now. and good morning. and welcome at 5:00 on your tuesday. "today in the bay," thanks for watching. i'm sam brock. >> i'm laura garcia-cannon. may feel like a monday to some who are fortunate to have yesterday off. labor day now behind us. summer hanging on. >> yeah. we're going the see a big warmup starting today with a few spots. cool the start the morning off but as we head towards the afternoon, 90s making a comeback to the forecast today. starting off in the 40s in the north bay right now. 48 degrees, santa rosa. watch the temperatures heading towards the afternoon. very close to 90 today for parts of the north bay. low 90s in the tri-valley. upper 80s in san jose. so the heat is making a big comeback. now, let's see what's happening with your tuesday commute with mike. >> rob, the commute will be coming back. we had a holiday commute yesterday. looking over here and still very light. just the first signs out of the altamont pass for west 580. typical there. we do have a crash oath 24 going counter commute maiding over toward lafayette. reports that three lanes were blocked and i saw a lot of slowing but this has just cleared from the center.

i'll get an update from chp because three lanes are quick to clear there. we'll track this and south bay. no build just yet. back to you. >> thank you very much. south bay high school beefing up security after reported threats towards students. >> "today in the bay's" kris sanchez is joining us live from fremont high school in sunnyvale with details. kris, we do know police did arrest someone. good morning. right. they wanted to make sure that we know -- that we all knew that someone was under arrest. however, they're not providing specifics and they say that is because it is an ongoing investigation. so trying to reassure parents. again, not offering a lot of details. still, the sunnyvale public safety department and also the fremont union high school district are saying that parents should feel free to send their kids to school. that students should feel safe in class. they were atlrattled over the weekend. one saw an anonymous threat

targeted at fremont high school in sunnyvale. they will not specify what the threat was. superintendent said staff immediately contacted the police department, that is sunnyvale public safety, and they tracked down the person who they say is responsible. that person is under arrest. now, here's the e-mail from the fremont union superintendent to family which reads in part, at this time sunnyvale public safety does not anticipate any of these threats as being valid. however, out of an abundance of caution, sunnyvale public city v safety will have a presence on both fremont and homestead campuses during the day tomorrow. we did not aware of any threats toward the homestead campus. we don't know the source of those search, whether it is a student or a student under arrest. now, the public safety department did say there would be increased security at campus. we have not seen any yet but the first bell does not ring until 7:35. kris sanchez, "today in the

bay." in trouble with the law, and now without a job. that's 49ers former bull fact bruce miller who was released after allegations surfaced that he beat two people including an elderly man. now we're getting a glimpse of the surveillance video captured moments after the alleged attack. >> "today in the bay's" pete suratos is live in san francisco this morning with more on the investigation that's now under way. and, pete, this isn't miller's first run-in with the law. >> good morning, sam and laura. it is not his first run-in with the law. and we have yet to hear from bruce miller. but look, they're saying it was on monday morning he got into this fight. this alleged fight with those two victims here at the marriott in fisherman's wharf. in the surveillance video he stumbled across the street to that travel lodge. in that video you can see blood on his tank top and even we're being told by a desk manager he was vomiting at the time following this fight. sfpd said on monday an

intoxicated miller went into that marriott and tried to get into a room that simply wasn't his. that's when a 70-year-old man and 29-year-old son told him he had the wrong room. from there that's when miller allegedly attacked them and both of them were taken to a hospital for their injuries. now, here's that desk manager at the travel lodge who katd 911 on miller explaining the tight end situation. >> came outside this way. and he sat down here and he started vomiting over here. >> and this is not his first run-in with the law. just a year ago he was arrested after he pushed a woman in the ground and destroyed her cellphone at the rivermark plaza in santa clara. he pleaded no contest and it was only a disturbing the peace conviction. now, shortly after his arrest the san francisco 49ers released miller after five seasons with the team. and coming up in the next half hour we'll tell you what hotel patrons at the marriott had to say about this incident. live in san francisco, pete suratos for "today in the bay." >> thank you very much. our coverage continues

online. you can watch all of that surveillance video for yourself and read our other stories about bruce miller's past troubles with the law. it's all on nbcbayarea.com. at 5:05. new this morning, firefighters quickly doused a two alarm blaze in san francisco overnight. the flames sparked a home about 2:30 this morning. crews worked to keep it from spreading into any neighbors homes. no word on how many people are displace and so far the cause is under investigation. breaking news this morning. an terrible wreck in oakland. two people were ejected from an suv after the driver of that car lost control. it happened at high street and san leandro boulevard overnight. the suv flipped a few times, went across several lanes and hit parked cars. that's what is left in the aftermath of this crash. three people were injured. one of whom was injured seriously. oakland police is looking into what caused the accident. grief counselors this morning are going to be on

