♪ oakland police chief anthony batts confirms to abc 7 news this morning that he's in the running for another job. after a little more than a year heading up oakland's police force, batts is the finist for a new police chief in san jose. amy holyfield is live in oakland with the story. >> he didn't spend a lot of time talking about this, eric, but he did confirm he is a finalist for the job in san jose but didn't say whether he'll accept it if he receives an offer. >> i am one of two applicants, and they haven't made a choice. there's nothing much to talk about. at this point in time i'm chief

of police in oakland and that's what i continue to do. >> the san jose police department recruited him just as the oakland police department lured him away from long beach in 2009. the new oakland mayor jean quan tells us she was surprised when he told her he was applying for the job. >> i hope he decides to play. i'd like to have the continuity but i guess it's better at the beginning than halfway through some of the projects. >> larry reid isn't happy about the news and points out chief batts signed a three-year contract. >> remind him what he said and the reason for him coming here and hope i can appeal to him in that sense. >> but mayor quan says the contract only stimulates the chief gives notice before he departs for another job. chief batts has had a tough time dealing are leaders.

the chief kept insisting he needed more officers, not less. mayor quan is also an advocate of having officers pay 9% of their paycheck to their pension, an idea not popular with the rank and file. we asked her if she thought any of this was a factor. >> you have to ask him. he obviously made this decision october so it was before the election but after the cuts. you'll have to ask him. >> my bosses do a good job. they have a tough job and i appreciate the things they do. >> that's all he would say. san jose city manager is also considering a veteran in the san jose police department, chris moore. he's currently serving as the interim chief. the manager is expected to make a decision in the next few weeks. amy holyfield, abc 7 news. >> amy, thank you very much. other news, apple ceo steve jobs announced today he's taking another medical leave of absence to focus on his health. jobs says he'll continue as the company's ceo and be involved in all major decisions but asked

tim cook the chief operating officer to be responsible for day-to-day operations. news of the leave sent apple stock into a dive overseas. markets here are closed for the martin luther king holiday. he was diagnosed with pancreatic cancer in 2004 and he had a liver transplant in 2009. jobs' leave creates a risk for the company. >> without steve jobs, apple is a much different company. he really gets into the details how things work and he makes sure those products meet his expectations. apple can emulate that without him but it's impossible to replicate. >> in a memo he said to employees today, jobs says "i love apple and hope to be back as soon as i can. in the meantime my family and i would deeply appreciate respect for sour privacy."

police are talking to potential witnesses of a shooting that killed one man. east of bancroft avenue before 3:30 this morning, they found a 24-year-old san leandro man shot and lying in the street. they found a second possible victim a few blocks away. he was not hurt. he had a bullet hole through the hood of his sweatshirt. one of two drivers are being looked for in a pedestrian accident that killed a woman and dog. she was hit by a car last night driven by a 17-year-old boy. he stopped to check on the victim. the woman was then hit by a second car which drove off. police say the second driver was a man driving dark-colored four-door sedan with a hatchback. caltrain's running on time again after a train hit a pedestrian on the tracks this morning. a spokeswoman says the man intentionally got on the northbound tracks in burlingame

just before 6:30 this morning. this all happened near the oak grove each pedestrian crossing. investigators believe it was a suicide. doctors have successfully performed a surgery on representative gabrielle giffords eye socket to remove bone fragments and there were no complications. her husband is speaking publicly for the first time about his wife's miraculous recovery. in an exclusive interview with diane sawyer, she said gabby is responding to commands and one instance reached out of gave him a neck rub. >> nine days after she was shot we may know today if gabrielle giffords can speak. she is breathing on her own and her condition has been upgraded from critical to serious after doctors removed a breathing tube that went down her throat.

