ce say the driver ha a man struck and killed in a cross walk in oakland. why police say the driver had a chance to help the victim. the first votes have been cast in the new hampshire primary. the tie for first place and who is planning to hold a victory party tonight. good morning everyone. it is tuesday, january 10. i'm frank mallicoat. >> i'm grace lee. it is 4:30. at least it is not monday. that's all i got to say. >> tuesdays are my toughest. i don't know why. >> you're just being combative. >> but i feel very good today. i feel very good about today. things are getting interesting in weather. >> mixing things up? >> boring in traffic. not much going on. that can be a good thing.

>> let's start with traffic. pretty quiet. a little bit of road work on the lower deck of the bay bridge and the dumbarton bridge. and a full traffic report in a few minutes. in the meantime, mitching things up. >> we are. look at this, guys. this is about as exciting as it has been in a long time. maybe some rain? we will talk more about that coming up. >> is that why we have the party hats? >> yes. >> because this is the best we've seen in quite some time. >> the last time to pull those out for a while. >> thanks, lawrence. 4:31. the first votes have been counted in the first presidential primary of 2012. >> they have. susan mcginnis is live in new hampshire where most polling places have been open now for an hour and a half. good mornings susan. >> reporter: good morning, frank and grace. this polling place has been open since 6:00 a.m. and four or five dozen people have come in and out. and the people running this polling place say they are expecting about 1600 people,

44% of the total folks that are assigned to this ward. so turn swrowt is -- turnout is a little bit lighter than expected. new hampshire voters headed to the polls early this morning, to cast ballots in the nation's first primary. >> the polls are open. >> reporter: overnight the tiny town of dicksville notch kicked off the contest putting favored mitt romney and john huntsman in first place with two votes each. huntsman already seemed like he was in celebration mode at a packed rally last night. >> ladies and gentlemen, can you feel a little bit of momentum in the air? [ cheering ] >> reporter: but romney wants to be the one holding the victory party tonight. >> let's take it to the next state after new hampshire. giving me the boost i need i hope. >> reporter: the former massachusetts governor is still dealing with the fallout of the comment he made on monday. >> i like to fire people who provide services to me. >> and he was talking about people changing their health insurance. >> and the candidate will be at several polling places to

squeeze in last-minute campaigning but some have already conceded the top spot. >> you cannot compete with romney if are you totally positive and he is running $3.5 million worth of attack ads. >> and rick santorum is hoping to gain enough momentum to propel him to south carolina. >> last night, a crowd of angry protesters shouted at him as he left an event. ron paul ran into his own mob on monday. he could barely make it through a crush of cameras as he tried to greet voters. now, romney's rivals are the ones that are planning to visit some different polls places throughout the day. and romney himself, frank and grace, has no public events planned here today. >> we will be watching the susan mcginnis, thank you. >> john huntsman could hit a road block in arizona. where he likely will not be on the ballot there. that's according to arizona secretary of state's office. huntsman's campaign filed the necessary paperwork before

yesterday's deadline. but it was missing a notarized signature from the candidate himself who of course has been busy in new hampshire. the come pain plans to challenge the ruling and the arizona primary is scheduled for february 28. be sure to keep it right here at cbs 5 for live reports on campaign 2012. throughout the morning. as always, you can get the very latest updates on our web site, cbs-sf.com. 4:34 now. now on to a developing story. the search for a killer in the east bay. gil diaz is in oakland where police are trying to find a hit- and-run driver. good morning, gil. >> reporter: grace, good morning. well, friends of the victim tell us that his name was benjamin green. that he was in his late 50s to early 60s. and they say that benjamin was crossing east on bancroft right over here as he was hit. last night, around 11:15. now, since then, there has been a growing memorial right here. near that very same spot. now, police say the driver of a

dark-colored gmc or chevy type of van hit him. the driver who is also a man has been pulled over at the nearby gas station and walked to the spot where benjamin was laying. he saw benjamin's condition, walked back to his van, and then took off. and benjamin was rushed to highland hospital where he was pronounced dead. so now investigators want that driver to come forward. >> please turn yourself in. there are some things we can talk about. we like to get your side of the story. and do that as soon as you can. it will make things easier on everybody. >> reporter: the driver is described to be between late 30s, early 40s. and you're taking a live look again at the growing memorial here at the corner of bancroft and 73rd and a lot of friends are distraught. of course if any more witnesses have any more information for police, please call them. back to you grace. >> hopefully they will come forward. thank you, gil. in the meantime, an east

