good morning, i'm cheryl jennings. >> and i'm kristen sze. >> a san jose police officer will soon appear in court. patrick durego has to answer to the charge of having sex with boys. er terrify is live.

>> reporter: he will be a i rained here in santa clara county. he was campus police officer at leland high school in san jose and how has been arrested allegedly molesting two boys, 15 and 17. a spokesperson says there were no on robs with him. gill low police say they have been investigating him two years finally a witness came forward that led to the indictment yesterday. he was arrested when he came to work at san jose pd. he is 17 year veteran, actually fired in 2008 for trying to cover up a fellow officer's drunk driving crash. he was reinstated last year. san jose police said they knew of the investigation but nothing had been proven. they had to let him back on the

force. >> a lot of time the investigation is initiated but there may be various reasons and the legality so unless we have information otherwise we're not able to place an officer on leave or terminate his employment. >> where does the investigating from here? >> it will be handed to the santa clara district attorney's office. we before working close with them and we're moving closely to the prosecution phase of the case. >> they are getting out the word about this officer. they are concerned there may be other victims. if you are one, they would like you to come forward. we talked to a neighbor, one person didn't know he was. nothing unusual, no loud parties nothing to attract attention. he posted $100,000 bail very early this morning and he is out of santa clara county jail and

he is expected to make it for his arraignment tomorrow morning at 10:30. meanwhile, san jose police have released a new picture of a suspect wanted for murder. they believe he killed irma campos in a domestic dispute. he is homeless and spends time in the san jose area. in the last week there has been a murder and two fires at the same home. it happened early sunday morning. if you have information on the fires or know where juan martinez is, you are asked to call san jose police. >> officials are warning to watch out this weekend for dangerous waves. they searched for a swimmer that disappeared in a rip current. officials are reporting an increase in refuse use left

along the coast all along the california coast. it's generated by a winter on storm off of new zealand. meteorologist mike nicco is going to have more for us on this surf warning. mike? >> here is a look at it. you can see down in southern california, all those areas shaded in blue, that is where the high surf advisory and that is where the waves are going to be worse. this is until 5:00 tomorrow afternoon. we will get some of the waves but not nearly as dangerous as down here. we do have pretty warm weather and you want to go to the coast but you have to be careful because we'll have dangerous rip currents have currents due to the high waves. the worst of it will be down south. right now a wildlife rescue group is trying to rescue ducks that someone is shooting with blowgun darts.

they took the picture of ducks shot through their faces, four or five have been spotted and at least one have died. they hang out at an apartment complex? santa clara. crews will try to get them out of the water. using a blowgun is illegal in california and shooting did you gos without a license violates federal law. >> it's a crisis for abandoned dogs in san francisco that is so big says the animal control service can't take any more dogs right now. what is the reason for the overcrowding? >> i did talk to the deputy direct of the animal control center here and she says they believe the full kennels of dog says linked to a tough economy. >> bindy is one of the dogs available for adoption. deputy director says they have

taken in 25 dogs each month compared to last year. it's likely because of a tough economy. >> it has to do with saturation and it cost money to adopt a dog and to care for it appropriately. >> along with holding off on surrendering a dog, they are hoping if people find strays, they can care for them for the time being. in an effort to clear out space in the dog kennels, pet adoption prices have been cut in half. >> through september 12th and that is just for dogs, 50% off on our adoption fee. hopefully by then, hopefully with this kind of impact and the coverage we can get some relief over the weekend. >> now within the last few minutes i did see a woman leaving with two dogs so that is

good news for those two chihuahuas. if you are looking to pick one up, adoption hours starts at noon every day and runs until about 6:00, six days a week. caltrain is set to select a missouri company to operate the rail line but it did not submit the lowest bid for the job. executives are expected to sign the five-year deal with transit america even though company submitted a bid that would cost the company $24 million less but the caltrain said they made the choice based on what is the best overall offer not just price alone. >> a different offer, amazon.com has a deal for california, the online retailer says it will bring 7,000 new jobs to the state if the state legislature

will temporarily exempt the retail frer a new law requiring to them collect sales tax. they wanted a two-year delay to give congress time to pass a national law. the company said it would stop a ballot initiative. they have made similar deals with other states. they are refusing to collect the tax and cut off ties with california affiliates. >> and the sharp toothed residents at the monterey bay aquarium. >> a once in a lifetime shot with $50,000, why the boy who made it won't see a dime. >> and new warning from moammar khadafy, a mentioning he has with loyalists and rebels hoping to catch him.

moammar khadafy may be hiding but he is not staying quiet. an audio message appeared on syrian tv today vowing not to surrender. >> we are not cowards. libyan people are brave. >> the message is seeing as blow to rebel forces that had hoped for a peaceful surrender. they gave the town until sort surrender and they have extended

deadline for a week. >> a stunning milestone in iraq, august is the first month since the 2003 led invasion of the iraq begin that no american forces have died. according to the associated press not a single serviceman or woman were was killed in iraq last month either in combat or non-combat situation. >> batch mastering is in a recall. consumer product safety commissions the jell can ignite unexpectedly and spatter in a burning pot. the company says 65 people have been burned, more than half suffered second and third-degree burns. two people have died from their injuries. >> the risk is a tip overs, we have some explosion, a suggestion where it was poured into the flames and splashes on the clothing on the person. shirt can catch on fire and the

flame is not readily seen. >> customers should stop using that fuelll immediately. for a complete listing to tvtv. >> it was the shot seen around the world. the incredible hockey shot whether he'll get the $50,000. nate smith of minnesota slapped a puck through a tiny hole. his twin brother was the one won the raffle but he is not back so nate took and made it. the next day he told organizers about the swap. insurance company has now decided not to award them the $50,000 prize money but will donate $20,000 to youth hockey in the boy's name. >> it's a win-win.