>> if she's more awoke, they can participate in her care and physical thera. >> there are two other shootings that remain in the hospital, some reunited for the first time in a town hall. kenneth shielded his wife from gunshots. >> my arm was hit with a bullet and i felt that pain. but i kept her down and i just waited for the next one because i really thought that was gonna be it. >> federal authorities are reportedly planning to move the trial of jared loughner to san diego because of the extensive publicity in arizona. in an interview to air tuesday night, giffords' husband was asked what he would say if jared loughner's parents asked to see him. >> i'd probably see him. i'd like to think i'm a person that's somewhat forgiving. they've got to be hurting in this situation as much as anybody. >> the torture of students -- >> abc news obtained this video shot of loughner last fall as he walked through his community

campus. the four-minute monologue prompted school officials to suspend him. >> his state of mind obviously is completely separated from reality. >> for his own safety, jared loughner is being kept away from other prisoners. he spends about 23 hours a day alone in his cell. he gets about an hour a day to shower and exercise. abc news, new york. >> you can watch diane sawyer's exclusive interview with mark kellie tomorrow night on 20/20. the congresswoman and an astronaut, the american story of love and strength. it airs at 10 p.m.. the same weather pattern that created our foggy morning is behind our spare the air day alert today. this is a live picture from mount tam looking down towards the whipped cream topping there. mike is in the weather center with more. >> spills into the ocean where it dills appears because the winds are out of the north. we get an easterly wind over the

land and that's why we're pulling all that tulie fog in and why it's so foggy this morning. good morning to you. we're still at dense fog criteria but the national weather says still a quarter mile in livermore, oakland, novato, santa rosa, mountain view, half mile and san jose and hayward. we're a 16th of a mile at sfo with flight arrival delays so check out our flight tracker at abc7news.com. some may not see sunshine at all. the poorest air quality will pull up in the inland valleys of the east bay and the santa clara valley. everyone else will have moderate amounts but still everyone under a spare the air until midnight. you get caught twice, about 400 bucks. >> you can take a look at the fog behind me. it's midday. look how dark in the embarcadero. >> president obama and first lady michelle honor the legacy of martin luther king jr. their message to the nation is

straight ahead. san event that may be among the last in the nation. the federal

>> the father of former california first lady maria shriver is at a maryland hospital this morning. a family spokesman said that 95-year-old sergeant shriver is in critical condition. the former peace corp. director

announced in 2003 that he had alzheimer's disease. his wife and special olympics founder eunice kennedy died in 2009 at the age of 88. president obama remind they can help the healing process while honoring martin luther king jr.'s legacy by performing community service. the president and first family took part in a painting project on a school on capitol hill. they painted characters to promote healthy eating. >> this is an outstanding program, an example of what martin luther king's birthday should be all about. i want to thank all the mentors -- >> the civil rights leader was 39 when james earl ray shot him to death in 1968. dr. king would have turned 82

years old this year. ♪ >> back here in the bay area, hundreds honor dr. king's legacy by riding the annual freedom train between san jose and san francisco. the tradition started 27 years ago as a way to remember king's historic march in alabama from selma to montgomery in 1965. the train covers 54 miles along caltrain's tracks. that equals the same number of miles between selma and montgomery. >> his birthday, you know. he did a lot for us, our freedom, our civil rights. gave us our rights. >> freedom train riders can join san francisco's annual martin luther king jr. parade once it arrives at 4th and king street. this happens to be one of the nation's last freedom trains. many others have stopped running because of the economy and money troubles. everyone's being urged to use the king holiday as a day to

volunteer. we have a number of opportunities and events listed on our website. just go to abc7news.com. there are reports this morning that former vice presidential and the presidential candidate john mccain is being investigated by a federal grand jury. the grand jury wants to know if campaign funds were illegally used to keep edwards' pregnant mistress in hiding while he ran for president. investigators also want to know how much edwards knew about the money and where it came from. edwards wife elizabeth died of cancer last year. he wards covered specifics when he did say we do not believe there was evidence john has violated any election laws. mike is here ahead with the forecast. yes, still foggy out there. >> going to take a while, especially the inland valleys or areas. trying to do the old drift

thing. a look at some of those clouds we were talking about. those will be the last ones to move. we could see a repeat tonight. where this will top and where we'll see temperatures near 70s ins forecast. >> looking forward to that. a social network gets some new golden friends. the big winners from last night's show and the actor who got an emotional standing ovation. >> the latest buzz on the royal wedding between prince william and kate middleton. how you can celebrate the couple without an invite to the big event.

