♪ we begin with developing news. former president jimmy carter has been hospitalized with an upset stomach in clintwood, ohio. the 85-year-old carter was a passenger on a commercial flight to cleveland this morning when he became ill. a spokesperson says the arriving flight was met by an ambulance and president carter was taken to cleveland metro health hospital at 8:30 this morning. the 39th president was arriving to ohio to sign copies of his new book. mr. carter is resting comfortably and expected to continue his book tour later this week. >> our other top story now, it is another scorcher around the bay area today and we could see more record temperatures. this is video from san francisco's chrissy field this morning where people and animals

are out enjoying the outdoors. energy officials are asking us though to conserve power for another day. >> san jose's park is closed today because of extreme fire danger. today is a fourth spare the air day. meteorologist mike nicco joins us with more on our triple digit temperatures. hey, mike. >> hey, how are you today? hopefully staying cool. just how hot it's going to be around the bay. a lot like yesterday. look at all the triple digits. you may be wondering what the asterisk is for, that's where i think we could tie or set the record high temperatures. yesterday's record-setting 93. half moon bay, cool spot. mid to upper 90s throughout the bay into the south bay to 100 morgan hill. low 1 hundreds throughout the east bay valleys. napa 99 to 103 in santa rosa. i think the poorest air quality will develop is over in the east bay valleys and also down into the santa clara valley. this is the lowest threshold so those that are most susceptible

to ground-based ozone, the elderly, the young, those with asthma problems may want to stay inside and try to breathe some clean air. i'll have a clearing trend and a cooling trend in your forecast in a if you minutes. here's jenelle with news. >> more heat-related problems after it hit 113 degrees. edison said 27,000 customers with wrought power this morning in orange and los angeles counties. many of those customers have been without power for 8 to 16 hours. blown transformers appear who have caused most of the outages. in oakland this morning a little girl is recovering from a bullet wound when a gunman blasted the family's home when they were sleeping. it happened seminary avenue near east 16th street. theresa garcia joins us with the

latest. how is the little girl doing? >> many better. that little girl is very lucky to have only been struck once. the bullet actually reached her chest cavity but no organs were touched and she's in stable condition. they have no suspect information who so boldly shot up this house. >> one six-year-old leslie ramirez woke to a bullet piercing her arm and shoulder in the middle of the night. her sister came running to help. >> i just heard a lot of screaming. my mom was crying. my little sister. she was bleeding from her arm. >> at 2:15 this morning, the little girl was hit by one of at least 25 rounds that blasted through the back end of its east oakland home on the corner of seminary avenue and east 16th street. police believe there were two to three gunmen. >> my dad, he jumped the fence to try to see who was it. but he said it was too dark.

>> ten people live here, including three young children. but the only one hit was the six-year-old asleep in a room with her parents. >> every parent wants to think their children are safe when they're inside their homes and then you have bullets flying through and the child's struck. it's a tragedy. >> the little girl from green leaf elementary was hospitalized with non-life-threatening injuries but those no solace since this is the third time sans year of living there it's been shot at. they think he was targeting his 18-year-old brother. >> he's probably hanging around with the wrong people. >> the neighborhood is a known hot spot for narcotic and gang activities. the investigation could move slowly since oakland's gang task force has been dismantled. >> layoffs of 80 officers, we had to downsize some of our specialize the units. there is not a gang unit working

as there was a couple years ago. >> the family says they may just have to move away from this area to be safe. and this really is the kind of senseless violence that would anger anyone with a conscience and what police hope is that outrage will bring the people in the community forward with some information. live in oakland, theresa garcia, abc 7 news. >> theresa, thanks very much. in less than an hour, san bruno's mayor and pg&e officials will begin testimony on capitol hill about the deadly gas line explosion. a senate commerce committee is holding a hearing on pipeline safety and what can be done to prevent another disaster. seven people died in the september 9th explosion and dozens of homes were destroyed. california senator bark bbara br is on that panel. they require automatic elctronic shutoff valves on gas lines when ever possible. >> meantime federal investigators are looking into a possible new clue at what may

have caused the deadly san bruno explosion. the national transportation safety board says pg&e had equipment failure at a control center in milpitas where the pipeline originated. it says the center lost power hours before the pipeline ruptured. the ntsb says the loss of power could have affected the pressure in the gas pipeline. this morning there are also questions about work done on the pipeline two years ago. san bruno city officials had approved a permit for pg&e to inspect the 30-inch transmission line that exploded. >> the fate hav condemned murderer is bounced between federal and state courts with a new court deadline this afternoon. 56-year-old albert brown is scheduled to die at 9 p.m. thursday for raping and killing a 15-year-old in 1980. lawyers are pushing hard to stop the execution. terry mcsweeney joins us now to explain all the legal wrangling. terry? >> the big news today is judge jeremy fogel in san jose issued this order telling attorneys for both sides to file briefs by

