your realtime captioner is linda marie macdonald. the body count rises in san jose. a fifth murder in just two weeks. how police are taking action this morning. >> occupy rallies turn ugly. now protestors call for protection. the one freedom some refuse to recognize. good morning, everybody. it's tuesday, hooray! october 18th. i'm frank mallicoat. >> one day down. and i'm elizabeth wenger in for grace lee. time now is 4:30. you know, we put him on the night show for a little while but they put him on waivers and brought him back to the morning show. ladies and gentlemen, lawrence karnow! [ applause ] >> don't look at the bloodshot eyes this morning. dense fog at the coastline,

some changes in the works for today. you know, yesterday just a spectacular afternoon. not a bad day but it will be cooler. 81 degrees in antioch, about 72 in oakland. 80 degrees in santa rosa and 79 in san jose. we'll have the rest of the forecast coming up. gianna has the traffic report. >> live look at the golden gate bridge. it's foggy there. not a lot of cars on the roads. more details coming up. we begin with a teenager, the latest murder victim in san jose. the shooting near cambrian park is the fifth murder in less than two weeks. >> and stephanie chuang is in san jose this morning with how police are responding to this ration of violence. >> reporter: good morning. a lot going on in san jose. the latest homicide on the 1700 block of ross circle where an 18-year-old man was shot and kill. crime scene cleaners left a minute ago with the police car cleaning up the sidewalk behind

me where it happened. the report of the shooting came in just before 9:00 last night here. police found the 18-year-old victim with at least one gushed wound. he died at santa clara medical center around midnight. this morning again just 20 minutes ago is when the crime scene cleaner showed up, washed the blood off the sidewalk and removed medical gloves and gauze that was used to treat the victim. this is the latest of a string of homicides here in san jose. the last one was sunday before noon at an apartment complex on the 400 block of worcester avenue. a suspicious man appeared armed. an officer shot and killed the man. that was the sixth officer- involved shooting this years the third fatal one. that doesn't count as a homicide. it's an officer-involved shooting but it was the third fatal one this year. this monday night's homicide

was the 38th this year in san jose, almost double the 2010 total of homicides. last year the count was 20 homicides. this morning at 11:00, sjpd will be holding a press conference to address this recent spike of i guess crime, deadly crime in the city as well as the officer-involved shooting. so we'll learn more then. back to you. >> thank you, stephanie, live in san jose. csi technicians are scrambling to find evidence connected to the gunman who killed a man at a san jose funeral. they have been searching oak hill memorial park while hells angels officials steve tausan was shot satisfied. the suspect is steve joseph ruiz. police haven't confirmed the identity but say he may have been killed shortly after saturday's shooting and may have been smuggled out of oak hill despite heavy police presence. investigators say potential witnesses have not been

cooperating. >> they are completely uncooperative with law enforcement or may be fearful of retallation. >> tune san was killed at the funeral of his friend jeff pettigrew. "occupy sf" protestors are planning a move to city hall this afternoon. the demonstrators want to get a message to mayor ed lee and the board of supervisors they don't want police to break up their activities. they spent the night at justin herman plaza with their gear. >> it includes having the equipment to protect from the elements as well as organize our place so we can exercise our first amendment rights. >> the san francisco police chief has told city leaders he is concerned that violent anarchists have joined in on

that protest. the "occupy" protestors in oakland have taken over frank ogawa plaza. the protestors manhandled news crews. robert lyles was asking about constitutional rights. you have the constitutional right to assembly and protest. we have the constitutional right of the freedom of the press. so are you picking and choosing which constitutional rights to uphold? >> that's a great question. i appreciate being asked and to be honest, uhm, right now, in this moment, that was the safest decision that we felt that we could make. one protestor's dog went after a local reporter. he was not hurt but it was a close call. and oakland protestors got a special pep talk. the three cal graduates recently freed from an iranian prison spoke to the crowd. this is the first time josh

fattal and shane bauer have been in the bay area since their release. >> coming home to this, i mean, we came back to this country couple of weeks ago but this feels like coming home to, coming home to oakland, coming home to this is amazing. >> the hikers told the protestors they stand behind the "occupy" movement. an israeli soldier back home with his family in israel right now after five years of captivity in the gaza strip. hamas released gilad shalit just hours ago. it is the first step of a negotiated prisoner swap that includes the release of more than 1,000 palestinian prisoners from israeli jails. now, israel has released the first group of palestinian prisoners. the swap has caused some controversy in israel since many of the released prisoners had been convicted of planning and carrying out terror activities. secretary of state hillary clinton is making a surprise