campus at james logan high school in union city today to help the school community cope with the loss of two students right before the start of the school year over the long holiday weekend. izaiah meese and joe loramo were killed early sunday morning. 17-year-old izaiah meese was driving a honda which collide with a dodge truck. family and friends say the teens were out for a late night snack at the time when this happened. last night more than 100 people showed up for a four-hour long vigil at logan to mourn. >> you want them to enjoy life. you want them to explore. you want them to be independent. i think we raise our kids to be independent. but we also don't want to shelter them too much. >> the highway patrol is still investigating what caused the crash. another life taken too soon, sam. a 14-year-old boy hit by a car

while riding his bike has died. city of oakland made that announcement yesterday noting the boy's family was with him at the hospital. witnesses say the boy was riding on the sidewalk but he veered into the street to avoi pedestrians when he was hit. the driver said to be cooperating with the investigation. the city says there's no indication alcohol or drugs were involved. it was sadly a deadly labor day weekend on california roadways. live look at 101 and palo alto. according to the l.a. times more than 2,000 people were arrested on suspicion of drunk driving and some 30 people were killed in traffic accidents. this is all in the first 2 1/2 days of our labor day weekend. in the meantime, crews right now battling a fast-moving wildfire burning to our north. the so-called saddle fire is burping in butte county and it exploded in acreage recently going to 400 acres in a matter of hours yesterday. so far at least two structures have been destroyed but the fire is now progressing downhill making it more difficult for firefighters to try to contain

the flames. it's currently only 10% con takement. looks like it was dry out there as well. let's check our forecast. it's early on tuesday morning. rob is in for kari. >> we're seeing temperatures in the 50s outside and a wind shift that took place yesterday and today that's going to take that smoke from that fire, the saddle fire, and push it north to south. you will notice that around the north bay and our east bay valleys today with hazy skies and moderate to air quality for today as our temperatures start to climb up. 80s south of downtown san jose. 90 in morgan hill. low 70s in san francisco. hottest spots, low 90s today. and then even close to 80 tomorrow in san francisco as the heat sticks around through about thursday before we see some cooler temperatures in the stronger sea breeze approaching the weekend. now to see what's happening if your xhorning commute at 5:08. >> this has been an issue.

off and on slowing eastbound 24 getting away from the bay bridge heading toward the walnut creek interchange. we do have reports of a crash into the center divide. chp reports being on scene and having lanes blocked but i'll still trying to get more detail. it's through this stretch away from the bay bridge. the bay bridge itself, we'll show you the live camera from emeryville. turning toward the toll plaza. just a few folks in the cash lanes just starting to build right on schedule here. back to you. >> waiting for the metering lights. a fight to the finish. last-minute push to both candidates as we hit that home stretch. >> wall street gets back to work after a long weekend. plus, a bank withdrawal. check it out in business and tech.

welcome back. tuesday morning. missouri, florida, virginia, north carolina, four states in the focus of both presidential candidates on this first official day of the fall campaign. >> yep. some of the battlegrounds. "today in the bay's" tracie potts is tracking the latest from the campaign trail. tracie, traditionally after labor day we're entering the home stretch here of the campaign. >> yep. absolutely. and we've got some new numbers this morning to tell you just where we are at the begin og of this fall campaign. our nbc survey news monkey poll

shows hillary clinton up six points. she's also announcing some new high powered help. the m obamas on the campaign trail. wi while donald trump continues to answer questions about immigration. donald trump heads to virginia and north carolina today, still explaining immigration. >> you're going to have to go out and come back in. >> reporter: and defending his laid back debate prep. no cramming, no mock debate. >> i've seen people do so much prep work when they get out there they can't speak. >> reporter: hillary clinton's talked so much she's losing her voice but still criticizing trump forgetting into a twitter war with mexico's president. >> he managed to turn his trip to mexico into an embarrassing international incident. >> reporter: clinton's in florida today sending her sure excite gates to other battleground states. >> hillary clinton is the superior candidate, hands down. >> reporter: early voting begins

