send your story ideas. thank you so much for watching cbs 5 "early edition." we'll be back bright and early monday morning and mr. kessler will be right here. save the date. a california judge says same-sex couples have to wait one more week to get married. allowing for an appeal to move forward. we will tell why you this could end up going all the way to the supreme court. good management. gm bounces back from bankruptcy with the second straight quarterly profit. so is it now time for gm to pay back the government? flood fears. hundreds of evacuated in iowa as new storms are expected to roll through the states causing major concern over rising rivers. we will go there live for the latest. telling the truth? as steven slateder holds a press conference outside his house. police question the flight attendant's story. we have exclusive sitdown with

one of the passengers who had a run-in with him "early" this friday morning, august 13th, 2010. captioning funded by cbs good morning. i'm erica hill. we made it to friday. >> we did indeed. crossing the finish line. i'm harry smith. got a lot of news to get to. we want to get to before we got to the news, shark guy. >> we will meet a guy that sees sharks. goes back to get his camera to shoot them under water and gets nudged. he will tell us all about it. >> all right. let's get to the news now. we begin with the courtroom battle over california's same-sex marriage ban. the federal judge that threw that ban out now says that same-sex weddings can be held next week unless higher courts get involved. cbs news correspondent john

blackstone has the story. >> reporter: inside san francisco's city hall dozens of same-sex couples lined up for marriage licenses and anticipating their wedding day. outside a crowd gathers. the judge who last week ruled california's ban on same-sex marriage is unconstitutional said he's lifting the stay he placed on that decision. same-sex marriage in california has been on a roller coaster, sometimes legal and sometimes not. despite a celebration the advocates may this be a temporary opening. turned out it wasn't open yet. >> stay lifted. the bad news is the judge said it is lifted next wednesday. >> reporter: among the disappointed couples was one of those who filed the lawsuit challenging california's ban on same-sex marriage. >> we are hopeful we will be able to get married and we will be able to announce wedding plans as soon as possible. >> reporter: the delay gives

opponents time to appeal and a political issue. >> it is going to -- impact the elections in 2010. >> reporter: polls show a majority of americans oppose same-sex marriage. but in california where there were 18,000 such marriages two years ago, plenty of wedding plans are now being made for next week. john blackstone, cbs news, san francisco. >> joining us now from washington is george washington university law proper feszor jonathan turley. good morning, sir. >> hi, harry. >> why will the judge leave -- open the window and say okay, we are going to close the window until next wednesday? >> he's doing a very standard and responsible thing. when he's doing is he's giving the court of appeals a short period of time to review his decision and decide whether they want to impose a stay. most federal judges will do that. in fact, if he didn't do that, it would be viewed as a little bit odd, if not aggressive, towards the court of appeals.

what he is saying look, i'm one judge. this is a controversial decision. and for the people on the other side of this debate, they should be entitled to make their argument to the court of appeal. so weather and what is the lookly had of the court of appeals would get involved in this by wednesday? >> well, they are going to have to. they have to take a look at whether they want to impose a stay. it is going to be tempting for some of the judges, you know. this did overturn a majority of people who voted on the proposition and it is a very controversial decision. some judges might be inclined to say you know what, let's stay this until other judges looked at it. but what -- what judge walker said in his opinion was i don't see the irreparable harm being done to people by allowing people to get married. he gave a very strong opinion saying that i don't think that this should be stayed by the ninth circuit. >> if you are a proponent of same-sex marriage, how should you interpret this? >> i would encourage my friends on that side. i actually support same-sex

marriage. i encourage people on the side of same-segs marriage to understand that they benefit in some regards from judge walker's move. he will add legitimacy and will not be one judge. it is important for this to be reviewed, to satisfy all parties and it is not just one judge making his own decision. but that it is going to be other judges making independent decisions of their own. >> since this thing came down, people have said that this is likely to end up in the supreme court. do you agree? >> well, you know, as you know, you have been around a long time, it is -- dangerous to predict when the court will accept something. they have actually avoided the same-sex marriage issue in the past. but there seems to be four justices on both sides of the issue. to make an early prediction and as usual, justice kennedy's right in the middle. kennedy has been sympathetic towards gay rights in the past.

so it would be a very interesting issue to go before this court at this time. >> jonathan turley, we sure do appreciate your expertise this morning. thank you very much. >> thanks, harry. we turn our attention to the economy. encouraging news from general motors. as early as today, gm could begin its return to private ownership. that's after reporting a billion dollar profit for the second quarter of 2010. rebecca jarvis is standing by at the new york stock exchange with more. this is the second possible quarter, best results in years. >> it is the best results for the company in years. the best results in six years but the real shocker that came along with yesterday's big announcement is that the ce o'of the company says that his work at the company is done. he says he returned the company to profitability and will now turn the reins over to dan ackerson, a man on wall street for years, who understands deal making and it is a very significant time for general motors because, of course, we as

taxpayerses help general motors billions of dollars in aid and loans to help that company get by. they haven't paid it back yet, erica. people are saying why is ed whitacre leaving before that job is done. >> of course, that will fall on the shoulders of mr. ackerson with the results we have seen in moving forward. is this going to be time now then for gm to pay back the -- >> $50 billion in loans that they are going to be paying us back. over a period of time here. how are they going to do it? general motors is a company that used to trade here at the new york stock exchange. when they entered into bankruptcy 14 months ago, of course, they were -- their process back to paying the taxpayer is going to be a matter of becoming a public company again, trading shares here at the new york stock exchange again. and through that, they will begin to pay us back. we own 61% of the company right now. >> wow. all this will be on gm. also today a lot of attention,

reaction on wall street to the latest jobless numbers that came out yesterday. and they weren't good. >> they were not good, erica. 2,000 increase in jobless claims over the last week. now we are returning at a week of 484,000 worth of jobless claims. that's new people going out and applying for jobless benefits. the numbers are moving in the wrong direction. we have seen that also in the overall numbers for unemployment. >> rebecca jarvis at the new york stock exchange. thanks. >> all right, erica. to iowa where severe flooding in ames knocked out the town's water system and this morning, much of the state is facing more rain and more problems. cbs news correspondent don teague is in ames with the latest. >> good morning. the floodwaters are quickly receding here in ames, iowa. if you had been in this parking lot, iowa state university yesterday morning at this time, you would have seen this car behind me completely submerged under water. but while the flooding is