visit to libya. the obama administration is pledging millions of dollars in new aid to that war-torn country. the money will go toward medical care for wounded fighters and keeping weapons out of the hands of terrorists there. today senator barbara boxer will lead a hearing on the improving safety. the main question before the committee, commerce committee, how to prevent a repeat of last year's explosion and fire in san bruno. senator dianne feinstein will be the first witness followed by federal regulators. and a top executive from pg&e will testify. this comes hours after a pipeline safety bill cleared the senate. it would require installation of an automatic shutoff valve on new lines and authorize more inspectors. day 2 of president obama's bus tour to drum up support for his measures to increase jobs, down in the south. >> hanging out in north carolina. stops today including jamestown, north carolina and i am poor yeah, virginia.

he challenged republican lawmakers to reconsider his proposals. his american jobs act died in the senate last week but this week senate majority leader harry reid will resubmit individual portions of the president's plan. seven of the republicans who hope to replace the president will debate this evening in las vegas. nevada is considered a key battle state but has upset some republicans by moving its caucuses to january 14 just four days after the new hampshire primary. as a result, jon huntsman is boycotting this evening's debating. he and four other candidates are also threatening to boycott the nevada caucuses unless the state delays them. and the latest rasmussen survey shows herman cain is the only republican who would beat president obama if the general election was held today. that poll gives the former pizza executive a 43-41% edge. it shows the president beating the other gop front-runner mitt romney by 2%. >> he has come out of nowhere just out of the blue.

>> i know. how about some traffic and weather. we have lawrence back on the morning show. it's hot. it was hot last night. >> it was. temperatures coming down. temperatures cooling off, fog along the coastline, the wind has switched directions more of an onshore breeze to help cool down the temperatures. fog noun gathering at the coastline. thick at the surface. fog a concern in the bay area. 61 in san jose. clear skies in concord at 58 degrees. and 57 in livermore. i think this afternoon, it will be pretty nice but not as warm as yesterday. you will still see some low 80s well inland. about 82 degrees in livermore. 80 in concord. 79 should be sunny in san jose. as you make your way toward the coastline, temperatures will be noticeably cooler with the onshore breeze and patchy fog. so as we look out over the next couple of days, the

temperatures will cool off and then looks like we'll warm up as we head in toward friday and this next weekend. in fact, this next weekend we may see another offshore wind with nice toasty temperatures even at the beaches. that's a look at weather. let's check traffic with gianna. >> thank you. some changes go into effect today at the san bruno caltrain station. the regular station is closed but there is a new temporary station next to the main one just to the south of it. now, the temporary station is to make way for a great separation project to improve safety and reduce congestion in the area. the work will take a year. elsewhere roadwork out there eastbound 4 at loveridge. looks like lanes are still blocked. that should be wrapped up by 5 a.m. westbound no problem through antioch. northbound 280 ramp to southbound 87 shut down until 5:30. so plan for that. we'll have a look at the rest of the south bay coming up. right now, back to you guys >> thank you. make be the rich pay. a new push to get a

millionaires tax on the ballot. >> how a 10-foot-long ramp ended up costing almost as much as a house. >> it's a tragedy many say didn't have to happen, how a phenomenon known as dirty air may have caused a deadly racing wreck in las vegas. really big news. it's b-i-g -- big. high speed internet from at&t at home... ...includes wi-fi access on the go. woo-hoo! [ together ] it's an unbelievable deal. well, gotta go. but wait -- there's more... [ female announcer ] go to the website below today and get high speed internet for the unbelievably low price of just 14.95 a month for 12 months with a one-year price guarantee. it's all the speed you need at a great price. you can chill online at a park. here, pidgie, pidgie. [ pigeon coos ] and surf the web at your favorite bookstore. our internet at home includes access to the entire national at&t wi-fi hot spot network on the go. [ female announcer ] go to the website below

