your realtime captioner is linda marie macdonald. a deadly police shooting in east san jose. what prompted an officer to fire his gun. sentencing day for barry bonds. will the home run king be sentenced to jail or house astress? >> good morning. it's friday, december 16. we have a new guy in here. [ laughter ] >> it is not frank. >> can this really be? >> i have excuses. i was working on a 49ers show last night up until almost 10:00 at night. a little visine and coffee. [ laughter ] does anybody watch at 4:30 in the morning? >> absolutely! everybody watches! >> my only critique maybe a little more sports. [ laughter ] >> great idea. >> lawrence is wearing a tie

this morning which has, uhm, -- >> don't cover that goodness up. >> yeah. >> i have mickey mouse on there ice skating. we have been doing these all week. >> i just like the snow part because we need a little bit of that. >> no kidding. >> you were just on skates. >> it didn't look so good. >> let's move on. >> if you are heading outside, we have a couple of patches of fog out there early on this morning inside the bay and valleys. chilly below freezing in santa rosa. 31. 50 degrees in napa. more on the forecast in a moment. let's check the roads with elizabeth. >> out to san jose, southbound 101 at blossom hill road accident blocking one lane. the car ran off the freeway so there is slower traffic in the area. chp is also on scene so expect slower speeds heading out of san jose. we're following a developing story. a deadly shooting by police in the south bay overnight. >> that's right. gil diaz is in east san jose where the investigation

continues this morning. good morning to you, gil. >> reporter: good morning. here at the corner of sea view and bermuda and details are sketchy but here's what we know so far. it happened last night around 11:30. they were trying to make contact with a man in the area. and for some reason, the man was allegedly exhibiting some threatening behavior which prompted one of the police officers to shoot at him. he was rushed to regional medical center, where he later died 45 minutes later so that's about 12:15 this morning. we just got to the scene here and it's very quiet and it's very dark, as well. i actually talked to one of the residents on the block. and he says that he did not hear any gunshots fired last night. he didn't see any police officers at the scene which is unusual because if there was a fatal officer-involved shooting there should be a scene at this

intersection but he says he was home all night and didn't hear anything. so we are trying to get in touch with the san jose police department and get the details so that -- so keep in touch here on cbs 5. >> we'll check back in. thank you. today's memorial service for the toddler shot in oakland is open to the public. 1-year-old hiram lawrence, jr., was struck in the head during a hail of gunfire november 28. he died last friday after being taken off life support. the service for him will start at 11 a.m. at the acts full gospel church on 66th avenue in oakland. today is sentencing day for barry bonds. in just a few hours, the slugger will find out if he is headed to prison or going home to his mansion in beverly hills. anne makovec is in san francisco with more on the judge's options. anne. >> reporter: good morning. he is convicted, of course, of one felony charge of obstruction of justice. that conviction came down in april. today is d-day.

it is decision day here at the federal courthouse. here are the choices that are in front of the judge right now, susan i will son. she can sentence him to two years' probation, confinement to his home in beverly hills or 15 to 21 months in prison all for giving evasive testimony during the federal grand jury case in 2003 probing steroids in sports. now, prosecutors are pushing for prison time saying bonds doesn't show any remorse for his crimes. the probation department is recommending two years' probation, community service and location monitoring, which generally means home confinements. if it's any clue, this particular judge has sentenced other athletes in similar cases to simple probation and home confinement. so a lot of experts say there is no way he is getting prison time but we'll see. barry bonds' sentencing is expected to start here at 11 a.m. >> she doesn't have to be

consistent just because she made those other two rulings and bonds of course was the face of of the balco scandal so there is a chance that she could decide that maybe she needs to make an example of bonds to show the rest of the sporting world you're not going to get away with it. >> reporter: you are absolutely right about that. he is such a high-profile figure that if you are trying to make an example, he's a good one to use for that. >> okay, anne makovec in san francisco, thank you. mike mcqueary assistant football coach at penn state university may testify today in the hearing of athletic director of tim curley and gary schultz. prosecutors say they did not respond properly nine years ago when mcqueary reported an alleged sexual attack on a boy in a university shower. mcqueary says the attacker was jerry sandusky a former coach. newt gingrich had the front- runner target on his back as

republican candidates gathered for the final presidential debate before the iowa caucuses. michele bachmann accused a former house speaker of being a washington lobbyist for accepting more than $1.5 million from troubled mortgage giant freddie mac. >> we can't have as our nominee for the republican party someone who continues to stand for freddie mac and fannie mae. they need to be shut down, not build up. >> i never lobbied under any circumstance. >> the other candidates tried to demonstrate what sets them above the rest of the pack. >> i understand by the way from my successes and failures what it's going to take to put americans back to work. >> i as the president wouldn't to run the world or police activities or their lifestyle or run the economy. >> polls show gingrich leads in iowa with mitt romney and ron paul within striking distance! iowa voters will caucus on january 3. the attacks continue, don't

