're live the former bart officer who killed oscar grant, walks free in the middle of the night. we are live in los angeles with reaction to the release of johan necessary meheserle. a judges private life becomes front and center in the battle over prop 8. >> it is monday, june 13th, i am grace lee. >> i am elizabeth wenger. frank has the morning off. we have traffic, weather. >> nice weekend. >> beautiful i was in walnut creek sunday. >> very nice there. nice and sunny in the valley. >> i was going to thank you for the weekend it was fantastic outside. >> we are going to see great weather, offshore winds, that will crank up the heat warm all

the way to the coastline. pretty warm as you approach the coast. we will warm up a bit, 82 degrees, sunny, concord, san jose, 71 oakland, 66 degrees san francisco, complete look at the forecast coming up. right now giana and traffic. >> good morning i wish traffic was as nice as the weather a traffic alert westbound 237 at 85, lanes blocked due to an injury accident more details on this with a live look at the bay bridge. 4:31 a.m. the former bart police officer who killed oscar grant is a free man this morning. >> our ann makovec is in los angeles this morning where we understand johannes meheserle was released from jail shortly after midnight. >> reporter: about 12:25 a.m., meheserle was let out of jail downtown here in los angeles, oscar grant's family was here,

speaking out. they are upset they feel they were supposed to have the opportunity to speak at his final hearing and not given that chance and they wanted to see him walk out of jail. >> i want to be present so he can see me, so he knows that his life is not just going to be just back to normal business as if nothing happened. his face will be posted around the bay area, alameda county, and elsewhere informing the world he is a murder, he is a white cop that got off, not held accountable for a murder he committed. >> meheserle the exbart cop who killed passenger oscar grant in 2009 will now be on felony parole for 5 to 7 years he was convicted of involuntary manslaughter last summer maintaining that the killing was an accident he meant to use the taser instead of his gun on the bart platform that night the whole event captured on cell phone video.

when they read the verdict the jury attached a gun enhancement charge but judge perry threw it out and sentenced meheserle with two years in prison with time served, good behaviour credit he is getting out after 11 months but faces a civil suit from oscar grant's family >> if he doesn't have any assets all they can do is attach his future earning, it will be on him and on his future earnings how much of that judgment they will be able to collect. typically in a case like this, it could take years for people to satisfy their judgment, and having a judgment like this against you can prevent you approximate purchasing property in the future. >> his lawyer says he is hoping to fade into oblivion upon release and fade into a normal life. i spoke with a family friend. >> i believe what happened there i know he believes it in his heart and soul a tragic

mistake was made that night. no one meant to kill anybody. >> todd has received death threats for speaking out. >> i see the human being too he has a young child, young family and i just feel like he deserves it. >> the meheserle's release was a typical, normally prisoners are just let out the front door but in this case we did not see him that is because officials are concerned for his safety they had him leave the jail in another way. back to you guys. ann makovec live in los angeles, thank. >> there was a peaceful protest in oakland hours before his release. >> one, two, three, four, what the hell are we fighting for, justice for oscar grant. hundreds marched past the fruit vail station where he has

meheserle shot grant in 2009. stay with cbs 5 and cbssf.com for continuing coverage of his release. it was a lengthy stand off by ended peacefully in milpitas, police blocked off streets for most of yesterday, where a man wanted for a felony assault was believed to be barricaded in a home milpitas police tell us the stand off ended overnight no one was hurt and no one was taken into custody. this morning, the fight over prop 8 returns to court. supporters are asking a new federal judge in the case to reverse a ruling last year that over turned california's ban on same-sex marriage the group called protect marriage argues the previous judge had a conflict of interest because he is gay. kit doe will have a live report at 5:00 a.m.