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horrifying scene during thes shooting at an orange county hair salon last more 911 tapes revealing the horrifying scene during the mass shooting at an orange county hair salon just last week. [ indiscernible ] the d-a is seeking the death >> the suspect was arrested nearby. he is in jail facing 8 murder counties. the d.a. is seek the death penalty. a north san jose daycare center will be back open today after a bomb scare. the teenager found a backpack filled with a pipe bomb, live

ammo and several spent shell casings on sierra road yesterday evening. he called 911 and the bomb squad showed up. parents were allowed to pick up their children just before 7:00. san francisco supervisors will honor a hero today. 50-year-old pierre [ indiscernible ] went into a burning building on haight street last month and warned several people to get out. he and a painter are being praised for their work to make sure everyone got out safely. no one was injured in the four- alarm fire that's still under investigation. a new handicap ramp at san francisco city hall has cost a staggering $567,000. the 10-foot-long platform itself only cost $16,000 but extra costs such as replacing extinct wood, preserving the historical integrity of the room and upgrading the chamber's video system sent it through the roof. critics say the money could have been used on other

handicapped projects. stock futures slipping over worried over europe's debt crisis. overseas markets followed that lead. japan's nikkei lost more than 1.5% today after hitting a six- week high on monday. germany's financial minister is warning against hopes for a quick fix to europe's debt problem. the dow fell 247 points yesterday after the best week in two years. mcdonald's is trying something new and this time, it's not a menu item. >> no of the fast food chain is launching a tv channel. the "l.a. times" reports 800 restaurants in central and southern california will have the access. the mc tv will feature local sports and other stories in hi- def. those who don't want to see it will be able to eat in quiet zones. >> wonder if they're hiring. sounds cool. >> install a little tv.

>> if i'm not here next week, i may be working for mctv. >> you never know. time now 4:46. holy smokes! the record number of americans who now want to legalize pot. >> the post-game spat seen round the world. the promise from the coach after a handshake that never happened. >> a drunk dad busted, his solution to getting around town. >> fog making its way in along the coastline right now. big changes in the weather coming our way. we'll have details coming up. ,, sure, pulling the mold, mildew, and grime from out of the porous caverns of grout takes the right tools, but it also takes a gentle, caring touch. before you can deep clean, you learn to get a feel

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ahead of time. drivers in the las vegas 300 on sunday were worried about safety ahead of time. just 11 laps into the race with cars packed four deep, one car bumped another and triggering a 15-car crash. driver dan wheldon was killed when his car crashed into a fence. promoters promised excitement but many inside motor racing

question whether more concern -- whether there should have been more concern for -- there was more concern for spectacle rather than safety, rather. >> i think we all felt like there was a chance for there to be some crashes in the race because we were running close, it was fast. there were a lot of cars, you know, the way the track was, we were -- we knew we were going to be in a big pack. >> there were 34 cars, 10 more than often seen in this kind of indycar race. it was a short overrule track built for slower nascar races. the factor increases the risk of dirty air, turbulence stirred up by lead cars creating waves of violent air currents for cars behind. oakland raiders fans got one final chance to say good- bye to team owner al davis yesterday after a private family ceremony, the public paid its respects to davis at the chapel of the chimes. he was entombed with three

super bowl trophies on the vault. the national football league won't fine the hopes of 49ers and the detroit lions after their post-game skirmish over the handshake that wasn't quite there. jim harbaugh gave jim schwartz an aggressive handshake and slap on the back. swartz didn't take kindly to that. harbaugh says he won't publicly apologize for his part in the incident preferring to speak privately with mr mr.swartz. >> that was a big game. >> boys will be boys. >> sometimes it happens. folks, we do have some fog at the coast. a sign of things changing outside as it looks like more of an onshore breeze will cool the temperatures down outside. still, mostly clear inside the bay. and clear skies well ends but that dense fog at the coastline you will want to watch out for

that. sunshine this afternoon and nice but just not quite as warm. 70s inside the bay, low 80s inland and at the coast mix of sun and clouds, temperatures manically into the 60s. -- temperatures mainly into the 60s. temperatures coming down further in the middle of the week but this weekend things warm right back up. patchy fog at the coast surging onshore throughout the evening hours and overnight tonight. looks like more fog and low clouds on the way so we'll continue to drop the temperatures over the next couple of days. more fog and low clouds and a slower burnoff bringing the temperatures down. not bad around the bay area. 81 and sunny in morgan hill. 75 san mateo. patchy fog in pacifica at 64 degrees. east bay numbers into the 70s