2:30 this afternoon in this case. and he is especially looking at two issues. joining me now legal analyst dean johnson to talk about exactly what judge fogel is asking for by 2:30 this afternoon. what's he wanna know? >> what he wants to know is first of all has the department of corrections and its new regulations solved all of the problems that led in 2006 to the delay of michael morales' execution. the next say little issue which is the supreme court has issued an on point case called base versus reis as recently as 2008. he wants to know if the legal standards for examining those regulations has changed significantly. >> you are saying it looks to you that there's going to be a stay of execution? >> yeah. i think the message throughout this litigation, ever since the death warrant was issued, has been what's the rush? and it appears according to the 9th circuit that it's been the attorney general who has been pushing for an execution

possibly to avoid the expiration of their last supply of the execution drug. and the 9th circuit said to judge fogel, look, we're not going to let something like that short circuit our deliberative process. you, judge fogel, said you needed time to examine these issues. we're untying your hands. we're going to give you that time. >> the appeals that were going yesterday and going this morning, are they going to continue at the state and federal level? >> yeah. three proceedings going on. first the federal proceeding we've just been talking about. there's a state proceeding where we're awaiting the state supreme court's decision on whether it will review that decision. and then there's also the outstanding clemency petition before governor schwarzenegger which is another loose end that needs to be tied up. >> keeping in mind that there is a shortage of pentothal, one of the drugs used in the execution as the batch that california has right now has an expiration date thursday at midnight. the execution is scheduled for 9:00 thursday night. any further delay past three hours means this is not going to

be happening, this execution, until early next year the soonest. the manufacturer says he's not going to come up with another batch of this drug until next year. live in san francisco, terry mcsweeney, abc 7 news. >> terry, thank you for the update. in mexico officials say seven people are dead and 100 missing after a hillside collapsed in a rural community earlier this morning. it happened near wahaka city. it's believed to have buried 1,000 people and between 100 and 300 homes. the mexican army and state officials have been called in but it may be difficult for them to help because roads have been washed away by mud. the landside follows days of rain in the region. >> and coming up, a big change for one of the nation's most popular ice cream chains. we'll have that story just ahead. >> plus president obama holds another backyard summit today. what he says is his main key t

(speaking in international language) and he said unto them go ye into all of the world and preach the gospel preach the gospel ♪ every creature in the world. (applause) ♪

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we have an update on our top story. a grandson of the former president says he has been released from the hospital after being taken there with an upset stomach. the former president carter was on a flight when he became ill. the arriving flight was met by an ambulance. america's 39th president was arriving in ohio to autograph copies of his new book. he's expected to continue his

book tour this week. with election day just five weeks away, president obama makes another backyard visit to try to generate support for his policies and more importantly the democratic party. this morning the president stopped by a home in albuquerque, new mexico, to talk about the economy and the plight of the middle class. he says before he entered office, job growth had slowed considerably and since 2001 the average wages for middle class families had fallen by 5%. america's ranking for college graduates went from number one in the world to number 12. >> and the number one issue in terms of us succeeding as an economy is going to be how well we educate and how well we train our kids. nothing else comes close. >> today's visit was the first of several planned backyard meetings with voters this week. the president is also swinging by college campuses to try and regenerate enthusiasm among young voters.

america's jobless rate is at nearly 10%. california's rate over 12%. today's abc 7 is cosponsoring another job fair with the job journal to help those looking for a job and eric thomas has where the fair is just getting started. hi, eric. >> hi, jenelle. yeah, they opened the doors ten minutes ago and as you can see things got awful busy there. those numbers you were using indicate what's going on and why people are so anxious to come to these job fairs. this at the hotel whitcome features 10 employers with 3600 positions to fill, the largest u.s. customs and border patrol agency. they have 2200 positions they're looking to fill. other names, lenscrafters, roth is here, companies like u.s. merchant systems fremont, they process debit cards transaction. they're being visited by lots of

people anxious to find work. >> i'm retired, but the money ran out so i'm looking for a job. so i'm like customer service, you know, i just need a job. >> i'm on a first name basis with unemployment every day but i figure if i keep trying, something will work out. >> we're looking for persons who are skilled at sales on one hand, and also persons who have never sold anything on the other. because we wanna make sure if we can train that person, we don't have to undo some of the bad habits. >> the job fair here at the hotel runs from 11:00 until 3:00 this afternoon. there is resume assistance available. the doors are open. ten employers with a total of 3600 jobs to offer at the hotel witcome, eric thomas, abc 7 news. back to you. >> thank you so much. meteorologist mike nicco head with the forecast. >> a pretty picture of the bay to show you and also at&t park where i'll have your warm forecast for our first-place

giants and we'll talk about a cooling trend in the seven-day forecast. >> the oakland raiders sit down with bay area high school students. the topic? steroids. and... ♪ i need love, love to ease my mind. ♪ >> bristol the pistol. mom sarah palin and what she thought about her daughter's big night. were prese i want you to >>@2

our state is in a real mess. and i'm not going to give you any phony plans or snappy slogans that don't go anywhere. we have to make some tough decisions. we have to live within our means. we have got to take the power from the state capitol and move it down to the local level, closer to the people. and no new taxes, without voter approval. we have got to pull together not as republicans or as democrats but as californians first. at this stage in my life, i'm prepared to do exactly that.