receding, much of the mess remains. in central iowa, residents are cleaning up and drying out. homes, basements, businesses. after three days of heavy rain brought record floods. >> we went this not long ago a couple of years ago. we thought -- i remember cleaning it up and thought it is not too bad. we won't have to do it for a while. here it is again. >> reporter: in des moines, an overflowing four-mile creek submerged cars and forced hundreds out of their homes. getting rid of the water and mud will take days. >> this is terrible. look at the cars. it is terrible. >> reporter: as the cleanup continues, friends are remembering a teenager killed when three cars were swept off a des moines road. the skunk river crested wednesday at a 22 1/2 feet. it could be a week before renters crent e -- residents can get back to

their homes. the mess in cities like ames remains. crews are palming water out of the coliseum. water pour flood the arena eight feet deep when a nearby creek overflowed. >> hi, ma'am. would you like water? >> yes, i would. >> reporter: drinking water is in short supply in am dszes where eight broken water mains brought on by the flooding drained the city's water towers. >> we are not in a casual let's just conserve. we are in an emergency. >> reporter: the only drinkable water from the trucks or bottles forcing many restaurants to close and residents to conserve. there was a bit of good luck here overnight. there had been heavy rain in the forecast. it never did materialize. there's rain again in the forecast, though, for parts of iowa today. harry? >> don teague in ames this morning. thank you so much. >> reporter: a look now at steven slater. he is the jetblue flight attendant who became a folk hero this week as word spread of his unorthodox departure from a

plane on monday. he now says he wants to fly again. this morning, though, police are questioning his version of the story. ben tracy is outside slater's home in queens, new york, this morning with the latest. a new dig and new details. >> reporter: that sure is true. slater's house here in new york has been surrounded by media this week after he basically told a planeful of passengers he's mad as hell and not going to take it anymore. the passengers and police are saying his story just doesn't hold up. >> amazing. everything that's been brought to me and given to me, the community and my friends, industry at large. >> reporter: that was about all steven slater had to say on thursday. his attorney did most of the talking. saying slater's meltdown monday began when he got his head nicked as two passengers tried to shove their bags into the overhead bin before takeoff. >> very difficult. they were shoving the bags

around. attempting to get it in. steven came over to assist. either the bag or the overhang hit him in the head. >> reporter: port authority police say that may not be true. today's "wall street journal" reports that none of the passengers interviewed told police they witnessed slater being injured. quote, i think that this is moving towards a working theory of it never happened. there are some people who have said he came onboard the aircraft with injuries. and police who took slater into custody told the journal at the time of his arrest, his eyes were bloodshot and he smelled of alcohol, and he was unsteady on his feet. and now more passengers are coming forward saying slater's story isn't true. lauren woods said he was more zero than hero. >> he was very rude to everyone throughout the entire flight. i feel like yeah, we all had our moments where we are pushed to the limit. but there's a line that he crossed. i don't think this man should be called a hero. >> reporter: slater's attorney was asked to respond to some of the charge. >> i can't answer for the intent of those people you spoke to.

>> reporter: the whole episode may have made slater a working class hero. someone who tapped into people's frustration with their job. some say that it is really a cautionary tale. >> this guy reminds me if mel gibson were the one monitoring your flight. who knows. what if the next time this guy loses his cool and he decides to open the emergency exit while the plane is still in the air? >> reporter: for their part jetblue suspended slater while they investigate this incident. he says he wants to fly again but no word yet as to whether or not the airline will be opening the airplane door to him any time soon. >> ben, thanks. ben tracy. we want to let you know coming up in the next half hour we will speak exclusively with a passenger who had words with slater on that very flight. we will get his take on what happened. >> lots more news to get to. jeff glor is at the news desk. good morning, jeff. >> good friday morning. good friday morning to you at home as well. this morning the suspect in a

three-month stabbing spree that left five men dead is in jail in atlanta. waiting to learn how many charges he will face. cbs news correspondent elaine quijano reports. >> reporter: 33-year-old elias abuelazam will soon face multiple charges in michigan. where prosecutors have already charged him with one count of assault with intent to murder. >> methodical and thorough in our continuing investigation and prosecution. >> reporter: the next step extraditing him out of atlanta where authorities arrested him wednesday night trying to fly to israel. investigators believe that he's behind a string of violent attacks. 14 victims in michigan. three in virginia. and one in ohio. and nearly all of the victims were african-american. >> my belief is that he selected the victims in leesburg based upon the color of their skin. >> most were black males. i think that it fits together

with the idea that he was committing these crimes out of some kind of rage. >> reporter: the vick sometime wilson almost died from his stab wounds. >> they said i almost didn't make it. >> reporter: authorities believed that the killing spree began in flint where abuelazam worked in the area as a convenience store clerk. >> i'm still shocked that i had this guy in here around me and my sisters, around my employees. >> reporter: last week, he was brie

>> make eight great day. that's your latest weather. let's get to harry and erica. is flight attendant steven slater's story just a story? a passenger on the plane that had a run-in with him on the infamous flight. >> details, details. a california man's search for two white sharks and brings back pictures and quite a story to prove it. he joins us exclusively. this is "the early show" on cbs. ♪ just one bite opens a world of delight... ♪

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just ahead, you'll meet a passenger from the infamous jetblue flight who says he noticed something about steven slately immediately. he was standing there mysteriously. >> he'll recount their encounter in a couple minutes. also coming up, we have exclusive video and exclusive interview with a guy who is out on a surfboard and said, maybe i'll just take some pictures. >> oh, hey, look, there's a shark. >> great white sharks, no less. all that and more coming up on "the early show" after your local news. >> announcer: this portion of "the early show" sponsored by expedia. the best travel tools are all in one place. where you book matters. expedia. so with more flight options, i can find the combination that gets me there and back quickest. where you book matters. expedia.