six suspects to be arraigned today in the connection with the death of a german tourist shot in san francisco. she was caught in the cross fire of a gun battle in union square it happened last august as she and her husband vacationed in california for their 25th anniversary. some of the suspects face additional charges of attempted murder. family of a missing bay area nursing student said they are not giving up hope even though police say they believe michelle lee was murdered. lee's friends and relatives were searching for clues in hayward just yesterday in the they where her car was found after she disappeared she was last z seen may 23rd, kaiser permanent medical center. they are getting help from mark klaus. he has been a missing person's

advocate since 1990 when his daughter was kidnapped and murdered. >> the case has been reclassified as a homicide what is that based on? we don't have a body. so as far as anybody really knows there is a young lady out there some place desperate to be recovered and brought home. >> hayward police have declared the case a homicide investigation but they are not giving specifics on evidence that lead them to say lee was murdered. to a road rage suspect is under arrest because the victim managed to get his license number. police arrested 52-year-old martin alan clem at his home. he cut a woman off twice saturday morning and showed her what looked like a badge and threatened to arrest her. after the second time she said he made a u turn and drove his truck at her car swerving at the last second. several people have made a demonstration at crown beach alameda to show how a suicidal

man who went into the water could have been rescued after raymond zach drowned on memorial day, the division chief said firefighters were not trained for water rescue. just yesterday an alameda firefighter said he would not have been stopped by city policy >> i am not saying whatever i would have done would have been 100% successful outcome but the chances are it would have been positive as opposed to doing absolutely nothing. the retired firefighter said the risk of attempting to rescue a suicidal man should have been manageable it would have been easier to pull out the man once hypothermia set in. we had a beautiful weekend would it last? >> yes, very nice to have weekends off and we are enjoying weather that looks more spring like all the time. this is the last full week of spring it will finally feel like it partly cloudy skies,

dense fog showing up toward the immediate coastline high pressure building overhead will come press that marine layer, we will see nice weather ahead. 56 degrees concord, 55 san jose and 52 degrees, foggy pacifica. plenty of sunshine coming our way, 82 degrees concord, should be about 81 in liver more, 78 in san jose, you will run into a couple patches of fog there, 50 degrees in pacifica. still as we look at the next couple days, high pressure building in, 90 degrees on tuesday and the warmest spots inland cooling off ever so slightly into wednesday as we head in toward the latter part of the week, returning to low clouds and fog but the next few days, very very nice around the bay area. >> very exciting. >> yeah. >> i want to thank you for that wonderful weather forecast. good news on the roadways, mountain due, westbound 37,

lanes were blocked they should cancel that traffic alert within minutes, another accident, south 505. and road work between sir francis drake and 580, lanes expected to open up by 5:00 a.m. live look at conditions at the toll plaza. we are off to a better start than a few minutes ago. back to you. okay thank you giana. time now 4:40 a.m. a first look at gabriel giffords since the tucson shooting. >> plus more trouble for congressman weiner. the new photos pressuring him to resign. how low will they go. bay area drivers get the brake we have all been looking for at the gas pump ,,,,,,,,,,,,,,,,

governor jerry brown is making a last minute appeal to lawmakers

-- on you-tube. "i'm really p with just two days left before the deadline. governor brown is making an appeal on youtube >> i am perplexed why a package of this magnitude and permanent, which has reforms, realignment and which has temporary tax extensions cannot be allowed for you the people to decide on. i am not asking the legislature to make all these decisions i am asking for a vote of the people. in order to get that we need the four republican votes. the budget deadline is wednesday if lawmaker fail to pass the budget they won't get paid thanks to a voter approved mandate. a new person at the helm at the city attorneys office in oakland chief assistant city attorney barbara parker now becomes acting city attorney she was appointed by her out going boss john russo. the council has 60 days to appoint someone to fill the

rest of russo's term otherwise a special election has to be held by mid-december. russo got the job after 11 years to become city manager in neighboring alameda. carlos may soon join the growing list of cities to have a ban on plastic city bags, city council could take up that issue as soon as today and they may also consider some ban on food take out containers made of poly styrene foam. riders on muni's busiest rail line are getting relief today muni is adding an express bus to run the same route as the rail line. this is a pilot program the ease over crowding on the route between san francisco's financial district and ocean beach it carries nearly 40,000