they? today congress could approve a $1 trillion spending measure that would prevent a government shutdown. negotiators reached a deal late last night under pressure to act now or miss their vacation. lawmakers are still working on a plan to renew the payroll tax cut and unmoment benefits for another year -- unemployment benefits for another year but they are preparing a two-month extension just in case. it is the biggest ipo since google started selling stock. >> that's right. this is going to be a big one. online gaming company zynga goes public on the nasdaq this morning. the san francisco company sets its price at $10 per share. 100million shares are on the market for a total of $1 billion. they make money for small charges for virtual items in its games. >> you're hoping for snow , huh? >> i don't want to go up to lake tahoe and ski on rocks. >> yeah. >> or fake snow. i'm ready for the real deal. >> lawrence? >> the good news is they're making it up there. it's still cold but we have no

snow in sight. looks like another gorgeous day in the bay area. right now freezing in santa rosa. 31. 33 in napa. winds gusting to 26 miles per hour in fairfield and bringing up the temperatures there at 50 degrees at this hour. hymes holding on here looks like it is going to stick around, high pressure camping out for the foreseeable future so we'll see cold mornings in the early part but by the afternoon the sunshine is going to be out there everywhere you go. hazy sunshine and temperatures running up four to seven degrees warmer than yesterday up in the 50s and the 60s by the afternoon. the weekend looking good. you have some plans? a lot of sunshine coming our way, dry conditions through the weekend, a few more clouds toward the middle of the week but right now no rain in sight for the next seven days. that's a look at weather. let's check on traffic now with elizabeth. >> thank you, lawrence. we're following a couple of accidents both if the south bay. southbound 101 right around blossom hill a car ran off the road. they are still out there. emergency crews are block the

right lane. so watch out for some slower speeds. we can show you one of the live traffic sensors showing you 69 miles per hour in the northbound direction heading into san jose. but southbound it is getting slightly backed up just some slight delays there approaching the accident scene. of course it is still early so coming out of downtown san jose things still look good but if you are commuting northbound 101 approaching de la cruz on the off-ramp an accident there, slowing on the main lines of the freeway through san jose. outside here's live look at the bay bridge toll plaza. bridge check looks great. no major issues this morning. not seeing any roadwork out there, either, if you are crossing the upper deck towards the "s" curve. golden gate traffic light this morning, no lane change so things look good out of marin. that is traffic. back to you. 4:39. victoria's secret caught up in a scandal. the questions about where its lingerie is being made. we're no longer asking for your permission to tolerate or not tolerate anything. >> and the pressure on oakland's mayor heats up. what's driving jean quan to log

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forum in san francisco. quan was shouted down oakland mayor jean quan was hustled out the back door after a forum in san francisco. she was shouted down at the commonwealth club forum about the "occupy" movement. some people were removed as the crowd chanted recall quan as she tried to speak. comments against her apparently prompted her to disable her facebook page. >> mayor quan, you disabled your facebook page today. is that because of the negative responses? >> it's because we can only handle one. we're keeping one up. >> reporter: so the responses had nothing to did with that? >> you know, there were a lot of very racist and misogynist things in them. we can only really maintain one at a time. >> now there are two petitions being circulated to recall mayor quan. and a third is in the works. 4:42 now. some oakland city council members are determined to prevent future protests from shutting down the port of

oakland. millions of dollars in economic activity were wiped out on monday when "occupy" protestors dismost of disrupted the terminal. there were be laws regarding trespassing and instruction of traffic being considered for bills. a floating "occupy" protest known as "acquapy" as raft carrying a tent on lake merritt, activists taunted them as the raft was dismantled. the america's cup is sailing ahead. the san francisco planning commission has approved a report on the environmental impact of the yacht race. last night's 5-0 vote clears the way for construction on the waterfront. assuming the board supervisors approve it next month. organizers have just eight months before the race gets under way but opponents are concerned about traffic and they still may file an appeal. new this morning, california will share a half

billion dollars in federal grant money with eight other states to improve early childhood programs. the states were declared winners in a competition that's part of president obama's race to the top program. the goal of the competition was to get more children under age 5 ready for kindergarten. the new york times is calling it one of the greatest made-up holidays of modern times. thousands of shoppers are expected to take advantage of today because it is free shipping friday. more than 2,000 online stores are offering some type of free shipping. the idea is to get last-minute shoppers incentives to shop online and have the purchases delivered by christmas eve. last year online retailers made nearly $1 billion on free shipping day. a hate paying for shipping. >> they say free and people will come. time is what, quarter to 5:00 right now. i'm just waking up. a breakthrough aids drug made in the bay area.