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good morning. major delays, two and possibly 2.5 hours or more commuting westbound 580 through the livermore valley. the problem right there approaching airway boulevard. they got an overturned big rig uprighted about a half hour ago but it spilled about 20 tons of fertilizer on the freeway so traffic is just snarled all the way back out to tracy. they are doing intermittent lane closures until 8:45, 9:00 this morning. but again, the biggest problem now is they have the big rig uprighted is trying to get the fertilizer out of the roadway. the side streets, unfortunately, are getting backed up quickly so ace is probably going to be your best alternate, which is running on time. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth. it's going to be a nice one. here's a look at ocean beach

this morning. not so nice currently. cloudy at the coast with drizzle for the morning. we'll take a look at our seven- day forecast. now we'll get to the good part of today. for the coastline, maybe a few breaks of sunshine, but can't promise you too much. today's temperatures in the lower 60s. mid-60s around the bay with a mix of sun and clouds. and the upper 80s inland today. temperatures are still cool along the coast and mild inland. and that will remain the trend for saturday. sunday through thursday is when more seasonal weather, warmer temperatures, are back in the forecast. the 90s expected inland, that will be all five days. near 70 degrees around the bay. and the upper 60s along the coast. that's a look at your weather. more news and headlines coming right up. ,,,,

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a burglary suspect is dead good morning. it is 7:28. time for news headlines. i'm sydnie kohara. a burglary suspect is dead after exchanging gunfire with police in antioch just before 2:00 a.m. on d street in a residential neighborhood. a police dog is being treated for injuries not considered life-threatening. sponsors of proposition 8 have asked an appeals court judge to stop the resumption of same-sex marriages next week. proposition 8 limits marriage to a man and a woman. it's supporters want same-sex marriage to remain on hold while the prop 8 case goes through the appeals process.

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♪,,,,,,, that ought to make you feel good on a friday morning. >> working. >> welcome back to "the early show." we are getting ready to catch a tra train. back after a three-year break. it is all this morning on our "early" summer concert here cease. >> more on that summer hit. also ahead, we have been talking all summer long about the shark sighting on the east coast. 3 thousand miles away off the coast of california. plenty of sharks there, too. chuck patterson was there with his camera and he was out doing paddling on his surfboard and went back to get his camera so

he could get these amazing pictures of two great white sharks. one of them gave a little nudge. we are going ask him what it was like when the shark said hello. first, reported earlier, steven slater's flight attendant that captured worldwide attention with his exit from a jetblue flight this week called a news conference this thursday to say he appreciates all of the hoopla. >> thank you all so much. it has been amazing, the support and love. everything that's been brought to me and given to me by the community and friends and industry. absolutely wonderful. >> slater's version of what happened on that has not been confirm bid other passengers. some say the flipt's attitude might have been part of the problem. the executive for westwood one radio joins us in the studio this morning. he was there. you fly all the time, four time as week. you tend to notice things. you also know what it is like for flight attendants these days and people have to zeal with. but something about steven

slater stood out immediately why? >> when you board a plane normally all the flight attendants are very chipper and very perky and good morning, how are you, welcome aboard. i was actually seated towards the back of the plane. when i walked all the way, he was in the back. not a word, not a hello. staring straight down the aisle into space with his arm like this on the seats. which is completely different than the other flight attendants onboard when they first walk on. >> >> that was than the last thing you notice. >> i generally try to sleep when i'm on plane. i closed my eyes and sat down. within a few minutes i heard him not say yelling but certainly speaking to a passenger about stowing the overhead -- bag in the overhead which was too large. you know, the -- from all accounts, the female onboard he got into the altercation with. i didn't see her but i could hear them going back and forth about the bag was too big, not too big. it is not unusual mostly if you fly that much. it happens all the time. >> did his tone sound unusual?

>> not initially. gruff, i would say. maybe first approach would normally be a little more pleasant and then if the passenger was a little unruly, maybe you would then react that way. but it was right that way from the beginning. >> then there was a third incident to top it off. fell asleep most of the flight. white was time to prepare for landing he came back and that's when you sort of had a bit of an encounter. >> makes the announcement to turn off all electronic devices, put your tray up, move your steet to an upright position. i was sleeping the whole flight so i never moved my seat. he didn't think so and he smacked the back of my seat, sir, you heard the announcement. you need to move your seat up. he said no, it is reclined. i said no, it is not. he reached over and hit the but only and smacked the back of the seat again to show me it was reclined which it was not. he walked off in a huff. >> walked off in a huff. fast forward. big announcement which we heard about. people said they heard the announcement and you heard the announcement. what did you make of it at the

time? >> talking about the cursing? >> yes. >> before we landed, the passengers stood up there was another announcement from slater saying to sit down. rightfully so. they were walking. we were deplaned as normal, nothing was going on. about six rows in front of where i had been seated. all of a sudden got on the intercom and started shouting at the passenger and all the quotes are accurate there. you read. and we looked around like what was that? what prompted that? you know, the -- individual incidents didn't seem like anything. they were all isolate, we thought. obvi

>> coming up next, trouble for acetaminophen. coming up in "healthwatch." stay with us. this is "the early show" on cbs. mom, new shoes? old legs. p.a.d., the doctor said. p-a-d... p.a.d. isn't just poor circulation in your legs causing you pain. it more than doubles your risk of a heart attack or stroke. i was going to tell you. if you have p.a.d., plavix can help protect you from a heart attack or stroke. plavix helps keep blood platelets from sticking together and forming clots, the cause of most heart attacks and strokes. call the doctor about plavix -- please? i will. [ male announcer ] certain genetic factors and some medicines such as prilosec reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use genetic tests to determine treatment. don't stop taking plavix without talking to your doctor

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in this morning's health watch, asthma and acetaminophen, a new study argues adolescents that take the popular pain reliever best known as tylenol even once a month could be more at risk, even double the risk, of developing asthma. dr. holly phillips is here. good to see you. tell me about the study. >> this was a large study. it looked at more than 300,000 kids. specifically 13 and 14-year-olds. the researchers found that kids that took acetaminophen one time per month had more than double the risk of developing asthma later in life. it was really significant

findings. and acetaminophen was linked with eczema and nasal congestion as well. >> could it be that because the kids were taking it that may just be because they have other symptoms and they were trying to use that to help it along? do they think that the use of it is exacerbated. >> this study actually couldn't point out a cause and effect. they couldn't say acetaminophen caused it but are leading towards that. we need more reer is too much say it definitely causes it. >> if you have a kid or a teenager and -- the child uses it from time to time, should you stop? >> it is too soon to change the recommendations. basically one in 20 kids will get asthma. it is probably a combination of factors that are contributing to it. not just acetaminophen. if your child has asthma or frequents are pir torin effects, nasal congestion, it is worth talking to your pediatrician about it. because some kids are more sensitive to drugs than others. >> yeah, very interesting stuff. let's just talk then about

asthma itself and things you can do in your household to lower the risk. >> the number one risk for asthma really is family hiv. we know there is a huge genetic connection to asthma. you are more likely to get it. allergies also play a role. people that have hey fever or multiple food allergies are more likely to have asthma. but things we can really control are our environment. >> big time. >> exactly. we know pollution is linked with asthma. most importantly smoke. second-hand smoke around children has been proven to greatly increase. don't smoke and don't smoke around your kids. >> take them outside. >> absolutely. >> thank you very much. up next, in the water with two great white sharks. you are going to see more of this breathtaking video and meet the man that took the pictures. >> announcer: abc "healthwatch" sponsored ♪ ♪