riders a day,. not often we get to report good news at the gas pump. >> i know. pay close attention you may not hear this again. prices are going down. the lundborg survey says nationally they fell 17%, making the u.s. average $3.74. here in the bay area, gas buddy.com says it remains below $4 at $3.99, san francisco, $3.93 san jose and 3.91 in oakland. where i filled up yesterday and noticed it was a little cheaper. >> we will take it. time now 4:45 a.m. will he or won't he resign new photos that could be the breaking point for anthony weeper. >> plus he wrongly pre-- weiner. plus he wrongly predicted doomsday. the health problems that put a bay area preacher in the hospital. team work that helped the

mavericks make history. time for your travel forecast today looking good at sfo clear for take off, 68 degrees expect a high and sunny if you are headed around the country not bad at all temperatures cooler to start out, chicago, 67 degrees with partly cloudy skies and continuing your way over toward new york, remember last week they had temperatures in the 90s. well, 74 degrees, comfortable in new york. more on your local weather forecast coming up ,,,,,,

i know you're worried about making your savings last and having enough income when you retire. that's why i'm here -- to help come up with a plan and get you on the right path. i have more than a thousand fidelity experts working with me so that i can work one-on-one with you. it's your green line. but i'll be there every step of the way. call or come in and talk with us today.

now they may not be the most revealing photos but could be the most damming. new photos of anthony weiner were posted on the celebrity website tmz they show him standing in front of a mirror, his blackberry pointed forward snapping shots of his bare chest often with a towel draped

over his privates they were shot in the house members gym and sent online to at least one woman fellow democrats are increasing their calls for weiner to resign. we have made clear that he needs to resign and he needs to focus on getting his own personal issues in order. yesterday there was a confrontation in front of weiners office in queens between his supporters and constituents who want him to resign. today mark it is beginning of his temporary leave of absence from congress, as he gets treatment for an undisclosed disorder. sources told the new york daily news this weekend weiner is considering stepping down. it is the first debate of the 2012 presidential campaign. seven republican hopefuls will get together tonight in new hampshire, newt gingrich is one of them and told the republican jewish coalition in oz. laing 's he will stay -- los angeles he will stay in the

race no matter what it takes, more than a dozen top staffers quit his come pain last week. >> gabriel giffords could be released before the end of the month. new photos were released of giffords yesterday. these are the first photos taken since she was shot on january 8th in tucson they were posted on her facebook page but taken down nearly a month ago. giffords and her husband wanted to show how far she has come in her recovery. today fire officials in arizona expect the level of containment of a massive wild fire to rise to 10% now they are allowing some 7,000 residents to return home. the two towns no longer threatened, however fire crews remain to guard against flair ups, 2700 other people in several other communities are still under evacuation order. all right, it was looking good here in the bay area going to see more sunshine in the

coming days and it will feel like spring outside mostly clear interior valleys, inland, patches of fog getting thick as you approach the coastline dense fog out toward the beaches plenty of sunshine by the afternoon temperatures warming up, 70s and 80s inland, a little breezy inside the bay plenty of sunshine 60s, a few low 70s. out toward the coastline patchy fog, mixture of sunshine, breezy conditions, rolling through the bay area, high pressure going to start building in here nicely, and that means we will see an offshore wind kicking in. that ridge continues to build it will bring with us much warmer temperatures around the bay area. we will warm things up next couple things offshore winds should clear out the fog and clouds and make for spectacular weather. 78 degrees san jose, 80 degrees los gatos, sunny 76 degrees in

