your realtime captioner is linda marie macdonald. a grassfire close to homes in the east bay. the conditions that have firefighters on high alert. the moments before bryan stow's attack caught on cell phone video. what this new evidence means. good morning, i'm grace lee. >> hi, everybody. i'm frank mallicoat. it's 4:30 on your tuesday, june 28. it was a little drizzly. >> it's almost july, can you believe it? >> no! >> we have that rain out there trying to work into the bay area. you know, folks, we have some unsettled weather come our way.

late june, here we go. cold front up into the north bay will take time to work into our area. drizzle ahead of the system now. temperatures cooler than normal but hot temperatures are coming up. right now let's check traffic with elizabeth. >> that's a hunk of rain. >> it is. >> a big beast coming our way. >> could be a record-breaker. >> hunk of rain! [ laughter ] >> that's official weather- speak. westbound 80 approaching gilman street, they are clearing an accident. a little slowing on the sensors behind it. two lanes are blocked on the eastshore freeway. drive time 20 minutes from the carquinez bridge to the maze. as you can see a little drizzly out there as you approach the bay bridge toll plaza. so windshield wiper day so far no metering lights so relatively easy ride into san francisco. we'll keep you updated throughout the morning. in the meantime, back to you. >> thank you. a scare for homeowners in

the east bay. >> in a big way. a wind driven grassfire threatens several homes there. it started about 11:00 last night at a property behind discovery way. that's near the contra costa campus of cal state hayward. there were no mandatory evacuations but some people left their homes as a precaution. the flames were put out about a half hour -- in about a half hour but extra crews were called in because of the wind. we'll have a live report at 5:00. a new piece of evidence for l.a. police in the bryan stow beating case. anser hassan is in san francisco with video that apparently shows stow inside dodger stadium before the attack. good morning. reporter: good morning. bryan stow currently is in a coma here at san francisco general. bryan stow is the man the giants fan, brutally beaten in march at dodger stadium. the lapd is hard at work trying to find his attacker.

this new video was released on monday from tmz. they won't say where they got it. but the short grainy cell phone video shows stow seated during the game wearing a giants jersey. looks like he is trying to ignore a seemingly angry dodgers fan who is pointing and screaming at him. now, lapd says they are reviewing the new video for clues. the one thing it does show is that the attacker in this video is not giovanni ramirez, the lead suspect in this case. >> because you see bryan stow and he is aggravated. he is agitated. and he is directing it at somebody who is not the suspect in this case. >> to sit here and say that this will exonerate giovanni ramirez, i think, is a bit much. it's too much. i'm not going to say it. >> giovanni ramirez is the lead suspect -- in fact, the only suspect in this case. he is currently serving a 10 month jail sentence for violating his parole. he was arrested in may in

connection to this case. we'll have reaction from the stow family regarding the latest video coming up at 5:00. >> thank you, anser hassan live in san francisco. a woman accused of kidnapping her granddaughter in the east bay is expected back in court today. erika gallego who is pleaded not guilty to kid -- has pleaded not guilty to kidnapping and burglary charges. police found the four-month-old girl and gallego when they arrested her last month in california. she is accused of taking a bus and cab to her son's home in knightsen and take the baby. federal investigators at the amtrak crash site in nevada are looking at the cell phone of a truck driver who smashed into the train. it's being sent to a lab in washington where the ntsb will determine whether that phone was a distraction. and we are getting more firsthand accounts of what it was like on the train when the truck hit it. 76-year-old emma jean smith was on the second-to-last car from

chicago to emeryville when she heard what she says sounded like a bomb. >> it was horrible. a fireball come down the side of the train and immediately crystallized the windows. this man was bleeding and, oh, he was holding his head. >> at least 6 people died in the crash. the trucking company has been cited repeatedly for crashes and unsafe driving. and the driver, lawrence valley, received six-speeding tickets since 2007 including five while driving a truck. in one incident he slammed into the back of a ca on 80 in reno but there were only minor injures. the state legislature voting on a new budget proposal. they say it will close a $9.6 billion deficit with a combination of more cuts and

newly projected revenues. >> revenues actually are up $4 billion so far this year. that's actual money in hand over and above what we thought. now, going forward we do expect more revenues in the budget year coming up. but in case we're overoptimistic, we have severe trigger cuts that will be triggered and go into effect. >> those cuts could affect public schools, higher education, prisons and in-home care for the elderly and the disabled. governor's abandoning his push for a special election this fall to extend tax increases. the legislature and the governor, if they approve the plan, lawmakers will start getting paid again. there is the motivator right there. some progress in oakland's efforts to reduce its $58 million budget deficit. all the major unions representing city workers have reached tentative agreements on concessions. among them, police officers, firefighters, and workers in three other unions would pay 9%

