good morning i'm cheryl jennings. >> i'm eric thomas. heroic rescue caught on video. two bill could be released from the hospital hours after firefighters rescued them from their burning hope. katie mar sue slow live with more. >> reporter: -- they are all smiles over at the contra costa fire department station 6 morning. the crew was joeled out of bed at 1:30 to go on what turned out to be a safe hraoeufrg call. -- the rescue was captured on a firefighter's helmet cam.

>> reporter: 1:30 this morning two firefighters ended a burning home in concord. -- two women were inside quickly being overcome by smoke. >> once we heard her and located her it was easier to find the second victim in the bed under the covers. >> reporter: the woman in bed had recent leg surgery and couldn't walk. the other woman was her caretaker. >> we could hear them hollering which is intense but you know they are conscious. >> reporter: awake but terrified. >> that environment was tenable for us. we have our masks, air, coats and helmets. for her, not so much. >> for me to communicate through my mask, i have you, you are safe. we are going this way. >> reporter: the women were safely outside within 90 seconds. firefighting efforts then began.

after 13 years on-the-job, this was a first for engineer chris. >> i've been on fires where the victims aren't so fortunate especially this time of the night. >> all the badx4ú2 days you ha, this makes it worth it. >> reporter: both fire officials and a friend on the scene confirmed that the women are fine. they suffered minor smoke inhalation. as for the cause, at this point it appears to be an electrical malfunction in the attic. katie marzullo, abc7 news. >> what an amazing story. san jose district attorney just announced the decision on whether he will reopen a controversial rape case against several de anza college students. >> reporter: he has decided not to file charges. the woman who said she was raped is disappointed that the district attorney cannot prove a crime was committed.

he promised if elected he would revisit this kay. he says sexual assault cases where people involved were intox dated -- intoxicated are extremely difficult to prove he said this case is no different. jessica gonzalez, 17 at the time has chosen to come forward. she was gang raped at a party. she said she was so drunk she was near a comatose state. the boys or men said they invited them to have sex with her. the community has been so upset that the previous district attorney didn't file charges. now a second district attorney has reached the same conclusion. >> what happened to jessica was not her fault. the defendants' behavior was not acceptable conduct in a civilized society. however, the district attorney's office cannot prove that a crime occurred.

therefore, will not file criminal charges. >> reporter: jessica released a statement saying i'm very disappointed in our justice system. i can only pray that victims find strength in my journey. i didn't hide. i told my story and i am not embarrassed. did all i could to help the truth come out now i will move on. she pursued a civil case. the jurors declined to hold these men liable. the jury refused to offer her -- reward her any damages. amy hollyfield, abc7 news. san jose state university police are investigating a couple of groping incidents on campus wednesday involving the sam man. the first woman was walking along about 8:20 a man on a bike inappropriately touched her back side the second victim was tkpwrep add hour later. -- was groped an hour later.

he was riding a bmx-style bike. investigators say he was with accomplice also on a week bike >> more than 100 beam arrested if a large scale law enforcement operation across the bay area and central coast. suspects were al dark santa clara, santa cruz, monterey the investigation led to the seizure of firearms, stolen vehicles and narcotics agents from the bureau atf along with state and local law enforcement. the attorney general with will release more details about this operation this afternoon during a news conference in gilroy ii >> the family of a suicidal man who drowned off a beach in alameda, while authorities watched has now failed filed a claim against the city and county. his family says first responders have should done more to help after he weighedded in the waters. the claim -- claim was filed yesterday. they are asking for

unspecified damages. fire officials said they didn't rescue him because they didn't have the proper train. that training program has been reinstated. students at alhambra high were greeted by extra police patrols and other stepped up security measures today in response to a vague unverified threat the district received earlier this week by e-mail. police say the extra security is an abundance of caution and they stress they haven't found anything that would lend credibility to the threat in washington a how panel wrapped up a hearing into the activities of solyndra, the bankrupt solar panel maker based in fremont. the committee is investigating whether the energy department broke the law when it restructured solyndra's 535 million dollar loan in february. new e-mails show the treasury department was concerned the deal could violate federal law. today the depend day treasury secretary testified, his department never questioned the legality of a loan. >> we do not have a legal