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almost everyone i know, and probably everyone you know, would have the same reaction if they saw a shark. they would go back the other way. you wouldn't go back for more. not standing up paddle surfer chuck patterson. he saw two sharks around him. he gets out, gets his camera and goes back. this is a pair of great white sharks he shot. beautiful footage. it's a big hit online, a big hit here at "the early show" so chuck patterson is joining us early from irvine, california, this morning. i'd have to say, i'm stand up padd paddling, i see sharks, i get out of the water and don't go back. you grab your camera and go back. why? >> i think part is being a

surfer, always being in the ocean. we've even these sharks before. i don't know. it's the curiosity that got me going. if you don't think about what you see on tv, you know, block it out of your mind and that's what got me out there. >> forget the events of shark week and move forward. when you went out, you went out the next day. did you think you would definitely see the sharks? >> well, we've been seeing it kind of, you know, a regular occurrence, you know, every couple days. i was pretty much more hoping, you know, i wasn't really -- it was more of a lucky thing. apparently, you know, after five minutes of paddling out there, suddenly there it was. to my surprise. so it was a pretty unbelievable experience. >> you have the camera ready. they seem, at least from when i watched the footage, they seem as if they get very close to you. were you concerned at all for your safety? >> yeah. at the beginning, right when i had gotten out to the spot where i've seen the sharks before, i

was looking forward and, sure enough, a shark came behind me and bumped the tail of my board. so, it kind of sent me to my knees, you know, to keep my balance so i didn't fall in the water. so, it was -- i was definitely thinking twice, kind of did i make a mistake coming out here? and then once i gathered my thoughts, a little moment of clarity, got my camera ready and then started to film, you know, what i saw and take a couple pictures. it was definitely a little scary but i think the curiosity really kind of kept me going. >> did they bother you at all except for that little nudge? >> no. they just seemed to circle, you know, in curiosity. they'd come up and take a look and then the minute i'd put the pole near them, they would scurry away and go to the nose or go to the tail. so i was constantly doing cir e circles with my board trying to get everything recorded. >> i know you've had a great reception to this video online. but how did you get it?

what kind of camera were you using? it's so clear. >> yeah. i actually -- i have the camera right here. it's a go pro hero camera. it's been one of the best little cameras you can get, you know, online. it's super easy to use. the greatest thing about, it you can put it on mode for video and also do a mode for photos. and it's all high quality hd. you know, really easy thing to use. that's what made this whole thing possible. >> a little easier. what do your friends think? do they think you're crazy for going back out there by the sharks? >> yeah. the response has been pretty out of control. i mean, you know, you get a little crazy, a little, what were you thinking? but for me, you know, i've just -- shark week, like you said, you know, we have all of that in our backyard, so for me it was just -- i wanted to get a couple photos because i was curious what we were, you know, basically surfing, you know, with, out in the water. >> out there in their territory.

you got beautiful pictures. thanks for sharing them with us. we don't recommend others at home tell us but we're glad you're with us to tell us about it. thanks again. >> thanks again. >> you're watching "the early show" on cbs. ♪ just one bite opens a world of delight... ♪ ♪ with tasty grilled flavor and goodness to savor ♪ ♪ friskies grillers blend. ♪ feed the senses. [ laughs ] this is it! [ all ] 10...9...8... a new school year has so much potential! any resolutions? my resolution is the same as always; keep her full and focused with my fiber. [ all ] 3...2...1... happy school year! [ female announcer ] this school year, make a resolution to give your kid kellogg's frosted mini-wheats cereal. an excellent source of fiber from 100% whole grain.

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lindsay lohan back in the news again. gone into rehab. and originally they said, well, she might -- she could be there for several months. >> it was supposed to be 90 days. >> exactly right. now there are reports, and we will find out very soon whether they're true or not, that she may be released early. michael lohan, her father, is with us for an exclusive interview in the studio. we will talk about how she's progressing, what their relationship is like, and whether or not there can be some reconciliation in that family. all that and aa lot more after

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good morning, everyone. a few minutes ago they were able to get all lanes open of westbound 580 approaching airway boulevard. that was an hour ahead of schedule. here's a live look at traffic still crawling by. it will take a while for the traffic to recover. the clean-up of the road took several hours, about 4:30 this morning a truck carrying about 20 tons of fertilize spilled, overturned. so that's what took so long to clean up. fortunately, there were no injuries. but traffic is really jammed on 205 from mountain house parkway. here's a look to the drive times, an hour and a half delays westbound 580. ace a good alternate. that is your traffic. for your forecast, here's tracy. >> hey, thanks, elizabeth.

friday morning cloudy skies, drizzle, fog, you name it, we got it. looking out toward the transamerica building here, we also have a little drizzle there on the camera lens so you might have to use windshield wipers and delays at sfo on arrivals. low 60s at the coast with plenty of clouds. mid-60s at the bay with a mix of sun and clouds. upper 80s inland. take a look at what happens toward the end of the weekend. we are back to near seasonal highs and a big warmup is expected. that's a look at your weather. for your news and headlines, that's all coming right up.