of their pension plans. the agreements would save the city an estimated $40 million a year. the deal still needs approval from the rank-and-file. a weather change if you're just getting up. it's a little misty. >> i guess if you live in the north bay, the animals are lining up two by two up there! [ laughter ] >> no kidding !! what a year it's been, it continues. we are seeing drizzle ahead of the cold front. but look at this. you have cold front that will bring some rain to the bay area. slow mover though and sagging to the south throughout the morning here so it's going to take time to work through the rest of the bay area. but yes, we're looking at rain today. prepare, bring your raincoat. yup, it looks like your umbrella, too. you will need it outside. even the possibility of thunderstorms in the system. as far as a storm system, this is beautiful for this time of the year to put itself together this nicely late in june. it's impressive. still, temperatures as you might expect going to be way down today, 60s in the north bay, maybe some 70s in the south bay, just because it will take a long time for the clouds to work their way in that

direction. still, as it moves by, everybody expected to see rainfall heavier in the north bay maybe a half inch in some of the wetter spots, could see a lingering shower into wednesday morning and after that, though, high pressure starts to build in. looking hot into the holiday some of the temperatures near triple digits as we head towards sunday and possibly the 4th of july. can you believe that, elizabeth? >> are you predicting the 4th of july already? taking a risk that far out. looks good to me. all right. thanks, lawrence. well, yeah, mentioned some misty conditions out there. and usually when it's a little wet we usually see a higher accident count unfortunately, as well. we are dealing with this accident westbound 80 before gilman. sounds like a tow crew just got on scene. at last check two lanes were blocked and there was some slowing behind it. watch out for that coming down the eastshore freeway. it is increasing your drive time a little so watch out for slowing through berkeley. the nimitz 880 through oakland these are live traffic sensors. mostly top speeds up and down

from hayward towards downtown oakland. you will find some roadwork from high street towards embarcadero and this is a live snapshot of what it looks like out there past the coliseum. so a little hard to see the taillights right now but it's about 15 minutes from 283 to the maze. i'm -- from 238 to the maze. i'm suddenly shrinking. let me stand on my tippy tows. everything good on the golden gate bridge from marin county to san francisco. did you notice i shrank? >> i did. we have moving cameras today. >> no issues up and down the guadalupe parkway. 101 and 280. not a lot of roadwork in the south bay. for mass transit riders good to go for bart, ace train number one, muni and caltrain. if anything changes, remember kcbs, our radio partners, at 740-am and 106.9-fm. back to you. >> thank you. 4:39 now. authorities say they have found the remains of a walnut creek woman murdered more than 30 years ago by the man known as

the i-5 strangler. 21-year-old lewellen about yourly went on a -- buehrle went on a job interview in 1977. her remains were discovered in a dry riverbed near lake berryessa after deputies renewed a search this year. roger kib by received life sentences for her murder. a danville reason it was trapped in a sand tunnel during a church camping trip. two boys dug a path about of feet under the dunes at sunset beach in santa cruz county. people heard their screams and started digging with their hands. >> they were digging with frisbees and pulling the sand away. and just hands. digging like a dog trying to get this boy out. i had his legs in my lab and i'm trying to pull him up out of the ground but he is like

cemented in. >> one boy got out okay but by the time rescuers got to ryan buchanan he had been buried alive for 15 minutes. he is now in intensive care. his vitals are stable but he is still unconscious. a former crime boss gets creative. how mobster whitey bulger snuck into boston while hiding out. >> and the ruling is in. parents get the final say when it comes to kids and violent videogames. why the battle for the ban isn't over yet though. >> it's a clothing controversy at abercrombie & fitch. why a woman was fired for what she would not take off. has the average guy on the street ever lifted a gravy stain from an otherwise pristine wall-to-wall? or granted the christmas dreams of twins whose only wish was the shine of a professionally-cleaned

hardwood floor? well, i have seen the glory of steam-cleaned kitchen tile in the early morning hours! i have saved floors. i have lived! also, we'll be passing a card around for carl. please sign it. ♪call 1-800-steemer.

man: everybody knows you should save for retirement, but what happens when you're about to retire? woman: how do you go from saving to spending? fidelity helped us get to this point, and now we're talking about what comes next. man: we worked together to create a plan to help our money last. woman: so we can have the kind of retirement we want. now, you know how this works. just stay on the line. oh, yeah. fidelity investments. turn here. isn't over. e u-s supreme cour the state lawmaker behind a ban on selling and renting violent videogames to kids says his fight isn't over yet. the u.s. supreme court struck down the law yesterday saying that it violates first amendment rights of free speech. the justices said it is up to the parents to regulate what their children see.

