suspicious, then shot and killed. the circumstances that you're watching cbs5 eyewitness news on the cw. identified as suspicious, then shot and killed, the circumstances that brought officers and sheriff's deputies swarming into the foothills of san jose. our union is unified at least according to the president. now we need to get back to the business of getting ahead, what to do to get americans back to work. support where you didn't know it was needed. times and shapes, they are changing and the women, that's bringing on the l cup bra. welcome to our viewers on cbs5 and the cw. good evening. i'm dana king. >> i'm ken bastida. a small army of police officers and sheriffs deputies have been in the foothills near san jose most of the day. authorities first headed out to higuera road in the eastern

foothills this afternoon following reports of a man with a weapon. when it was over, officers had shot and killed a man. joe vazquez on what the neighbors saw and heard. joe? >> reporter: it happened just beyond this fence line in a rural area known for its large ramp houses. according to the alameda county sheriff's department a man was shot after confronting law enforcement with a knife. a small army of what appear to be search and rescue workers gather to get a briefing from police. they are helping investigate an officer involved shooting. a santa clara county sheriffs spokesman said it was a san jose police officer who shot a man along a creek bed behind this house in the east foothills. >> pop, pop, gunshots. >> reporter: brian van wagner was feeding his farm animals when he heard the shots around 12:30 in the afternoon and watched the officers swarm into the area. >> talked to a sheriff deputy and he stated that there of a

suspicious person that was reported at ardell's place and law enforcement showed up and approached the man down in the ravine and he came back at them with an unclosed weapon and shots were discharged. >> reporter: ardell is the owner of this house on higuera road. he's an attorney named benjamin ardell johnson jr. he didn't want to talk about it on camera but he tells me a neighbor came running up out of breath and told ardell he had just been threatened by a man with two knives in the creek bed behind the property. ardell called 911, guided the officers into the area and showed them how to get to the creek about 30 yards behind his house. >> upon arrival san jose officers as well as a deputy ebb countered the suspect on -- encountered the suspect on the property at which point several shots were fired and the suspect was pronounced dead at the scene. >> reporter: the sheriff's department is still not saying exactly why the officer opened fire. as for what that man was doing

up here, well, ardell johnson tells me he did not know the neighbor. he recognized him but said that neighbor who was frantic, breathless was saying the man had stolen something from him and he put it in his backpack and when he chased the man out here somewhere in these woods that the man confronted him with two knives and obviously that's what alameda county sheriff's department will be investigating. >> joe vazquez in the hills above san jose, thank you. some new information about a body found in a burning car. miss believe the victim, a woman -- police believe the victim, a woman, was killed 90 miles way and her body was driven to san francisco where the suspect torched the vehicle. the murder suspect is 29-year- old almond johnson under arrest for killing 23-year-old vanessa herrera in sacramento where they're from. he drove his pontiac to the lower cape and set that car on fire early yesterday morning. >> the suspect has family

members that reside in san francisco. he's obviously been here. he was familiar enough with the area and we believe that's why possibly he drove here. >> the relationship between the suspect and victim is not clear, but police did say that they do know each other. congresswoman gabrielle giffords has made such strong progress that she is ready to go to rehab. she's been in intensive care since arriving in houston because of fluid on her brain, but tonight doctors upgraded her condition from serious to good. tomorrow morning they may transfer her to the rehabilitation hospital. well, not so much a laundry list of promises as a set of goals. president obama gave his state of the union tonight and on his agenda were typical speech staples like spending less and exporting more, but he also pushed for technology and for america to lead the way in finding the next big thing. joe brown with what the president is calling our

sputnik moment. >> mr. speaker, the president of the united states. [ cheering and applause ] >> reporter: there was a new sense of unity on capitol hill as lawmakers welcomed the president for the state of the union address. >> this moment will be determined not by whether we can sit together tonight, but whether we can work together tomorrow. >> reporter: the president spoke to a newly divided congress with many republicans and democrats sitting together in the wake of the shooting that wounded their colleague gabrielle giffords and the family of the youngest victim and some of the tragedy's heros sat next to the first lady. >> the challenges we face are bigger than parties and bigger than politics. >> reporter: in prodding congress to work with him, the president focused on the economy. he proposed targeted spending in education, technology and infrastructure. >> we need to outinnovate, outeducate and outbuild the rest of the world. >> reporter: president obama tried to balance what he called new investments with a five-