in a few weeks. the first debate at the end of september. and election day, now just over two months away. and that is why these candidate are really trying to get the word out now with tens of millions of dollars ad buy from hillary clinton and her super pac, smaller ad buy by donald trump and his campaign and republican donors. however, just this morning he got the endorsement of 88 retired generals and admirals. >> interesting to watch. thanks so much, tracie. live from washington this morning. also at 5:14, new this morning, president obama has become the first sitting u.s. president to visit the isolated landmark southeast asian nation of laos. he's there right now. he arrived yesterday for a three-day visit. president obama will address u.s. bombing in laos during the vietnam war meant to close a chapter in the shared history 15 the two countries. president obama is committing $90 million to help clean up

some 80 million u.s. bombs and devices that remain unexploded in laos. back to work today for congress but not for long. lawmakers are returning from a seven-week break but they will have less than a month before heading home to campaign for the november election. by october 1st congress must figure out a way to fund the federal government and prevent a shutdown. other items on the agenda include improving funds to fight the zika virus and legislation that determines how much is spent on the nation's military. technical problems are causing delays for some british airways flights across the country. that includes right here in the bay area. all this stemming from a computer glitch within the airlines check-in system. the carrier is apologizing to customers and urging them to check in online. british airways say it's seeing delays at heath way but is not comment social media reports of

problems in san francisco, washington, d.c., and in atlanta. scientists right now at spacex continuing to pour in tiny pieces of rocket trying to figure out what caused last week's explosion on the launchpad. >> now scott mcgrew, the owner wants payment. >> or a free ride into space the next time. either/or. the explosion was a disaster for spacex but also a huge problem for the israeli satellite maker space com. it was in the midst of a merger to be bout by a company based in beijing but the merger was dependent on the successful launch of one last satellite. that's the satellite that blew up. national association of homebuilders says there's a critical shortage of homebuilders. many people left the construction business during the housing crisis and did not return. the homebuilders estimate 30% of construction workers left the industry. that's leaving a shortage of 200,000. some organizations in the bay area are kicking around the idea of opening construction schools for women.

much like there are coding schools for women and girls. the pay for a good homebuilder is competitive and there are far fewer women in construction than there are women in tech. let's check the rest of the news before the bell. landon dawd owdy is live at cnb world headquarters. good morning, landon. >> hi, scott. good morning. wall street looks to start on an up dote. markets are coming off a positive week with the dow having a best week and in months, it is a lighter day for economic data but you want to look for reports on the nation's service sector. the dow rose to 18, 491. nasdaq adding 22 to 5249. scott, back over to you. wells fargo apologized over the weekend for a set of advertisements publicizing the upcoming teen day. the ad says things like ballerina yesterday, an engineer today. or an actor yesterday, a bottom

ist tomorrow. a wells fargo spokeswoman says wells fargo is deeply committed to the arts and we offer our sin veer apology for the initial ads promoting our september 17 teen financial education day. sometimes you get it wrong and you just come out and you say, we blew it. >> you make it right. >> you make it right. >> much more respect certainly for that sort. >> i agree. >> we have the dawn of a new day. >> always a lot of respect for the new parents out there. many of who we think get up pretty early with us. maybe that includes our own kari hall taking care of beautiful baby kimora. look at that. this is why kari is not here but for good reason. i wouldn't want to come back. >> she is not just adorable but look at the headwear going on, too. perfectly dressed. so she goes by bella. the middle name, so many people, i don't know about you guys when you're out ask you how is kari doing, how is her baby doing. >> she's doing great. >> she appears to be doing just

fine. >> just fine. beautiful. congratulations. congratulations to the whole family there. we miss you. we want to have you back but you're in a much better place right now. >> good morning, kari. >> i hope she's getting some sleep sleep. >> which you know a thing or two about having twin boys. >> old hat now. you're ready for more. >> experts now at waking up at 4:30. the weather hopefully kari enjoying the nice weather over labor day. outside this morning another chilly start. dress in layers with jacket weather again in the north bay. 48 degrees. that looks a bit more like fall, doesn't it, with mostly clear skies. 50s across the board. 54 degrees just patches of low clouds and san jose right now you're at 57 dries. mostly clear skies. as you send the kids off to school, saratoga get ready for a more summer like day by 3:00 as schools wrap up close to 90 degrees for parts of the south bay. all the signs of a warmer day