>> and victoria's secret has an ugly side. where the famous lingerie is coming from. >> two or three bites and put his head in the ice machine. >> can you handle the heat? the fiery food that is so hot, it's sending people to the hospital. not much heat around the bay area. that's the problem. it is chilly in most spots again this morning. below freezing in parts of the north bay. what can we expect for today and the weekend? we'll talk about that coming up next.

welcome back, everybody. the time is is 4:47. the parent company of victoria's secret says it is launching a full investigation into claims that it buys supplies from farms that use child labor. a report by bloomberg describes the beatings of a 13-year-old girl who picks cotton at a farm in the west african country of [ non-english language ] victoria's secret says cotton that that country is used in a small portion of women's underwear. the first wave of debris

from japan's devastating tsunami has reached the west coast. >> this is surprising. a black bouy from japan the size of a 55-gallon drum was found along washington state's coastline. and it surprised experts. they weren't expecting debris this soon. >> that's about as good as the evidence gets for first arrivals. >> already? i thought it was supposed to be about a year. i thought it was going to be months before it even hit hawaii. >> at least 10 more bouys have been spotted in the area. they are light and travel much faster than most of the wreckage from the tsunami. a lot more debris is expected to wash ashore though all along the west coast within a year. and it's likely to take longer than officials hope to get a southern california freeway reopened. a gas tanker fire closed the 60 freeway in the montebello area on wednesday. caltrans hoped to open the freeway by tonight but work to demolish a damaged overpass has been halted because of phone lines on the bridge that's slowing them down. time for a check on the

weather just before 5:00. lawrence, what's going on? >> i don't know how you're feeling at this time of the day, all right? >> i this it takes about 45 minutes -- i think it takes about 45 minutes to wake up. i have never done a newscast where a co-anchor brought me a cup of coffee. good family feeling here in the morning. [ laughter ] >> it is, you're right. cold start to the day in most of the bay area. we have patchy fog outside so from you stepping out, it's chilly in spots. 30s well down below 30s in many of the valleys, some places below freezing right now. some patchy fog there as well and toward the afternoon we'll see more sunshine on the way today. then temperatures beginning to warm up. it looks like a good 4 to 7 degrees warmer than yesterday so planning on 50s and 60s, sunshine and looks like some mild temperatures into the afternoon. high pressure again taking over just can't break down this ridge here keeps bouncing back holding all the storm systems at bay keeping it well dry in the bay area for the foreseeable future now. looks like we'll see the cold

mornings and plenty of sunshine in the afternoon, that will continue right into the weekend so looks like a spectacular weekend if you have plans for the outside. it's going to be great. the futurecast showing you skies clearing out very nice today so that patchy fog going to dissipate in a hurry. lots of sunshine by the afternoon then late tonight trying to bring fog back in toward the central valley so watch out for that if you plan to travel in that direction in the late night and early- morning hours. otherwise temperatures in the 50s and the low 60s into the south bay. east bay temperatures going to be nice by the afternoon. hazy sunshine, 60 in san ramon, 61 in pleasanton and about 58 degrees in brentwood. east bay temperatures going to be similar to what you will see in the central bay and the north bay. 50s and a lot of 60s, maybe one of the warmer spots about 62 degrees in santa rosa. over the next couple of days we have plenty of sunshine through saturday. an offshore wind kicking in again so skies stay clear. it will be chilly to start in the early-morning hours. lots of sunshine toward the afternoon. maybe a few more clouds coming

our way at the end of the forecast period but other than that no rain in sight. i want to mention, this a very big day. this billy poone our weather producer's birthday today december 16. happy birthday, billy. >> you thought we forgot. >> i did. >> i didn't. >> i forgot. >> yeah. >> i can't believe you forgot. >> i forgot. i didn't say a thing though so happy holidays. >> i call billy poone the hesitation sensation because of his golf swing. he makes charles barkley look good. >> very strange. >> you should have him come do it life. >> i have seen charles barkley play golf. [overlapping speakers] let's check in with elizabeth. >> let it be known lawrence, who reminded you it was billy's birthday? >> did you. >> billy, if you are listening... [ laughter ] outside, it is quiet start to our morning commute. we are doing well. we are hoping for "friday light" traffic all across the bay area. here's a live look at the san mateo bridge.