and 80s. 82 brentwood today, 82 fairfield. 80 in the napa valley. a sea breeze keeping the temperatures down in san francisco. sausalito about 68. 72 degrees and sunshine in oakland in the afternoon. and about 80 degrees in santa rosa. looking out over the next couple of days, we'll continue to cool down the temperatures as high pressure starts to weaken somewhat but here's the good news as we look toward this next weekend. the ridge begins to buildin. we may see the offshore wind kicking in again this weekend which means we'll have beautiful toasty fall temperatures right to the coastline. >> is that unusual across the board in okay? >> no, this is that kind of beautiful weather in okay. good news, no fire danger yet. >> as good as fall in new

england. >> my wife is like, is it always like this? i forget. >> how about traffic now? >> we'll start with roadwork through the south bay. if you are working your way in both directions of 280, north- and southbound, that ramp to southbound 87 is still blocked. hopefully they will have it wrapped up between 5 and 5:30 but again not a lot of delays on the freeway. a few on the southbound side of 101 but not bad. live look at conditions on 280 traffic moving nicely this tuesday morning. elsewhere, if you are headed out and about along 880/237 connector in the south bay, you can see traffic looks good as well in both directions. 880 seeing actually delays there. they may be running a traffic break. i'll check in with them. you can see all these brake lights northbound 880. that just popped your opinion. we'll have to look into that. that just popped up.

traffic backed up there. elsewhere bay bridge metering lights off approaching the pay gates looking good. elsewhere across the bay bridge toll plaza, there is road construction. we'll get to that in a second. here's a live look at the golden gate bridge. i want to show you the fog through this portion. limited visibility. 11 minutes south 101 from 580 to the golden gate bridge toll plaza. bay bridge, eastbound lower deck from 7 a.m. to 2 p.m., various lanes blocked in effect until 2:00. shouldn't cause too much of a problem unless it extends into the afternoon commute but right now things looking good towards the oakland area. a live look at the san mateo bridge. both directions problem-free. 14 minutes between 880 and 101. remember kcbs once you do hit the roads. they're our radio partners. and you can find them at 740-am and 106.9-fm. back to you. >> thank you. a california group is moving ahead with a plan to put a so-called millionaires tax on the 2012 ballot. it's being pushed by the

california federation of teachers and according to the "mercury news" it is getting a boost from the recent "occupy" movement. the tax would apply to people who earn $1 million or more. a decision hasn't been made on the percentage but the funds would go directly to services like schools, healthcare, social services and parks rather than into the general fund budget. a record-breaking 50% of americans say it's okay to smoke american recreationally. in the mid-90s to think it was okay was 25%. but a new poll says they are in favor of legalization. [ pause ] >> this story makes her laugh. a michigan man in hot water accused of letting his 9-year- old daughter drive his car because he was drunk. >> well, here's the portion of the 911 call from a gas station

attendant. listen to this. >> the dad is drunk and he's in the passenger seat. >> is the vehicle staying on the road? >> she's driving pretty good. [ laughter ] >> i'm telling ya, i can't believe it. >> here you go. here's the surveillance video of them pulling into the gas station showing the girl's driving skills. the dad 39 years old faces felony child abuse. the cop said, why are you pulling me over, i'm driving pretty well, aren't i? dad's in a heap of trouble. >> awful. two kayakers had an encounter with a blue whale off redondo beach in southern california. rick and susan coleman saw the 50-foot whale come close to the boat. rick had a camera mounted on his head and he had amazing picture. he dove into the water and had the whale swim right in front of him. >> this is his mouth right

here. he is feeding on the krill near the surface so his mouth is over. he came full steam to the surface. there's his eye right there. now, watch this wave come up and wash right over my kayak. >> cool. i have been on a whale watching adventure but we didn't get that close. >> i don't think i'd dive in and say hi. >> he said that the waves that the whale generated nearly caused his kayak to capsize. he says he and his wife were lucky and doesn't recommend that other people get that close. >> probably not. >> not a good idea. 4:57 now. preventing another san bruno explosion. the key hearing in the nation's capital today. >> and digging in a graveyard now for clues. the newest twist in a murder at a hells angels funeral. what police now think happened to the shooter. san jose police are investigating the 38th homicide this year in the city. all the details coming up. i'm kristy seifkin live in justin herman plaza where the "occupy sf" protestors plan to take their message in front of city hall. the details on their planned activities and how they hope to

work with police coming up. you. i will present your world, at a glance. i will remain untangled and uncomplicated. and let nothing or no one go unnoticed. all from one. all for you. i am the new rhyme by htc. only from verizon.

your realtime captioner is linda marie macdonald.