johannes mehserle quietly left a los angeles county jail early this morning after serving 11 months for killing oscar grant. >> we have team coverage and amy hollyfield in oakland but let's begin with laura anthony outside the jail. >> johannes mehserle spent at the los angeles county jail.

he was released in the middle of the night. >> one minute after midnight he was released from the los angeles county jail. former bart police officer did not walk out the front door but rather was out the back way with a police escort. mez messes's attorney talked to radio. >> extraordinary measures were taken to get out of l.a. county safely. he is with his family and we're trying to keep on the level of interest in the bay area. we are hoping we can return here and get employment and don't live in the bay area for the rest of his life. >> a jury convicted him in the shooting death of oscar grant. >> disappointment again in the criminal justice system. >> grant's uncle waited at the jail hoping to see his release

but he did not. >> we heard the helicopters and police cars fleeing off it was an assumption it was like he was getting ready to come out. five, ten minutes later i received a phone call that a change in his status just occurred and that he had been released. >> later he joined a los angeles contingent for a rally at the courthouse where he was convicted. there he played for us the automated phone message notifying the grant family of mehserle's release. >> i'm calling to tell you there has been a change in the custody status. he said that recorded message came in about 20 minutes after johannes mehserle was long gone from the jail here.

we are hoerld told by his attorney he is with his family. he wants very much in northern california, get a job and go on with his life in relative obscurity. >> amy hollyfield is in oakland where the streets are quiet despite outrage over his release. that's right. there are signs out theory that something could happen. foot locker is boarded up. this store had the windows bashed in last time. but most stores are open and no problems have been reported. >> it looks like a typical monday morning in downtown oakland much to the relief of those that live and work here. some were afraid to come out when they heard people were protesting the release of johannes mehserle from jail. >> i wasn't even aund i decided to view it from afar.

sunday, protests were passionate but never got out of hand as demonstrators marched to city hall. they believe mehserle got off easy for the shooting death of oscar grant. >> a crime was committed but it was never paid for. this needs to stop and the only way it's going stop is if we stand altogether. >> they believe he served exactly the same amount of time as anyone else. he is remorseful about what they called a horrible accident. >> he is out less than a year after his conviction. this shows the lack of account built that we face in oakland. >> even though mehserle has served his time, this is not the last you will hear of the oscar grant case. demonstrators filed a lawsuit today against the oakland police department claiming their rights

were violated as they protested the mehserle verdict. >> we were transported by jail buses, i was held on cuffs for hours at the oakland jail before being put into a jail cell. it was inadequate facilities. we were held in custody for nearly 24 hours. >> he says he was never charged. 150 people are part of this lawsuit. oakland police department did not return my calls or my e-mails asking for a response to this lawsuit. as for those involved with the oscar grant coalition, they say they are not finished drearmg and will have a meet, they are not finished demonstrating and protesting. >> a hearing is taking place aimed at the judge ruled last year that proposition 8 is an unconstitutional of gay rights. supporters of gay marriage want

the judge's decision, they say she should have disclosed his relationship with another man. >> tough questioning this morning from both sides from the judge in this case. as you mention the same-sex marriage is on right now here at the federal courthouse and we are here because of what a former judge said. now that retired judge is vaughn walker you may remember last year that prop 8 the same-sex marriage ban he ruled it's unconstitutional. he retired and he later revealed he was in a ten-year gay relationship. they staged a rally outside the courthouse saying it's going to be another battle today in their fight for equality and what is happening today an attack on a judge. >> the opponents of prop 8, they lost on every count.

they know they lost. guess what they are doing, we lost because the judge is gay. that is what this is about. >> the other side in this case those against same-sex marriage argue that judge walker may benefit personally from this ruling he made last year. legal amp thist says it calls into question each judge has personal experiences that they bring to each cases. >> the answer to the judge's questions would be same sex cases could only be decided by heterosexuals and other cases could only be decided by men -- this is one that any judge wants to step on. >> opponents are demanding the judge toss out on walker's ruling and they sned a statement. at minimum, judge walker should

have revealed his ten-year relationship because he stood to benefit from the outcome. his failure to rerelationship taints the results. the debate continues on into the sending hour. we are not sure whether or not judge ware will make a decision or not but a lot of people, they had so many people they had to open up a second room to accommodate the huge crowd. in sacramento, governor brown wrapped up a meeting with business leaders to discuss budget issues. if they don't reach a compromise today the legislature will miss wednesday's to pass a spending plan. brown met with lawmakers but failed to get support for a special election that his budget depends on. >> the cuts have been made, the realignment is well underway and

what is missing now are the extensions on a temporary basis of taxes that people have been paying for the last few years. >> a temporary income tax increase in vehicle license fee hike expire at the end of month. under a voter approved measure he will dock lawmakers' pay for every day it's late. >> an arbitrator is expected to rule on threeyear contracted for muni drivers after they rejected the deal they had negotiated. this is the first time the operators wages and benefits were open to wide ranging negotiations after the voters approved proposition "g" back in november. one change, drivers are no longer guaranteed the second highest wages in the nation. the union has filed lawsuits against that in federal and state courts. >> a popular restaurant change filed for bankruptcy. >> plus, a world war ii bomber

plane splits in half and crash landing. how did everyone get out alive. >> and white house makes the first comments about anthony we were's sexting sca

take a look. a vintage world war ii aircraft burst into flames in illinois.