out there. marine air has been squished by 50% in the last 24 hours, which means less ocean air conditioning across our interior valleys today. high that will make a run at the 90s today. a few degrees hotter tomorrow as the winds turn slightly offshore around midday. around 3:00 and 4:00 we will get just a weaker late day sea breeze to kick in. highs today, south of san jose. approaching 90. 70s closer to san francisco from the north bay upper 80s to near 90. low 90s around the tri-valley. if you don't like the heat sticking around the forecast between now and thursday, things look hot. by friday and saturday we will see the high weaken and the sea breeze picks back up once again which will be good news for air quality, cooler temperatures, too. after san francisco tomorrow could get close to 80 degrees. 60s in time for the weekend. across the valleys upper 90s tomorrow. but back into the mid 80s by saturday and sunday. so the weather looking pretty nice but not so nice around 880 and san jose. someone dropping nails on the

roadway. >> it's sketchy as far as the details. overall the commute looks great. in san jose, the freeway is closed. you can't use southbound 880 past the alameda off-ramp. folks are forced off the roadway. reports of nails scattered across about 100 yards of roadway. so even one is good enough to ruin your day. i'm trying to find out from chp whether you get off and back on at the same off-ramp. looked like you're forced down to baskin, the next rarp. eastbound 24, reports of a couple lane, maybe three as crews have arrived in the crash that went into the center divide. quick look at oakland. light traffic everywhere else in the bay. back to you. right now, coming up next, popular landmark destroyed and there's proof of it happening. the search to find the people responsible for crumbling a

famous rock formation in oregon.

. that was the problem, new cellphone video showing a group of people knocking down a popular rock formation on an oregon beach. that formation is known as duck bill and it crumbled last week. state park officials thought the weather was what caused the damage but this new cellphone video surfacing reveals a group of people knocking it over. clearly taking it down. they claim they did it because

it was a safety hazards. officials are going to review the footage and see if it's a case that warrants vandalism. pollution concerns with a boat still overturned in the delta. sacramento took on water off the coast of bethel island in contra costa county sunday morning. it investigators fear the paddle boat can still leak 600 gallons of diesel fuel into the water >> we're go to go out there to make sure we minimize the impact to our water. make sure our wildlife and our waterway is protected. >> the coast guard is now investigating how the boat sank. and so far, they've been unable to find the owner. 5:25. oakland cemetery needs to expand but it's going have to chop down dozens of trees but they're not ordinary trees. east bay times reports that mountain view cemetery wants to remove at least 200 coast live

oaks. some of them are more than a century old. oakland is named after the oak trees. the crowded cemetery is cutting the trees down to make more room. cemetery has about 5,000 oak trees in total. it's now up to the city's planning commission to decide. being in the right place right now at the right time, check this out. >> pretty amazing picture. photographer mike kara zrk of hawaiian was enjoying a sunset when he spotted a newlywed couple as they embraced on top of a cliff in yosemite. he posted the photo in social media to share the priceless picture with them. it was taken on september 1st at taft point along the trail. >> use pointed out, she's in ore wedding dress. >> a gown. perfectly posed. maybe there was another photographer nearby actually, you know, taking that shot, too. but it is nice. >> perfect. that's what i wear. >> and heels rchl coming up next, the scare at a local high school the.

the threats that are leading to beefed up security as two separate campus these morning and concerns fremont high school in sunnyvale. pete suratos in san francisco with the latest details on the arrest of 49ers tight end bruce miller and that surveillance video moments after his alleged altercation. tragedy in the east bay as two high school students have been killed in a crash as class rest about to start up today. i'm bob redell taking you here live, coming up.

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good tuesday morning to you. thanks so much for joining us. i'm laura garcia-cannon. >> i'm sam brock. we are what, now, september 6th? a few days here. >> feels like time is flying. it feels like fall but then it heats up during the day. >> places in the north bay can jump as much as 40 degrees in the span of the day. we're about to see up with of those days. 48 degrees outside. in santa rosa, by the end of the day, to be closing in on 90 degrees. that's the case right now. feels like fall for now. but by the afternoon, numbers in the 90s around the tri-valley. south of downtown san jose which unfortunately the also hot spot for your morning commute this morning, mike. >> we hope to have better news. we'll look at the entire bay and looking good for the speed sensors. the problem here, south 880. folks are forced off of the roadway at the alameda off-ramp. nails and an earlier crash in the roadway. the nails and crash both cleared from lanes chp says. in next five minutes lanes