palo alto and 76 daly city. 82 and sunny walnut creek, 82 antioch and 70 degrees a little breezy in the afternoon in berkeley and friends in the north bay are going to enjoy plenty of sunshine by the afternoon 83 fairfield, 80 napa valley, 62 a little cooler attesting son beach. as we lookout that wind starts kicking possibility of 90s showing up interior valleys maybe some slight cooling into wednesday not much, and then look like we are heading toward the latter part of the week temperatures do start to come down all in all a very nice week ahead. >> a check of your traffic with giana. we are going to head to 505 where chp is on the scene of an accident. the good news it is not blocking the roadway south 505 at south vacca parkway. things should be clearing within the next few minutes we do have road work to contend

with, northbound, 101 between sir francis drake and 580, that will be in effect until 7:00 p.m., slight delays as you work through. southbound 101 not doing badly. as you approach the golden gate bridge, clear out of the tunnel across the span no major delays, elsewhere road work as well. eastbound, highway 4, from there at least to summersville a full freeway closure an ongoing road work project hoping to have it wrapped by 5:30 use alternates detours if place right flow westbound highway four, 880 through oakland, no major traffic snags. everything looks good if you are headed toward the san mateo bridge, only 14 minutes between 880 and 101, now to the south bay, north 680, capitol avenue, reports of an accident on the on ramp a minor fender bender not too much of a problem and road work south 17 between summit and bear creek one lane

open both directions as well. hoping to have that wrapped up by 6:00 a.m. when you hop in your car stick with our radio partners. the bay area radio preacher who predicted the world would end last month is in the hospital the 89-year-old suffered a stroke thursday night after his nightly radio show a friend said camping is doing well but speech is slurred. despite two incorrect predictions of the world coming to an end camping says judgment day will still come in october. scientists say they have discovered three genes linked to migraines they found inheriting anyone of the genes may increase a person's risk of developing the painful headaches but the authors say they do need more research to understand how the genemigraines are linked the study appears in the british journal of natural genetics. people with heart disease should feel better about that morning cup of joe.

new research suggests coffee drinkers with a history of heart disease are no more likely to die than non-coffee drinkers the study is in the american journal of clinical naughty san. previous research -- naughty san. previous re. found it might not be great because it raises blood pressure. a boy for gavin newsom. >> i didn't realize she was pregnant. >> hunter sable newsom was born last night he has a 20 month old sister montana. the newsom family recently moved out of san francisco to live in the marin county community of ross. they will make some pretty good looking babies i am sure. >> thousands are celebrating downtown dallas. >> mavericks just won their first nba championship they beat the heat 4 games to 2. celebrations were peaceful no property damage, no injuries to

report. final score last night's deciding game in miami was 105- 95, jason terry scored 27 points for the mavericks, and dirk lieu wit ski had 21. you head like like a real sports person we need frank. >> i know i was like where is frank when you need him. 4:56 a.m. a treat for sailing fans a chance to get a first glimpse at america's cup racers in action. pgh >> a free man this morning, the latest on meheserle's release and what the family of oscar grant is planning next. prop 8 is back in the courts why supporters of gay marriage should not be worried i am kit doe with a live report coming up. plus the family of missing nursing student michelle lee tries a new tactic in their search support they are getting from a man who suffered the

same pain ,,,,,, ,,,,,,,,

former bart officer johannes meheserle released from jail a few hours ago. live from los angeles s with reaction. the fight over same-sex marriage takes center stage in a san francisco courtroom how a judges private life could effect the state of prop 8. good morning, it is monday june 13th i am grace lee. >> and i am elizabeth wenger frank has the day off. time 4:59 a.m. >> nice to extend that weekend an extra day. >> especially when the sun is shining. >> i know he is playing hooky today no, he had a wedding to go to last night. good morning lawrence. >> since he has been here it has been raining just about the whole time. finally a nice spring weekend. looking good too. a couple patches of fog this morning that will give way to sunshine, 78 degrees san jose, 82 in concord, 71 and sunny in oakland breezy and 66 degr