year budge freeze on everything but defense and entitlement programs like social security. >> every day families sacrifice to live within their means. they deserve a government that does the same. [ applause ] >> reporter: republicans who now control the house say the president's plan doesn't go far enough to get spending under control. republicans picked the head of the house budget committee to offer their official response. >> we have face a crushing burden of debt -- we is face a crushing -- we face a crushing burden of debt that will soon eclipse our entire economy. >> reporter: while both sides managed to sit together, they still find themselves far apart on most issues. big developments in the arab world tonight. first egypt. took to the streets to demand that hosni mubarak, the force of tens of thousands of egyptians took to the streets to demand hosni mubarak, president for the last 30 years, step down.

it's an unprecedented protest against mubarak. police used tear gas and water cannons to control crowds. egyptians are following the lead of tunisians who successfully toppled a government. most of them thought it was corrupt. won a decisive political battle: and in lebanon sunni muslims are outraged that hezbollah won a decisive political battle. the new prime minister will be a sunni muslim that hezbollah support that many lebanese sunnies regard as a sellout. with this the iranian backed hezbollah which started in the '80s as augurer riel la group fighting israel and the -- as a gear riel la group in fightings i -- guerilla group and the u.s. we are hearing something new from the little 4-year-old missing boy's family tonight. >> reporter: first to that investigation it, has now expanded to include a stretch

of the canal that spans more than 10 miles. today they had an airplane up in the sky to look for a body that may have floated downstream. here at the cardenas family home they still believe juliani and jose are still alive. they believe somebody might be hiding them. the one thing we did not expect to hear tonight was forgiveness. it is day eight and the cardenas family has softened their tone. emotionally drained. >> i forgive you if you're watching this. i forgive you. >> god is with us today. >> reporter: at the family home a candlelight prayer vigil marks a full week since jose rodriguez allegedly snatched juliani from his grandmother's arms. a red cross tent, bows on trees, lapel ribbons and a growing altar give the sense they're in this for the long haul. >> i forgive the guy who took my grandson. i forgive him from the bottom of my heart. >> reporter: still no sign of juliani in the delta mendota canal, just the total of nine

vehicles recovered including a motorcycle. >> our dive teams are frustrated for as long as they've been in the water searching for a vehicle, they haven't been able to identify that. >> reporter: a farmworker saw main and boy in a vehicle matching the description disappear into the deep waters 4 miles from the alleged kidnapping scene. juliani is not the suspect's biological son. however, the boy's mother tabitha cardenas is eight months pregnant with the suspect's baby. a doctor tells tabitha the stress has not affected the unborn child as she shared this sonogram image of the girl and at one point they decided to name her josette. >> look at your daughter. don't you want to see her? please turn juliani in and you can go about your life. you know that's all i want. >> reporter: and the family is now collecting a reward pot at a local bank to facilitate the

safe return of juliani. the divers will be back at 9:00 tomorrow morning. >> heartbreaking. kiet do in patterson, thank you. well it, took just about as long for him to commit the crime as a jury to find him guilty. daniel goodwin was convicted today of two misdemeanor charges stemming from his september climb up san francisco's millennium tower. jurors returned the verdict in less than a day. goodwin said that he climbed that building to raise awareness about the challenges facing firefighters in high rise buildings. goodwin faces up to a year in jail and additional fines. say good-bye to plastic bags at grocery stores in unincorporated marin county. the county board today voted to ban the bags beginning next year. there will also be a five cent fee for paper bags. a lawsuit attempting to overturn the ban is in the works already. it is a side of bullying

that doesn't get much attention, fights between girls as young as 7. it's happening in the bay area, how one school district is trying to stop it one school at a time. ground being broken in the world if you're gifted, it somehow gets harder. >> until now. there's new ground being broken in the world of women's underwear, the company that says there's a need now for an l cup. an international superstar taking a gig with a silicon valley company, what will i am will be doing. >> in the silicon valley today we had a high temperature topping at 70 degrees, the seventh day of record warmth. will wednesday be your eighth day? pinpoint forecast as eyewitness news continues on the cw. but your savings accounts are stuck in the stone age! earn more commodore with interestplus savings at capitalone.com. that's new school banking, baby! [ laughs ] instead of earning zilch,

your savings will be earning three times the national average. three times more? roger that! go online and sign up at capitalone.com. what's in your wallet?! secret about bullying that we have been hearing a lot about bullying recently, but there's a nasty little secret about bullying that hasn't gotten a lot of attention.