b-s five... i'm sydnie kohara. it is 7:58. time for news headlines from cbs 5. i'm sydnie kohara. we are going to take you back out to 580 westbound where traffic is backed up for miles as elizabeth told you. a truck spilled thousands of pounds of fertilizer. up to two-hour delays are expected. try to find a way around it. a burglary suspect is dead after exchanging gunfire with police in antioch just before 2:00 this morning on d street in a residential neighborhood. a police dog is being treated for gunshot wounds. and a body has been found in southern santa clara county east of uvas reservoir. authorities have been forced to delay their investigation

due to heavy fog. so far, no evidence of foul player. now back to "the early show." ,,,,,,,,

calling all angels ♪ a fine friday crowd with us here on the plaza. welcome back to "the early show." i'm erica hill along with harry smith. >> nice day out here. >> it is. us here.ike fall welcome to the plaza. i'm erica hill. this is harry smith. we're getting ready for our early concert series. the band attributes its home base of chicago, new music and oldies but goodies. we're really looking forward to that. >> yes, we are. also coming up. what would you give up to avoid

gaining weight? the answer for about half the women in this survey was sex. they would rather give up sex than have to gain 10 pounds. what does that really mean about all of us. we have our own survey, too, about what you might want to give up to be thin. >> that's a good segment. michael lohan is here to talk about his daughter lindsey. she got out of jail long before her sentence was up. now she could get out of rehab early if the doctor says it's okay. we'll hear what michael says about thain an exclusive interview in a few minutes. >> first up, jeff glor with a check of the headlines. good morning again. >> good morning to you and good morning at home. the suspect in a series of stabbings in three different states might be transferred from georgia to michigan. 33-year-old elias abuelazam was arrested as he waited for a flight to tel aviv. they believe he's responsible for 18 attacks, five of them

fatal. most of the victims were black. abuelazam's father-in-law was asked if he's shock. >> pretty much so. my whole family is shocked. it's something you don't have happen to you every single day, thank you know somebody that, you know - like i say, i don't know if they have found him guilty yet or what they have. >> abuelazam will likely be taken to flint, michigan, since that is the site of the first stabbing. federal authorities say john mccluskey and casslyn welch could be anywhere. the two may have dyed their hair to disguise their appearance. in california the debate over same-sex marriage continues. the judge who ruled last week against the ban on same-sex marriage lifted his stay yesterday, which means starting next wednesday gay couples could start marrying again. before that, it's expect add federal appeals court will get involved. a decision scheduled today whether work will continue in

the gulf to permanently seal bp's blownout well. no leaks detected since it was capped a month ago. test data may show the so-called bottom kill is not needed after all. an arctic explorer survived a terrifying polar bear attack. he says he woke up with his head in a polar bear's mouth last week. he says, quote, it must have been only a minute i was in his jaws but it felt like forever. as the bear stood up with him in his mouth, a friend shot the bear dead. he says he's not

>> announcer: this weather report sponsored by chrysler. >> this weather report sponsored by chrysler. >> now to harry. >> last month lindsay lohan was

sent to jail for 90 days and got out after less than two weeks. now, the prosecutor in her case says lohan may also be released early from her 90-day court-ordered rehabilitation. let's get reaction from her father michael lohan who joins me exclusively. good morning. >> good morning, harry. >> you heard the story she might get out of rehab early, what do you think sn? >> there's a lot of stories. number one, it would be a mistake. >> why would it be a mistake? >> she needs the therapy. she needs to go through this period of reinventing herself and getting off prescription drugs. it's not that easy. to correct what i heard earlier, lindsay was in four rehabs, not two. this the fourth. just to clear the air, i've been apart from dina for five years, not 15. this is not hardball, what the judge did was proper. hardball is one to four years for dwi.

lindsay has an extreme problem. she needs help. if she's not taken off all the drugs, if she doesn't have therapy, family therapy as well as individual, i feel it's a band-aid. >> this is something you have experienced with yourself clearly. so if she's let out early, what is your greatest fear? >> she'll be right back to the same thing. i heard a publicist say lindsay needs to take a step back and just get out of the limelight. i agree with her 100%. it's not about getting back and jumping in feet first and, you know, just trying to get back, pick up where she stopped. she needs her life back. you know, look, dina is part of this, i'm part of this, and the people that are part of it have to help lindsay understand how we accept our responsibility. and we have to mend fences. this is not something we can just overlook anymore. >> your ex-wife was on the "today" show today, and she was not in a very much of a

fence-mending mood, it seems like. she said you were not a fit father, have not been a father. i know you've been trying to reach out to her and your daughter and they don't sound like they are ready to open the door to you? >> harry, the funny part is on july 4th, dina was my best friend and everything was great before it. i don't understand where she comes out with some of these things she says. that's on her. that's not on me. this is about our daughter. it's not about being part of her career. it's about being parents. dina should be out of her career, i shouldn't be part of her career. i never was. i never was a manager or anything. i tried to do my best as a father. i made my mistakes, wound up in jail. lindsay paid a price for that. i think her song "daughter and father" explains that. it's time to put everything aside. i thought dina did that. obviously we have more on this. >> one of the things your ex-wife also suggested, they might move back to -- come back

east. do you think it would be better for lindsay to be away from, perhaps, the culture that might have contributed to her downfall in southern california? >> i think it's a good point. but let's take a step back and let's look. lindsay got to therapy. she stepped out of the limelight a little while. she got involved with the same people again when she got out a short period of time after and the same thing started to happen. the lawyers and judges and everyone said she should have family therapy, and all three of us should sit down, dina and lindsay and i. lindsay and i did but dina didn't join us. i think that has a lot to do with the downfall. it's about getting together with a counselor and say this is what we did. i heard lindsay say a lot of that, and i certainly did as well. some people can't. that's a real problem. >> we hope there is some

resolution in the future for all of you. thanks very much for coming by. >> thank you. >> appreciate it. up next, gain weight or give up sex. what would you do? look at a fascinating new study when "the early show" continues. [ male announcer ] with its 43 safety features, like the parkview rear back-up camera... hi, sweetie. there you are. [ male announcer ] ...electronic vehicle information center, and rear cross path detection system, now available in the safety tech package, the chrysler town & country is a safe bet to make. ♪ this is a very active household. always a lot going on. we have three children d two dogs. this is my baby. this is the most expensive member of the household. scotty needed a new laptop for college, but we don't like to pay interest unnecessarily. so, the blueprint plan couldn't have come at a better time because i'm able to designate