should be reopened. if not you're forced off at the alameda. bay bridge, we should see the metering lights. yep, there they are. folks waiting. the metering lights are on. bridge remains clear but the backup at the toll plaza. back to you. >> mike, thank you very much. well-known 49ers player is in trouble with the law and now he is without a job. the team has released fullback bruce miller after allegations that he assaulted an elderly man. this morning we're getting a glimpse of the surveillance video moments after the alleged attack. >> "today in the bay's" pete suratos is live in san francisco with more on the investigation that is now under way. pete, do we know any details about what might have led up to this attack? >> reporter: good morning, sam and laura. no, we do not have details of what led up to it but we do know right here, this is where they said this alleged altercation took place at the marriott and fisherman's wharf. surveillance video, stumbling over here to the nearby travel lodge and that's when you see

him with blood on his tank top, following this alleged fight. now, the travel lodge manage whole called 911 says miller was vomiting as well. now, according to pd it took place around 2:45 on monday. you see an intoxicated miller. he went into a marriott and tried to get into a room that wasn't his and that's when a 70-year-old man opened the door and told him he had the wrong room. both men were taken to the hospital with injuries. we spoke with hotel patrons at the marriott. here's what they have to say about it. >> i was afraid. i think it was an attack or something like that. >> another black eye for the 49ers even though we're not 49er fans i hate to see that go on. >> this is not miller's first run-in with the law. just a year ago he was arrested after he pushed a woman to the ground at the rivermark plaza in santa clara. he pleaded no contest. it resulted only in a disturbing

the peace conviction. shortly after he was booked into the jail the san francisco 49ers released miller after five years with the team. now, coming up in the next hour, more details on this developing story. we're live in san francisco, pete suratos for "today in the bay." >> all right. thank you very much, pete. it's 5:33. police officers will be on the campuses of two sunnyvale high school students today after making threats against students. school officials sent this letter to parents saying the threats were made against fremont high school students. the nature of the threats were not made public but we do know they were posted on social media sites. investigators are not releasing any information about the suspect. school officials do not believe there's an immediate threat but police officers will be on campus at fremont and homestead high schools today. remembering two teens killed in a car crash just days before the first day of school. today students at james logan high school are going to be starting the school year without two of their classmates. "today in the bay's" bob redell

is live there now from the school. bob, grief counselors are going to be on hand to try to help these students do what the no doubt going to be a painful day. >> correct, sam, yes. the school district will be sending grief counselors to james logan high school in union city in case there are students starting their first day of class here who need help coping with the deaths of two of their classmates. those classmates are izaiah meese who is 17 years old and joe loramo 16 years old and went by the nickname junior. two teens and another logan student was out for a late night snack run. a little bit after midnight they collide with a dodge truck. this happening on 880 in high ward. meese died at the scene. loramo later at the hospital. yesterday about 150 family and friends fathered here outside the high school to light candles and talk about the boys during a vigil that lasted three hours.

loramo's sister wore her brother's football jersey while his father had this advice for his son's classmates. >> kids, don't treat take life for granted. >> you want them to enjoy life. you want them to explore. you want them to be independent. i think we raise our kids to be independent. but we also don't want to shelter them too much. >> the chp is still trying to figure out what caused that early sunday morning crash. that third logan student who i mentioned who was in the car is recuperating at medical center. reporting live in union city, bob redell, "today in the bay." >> thank you, bob. it's 5:35. convicted sex offender brock turner back in his hometown in ohio. some of his theyer boss are not happy about it. turner was released on friday and serving out probation at his parents' home near dayton, ohio. turner was greeted by angry neighbors wielding signs and weapons protesting the convicted

sex offender's short jail sentence. >> the community is not going to tolerate people raping women and then getting a slap on the wrist. >> turner must register as a sex offender for the rest of his life. looking for a sex offendser who continues to create fear in the south bay. the search continues for a man who police say tried to kidnap two young women. police are looking for david lee russell, this man. 56-year-old who has prior convictions for assaults against women. is considered extremely dangerous. investigators say russell carried out two separate attempted kidnappings last week. the first on monday at hamilton and meridian avenues. the second one happened on thursday at hillsdale. >> the mere fact that the crimes were committed in san jose, people in the entire bay area should be on the lookout because how easily can he just drive 30 minutes and be in another county? >> police say the attempted

kidnappings happened in the evening on busy intersections in both cases the women were walking alone. fortunately both fought back and were able to get away. a sick coyote has been found dead. they say the animal was struck by a car in danville. the coyote was suffering from mange when it was spotted last month. emergency services believed however it was not a threat to people. they planned to safely catch and try to care for that animal before releasing it whack into the wild but it didn't make it. >> very sad. they certainly tried to save it. this morning there's one fewer gun range in the bay area after a half century. the east bay gun club has closed its doors. big turnout at the gun club yesterday, the club's final day of operations. it's in castro valley sitting on the east bay regional park district's property and the district has decided not to