the law never took effect because of the pending supreme court appeal. supporters argue that violent videogames can be harmful. >> these videogames expose kids to behavior that is not acceptable in reality. >> the bill's sponsor, senator leland yee, says he and others will study the court decision and consider introducing another big that will stand up to first amendment scrutiny. a muslim woman from san mateo has filed a federal lawsuit against abercrombie & fitch claiming she was illegally fired for not removing her head scarf. she worked at the retailer suddency area a hollister store in hillsdale mall for four months. the 20-year-old says that no one at work had an issue with hijab until the company said it doesn't comply with the look policy. she was fired she said after she refused to remove it.

they say "we comply with the law regarding reasonable religious accommodations. and we will continue to do so. we are confident when this matter will tried a jury will find that we have fully complied with the law." at&t customers in san franciscan find out today if they will get better service. the board of supervisors is expected to vote on the company's proposal up to great its network in town. that vote was delayed over safety and aesthetic concerns about the four-foot-tall boxes that would house the new equipment. at&t says it was going to work on a scaled-down version of its plan. well, some peace of mind for students who claim that their dog ate their homework. >> yeah. some good news for you guys. a new policy in the l.a. unified school district says homework will only account for just 10% of a student's grade at most. critics fear it will encourage students to slack off on homework duties but the district says it's more fair for low income minority students with less academic support on the homefront and

some students say it's just too easy to copy other students' homework anyway. [ laughter ] >> copying is not doing your homework. >> i gotcha. 4:46. a standing ovation for congresswoman gabrielle giffords. her first public appearance since the arizona shooting. a major crackdown o cribs, new safety rules. you can call her the pooper snooper. how one woman -- >> ew. >> that's right. how one woman is using dna to make sure pet owners clean up after their dogs. time for today's travel forecast. could get interesting today. showers are in the forecast. no delays yet. but that may change out at sfo. the good news is chicago, it's been rough there the past couple of days but today, sunshine into chicago. and a comfortable temperature of 79 degrees. if you are particular to new york, we have some clouds

moving through there a chance of showers maybe even some thunderstorms on the eastern seen. 81 degrees in new york. more on your loan weather coming up. ,, ,,,,,,,,,,,,

appears in a boston courtroom today. an accused mob boss james "whitey" bulger is expected to be assigned an attorney when he appears in a boston courtroom today. prosecutors and the defense have been debating whether bulger can afford his own attorney or if he should be assigned a public defender. he was wanted in connection with 19 murders when he was arrested last week in santa monica. investigators say during his 16 years as a fugitive, bulger made several gambling trips to las vegas and he returned to his hometown of boston several times armed and in disguise. former illinois governor rod blagojevich faces up to 300 years in prison. the jury found him guilty on 17 of the 20 charges in his corruption child.

now, they include attempting to sell or trade that senate seat vacated by president obama. blagojevich was found not guilty of bribery and jurors deadlocked on two charges of extortion. however, legal experts believe he may only get about 10 to 15 years. 4:50 now. president barack obama heads to iowa today to talk about jobs. his visit comes one day after minnesota congresswoman and tea party favorite michele bachmann launched her run for the white house from the city where she was born. >> i am here today in waterloo, iowa, to announce we can win in 2012 and we will win! [ applause and cheers ] >> we can't be about big government as usual because then america will lose. >> bachmann says president obama has not lived up to his promises and, quote, leads from behind. also in iowa today, sarah palin. she is scheduled to attend tonight's premier of a documentary about her. so there you go.

standing ovation for gabrielle giffords, the arizona representative making her first public appearance last night since she was shot in tucson in january. giffords attended a nasa awards ceremony in houston where her husband, mark kelly, was honored with a space flight medal. these are photos released by giffords' office earlier this month. good morning? >> if you are just getting uhm, a little drizzle outside right now. but we have some rain on the way. can you believe it? summertime and here comes this very impressive looking cold front dropping right down into parts of the north bay right now. it's a slow mover but you can see some heavier precipitation that's going to be moving in later on. so with that in mind, if you are heading out the door this morning, plan on slick roads from the drizzle. clouds moving in. temperatures mild in the 50s and 60s. this afternoon, much cooler than normal as we have that cold front moving on through. showers likely even the possibility of an isolated thunderstorm. so you get the idea, it's going to be a wet day outside and this is an impressive looking