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fed properly over a lifetime, can help extend his lovable antics... up to 1.8 healthy years. [ barks ] long live your buddy. oh, max! long live your dog. purina puppy chow and purina dog chow. a new poll asked 1,000 people knitry -- nutri system asked if people would rather gain 10 pounds or give up sex. half the women said they would give up sex compared to a quarter of the men. we decided to do our own poll, asking people what they would give up to be thinner. >> gaining 10 pounds or giving up sex. for the whole mer? >> i don't want to gain 10 pounds but i also don't want to give up sex either. >> i'd rather give up sex. >> i don't want to gain the 10

pounds, sorry. >> at my age, i'm trying to do fitness all the time. >> that's a tough one. >> probably gain 10 pounds. i don't think i could probably live without -- you know. >> i'd gain the 10 pounds. who wants to give up sex. >> definitely give up sex to keep 10 pounds off. just keep saying you're tired every night or you have a headache. >> i would give up tv to get a flatter stomach, definitely. >> i don't watch that much anyway. if that's what it takes. >> to get a flat stomach, i'd probably give up my laptop. >> i think i could live without my iphone. >> if i was guaranteed to have a flat stomach for the summer, i'd be willing to give up everything except sex. >> what do all those responses say about us? here to weigh in is relation expert. good to have you with us as

always. >> thank you. >> were you surprised women said i would give up sex if it meant i could lose 10 pounds. >> no. people have been told body image and self-image are intertwined and who you are as a person is what you look like on the outside. if you gain weight, is something wrong, something going on. even the dsm, when they sit down to analyze somebody, weight loss and weight gain is some of the criteria, if you're gaining a lot of weight or loseing a weight. it has been engrained from a psychological perspective and socially. >> you were talking about this on your radio show. you got a huge response. what was the response of the callers that came in. >> it was amazing. i put it out there saying i was going to be with you and what we were talking about. with probably 3,000 calls, only one woman called and said i wouldn't give up sex, i'm happy with the way i look. everyone else had something they

would give up, how long they would give it up, everything from video games, watching tv. >> everybody could think of something to give up. 25% of men said they would give up sex. i was surprised at that. i thought it would be more like 10%. >> we see men as being sexually driven. they would never give up sex. the rise in male anorexia and eating disorders, it's really on the rise. clearly men are having self-esteem issues when it comes to weight. >> you mentioned some of the things your listeners said they would give up. the study looked at they asked people would they rather shed 10 pounds during the summer or give up work, they would rather shed the weight. in terms of things they would give up on the list, shopping, cell phones, computers if they could have that flat stomach. why are we so willing to give things up. you mentioned the body image. we give things up but we don't want to work for it. >> right. the alternative is you have to get off your butt and exercise. i once asked my doctor and what

pills and diets work. he said get off the couch and go exercise and eat less. if i can give up my cell phone, that's so much easier. >> we asked friends on "the early show" what they would do. give up cutting hair, catfish. pam is not willing to give up anything and that's the problem. what's your advice to women out there, and men, who are watching this. we are obsessed with our bodies and yet we're increasingly overweight in this country. >> the minute you put a number on something, what's your size? what size are you wearing? is this an eight dress or six. your goal should be to be healthy. that's it. if you're healthy you're not going to eat the things that are bad for you and you're going to feel better. >> you'll feel sexier and maybe you'll end up being busier. >> exactly. >> good to have you with us. >> thanks. >> up next another big brother woman is out the door.

rachel talks about her lack of chemistry with the other house guests when we come back. i can take one airline out... and another home. so with more flight options, i can find the combination that gets me there and back quickest. where you book matters. expedia. [ male announcer ] take an italian masterpiece home. excuse me. buitoni? [ male announcer ] buitoni wild mushroom agnolotti. simple ingredients, artfully prepared.

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well, rachel may have found love with brendon on "big brother." her house mates voted unanimously to kick her out. a few minutes later julie chen, host of "big brother," spoke with the chemist/cocktail waitress. >> most people think i'm a hot girl with big boobs but i'm a chemist. i'm go to surprise everybody with how smart i am. >> come here. >> i wouldn't have said i love you if i didn't feel that. >> you better start separating how you're acting toward me or there won't be a relationship. >> i'm with you. i do you.

i i want to be with up. >> rachel and brendan, i've nominated you both for ee vikvi. you're a dominating force in this house. >> i are fought so hard that i have to get another inyekz of botox because have i so many wrinkles right now. >> by a vote of 6-0, rachel, you are evicted from the "big brother" house. >> you're shocked to be sitting here right for you. honestly. >> to, i am. brendan and i tried our hard toast keep me in the game. i am honestly shocked to be sitting here right now. >> so, what do you think happened this week? >> i think they're scared of me as a competitor. >> did brendon let you down by not winning any hohs? >> no. you know, i know he tried. >> be honest. >> i wish he would have because then the game would be different. >> one of the recurring rachel theme was, no one's going to get

between me and my man. am i right, everybody? >> that's so right. >> but why -- why did you view it that way? why did you see it as everyone wanted to break you guys up? >> i don't know. because they did. i think they were scared pep brendon and i together are a force to be reckoning with. we were winning competitions and maybe they were unhappy because we were happy. >> haters. >> haters. >> i love it. thank you, rachel. >> thank you so much, julie. >> you're welcome. >> and you can watch "big brother" again this sunday night at 8:00/7:00 central right here on cbs. just in case you missed that whole thing with the botox and the wrinkles -- >> it was so rough, she needed more botox. what? up next, calling all angels and calling all fans, train will

be along on the plaza. >> oh, yes. be along on the plaza. >> oh, yes. they're getting ready.,,,,,,

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good morning. it's 8:25. in the headlines this morning, a burglary suspect is dead after exchanging gunfire with police in antioch. this happened just before 2:00 this morning on d street in a residential neighborhood. a police dog is being treated for injuries. uc-berkeley backing off plans to test the dna of incoming freshmen. students submitted saliva samples as part of a bring your genes to cal program but the state department of public health says that program violates state medical testing laws. and oracle has filed a federal lawsuit against google. oracle claims that google's android operating system was built on oracle's java software without permission. oracle didn't specify the amount of damages it's seeking. traffic and weather right after this. ,,,,,,,,,,,,

good morning. traffic is slowly recovering in livermore. westbound 580 all lanes re- opened at airway boulevard. they have been open for a half hour. chp cleaned up after a big old mess after a big rig overturned. let's go to our maps.