♪

i need love, love, to ease my mind. ♪ >> bristol palin had her biggest fans in the audience when she danced the quick step on last night's "dancing with the stars." proud mom sarah palin and sister piper cheered loudly from the side lines. palin called her daughter bristol the pistol. she praised all the dancers and the show's three judges. so what does the former vice presidential candidate think it's going to take to win. >> my goodness. it's gotta be the personality shown out there that needs to shine on through. >> bristol scored 22 points out of 30. jennifer gray topped the leader board with the most points and at the bottom singer michael bolton. you can watch tonight's show at 9 p.m. abc 7. >> the show is so -- >> i love it! >> michael nicco having fun

checking those temperatures. >> hot already. talking nearing records in some areas as we speak and it's only 11:20. only a couple more hours of warming to go. emeryville back at some visitors. cruise ship there as we look back to san francisco. selling t-shirts down pier 39. not sweatshirts today. talk about those temperatures. half moon bay. one more shot of santa cruz at the boardwalk. yeah, i bet that's going to get rather busy later on as we try to stay cool there, too as temperatures near the mid-90s once again. the sea breeze, a little is kicking i have at half moon bay at 64. mid to upper 70s san rafael and redwood city. low to mid-80s and upper 80s concord and fairfield. around the monterey bay, 79, santa cruz. monterey 73. today could be hotter than yesterday. it will be sunny and hot and poor air quality, just all three of them out there for the second day in a row.

clear tonight. maybe not as warm as this morning. watching the sea breeze that's going to develop late this afternoon. relief from the heat tomorrow morning and especially tomorrow afternoon. 93 san francisco again, oakland 91. that's two degrees cooler. san jose, that's one degree cooler. you won't notice concord and fremont 1, 2 and 3 degrees warmer. mid to upper 90s. where you see that astesk, that's where we'll set a record high today. pretty much mid to upper 90s throughout the peninsula. low to mid-70s down the coast, downtown. the sea breeze isn't going to make it in time to keep you the mid-80s to upper 80s. beaches, low 70s for you. richmond and berkeley upper 80s. low to mid-90s the rest of the east bay shore. other than walnut creek and dublin 98. 100s all over the east bay valleys. 98 watsonville and 78 monterey. around the state hot again but look at that cooling trend in l.a. not 113 today.

101. think they'll notice a 12-degree difference. here at home got a game. it's going to be warm. temperatures low 80s, upper 70s at&t park. drop to 70 for your first place giants. accu-weather seven-day forecast. that sea breeze to really affect the coast bay tomorrow. to a lesser extent wednesday. friday and saturday temperatures closer to average which is low to mid-80s inland, mid-70s the bay, near 60s at the coast. >> thank goodness. i think people can only handle a couple of days. still like the cool. >> same with me. thanks, mike. >> thanks very much. all right. perfect day for ice cream. ben and jerries's cream is no longer calling itself all natural. they will soon drop that phrase from its labels after a health advocacy group called it misleading. said the ice cream maker should not use an all natural label if they use corn syrup and ingredients that aren't natural.

they're changing the label but not any recipes. alerting young people to the dangers of steroids. one hundred high school students are attending with the raiders the harmful effects of steroids and proper training techniques that can help them achieve the same goals. >> these are pure-based programs that are designed to ingender peer pressure do the right thing and uses alternatives such as sports nutrition and state of the art exercise training to get athletes what they want. to be as good an athlete as they can be. >> this is the second straight year the raiders have hosted this event. coaches and players including linebacker sam williams who grew up in the east bay are among the participants. >> coming up next, four women run their way into the record books. in high heel style! 

>> today on oprah at 4:00, bay area author terry mcmill lynn opens up about their breakup. new efforts underway about securing the release of the two american hikers still imprisoned in iran. plus the latest on any outcome from today's legal proceedings on the state execution scheduled for thursday night. >> four australian women set a world record for the fastest

relay race in stiletto heels. yes, 3-inch heels. >> known as the pinketts, they finished a 100 meter course in about an hour and 4 seconds yesterday. >> a record keeper from the guinness world records confirmed the record and presented them with a certificate. the race helped raise money for breast cancer. >> an awful lot of us do that in heels every day. (laughter) >> mike? >> thanks a lot! how'd you know! >> thank you.

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