just released from jail in the last 45 minutes or so. his items in a brown paper bag. he heads off and awaiting suv. "today in the bay's" bob redell is live at the santa clara county main jail all morning long. what is the next step here for turner and for the protesting that we've expected outside of the jail? >> reporter: well, there is a protest expected at 10:00 outside the main jail here in downtown san jose, sam and kris. these are people who are not only upset with the short sentence that they believe brock turner received for sexual assault of an unconscious woman. remember, he was sentenced to six months in jail. received only three months of that. but also trying to get judge aaron persky removed from the

bench. that sentence ending just around 6:00 this morning. just a little bit after 6:00 when brock turner exited out of the main doors of the jail here in downtown san jose. he left the same way any other inmate would leave, sheriff laurie smith pointing out to us this morning he was given no preferential treatment. though they did set up barricades, had security out here in anticipation of what could have been a huge protest but that never happened. there were a few people out here, civilians outside the 50 or so members of the media, at least we heard one person call him a loser as turner was whisked away in a white suv when he got in the backseat. looks like a man put his arm around turner's waist to pull him inside and they sped off. it is our understanding that turner will be traveling back t. once he's in ohio he must register as a sex offender. he be on probation for three years. he also must attend drug and alcohol counseling sessions. sheriff laurie smith did come out after his release this morning to express her own outrage over this short

sentence. she is urging governor jerry brown to sign ab-2888. that's a bill that is on his desk right now that if passed would put into effect minimum prison sentences for people convicted of sexual assault of unconscious -- other people, other people who are unconscious. which would then -- the case here with brock turner receiving the light sentence. that's why that bill came to be. r bob redell, "today in the bay." >> our coverage of this breaking story continues on the "today" show in just a few moments. and of course we will have updates in our 11:00 a.m. newscast as well as ur evening newscast as well. you can follow us across all of our digital platforms for updates any time of day. all right. local news now. and new this morning, an argument ends in gunfire on the streets of hayward. this happened in the area of south garden avenue and a street near interstate 880. the victim was walking down the street when it appears he was involved in an argument with another person or people.

he was then shot in the torso and left in the street. the victim is hospitalized we're told with nonlife-threatening injuries. so far no suspects pchlktser new this morning. the los gatos city council voted to reject that controversial north 40 project. developers wanted to build on 44 acres between highway 17 and los gatos boulevard just south of highway 85. plan called for tearing out an orchard and then building 320 homes and 66,000 square feet of retail space. locals were concerned about traffic and that big box stores would hurt small business owners there. but business owners closest to north 40 did support that development because they said it would bring increased foot traffic. a lot of people are going to be walking around this holiday weekend. to thumbs up for your forecast although at little bit cooler than what you might expect. >> i like it. >> not too bad. you don't like 90s, frisk, you're happy with the forecast today and beyond. yes, today right now it's cool. 50 in the north bay.

highs today climbing into the mid fi80s before cooling back i the 70s. college football back. good game, too. kansas state. stanford cardinal at 6:00 at stanford stadium. may see extra traffic around palo alto this evening. good friday commute. >> even some evening traffic for oakland as game this evening. keep in mind there. this morning i had to scour the maps to find something slow. san mateo bridge. only spot that's looking slowing. got a stall on the high rise section. big box truck is keeping things slow on that side. otherwi otherwise, metering lights did not get turned on this morning. so how is that for your holiday treat and beautiful sun rise coming up as well? >> that looks very nice. well, that ask what's happening "today in the bay." we'll be back with you with live local news, updates starting at 7:25. >> we hope you have a very nice weekend. get out there enjoy the weather. we will see you again at 11:00. have a great day.

good morning. breaking news. hurricane hermine slams into florida overnight bringing pouring rain, driving wind and violent surf. now a tropical storm passing over florida and then heading straight up the east coast just in time for the holiday weekend. we're live inside the storm zone. >> explosion. investigators trying to figure out why that spacex rocket blew up on the launch pad incinerating a $200 million facebook satellite. this morning why the accident isn't just a major setback for facebook but for the future of space exploration.