we can show you where all the slow traffic is. a huge sea of red to 205 near mountain house parkway. drive times have improved a bit in the last half more or so. 42 minutes your drive time now under an hour at least if you are commuting out of the altamont pass and heading towards the dublin interchange. but yeah, that was a big old mess, a big rig overturned around 4:30 this morning spilling bags of organic fertilizer. a new wreck in hayward southbound 880 approaching highway 92. it sounds like one lane is blocked, injury accident, ambulance heading to the scene there. so we'll continue to watch that. in the meantime, here's tracy with your forecast. >> hey, thanks, elizabeth. forecast for friday and also for the weekend, here's a look out at ocean beach. cloudy skies along the coast with some drizzle. temperatures lower 60s at the coast, mid-60s around the bay and upper 80s inland. cool to mild today and tomorrow. but take a look at sunday through thursday. warmer and more seasonal temperatures. "pqp bú"

♪ ♪

[ applause ] >> go figure. wayne county, ohio. you guys go figure, wayne county, ohio, you are bucs fans. i know it. >> we're back with train. they released their fifth cd. now playing their first hit single from that cd, "hey soul

sister." ladies and gentlemen, train. >> hey, hey ♪ ♪ lipstick stain on the front of my left side, i knew i wouldn't forget you, so i let you off my mind ♪ ♪ your sweet moon beams, the smell of you in every single dream i dream ♪ ♪ i knew when we collided you're the one i have decided is one of my kind ♪ ♪ hi soul sister, mr. mister on the radio stereo the way you

move ain't fair you know ♪ ♪ hi soul sister i don't want to miss a single thing you do tonight ♪ ♪ hi, hi hey ♪ just in time i'm so glad you have a one track mind like me ♪ ♪ you gave my life direction a game show love connection ♪ ♪ i'm so obsessed my heart is bound to beat right out my untrimmed chest, i believe in you like madonna and i'm always gonna want to blow your mind ♪

♪ hey soul sister, hey there mr. mister on the radio, stereo the way you move ain't fair you know ♪ ♪ hey soul sister i don't want to miss a single thing you do tonight ♪ ♪ will you watching you is the only drug i need it is okay you're the only one i'm dreaming of ♪ ♪ nothing i can be only want to see you be ♪ ♪ hi soul sister hey there mr. mister on the radio stereo the way you move ain't fair you know ♪ ♪ hey soul sister i don't want to miss a single thing you do tonight ♪

♪ hey soul sister, i don't want to miss a single thing you do h oh ♪ ♪ tonight ♪ hey, hey, hey ♪ tonight hey, hey, hey ♪ tonight [ applause ] >> i'd say you >> i'd say you know how to get a crowd going. not too bad. this song has taken over. it's number one on itunes, and i feel like i hear it constantly, which i like. it's a good thing. >> it's strange. i think we made a record out of

love, and were never expecting it to be so massive around the world. we're traveling to places we've never been before. in fact, we were just asked to go to india, glassco we have on our tour. >> san francisco is the city that really made your band into what you are. what is so special about thety by the bay. >> there's not many things about san francisco that aren't special, really. i think people make a city great. when you come to new york, this is an amazing city. there's so much to do and so many things that make it great, that it's hard to explain to somebody. but san francisco is similar. it's just beautiful and the people are warm. music is such a massive thing there still, after the grateful dead and bands like, you know, that have come up over the years. >> there's something in the air

that does breed creativity, something natural out there. >> you tend to write lyrics that are personal. what is your greatest source of inspiration right now? >> my greatest source of inspiration is just watching people. it's better if they are naked. >> well, this is a morning show, unfortunately. >> just watching people. it's life. i mean, it's hard for all of us. it's easy at times. but even when it's easy, it's still tough, you know. i think there's so much to say about that. >> you guys broke up -- you didn't break up, took a little break for three years, came back together for this album. did that sort of renew your energy as a band? >> i think we feel like it's finally a band. you know, we started out and had success all over the place. we started to do this for the success of it instead of the love and the music of it, which is why we started music as children. so we feel like that again.

i think that we feel younger and more invigorated than ever. >> and back to the love part. the band is jimmy and scott as well. good to have all you guys. i believe it's time for a little more. >> yes. >> does that work for you? >> yeah. this is our new single. it's called "if it's love." >> perfect. ♪ when everybody else is getting out of bed i'm usually getting in it i'm not in it to win it ♪ ♪ there's a thousand ways to skin it ♪ ♪ i digress you are the best thing in my life i'm afraid when i hear stories about husband and wife ♪ ♪ there's no happy endings ♪ but you are the greatest thing about me ♪

♪ it is love and when inside it's forever no one else can do it better ♪ ♪ if it's love ♪ ♪ i'm addicted to loving you you're addicted to my love, too when can then be two birds of a feather that flock together ♪ ♪ love love got to have something to keep us together ♪ ♪ love love that's enough for me ♪ ♪ i took a loan on a house i own ♪ ♪ can't be a queen bee ♪ i'm going to buy you everything except cologne it's poison ♪ ♪ the rain falls mainly on the plain. sounds insane. it is we can laugh we can sing ♪ ♪ put ourselves on top

in the air we made it alive spinning bar in the middle of space ♪ ♪ if it's love we decide that it's forever no one else can do it better ♪ ♪ if it's love we are together the rest is whenever ♪ ♪ i'm addicted to loving you and you're addicted to my love, too we can be then two birds of a feather that flock together ♪ ♪ love, love ♪ got to have something to keep us together ♪ ♪ love love ♪ you can move in i won't ask where you've been ♪ ♪ everybody has a past

when we roll over do it all over again ♪ ♪ when everybody else is getting out of bed. >> i'm getting in it i'm not in it to win it i'm in it for you ♪ ♪ if it's love and we're two birds of a feather then the rest is just whenever ♪ ♪ if it's love we decide that it's forever no one else could do it better ♪ ♪ if i'm addicted to loving you and you're addicted to my love too we are then two birds of a feather that flock together ♪ ♪ love, love ♪ that's enough for me [ applause ] >> thank you. >> we'll be back with more train as part of our early summer,,

♪ [ horns honking ] ♪ [ male announcer ] come into an at&t store and experience tv like you've never seen before. ♪ for a limited time, get u-verse tv for only $29 a month for 6 months with dvr included.