the golden globe goes to... social network. (cheers and applause) >> the social network won top honors at the golden globes last

night taking home four trophies including best drama and best director. the big wins mean the movie how palo alto facebook.com came to be is now a clear academy awards favorite. other big winners colin firth who won in the drama for his role in the king's speech. natalie portman won for her role in black swan. leading acting honors went to annette benning for the lesbian family stories the kids are all right and paul gee manny's in barney's vision. >> just gotta be an easier way to get a standing ovation. (laughter) >> one of the night's most emotional moments came when michael douglas took the stage to a standing ovation from the crowd. this after the actor recently announced he's beaten throat cancer after rigorous chemotherapy and radiation. it's good to hear. you see the fog behind me out

there. we have word san jose international airport has already cancelled a dozen flights today because of the visibility problems from this fog. >> and if it happens again tomorrow, we may have cancelled flights tomorrow, too. the way it looks in san jose. as we look at all the fog that is hanging out in the city there, and that's one of the reasons why they're having such problems. visibility there just as poor as they are just about anywhere else. somewhere we're they're not having fog. my goodness! look how beautiful in heavenly and lake tahoe today. those folks enjoying watching us from there, get out on the slopes. enjoy that. that's great. looks fantastic. wear the sunscreen, especially up in the mountains. let's take a look at the clouds still hangin' around the bay through the communities into the east bay valleys and even some hanging out around the coast. that is starting to be pushed away. that's why half moon bay is 59.

upper 40s to near 50 around the bay with upper 40s inland. so if we can just get rid of this fog, this is what would happen. look at low to mid-60s santa cruz, watsonville, salinas. 67 monterey bay but gilroy just getting out of the fog and 55. so a warm day awaits us. it will probably be tempered by the hazy sunshine. poor air quality, also. don't forget about that. dense fog will form again tonight. the extended looks dry if the storm track stays to the north. pretty mild even without the sunshine or the haziness of it. livermore and san francisco spot on. napa, oakland all about 1 to 4 degrees warmer. upper 50s to low 60 today down in the south bay as you head up to the peninsula, pretty much the same type of temperatures there. warmer spots upper 50s downtown in south san francisco. the north bay valleys, you can see widpread 50s.

that's where the fog will linger the longest, novato, san jose, napa and vallejo. everybody else the lower to mid-60s. upper 50s to near 60 here but cooler in the east bay valleys because the tulie fog is a little harder to get rid of. mid to upper 50s for you. monterey bay and inland. mid to upper 60s. that's what the lack of fog does. 54 with all that sunshine south. look at l.a., 80 today. palm springs 87 degrees. that will probably be the warmest spot in the country. tonight look at the fog, low to mid-40s inwetland and out to the coast. watching an area, very dominant area of high pressure. look how it's pushed the storm track well to the north. all the energy up there will spread rain into washington and oregon and leave us high and dry for the next seven days. i think the fog fades a little quicker tomorrow. could get near 70s around parts of the bay. low to mid-60s without fog in the morning wednesday, thursday and friday. a little cooler saturday and

sunday but still dry. >> thank you, mike. thank you very much. in britain the latest buzz on prince william and kate middleton's wedding is who is designing the wedding dress. here's nick watt. >> has fashion plate kate decided who will design the dress of the year, her wedding gown. looks like a favorite of princess diana. he and william spent an hour at his store last week. the first william giving kate diana's ring. >> this is my wife. >> and once married, where will they live, buckingham palace with grandma. apparently she has offered but will the queen love to hear wailing babies. >> we want a family. we have to stop in here a lot. >> so they'll be looking at a home they can make a family home. i really do think kensington palace is going to be the best place for that.

>> and, of course, diana's cold, misplaced home. she lived at kensington palace after her separation from prince charles. >> it's near some of the couple's favorite night stops. >> we know kate loves shopping in kensington. >> but they don't want any wedding gifts. no toaster ovens, his and her bath robes. they'll give the gifts to charity. >> they would father rather the causes close to their heart benefit from people's generosity because they say they have everything they need. >> but william has two major hurdles before he makes it to the altar. prince harry is planning we hear two bachelor parties, one in london, one capetown. good luck, william. you'll need it. abc news, london. >> well, if you're not invited to kate and william's wedding, don't worry for a price fans and romantics can follow the couple's footsteps on a london walking tour for $24.

lead you on a tour of sites with links from the royal couple including westminster abby where the couple will marry april 29th. up next the surprise