a local study shows that girls are violently targeting other girls and it's getting worse. the contra costa county women's commission found that 100% of the elementary schools that responded to the survey said that they had cases of girl on girl violence and it begins as early as 7 or 8 years old. l >> we had to do something about it. if we don't do anything now, in a few years it's going to be too late. the violence is going to be worse and the young people won't be around because they probably will be killed or have committed suicide. >> the is an ramon valley school -- the san ramon valley school district has had anti- bullying rules for the past decade. whether you consider it a blessing or a curse, there's some big news for top heavy women. there's a new letter on the block and by the block we mean the bra rack. on our consumer watch night

julie watts introduces us to the l cup. >> it won't look good under your clothes if it's too tight. >> reporter: no matter your shape or size. >> 34d, 38dd. >> reporter: it's important to get hooked up with the correct cup. >> i think it's really important to have good support. you want to keep them. >> reporter: it's estimated 80% of ladies are laced up with the wrong size. the average bra size in the u.s. is a 46dd and the biggest bra we could find was a 44h, but there are many women who are even more well endowed and for them. >> you're gifted. it sometimes gets harder. >> reporter: until now. introducing the first ever supersize l cup bra released by a british company. these photos are from mailonline.com. >> i think l size is great if you need it. >> reporter: the company claims the l cup bra gives more support and comfort than their

previous kk. lingerie shop owner susie irazi is open to the idea of bigger bras and has noticed a more voluptuous demand in recent years. >> today fashion is for the small women. it's very much for the bigger women. >> reporter: she says it's not that women are necessarily getting heavier. they're just realizing they don't have to squeeze into assize that's clearly not their own. >> they have a choice and they have different styles and different colors and they can look and they are beautiful. >> reporter: now beautiful just got bigger. on the consumer watch julie watts, cbs5. what about sports bras? roberta? >> what about them? i always wear those extra smaller. i do. since you're asking. >> that's why i was asking. >> all right. >> figure we could round it out with a sports bra. >> i guess you can round it out. i'm going to round out your numbers today because we spanned from 63 degrees in san rafael to 72 degrees at the museum in oakland shattering more records across the bay

area. looks like for the most part the record was 69, topped off at 70 in downtown oakland, richmond, a brand-new record at 69 breaking the old one established in 1984. tonight overnight we will see areas of patchy dense fog in the far reaches of the northern portion of our district as well as the east bay seeping in towards walnut creek as well, low 50s with the clear skies at the beaches. your morning commute you will have fog and if you're traveling to the central valley, there's a dense fog advisory in effect through fresno, temperatures 40 to 50 out the door. storm track was to the north of the bay area, huge dome of high pressure not going anywhere quickly. latest computer models suggest maybe taint% chance of a raindrop or two from far reaches of -- a 20% chance of a raindrop or two from far reaches of so he nome. don't see any rain chances in

our -- sonoma. i don't see any rain chances in our area till february 8th. tomorrow record warmth, anywhere from the 60s at the coastside through the bay all the way into our inland areas. we will have a handful of 70s. when you look at the extended forecast, 76-degree reading is in colleen -- where they experienced 76 -- colinas where they experienced 76 today, 72 in santa cruz, same story tomorrow and then again thursday. after the fog dissipates, slightly cooler and more seasonable over the weekend, could see breezy conditions sunday due to that area of low pressure to the north. otherwise the dry weather pattern will continue and so will the dense fog in the morning hours and our inland areas. jean farley, thank you, for snapping this photograph at 10:00 this morning at san jose park and walnut creek and firing it off to us here at www.cbs5.com. we welcome all your photos. who knew it was so foggy? unless you see things like