renew the lease. park officials say the club failed up to come up with an adequate environment plan to clean up lead pollution. now the district is going to leave clean-up efforts. >> it's going cost a lot of money to clean up that site because of all the lead bullets that have been pounded into the dirt there for so long. anywhere between 2 and $20 million, i think, depending on the extent of the contamination. >> if you don't have a good place to train and practice, you're going to have accidents. it's pretty simple. >> the club had about 1,000 members. many of whom tell us that they're going to have to drive out of the bay area now to find another outdoor range like the chabot gun club. san mateo county taking a closer look at drones in order to understand how to better utilize and regulate the devices. drones will be the topic of discussion during the board of supervisors meeting today. it's really a study session on drones. members from the san carlos airport and parks and rec department are among the few

groups giving presentations today. the meeting at the hall of justice and records in redwood city at 9:00 this morning. b.a.r.t. extension to san jose is shifting into high gear with crews getting ready to test out trains on part of the new line. the san jose mercury news reports in a few months trains are going to be running between fremont to san jose berryessa area. that's to test out the ten-mile link between those two cities. there's also a warning going out. officials say the new track are high voltage electric track and people should avoid them. there are hopes to have the new line up and running by late next year. sun is coming up in a little bit. rob is coming up with a look at this forecast. >> we're seeing temperatures off to another chilly start in the north bay. 48 degrees. if you're waiting for the sun rise now at 6:45 coming up this morning. 50s around the east bay over towards san francisco and in san jose, one of the more mild spots. upper 50s for right now. high temperatures later on approaching the upper 80s. low clouds, mid 80s as early as

lunchtime today as temperatures top out in the valleys into the 90s. areas south of san jose climbing to 90 today. 70s near san francisco. peninsula peninsulas. hottest spots from walnut creek to livermore. highs soaring into the low 90s. we head through this afternoon and even hotter temperatures expected on the way for tomorrow. now to see what's happening for your morning commute, here's mike. >> both crashes i was tracking and only two of them from the chp report. i will zoom in to san jose where we had the slowing. southbound 880 almost recovered completely over at the alameda off-ramp where there was a crash and nails or spikes in the roadway. whatever the case. it's all clear. no more problem there. north 101 and north 87 just showing the first signs of a start for the commute here. as well as southbound 680 through sunol typical now from sunol boulevard. 880 clear just about the time you get to industrial. quick look at oakland. bay bridge toll plaza where the metering lights are on. back to you. >> of course. coming up, keeping bay area

freeway safe. the latest push for surveillance cameras after yet another shooting. wall street is back to work and i will tell you a good cheesy story about silicon valley, coming up.

east bay mayor is demanding the state do something more after another highway shooting this past holiday weekend. >> there, in fact, have been nearly 30 in the bay area since november. the latest on 880 in oakland sunday. mayor of hercules is asking the state for $2 million for cameras along several freeways. >> our proposal, license plate readers, on and off-ramp, we should have been able to capture that license plate. so the cameras are the cameras will solve what's occurring. >> the shooting happened about 5:00 sunday night here the high street off-ramp. oakland pd say the driver hit two cars on the freeway and then opened fire. no one was shot. two people were injured from that crash. the government is still on the loose this morning. t. bill cosby will be

returning to court as lawyers continue to fight to keep out key evidence in his sexual assault case. some of that evidence that they want out includes nearly a thousand pages of damages testimony that he provided in an accuser's lawsuit. the 79-year-old comedian is charged with drugging and sexually assaulting a woman whom he had mentored at temple university in 2004. defense lawyers argue that cosby was promised that he would never be charged so he then felt free to testify in the 2005 lawsuit. however, a judge this year found that he was never granted immunity. the judge is expected to hear arguments on that issue later today. one of the women accusing bill cosby of rape is going to be at the state capitol in sacramento today. she's joining a group of women who urge governor jerry brown to sign the justice for victims act. that bill is signed into law by the governor would eliminate the state's ten-year statute of limitations for rape crimes. rape survivors along with women's rights leaders and