conclusion or render legal judgment we were flagging an issue for them to consider. >> democrats claim the hearing was partisan witch hunt. congressman waxman blasted republicans for not allowing the energy department to testify and ing the-- blocking the release of a memo outlying the legal basis for its decision to restructure the loan. solyndra laid off more than 1,000 employees. occupying a speech. the media mogul who had trouble finishing any sentence during a san francisco gathering this morning. and the wait is over, let the stampede begin. an an apple legend chimes in after getting the new iphone

rupert murdoch delivered the keynote address this morning at an education conference this morning in san francisco. but there was one hitch. members of the occupy wall street movement repeatedly interrupted murdoch's speech while dozens protested outside. as for the speech, murdoch claimed the standards for american schools are lower than the standards for his fox show "american idol." he backed up his claim with statistics if a college testing service. >> three quarters of american students who graduate from

high school are not ready to do college morning. three quarters. these are the kids who are going to college. this is not the foundation for a 21st century economy. >> the conference was hosted by foundation for excellence in education chaired by former governor bush. ed advocates vouchers and performance pay instead of 10 year for teachers. occupy wall street movement is building momentum in new york this morning demonstrators were ready to resist as authorities were said to forcibly remove them from the park they've occupied for weeks. the showdown never happened. >> reporter: occupy street demonstrators claimed their first victory. new york's powerbrokers backed down on evicting the protest from a park. the park's private owners say it is so dirty it a not be

safe and asked for police help, clearing it so cleaning crews could get if. in response the movement issued an online call for people to come with mops and brooms to help tidy up the park. >> i'm here cleaning up it is important. >> reporter: many supporters came ready to fight, not just sweep. 100 left the park and marched toward wall street. mayor bloomberg think the park's owners are being unfairly pressured. >> my understanding is they got lots of calls from many elected officials threatening them and saying you don't stop this, we'll make your life more difficult. >> rorter: the owners are negotiating with the movement a tactic closely watched around the country as sister protests grow. late thursday night, 10 protester in seattle for arrested for not leaving westlake park in denver officials did not back down after troopers in riot clear forcibly cleared demonstrators

if a park there in new york city the protest is still in place. mayor bloomberg warned not calming them down will make it harder later. according to the website they are coordinating a global protest saturday. in two polls, most americans support the occupy wall street movement. in its goal -- >> meteorologist leigh glaser is in for mike nicco. nice to see you. >> nice to see you . lots of sun now the fog will return this weekend. get ready for a cool down saturday and sunday. also, the wait is over. the mad dash begins as thousands crowd into apple store around the bay. we get an early review from a one time apple insider. this is only a test. the goal -- [ unintelligible ] m?<

apple iphone junkies did not expect to see steve wozniak in line for the new iphone 4s today but there he was with hundreds of other people some of whom camped out overnight. david, i guess millions are lining up today. >> reporter: the lines are

still here. there is something about bragging rights to be one of first to have one. for many apple fans, what the iphone 4s brings to the marketplace is complete justification. [ cheering stphfplt >> reporter: here's what it looked like 8:00 this morning when the apple store opened here in los gatos 8 a.m. was the designated time to start selling in each time zone. some customers including co-founder steve wozniak camped out almost 24 hours ago. what they are attracted to is the voice command called siri it answers questions not just execute commands such as calling one of your contacts. >> the first command i spoke into it, it did it right. and i didn't even know if i was using part of the vocabulary you are supposed to. i just spoke something that made sense to me. so i'm very happy already.