the right side of your screen westbound 92, drive time looks good about 13 minutes so yeah, we're cruising across the bay area on the bridges. not a lot of roadwork. some may show you down for another 10 minutes or so. if you are coming up northbound 880 at high street, high street off-ramp blocked until 5:00. this is a live look. you can see the coliseum in the distance. overall main lines of the freeway no impact, 15 minutes between 238 and the maze may see. our problem in the south bay southbound 101 at blossom hill road a car off the road in that area and they are using tow crews to get the car out of the ditch. we're not sure about injuries. we are seeing a few slow sensors in the area so it may be sluggish in the southbound lanes of 101 out of san jose. northbound 101 looks good. towards the bay bridge, all the

approaches are quiet. 19 minutes down the eastshore freeway. 19 minutes from the carquinez bridge to the maze. roadwork on the lower deck of the bay bridge deck towards oakland. so eastbound 80. that will wrap up shortly. mass transit if you want to kickback a little bit on this friday, so far everything is on time for bart, ace, muni and caltrain and your ferries. 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. that's traffic. back to you. >> we like kicking back. thank you. a bay area company is trying to become the first in the world to sell a drug to prevent hiv infections. gilead sciences from foster city makes the drug tremendous vade da the most predescribed treatment for hiv in the u.s. now gilead is asking the fda to allow it to sell truvada to reduce the risks of hiv in uninfected adults. teenagers are steering clear of sugary drinks with

high calories. they are less likely to buy the sugar drinks if the calories are posted next to them. the researchers posted different signs in a convenience store. one sign said shoppers would have to jog for 50 minutes to burn off the calories from that drink. 50% of teens chose water or diet sodas when shown that information. >> i do the same thing. >> 50 minutes is not worth a sugary drink. >> i agree. massachusetts is never hot in december except at a cambridge restaurant on hell week each year. >> the east coast grill which had a limited time only meal is known as the pasta plate from hell. the not so secret ingredient is the infamous naga pepper. >> all the people who like spicy and hot food consider themselves to be gunslingers a little bit so they come looking for trouble. >> all right. of the eatery has orange popsicles on hand to serve as

fire extinguishers. i guess for your mouth. anyone who orders the dish has to sign a waiver. one man passed out on tuesday night. he actually needed medical assistance! >> have you ever put naga pepper -- do you use it? >> i wouldn't even touch it! you probably have to wear gloves just to cut it up. >> no thanks at all. the raiders game in oakland is sunday. sold out against detroit. >> that's the 7th time this year. that means for the 7th time the raiders will be on television. lawrence is a big fan, now. >> i know. huge fan. >> the team is 7 sellouts in selling out the coliseum this year and that's for franchise breaking new ground. the raiders have been plagued by tv blackouts since they returned to oakland in 1995. but they better win this game if they want to keep selling out. a sweet christmas bonus may be on the way to one lottery player in california. >> mega millions tonight $135 million. that's because no one had a winning ticket for tuesday night's drawing. the odds of a ticket that

matches all 6 numbers, one in 175 million. going to be touch. the store that sells the winning ticket gets a $675,000 bonus. a real-life batmobile for sale right here in the bay area. what will it cost you to get "the dark knight"'s ride? >> on the attack how the gop candidates tried to set themselves apart from the pack in iowa. a man is shot and killed by san jose police overnight. we'll tell you what police say happened right here coming up. behind bars or back to beverly hills? we're going to find out where barry bonds is headed next today coming up live from the federal courthouse. the story is coming up next.

your realtime captioner is linda marie macdonald. a deadly police shooting under investigation in san jose. what prompted an officer to open fire. in just a few hours, barry bonds learns his fate, whether he could be headed for prison. another frosty start to the day in the bay area. we'll talk about your weekend forecast coming up.

so far, so good for silicon valley commuters. we are still following an accident on 101 coming out of san jose. details coming up. good morning. it's friday, december 16. i'm grace lee. >> i'm dennis o'donnell. >> all right. we are following some developing news out of the south bay this morning. san jose police are investigating an overnight officer-involved shooting. >> gil diaz is in san jose with details of the confrontation. gil. >> reporter: good morning, dennis. yeah, details are scant this morning. we made some phone calls to the police department, public information officer hasn't returned our calls yet but here's what we know so far. we are at the corner of bermuda and seaview and it happened around 11:30 last night. according to police, they are trying to make contact with a man in the area, we don't know if he was inside a house or out on the street. but all we know is that they were trying to contact him and he was exhibiting some threatening behavior that prompted at least one of the police officers to shoot him. now, he