attorney gloria allred are holding a press conference later this moring at the state capitol. cervical cancer rates in women are down more than 50%. more women are getting tested regularly. the american cancer society says cervical cancer is one of the more common causes of death for american women. lifestyle changes can help. eating well, not smoking or drinking heavily and practicing safe sex can keep the disease at bay. non-profits like tracy lane foundation are helping women who can't afford preventive care. >> at my office we will provide your annual pap paid for by the tracy lane foundation. so for the actual exam, plus the lab costs that are associated. >> once again, a pap test is a woman's best dedefense. you can find changes cervix. if you're worried about concussions turns out most parents are relying on out date

and incorrect advice when it comes to caring for a child who suffered a concussion. according to a new survey from ucla health 3/4 of parents say they would wake their injured child during the night to check on them and make sure they're okay. the doctors say that disrupting sleep may prevent the brain from healing faster. 84% of parents say they would make their kids sit out from all physical activity after a concussion. and while they should avoid heavy contact sports it turns out light exercise could actually help them. the housing market may be hot but homebuilders can't find enough workers to get the job done. the national association of homebuilders estimates there are about 200,000 unfilled construction jobs at all levels of experience. that's up 81% from two years ago. without enough workers construction is trailing demand for homes. also with labor costs rising builders are resorting to making more expensive homes. abandoning the starter market causing a tight supply of entry level 40ehomes. facebook testing a feature

that shows you status updates you might have otherwise missed. there's now a box marked with what friends are talking about which lists some of your friend's poss. for now it's only available to a select group of facebook users on the company's android app. not a throwback thursday but a throwback tuesday. it was ten years ago this week that facebook introduced the news feed. >> scott mcgrew, people actually hated it. >> they did. there were protests outside. protests outside facebook. people were swearing they would drop the social network ten years ago because they didn't want to see what their friends were up to. new ideas take time. elon musk feels that way a lot waiting for the rest of the world to catch up with his ideas. he's under pressure to make a profit with tesla. over the weekend he sent an e-mail to employees urging them to cut costs. and hurry up the production line. wall street back to work on tuesday. yes, it is tuesday. i keep thinking it's monday. the dow had its last week.

jobs numbers on the jobs report last friday. they are never very strong. the owner of the melt, the grilled cheese restaurants are selling out and getting out of the sandwich business. i bring this up because of the strange history of those stores. they're owned by jonathan kap n kaplan, a sill vicon valley engineer who told the flip camera. he sold it for $600 million. this is my favorite silicon valley story. first he was only seven years ago. people had a video camera in their purse or pocket because they didn't have iphones. cisco then paid half a billion dollars for this technology that would be pointless. >> but at the time they thought -- >> but a month later -- yes, they thought. months later this becomes totally pointless. then, third, is a story is not good enough, the guy takes that $600 million and goes into the grilled cheese business.

>> all go into the grilled cheese business? >> not all of it. i'm sure some of it were yachts and expensive cars. crazy technology flop, $600 million grilled cheese. >> where is your flip phone now? i still have one. >> stuffed? a desk drawer. >> some people like to hold on to it. now if you have a flip phone and everyone else has your smartphone. >> and your walkman. retro. >> diskette. tropical storm is strengthening into a hurricane and heading up mexico's baja california peninsula. the hurricane made landfall near cabo this morning. it's expected to travel right through the region today. and then move further into northern mexico. people living in those areas right now are under a hurricane warning. and that's why you wonder they have some good deals going to those parts right now. >> yes. >> yeah. not so great. >> no coincidence, caribbean or baja california. still category one hurricane

with winds close to 90 miles per hour. the forecast will take you to the south right now. seeing the latest on hurricane newton there. the winds at 90 miles per hour. very interesting as it moves northward it maintains category 1 strength and then redirects over into southern arizona as tropical low which may bring some flooding rains to parts of southeastern arizona and new mexico as that storm weakens and moves off into the desert southwest. none of that moisture expected to spill westward. it is a chilly start again feeling more like fall again with 40s around santa rosa. right now in san jose, 57 degrees. hazy skies. if you're sendinging the kids off to school los gatos you will see the numbers warming close to the 90s this afternoon as the sea breeze just not as strong as it's been over the last few days. in fact, winds slightly in the opposite direction for the first half of the day. and then as we head towards the evening you will see just a little hint of that sea breeze making a comeback later today. highs today in the mid 80s.