goes. >> reporter: siri has a sense of humor. ask for the best smartphone on the marketplace. she reresponds you already know the answer. it has an 8 mega pixel camera and faster dual processor. apple started taking orders a week ago with shipment to your home or office today. but it did give nat as opportunity to express condolences to steve wozniak who co-founded apple with steve jobs. there's still a long line here. apple stores are not the only place, at&t, verizon and now sprint stores are seeing a mad rush today. online movement is asking people to wear black turtlenecks, jeans and sneakers today to honor steve

jobs who died last week at 11:30, there will be a program in fremont honoring jobs at the former location of a tacker to where the first mac computers were assembled. -- yesterday half moon bay high of 87°. it is going to be cooler, still 70s near 80 across much of the coastal communities. warmer as we head inland. notice some of those high clouds that have been streaming coming from southern up to -- hazy sun in our afternoon forecast. another look out over the bay a beautiful afternoon lots of blue skies and also heating up. los gatos right now 80°. check out half moon bay already 76. san francisco 74, 74 novato

right now, fairfield 74. concord as well as liver hoare checking in with sunshine 76°. here's our highlights right in through your weekend. we continue with high cloudiness this afternoon and also the warm temperatures. patchy fog will return to the coast tonight. then that fog will increase all locations especially coastal communities as with we head into saturday and sunday. that's going to mean a cooler weekend. we started off this morning with clear sky. in the last few hours high clouds drifting to the north. all because of a little bit of low pressure to the south of us. high pressure brought uslp(arm days the past several days. it is starting to weaken. high clouds will continue to move north. we'll keep a close eye on this area of low pressure for our weekend. it will stay off the coast and spin about itself. what it will do is increase that onshore wind flow bring us cooler air mass and the fog

will return so temperatures coming down saturday and sunday. get out there in this afternoon, 80s, nice treat for us, 86 san jose, 84 sunnyvale. half moon bay today 80°, pacific can 78. 86 palo alto, san francisco 80°. taly city in the 70s today. -- daly city in the 70s today, 75. oakland 82, hayward 82. temperatures with will more than likely be in the 70s tomorrow. 87 antioch as well as concord. santa cruz 84°. here's the seven day forecast, cooling trend saturday and sunday. low clouds and fog will return by sunday 80s inland 70s around the bay mid to low 60s at the coast. bit on the chilly side this coming weekend. >> but it is good right now. thank you. >> thanks for the warning.

businesses along fisherman's wharf got safety training this morning. the fifth annual pier safe emergency expo and drill. it helps businesses and others along fisherman's wharf. the fire department and emergency management team put on the expo each year. leigh glaser is going to be back with two -- >> you need to day

today at 3:00 bun of the co-founders of the doors. then, research gives new

meaning to the phrase dirty talk. it is not what you think. it is the filthy truth about our phones at 4:00. at 5:00, a renaissance man president bush briefly considered as his running mate during the campaign. right now, time for's purrf. >> leigh is back with a couple new friends. >> they are cute. carrie you have a mother and son. i love the costumes. >> we figured halloween was coming. mother and son. they were found wandering the streets of novato. no one claimed them we are hoping with we can find them a home together they are very bonded. they are content doing what they are now be in a warm lap or by your feet, great in the car ride on the way down. >> they are a poodle mix,

right? >> yes. and he is 8 and he is 5. >> not a lot of shedding here. a good home who are we looking for kids or someone that needs a companion. >> the i deal home would be a relaxed, comfortable low maintenance lifestyle maybe an older couple. >> it is a shame this one is so wild. >> he's hard to control. [ laughing ] >> yeah, somebody that lives a very relaxed lifestyle not a lot of -- probably without kids would be better, less commotion. they are so low maintenance and so content to be with the person they love. >> that's great. moppy -- mopsy and flop , give the humane society a call. if you are going to have pets out there for halloween, be careful. thanks good to see you. >> thank you.

leigh, thank you. from all of us at abc7 news thank you for joining us. >> who wants to be a millionaire is next. so cool and well dressed, i like that. to keep track of the latest news on twitter and talk about it at facebook.com/abc7 news. >> have a great weekend. >> bye-bye!