that. >> a lot of people are talking about the very dense fog in the central valley, so please be careful. michael jackson's doctor pleaded not guilty today to a charge of involuntary mountains in the pop star appear death. prosecutors say that dr. murray -- star's death. prosecutors say dr. murray provided jackson a lethal coast of drugs. murray's doctors -- dose of drugs. murray's doctors say that jackson desperate for sleep administered himself a lethal dose of the drug. will i am will be the new director of creative innovations. the company says it will be a hands on creative partnership. the grammy award winning musician will assist with the development of devices including laptops, smartphones and tabletops -- or tablets rather. intel homes to gain the intention attention of a young -- hopes to gain the attention

of a younger generation. the oscar nominations came out today and toy story 3 was nominated best picture. the film's director talked about the movie's appeal. >> i know that a lot of people really enjoyed the movie, both audiences and critics. they found it to be highly entertaining and funny but also very emotional and meaningful for them. i think that it just spoke to a lot of people. >> toy story 3 earned a total of five nominations. the other nominees are the king's speech, true grit, black swan, the social network, the fighter, inception, the kids are all right, 127 hours and winter's bone. without it, but it h >> guess i have some movies to see. you may not remember a time without it, but it had to start somewhere. when e-mail became indispensable, that's coming up in our good question.

hundreds more in your wallet year after year. feed me! saving you money -- now, that's progressive. call or click today.

after the illinois supreme court ruled a printer was literally ordered to stop the presses

today after the illinois supreme court ruled rahm emanuel's name must be on the ballot for the chicago mayoral race. about 300,000 ballots had been printed when the state supreme court announced it would take up the issue. yesterday a state appeals court said that the former white house chief of staff could not run because he did not meet the one year residency requirement. early voting starts on monday. s a time... well, at this point we really couldn't function as a society without it seems, but there was a time sharon in santa rosa wants to know how was e-mail started? that's tonight's good question. we hit send and that's about all the thought we put into sending e-mail these days, but did you know that e-mail has been around longer than your computer? well, folks think okay. the internet, i first remember that in the early '90s. that must have been the beginning of e-mail. no. not even the early '80s or even

the early '70s. you got to go back to the early '60s when the first e-mail was being sent right around 1961. c-net's brian cooley said it all started with private corporations and universities over elaborate electronic systems. e-mail didn't really get going for the public until decades later. >> that goes back to what was called the arpa net which was the original internet founded by the united states department of defense. >> reporter: the public e-mail we know dates back to the mid- '80s and has progressed from major advancements with internet service providers and a system of complex link servers and of computers that takes your message, blasts it part and reassembles it in milly 2nd. if i sent an e -- milli seconds. if i sent an e-mail to san francisco it may reroute to jakarta and then across town. that's how the internet works. go to www.cbs5.com.

click on the icon to send me your good question. michael vick is back in the advertising business. i'm dennis o'donnell and we have an update on the surfer who was pulled from the water next. ,,,,,,,,,,,,,,,,

him at mavericks is doing better toni he clock the surfer who nearly drowned three days ago when a wave crashed down on him at mavericks is doing better tonight. according to stanford hospital 30-year-old jacob tready has been upgraded from critical to fair condition. the accident was captured by a series of photos a witness snapped from the shore. australian open, quarterfinals, novak djokovic near court against thomas

berdich comes to the net. novak will play roger federer in the semis. a caroline wozniak in the near court won the last two sets. look at the lob shot. that is what i like. that is a nice shot. no. 1 ohio state crushed no. 12 purdue tonight in columbus. buckeyes improved to 21-0. you know any other school that's undefeated? san diego state. your alma mater roberta. >> the aztecs. >> you are looking at michael vick. just call him michael wall street vic. he signed a sponsorship deal with unequal technologies. that's a football pad company that supplied the eagles quarterback last season. that's his first deal getting out of prison. i heard the buzzer. i'm out of time. it's great to have the minute back. >> keep you on track. >> really because you would run

us into a commercial, blah, blah, blah. >> and i would. >> judge judy. >> we'll see you at 11:00. ,,,,

it's really delicious, mom. it's not too well done? nope. but it is a job well done. what are you reading, sweetie? her diary. when you're done, i'd love some feedback. sure. your mom and i read that thing cover-to-cover. loved it. thanks. would you mind if i cut the lawn this weekend? only if you let me talk to your mother on the phone for hours on end. done. [ male announcer ] u-verse brings peace to the family. at&t u-verse lets you record four shows at once from any room and play them back on any tv.