all three people spread before the fire spread. the pilot of b-17 reported a fire on board and he tried to return to the airport but couldn't make it back and that is when he decided to land in the cornfield. >> big surprise for people heading to restaurant this morning. several shut down because the company filed for bankruptcy. >> carlos and alfonso has worked for years at marie calendar's. making pies and as of today they are no longer employed. >> what does that mean for you? >> i don't know. >> what happened is that the restaurant and corporation partner filed for chapter 11

bankruptcy. bloomberg news reports the ceo warned of the corporation's struggle back in november. blaming sluggish consumer spending and increased commodity costs. products like sugar, eggs and coffee have been rising. at least 13 marie calendar's have closed. santa rosa, walnut creek, hayward and daly city. in all, 65 restaurants have closed nationwide leaving 2500 people out of work. >> right now it's closing. >> no one from headquarters returned our calls or e-mails. >> we have just received a statement from a spokesperson. closing the restaurant is always

an extremely difficult decision to make. we are grateful to the customers and employees for their work over the years. >> republicans prepare for their first debate in new hampshire. final preparations, this time lapse shows the setup in te college. first time that mitt romney will share a stage with his challengers. recent polls say romney is the current front-runner to the presidential nomination. >> white house issued a first response to the congressman anthony weiner controversy. he says it's been inappropriate and distraction and wouldn't say whether the president believes he should resign. meantime, they poked fun at the scandal during a commencement speech yesterday. >> my name looks like beaner, bonner, boner. [ laughter ] >> thank god it's not weiner. [ laughter ]

>> new trouble developed over weiner when they posted photos shirtless with a covering certain parts of his body. the photos may have been taken in gym and was sent to an online location to at least one woman. he announced he was entering an unspecified program and taking a leave of absence from congress. >> meteorologist mike nicco has the forecast. >> great time to be outside. let's go there right now. looking down from mount tamalpais, from the finger of fog and we'll see a significant warming trend. we'll show you when the 90s will get to your neighborhood. >> and new incident that could give america's cup raises new respect. >> and california girl survives

rabies without the rabies vaccine. her remarkable recovery next.

oracle racing treatment is pushing to extreme as they prepare to host the yacht race in the bay area. they were checking out a new training boat for the first time

and suddenly, watch this, the catamaran rises up out the water and very nearly capsizes. it took a moment for it to come back down. nobody was hurt but 34th america's cup race takes place in september of 2013. >> he was hanging on for dear life. >> you must respect the bay. >> you never know. >> it's crazy. >> looks like crazy. >> and having fun outside when it's warm. it's 11:20 and westbound from emeryville this morning, clouds still hanging around the coast. if we were to pan through the right you see the fog moving towards berkeley. that is what is left of the morning marine layer clouds. here we are looking at financial district and it looks pretty

clear over san francisco. different perspective and more typical summer type winds and it will take a little longer for it to get out of bay. an patchy sunshine developing and still in the mid-50s at half moon bay. upper 50s in san francisco and oakland low to mid-50s through the bay shore and a lot of low to mid-70s as you head inland. monterey bay, about 50-degree mark with monterey and santa cruz. mid 50s to low 70s for watsonville to gilroy. warming trend that we saw yesterday continues today with a lot of sunshine. few coastal clouds but should be clear. without the clouds tomorrow and also winds will be the two warmest days of the forecast. cooler but dry and sunny this weekend. 24-hour temperature change, everybody on the positive side. fremont and oakland about six degrees warmer.

san francisco and santa rosa, 7 degrees warmer. dublin, 79. everybody else in the low to mid-80s. low to mid-70s on the east bay shore with san leandro, around 74. same thing with mipitas all way to 80 in los gatos. low to mid-50s along the coast. upper 50s around downtown san francisco. north bay, 72 to sausalito to 81 in santa rosa. low to mid-50s in your beaches and mid-50s around monterey and carmel with sunshine. everybody else in the mid-70s with more sunshine. as you head inland, gilroy in the low 80s. look at the warm weather in the central valley, low to mid 90s. that is what is going to be creeping our way the next couple of days. 103 the warm spot in palm springs. for tonight, clouds mainly along the coast. drizzle out over the ocean. rest of us will be low to mid-50s. watching the storm system push to our north, not much of a factor in our weather but high

pressure i'm standing in front of, that is going come in and bring us the warm weather the next two days. let's show you the 90s inland. we'll have them tomorrow and wednesday with low to mid-80s around the mai bay and low to mid-50s around the coast. by the time weekend starts, friday, saturday and sunday, temperatures will drop about 8-12 degrees. >> thank you very much. >> next story, just like a miracle. doctors may let an 8-year-old girl go home next week as she is one of three that survived rabies without the vaccine. she was hospitalized may 1st unable to move or even swallow. look at her now. doctors had to put her in a coma. they did not give her the vaccine because they thought it was too late. otherwise she is just fine. that is amazing.

that is amazing. >> we'll be right back. honey...? [ mom ] yes. honey, i can't find my internet cord. oh, i'll borrow hailey's. you're downloading movies. fast! from here? where is her cord?! we switched to at&t high speed internet and got wireless access. no more cords. wireless, okay, honestly, can i just get a cord, please? dad, the cord's invisible. [ female announcer ] call at&t today to get high speed internet for just $14.95 a month for 12 months with select services and a 1-year price guarantee.

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today as 3:00 on 7 live a talk with deepak chopra and at 5:00, michael finney, how you can use facebook to makes things better to make a connection.

what you think about in your room. >> and maybe our dog can read our mind. >> for all of us, thanks for joining us. >> "who wants to be a