a budget disaster. california on the brink. jerry brown's plan? you run for office and the assumption is, oh, i know what to do. you don't. i didn't have a plan for california. [ female announcer ] with our state in crisis, we need a governor with a plan. you need a real plan, something i'll acknowledge i did not have. [ female announcer ] jerry brown. no plan then. no plan now. meg whitman. a plan for jobs. log on. learn more.

back with more music from train. a grammy-award winning hit "drops of jupiter." ♪ now that she's back in the atmosphere with drops of jupiter in her hair ♪ ♪ hey, hey ♪ she acts like summer and walks like rain ♪ ♪ reminds me that there's time to change ♪ ♪ hey, hey ♪ since the return from her stay on the moon ♪ ♪ she listens like spring and she talks like june ♪ ♪ hey, hey ♪ tell me did you sail across the sun ♪ ♪ did you make it to the milky way to see the lights all faded ♪

♪ and that heaven is overrated ♪ ♪ tell me did you fall for a shooting star ♪ ♪ one without a permanent scar ♪ ♪ and did you miss me while you were looking for yourself out there ♪ ♪ ♪ now that she's back from that atmosphere ♪ ♪ i'm afraid of what she might think about me ♪ ♪ i'm afraid that she might think of me as plain ol' jane ♪ ♪ told a story about a man who is too afraid to fly so he never did land ♪ ♪ tell me did the wind sweep you off your feet ♪ ♪ did you finally get the chance to dance ♪ ♪ along the light of day and head back to the milky way ♪ ♪ and tell me did venus blow your mind ♪ ♪ was it everything you wanted to find ♪ ♪ and did you miss me while you were looking

for yourself out there ♪ >> can i hear you scream? ♪ ♪ can you imagine no love, pride deep-fried chicken ♪ ♪ your best friend always sticking up for you ♪ ♪ even when i know you're wrong ♪ ♪ can you imagine no first dance freeze-dried romance ♪ ♪ five-hour phone conversation ♪ ♪ the best soy latte that you ever had ♪ ♪ and tell me did the wind sweep you off your feet ♪ ♪ did you finally get the chance to dance along the light of day ♪ ♪ and head back toward the milky way ♪ tell me did you fall for a shooting star one without a permanent star

and did you miss me while you were looking for yourself ♪ ♪ na-na-na-na-na-na na-na-na-na-na-na ♪ ♪ did you finally get the chance to dance ♪ ♪ along the light of day ♪ ♪ na-na-na-na-na-na na-na-na-na-na-na ♪ ♪ did you fall for a shooting star fall for a shooting star ♪ ♪ na-na-na-na-na-na ♪ and are you lonely looking for yourself out there jj >> i love it. i have to say, when i lived in san francisco, that song got me out of bed every morning for a morning show, so thank you.

so, what's best, do you think, playing a random concert on a plaza or playing a big old stadium? >> you know, just -- >> putting on you the spot. >> -- that people care about our music, it doesn't matter where we play. the fact that you guys are here, thank you so much. >> well, there is mass approval for all of your music qul calling all angels" is a favorite. we hope you play offous off the air this morning. thank you for joining us. thank you for joining us. stay tuned. have a great day, everyone. your local news is next. ♪ ♪ i need a sign to let me know you're here ♪ ♪ all of these lines

are being crossed over the atmosphere ♪ ♪ i need to know that things are gonna look up ♪ ♪ 'cause i feel us drowning in a sea spilled from a cup ♪ ♪ when there is no place safe and no safe place to put my head ♪ ♪ when you can feel the world shake from the words that are said ♪ ♪ and i'm calling all you angels ♪ ♪ and i'm calling all you angels ♪ >> let's sing it together now. ♪ and i won't give up if you don't give up ♪ ♪ i won't give up

if you don't give up ♪ ♪ i won't give up if you don't give up ♪ ♪ i won't give up if you don't give up ♪ ♪ i need a sign to let me know you're here ♪ ♪ 'cause my tv set just keeps it all from being clear ♪ ♪ i want a reason for the way things have to be ♪ ♪ i need a hand to help build up some kind of hope inside of me ♪ ♪ and i'm calling all angels ♪ ♪ and i'm calling all you angels ♪

♪ when children have to play inside so they don't disappear ♪ ♪ while private eyes solve marriage lies 'cause we don't talk for years ♪ ♪ and football teams are kissing queens and losing sight of having dreams ♪ ♪ in a world that what we want is only what we want until it's ours ♪ ♪ and i'm calling all angels ♪ ♪ and i'm calling all you angels ♪ ♪ and i'm >> all right, new york city! let's think of all the people we love and put our hands way up.

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it is 8:55. good morning, everyone. i'm sydnie kohara with your cbs 5 news headlines. a body has been found in southern santa clara county east of uvas reservoir. authorities delayed their investigation because of fog. so far no evidence of foul play. state employees will be at work today a california appeals court denying the request of governor schwarzenegger to lift a stay of the furlough order. the governor had ordered state workers to take three fridays off a month without pay until there is a budget. sponsors of proposition 8 have asked an appeals court to stop gay marriages. prop 8 limits marriage to men

and women. the supporters want marriage to remain on hold while the prop 8 case goes through the appeals process. traffic and weather right after this. stay with us ,,,,,,,,,,,,

good morning. hayward southbound 880 very slow approaching the highway 92 interchange. accident there two right lanes blocked and pretty backed up from at least 238. 10 miles per hour, it's very

slow until you reach the san mateo bridge and then traffic is fine across the span. it's been busy at the bay bridge, as well. we had a couple of stalls on the upper deck, had to cycle through the metering lights. jammed at the 880 overcrossing. slow from westbound 580 from the altamont pass out to airway boulevard after an earlier overturned big rig. but drive times significant improvement, 28 minutes now. that's your traffic. here's tracy with your forecast. >> hey, thanks, elizabeth. so here we are, transamerica building, still got some drizzle out there. you can see just a couple of drops there on our camera lens looking out towards the transamerica building. more importantly, lots of clouds. giving way to sunshine inland. 80s inland, lower 60s at the coast. now let's talk about your weekend. saturday expected to be the cooler of the two days. we will begin to warm up

sunday and we'll take that warmer weather into next week. ,,,, pace yourself. be aware of your surroundings. don't ignore obvious signs. stay hydrated at all times. get plenty of fresh air and sunshine. ♪ and don't worry-- lots of people live active lives with asthma. answers and advice to help you get well and stay well. walgreens. there's a way to stay well.