>> a win-win if you like summer. it's september and shows up this time of the year. we'll talk about how high the temperatures will go and how warm it will be at the beaches before you step in the water. >> thanks a lot. venus williams opens up about her illness after suddenly withdrawing from the u.s. open. marc anthony speaks out his split from jennifer lopez, why his marriage is ending and what he thinks about his superstar wife. @

great white shark that was caught in the waters off of southern california is on display at the monterey bay aquarium. officials say the four-foot seven inch male was transferred from malibu and put in the open sea exhibit last night. this is the fifth great white shark put on display in monterey bay. all have been returned to their habitat. we do have a link on our website at abc7news.com under see it on tv. >> and feeding time, something to watch when they feed them.

that would be awesome to watch. >> we are off to a good start on labor day holiday. >> it's going to be warm even at the beaches will. they turn a little bit warmer and the only problem is those rip currents and large southerly swells. here is a look from mount familiar contaminate. that is haze that you are seeing due to a little bit of pollution and humidity in the air and a little bit of fog but most of it is haze. look at san jose looking bright and beautiful this morning at about 11:19. you can see the clouds erasing from the coast. noticeable can you recall right off the coast which will continue our offshore wind and warming trend will make it on to the beaches. you can tell where its been, sunny the most so far. fairfield, 82 degrees and 50s

around the bay. 59 at half moon bay but you can see the sunshine developing. upper 50s to low 60s. assassin and warm next three days. that goes all the way out to the coast. it will be clear and comfortable at night. the heat will start to taper as we head through the holiday weekend but i think it will be pretty seasonal with warm temperatures during the afternoon hours. look at the jump today, san jose 5, fremont 7. concord, san francisco and santa rosa, how does it compare to average, redwood city is right on. napa 2. oakland 3, livermore and san francisco five degrees warmer than average. today is just the beginning of the warming trend. over in the east bay valleys, warmest weather everybody in the low to mid 90s. dublin close at 89.

heck close castro valley, mid to upper 70s. mid to upper 80s in south bay even in 90 in los gatos. sunshine in san jose, should be upper 70s today. mid-60s to even a 70 along the coast in daly city. mid aoe79s for downtown south san francisco. upper 70s in sausalito and mostly we'll have low to mid-80s in the valleys. mid to upper 50s at your beaches. monterey, cloudy about 57 but 74 in santa cruz and near 90 for gilroy and hollister. more from the central valley, mid 90s to about 74 in tahoe and 80 in l.a. i wanted to show you how cool it will be, keep the windows on open and back in the 50s in most areas. tomorrow is the hottest day of the forecast, sunday you can see the cooling kind of hit the beaches and then monday and tuesday it moves inland a little bit but we never drop that much.

an extended period of pretty warm air. venus williams says she can't wait to get back on the court. she suddenly withdraw from the u.s. championships in new york. she said in an interview she discloses she has a syndrome, autoimmune disease that causes joint pain and fatigue. >> i would miss shots by feet and i couldn't feel my hands and my hands would hurt when i was playing. and swelling and fatigue which is really debilitating. >> there is no cure for it but there are drugs that treat the symptoms. she says she started to notice them about four years ago. she is feeling positive and getting back on the court and being able to at least get back to normal. >> marc anthony is talking about his break-up with jennifer lopez

in an exclusive interview he denies reports about having affairs. they have three-year-old twins. he was never jealous of his wife's success and wanted nothing for the best for her. >> what can you tell us what went wrong in the marriage? >> i can tell you, it was relation on both our parts. these things happen. these things happen. >> you can watch the entire interview tonight on "nightline" at 11:35. >> and we're going to see what is happening around the bay this labor day weekend in what's hot. >> stay with us. ♪ [ female announcer ] there's no right way or wrong way. every baby plays by his own rules.

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today at 3:00, simple wine and food pairings and then michael finney test the variety of car waxs and what is behind the rise in strokes in adults and adolescents.

those stories at 4:00 and 5:00. >> michael bolivar performs this weekend. >> don sanchez has what's hot. >> sausalito art festival is the crown jewel of labor day weekend. a showcase of more than 20,000 works of art all-star bands on sausalito's waterfront. >> rita morena has won them all. she tells about it life without makeup. a world premiere at berkeley rep. ♪ >> michael bolton superstar, singer brings a night of memorable songs to the wells fargo center in santa rosa on saturday. jane austin classic sense and sense built. true love can have secrets. new production from theater works in the center for performing arts.

[ bag pipes playing ] >> scottish high land games bring back nearly 150 years of tradition. at alameda county fairgrounds. millbrae art and wine festival filling downtown also the weekend for walnut creek's family fest at heather park. >> blues and jazz with party marin city, music, food, arts and classic car show. too much to do. >> and how is the weather going to be? >> it's going to be great to no matter where you are going. it's september in the bay area, warm weather and especially warm weather will be inland, today, tomorrow and saturday. cooling hits the coast on sunday. works into the bay and inland by

monday. looks like we'll stay seasonal if not warmer than average even next week. >> so get lots of sunscreen. >> thanks for joining us today. >> who wants to be a million air is