san jose, 80s. north bay temperatures in the 80s and 90s. and you see mid 90s in the warmest spots today around the tri-valley as this is the pattern in place between now and thursday. the mid week heat as that offshore pattern sets up. so san francisco tomorrow could get close to 80 before cooling. approaching the weekend and look at those numbers. into the upper 90s. hottest spots around the bay area tomorrow will be in the tri-valley. checking out that tri-valley commute right now with mike. >> rob, still look at the 98 there. oh, my gosh. all right. over here for the tri-valley and we'll show you how traffic flows. is that better? sorry. the roadway is clear but the microphone was not. my fault. i'll take the credit for the smooth drive. although we're looking at hayward southbound 880. typical pattern south of industrial is where you're all in the clear. 680 is slow from 580 all of the way down to sunol boulevard. that is a little bit more than we often see.

remember, this is tuesday. back to work tuesday. so we will see slower spots. it's not your monday evening in toward the week, of course. bay bridge toll plaza. yes show you this camera from emeryville -- sorry, toll plaza is backed up with metering lights back toward about west ground avenue. the bay shore freeway along palo alto. no problems on this side of the bay. back to you. >> thanks, mike. >> we like to hear those reports and certainly like to hear you. multimillion dollar home up in flames. the reason that tropical storm hermine made it difficult for firefighters to extinguish the fire. first, happening now, bonnie is back home. we're not talking about a fern, we're talking about a 92-year-old parrot stolen from her family. read the story now on our facebook page. plus, a man sneaks up to a jet at l.a. international to smoke a cigaret cigarette. read the story now on nbcbayarea.com.

dramatic video of a rhode island beach house up in flames. officials say strong winds from what was hurricane hermine made it extremely tough fire to fight there. you see the winds billowing there. the multimillion dollar home sits on the ocean. complete loss. no one was hurt. tropical storm warning remains in effect from i don't think lie

yand to massachusetts and continues to churn in the atlantic ocean. it's weakening but many areas will still see pounding wave, coastal flooding and beach erosion before that storm eventually moves out to sea. bracing and in the meantime, conservative activists and icon shahly has died. family spokesperson con tirmd that schlafly dade yesterday. she began in the 1960s. she was known specifically for her focus on family values and opposition to abortion rights. schlafly was 92. back to work today for congress but not for long. lawmakers are returning from a seven-week break. they will have less than a month to keel with key issues before heading home to campaign for the november election. by october 1st congress must figure out a way to fund the federal government and prevent a shutdown. other priorities are approving

funds to fight the zika virus and defense policy legislation that determines how much the spent on the nation's military. from the race to fund the government to the race for the white house where it's officially crunch time for both candidates vying for the oval office come november. both donald trump and hillary clinton are campaigning in key battleground states today. trump's in virginia and north carolina while clinton is visiting florida. yesterday both presidential hopefuls spent their hey bor day in the battle ground state of ohio. at one point they had private planes parked across from each other on the tarmac at cleveland's hopkins international airport. early voting begins in a few weeks and tomorrow clinton and trump are participating in the first ever commander in chief forum moderated by nbc's matt lauer. the first presidential debate comes at the end of the month. happening now, president obama has become the first sitting u.s. president to visit the land locked southeastern asian nation of laos. he's there right now. he arrived yesterday for

three-day visit. the president will address u.s. bombing in laos during the vietnam war. it's meant to close a dark chapter in the shared history between the two countries. the president is committing $90 million to help clean up some 80 million u.s. bombs and devices that remain unexploded in laos. president obama also getting an apology from the president of the philippines. kind of. president isn't exactly apologizing but says he regrets cursing at president obama. the cursing came when a reporter asked him how he planned to explain to obama that the illegal killings and drug dealers. shortly thereafter the white house canceled a meeting between obama which was supposed to happen in lao is s. he said i do not want to quarter all rel with the most powerful country on the planet. right now at 6:00, remembering two of their own. a live look at a growing memorial as students at an east bay high school head back to

class for the first time since two of their classmates were killed in a car accident. plus, students threatened at a south bay high school. the safety measures the district is taking to make sure all students are safe. he was bleeding and vomiting. i asked him if he was all right. >> bruce miller arrested again. now cut from the 49ers. the new surveillance of the athlete's moments after he allegedly beat a 70-year-old man and his son. "today in the bay" continues now. a very good morning to you. it's tuesday, thanks for joining us. i'm laura garcia-cannon. >> i'm sam brock. rob has been talking about the fact that fall tends to be a transitional time. huge temperature swings in some parts of the bay between morning and afternoon. >> yeah. chilly, jacket weather for places like santa rosa this morning. we're waking up to numbers in the upper 40s right now. clear skies. here's if you have san jose, mostly clear to start. 56 degrees.