system driving through at this time of the year, dropping on in. it looks like it will continue to move on by and bring with it a chance of rainfall increasing from the north bay and heading to the south as we move throughout the day today so yeah, carry that umbrella with you. you're likely going to need that at some point today. in toward the afternoon in parts of the south bay, earlier though towards the north. so you get the idea, unsettled and then quieting down. the computer model shows by noontime down into san francisco, then in the afternoon hours drags further south in toward the san jose area. and, of course, you get lighter amounts down here. some of the wetter amounts up to 1/2" of rain, a record. highs in the 60s to the north, warmer to the south because it will take longer for that cold front to work its way down there. and so these numbers are running well below average. but that will change. tomorrow maybe a lingering shower in the morning, not going to be much. then it's gone. then we're cranking up the heat as high pressure begins to

build in. maybe 90s make a return by friday. i think getting hot over the weekend, near triple digits as we head in toward sunday and the 4th of july. that's a look at weather. let's check on traffic with elizabeth. >> makes for some good barbecue weather just in time. all right, thank you, lawrence. let's go outside talk about this drizzle we're dealing with this morning. live look at 101 in san jose. our photographer is standing by near the mckee exit. headlights moving northbound and as you can see it looks good and relatively dry from what we can tell from our roads there near mckee in the south bay. let's go to our maps, show you what else is going on in berkeley. we are still dealing with this accident. we are making phone calls to see if it's actually been cleared but westbound 80 before gilman street at last check, tow crews out there. two lanes blocked, at least a couple of cars involved in this crash. our sensors are turning to green, meaning they were yellow showing slowing so it may show some improvement making your way out of berkeley towards

emeryville. so again, we'll continue to keep you updated there. but again, here is a live look at what it looks like out there commuting across the san mateo bridge. this is the commute direction, westbound 92. so far, so good. you can see a drive time there 13 minutes from 880 in hayward towards 101 in foster city and along the peninsula. and eastbound traffic looks great if you are coming off the high-rise as well heading towards hayward. a lot of the roadwork near 880- 92 not there any longer. benicia bridge so far, so good traveling towards martinez. a company. cars across the span. the only thing on the nimitz some roadwork, from oak street to unit. should be wrapping up by 6:00. those headlights are moving southbound so if you have a flight to catch at oakland airport should be no delay getting there. looks good all the way down clear trip nice ride down towards hayward. marin county commute, there is a live traffic sensor there showing 62 miles per hour. you saw that big rain system

there coming towards lawrence's mapping system. you can see it hitting the north bay first so misty up there. you can see it across the span of the golden gate bridge heading into san francisco. that camera is right there right before the toll plaza. and to the south bay now, we showed you that one traffic shot 101 at mckee. 280 is moving jusas well : remember kcbs, our radio , and remember kcbs, our radio partners, at 740-am and 106.9- fm. >> thank you. 4:55 now. hearings begin in washington today to decide if the world's most popular drug avastin should be used to treat breast cancer. the fda has already found that avastin does not extend or improve life for breast cancer patients. but the drug's manufacturer is challenging that ruling. it wants more time to study the effectiveness. avastin is already approved to treat colon, lung, kidney and brain cancer. 4:55 now. today some new rules go

into effect for baby cribs. the newly required safety tests are so stringent that few cribs now in use are sturdy enough to pass them. it's now illegal in the u.s. to sell or donate the new cribs that fail to immediate the standard. there are new standards including gaps where the baby could get caught. dna testing not just for serious criminals anymore. an apartment manager in new hampshire has purchased dna sampling kits to find out which dogs are leaving presents around the complex. debbie is fed up with tenants who don't scoop the poop and her neighbors agree. >> coming out in your dress shoes first thing in the morning step in a pile, that's no fun. >> indeed. that kit costs about $50. but saliva samples from the dogs and the piles of poop have to be sent in to a lab in order to figure out which dog is responsible. >> isn't that a little too much

work? i mean, why not set up some surveillance cameras or something? then you could see which pooch is -- >> which owner isn't picking up the poop. >> right, what dog is doing his duty on your lawn. 4:57. it's the most detailed account. bin laden raid yet. the colorful new story of the secret mission. and a clear remind their between in fire season. a fire breaks out in -- and a clear reminder that we are in fire season. a fire breaks out in concord last night. i'll have the story coming up. new clues in the bryan stow beating case. we'll show you the video and explain what it means to prosecutors. not only cruel but a federal offense. two of the bay area's beloved falcons found shot. the major reward to find their attacker. ,,,,,,,,,,,,

dangerously close to homes in the east bay. why firefighters were on high alert. a wind driven grassfire burning close to homes in the east bay. why firefighters on high alert. new cell phone video taken just before bryan stow was beaten at dodg