bay burglary suspect is back in jail. after seven hours of freedom. police returned 57-year-old jose franko to the sant rita jail. he was found riding a bicycle in dublin last night. and franko was being returned to the jail from a court appearance yesterday. when he was able to slip away somehow. and it they're still trying to figure out exactly how it happened. it is 4:36. a little bit of rain perhaps on its way. but first a little bit of traffic. let's kick it over to elizabeth. >> what there is of it. i will show you some live traffic cameras. how is that? >> a live look at the golden gate bridge. you can see how light it is out there. and not much on the roadways right now. and quiet stuff through ma rib county, headed through san francisco. and the south bay, it looks like it is clocking in problem- free as well. a couple of headlights coming in through downtown san jose on 280 and so far looks good there, and road work, just the usual place where we see it on northbound and southbound 680, danville, various on and off

ramps through 6:00 this morning and back outside, a live look at the time saver traffic camera, 880, by the coliseum, traffic headed toward hayward, toward oakland airport. a 15 minute drive time in either direction. between 238 and the macarthur maze. i mentioned a little bit of road work on the lower deck of the bay bridge. it is still there blocking a couple of lanes in the can't can't lever section. and no road works and delays heading no san francisco. and mass transit is on time. that is traffic. i saw lawrence, warming up his pitching arm, ready for the rain to come. >> ready to bring the heat today, elizabeth. >> we will see some clouds outside today. but you know what? we have probably our best chance to see a couple of raindrops in the bay area in quite some time. unfortunately, there's not going to be much. look at this. as it is making its way to the coastline of the core of the low spinning off the coast and it it will shear apart. as it does, most of energy will

pull away from the bay area. so we will left with a few clouds and maybe a couple of sprinkles. out to the coastline. and that's about it. the temperatures right now, still chilly in spots, below freezing in napa at 31 degrees. 31 in fairfield. and 32 and freezing in santa rosa. 39 degrees in san jose. by this afternoon, the temperatures will be noticeably cool. we will have a few clouds outside. maybe again a couple of sprinkles out toward the coastline. other than that, it should stay dry. 62 degrees in livermore. 60 in vallejo. and about 57 degrees in pacifica. so after this weak system moves through, here comes the sunshine again, we start to warm temperatures up above normal headed to wednesday and thursday, staying dry, into the weekend and a few more clouds coming our way. but after today, it looks like we dry out for some time to come. maybe the next couple of weeks. once again. that's the latest forecast, guys. back to you. >> what is this we hear someone warming up in the weather bullpen? >> that's right. >> they need somebody to get the rain in here, i guess. >> i think he is still first string. a big step forward for the

extending of bart to the santa clara valley. the u.s. department of transportation plans to recommend to congress that more than $900 million of federal aid be set aside for bart over the next decade. and that's the entire amount that local transportation officials have been seeking. a bart line from fremont to millipitas. it could be open by the year 2016. 4:39 now. a series of robberies in the north bay. how thieves are using craigslist and a stranger's address to prey on victims. a brush fire burning in southern california. the explosion and blackout for people in that area. and thousands of new gadgets being unveiled today. the hottest products at this year's consumer electronics show.

back now at 4:41. a california lawmaker is apologizing for shoplifting. assembly woman mary hiashi pleaded no contest to walking out of a san francisco neiman marcus store back in october with clothing that wasn't paid

for. she blames a number of personal factors, including a benign brain tumor. she is being treated for now. she called the incident, quote, a painful experience. and she says she is taking full responsibility for her actions. and at least three people have been robbed in vallejo after responding to ads on the craigslist web site. here is how police say that the scheme works. the thieves list the car for sale on craigslist. and then tell the potential buyer to come to a private home. and to bring cash. the would-be customer is then roughed up and robbed. but the people who live at the home have no idea that it is being used as a set-up for a robbery. >> when i came out of my bathrobe, this elderly gentleman was lying right there. >> the most recent robbery was friday evening. the other two were am july of 2012. all of them happened on neptunes court. some other bay area headlines on this tuesday. we now know at least 55 fires have been set since saturday by

a serial arsonist in novato. all of the fires have been located in open spaces, near neighborhoods. so far, a fence, a pg&e pole were damaged, but no homes or other structures have been burned. dog walkers in san francisco could face strifter rules. the board of supervisors will vote on a pleasure today to limit the number of dogs that a person can walk. the limit would be eight dogs at a time. plus the dog walker would need to complete some training to get a permit. especially with those eight dogs. they might be going through security about now. a group from san jose state university, there they are. they are flying to cuba today, a trip by the school of journalism and mass communications there. 32 students, faculty and guest professor, all on a 12-day trip of cuba. they will come home with interviews and videos, to produce stories about cuba. >> what an awesome field trip. all right, well, apple has its eye on target. the cupertino-based company wants to expand the presence inside 25 target stores. the store within a store which

showcased more products. apple does sell some products inside target, though it is limited to items like the i- pod, and i-pad and i-phone. the first group of locations has been picked but they have not released where they are. thousands of the world's newest electronic gadgets will be unveiled today in las vegas and very exciting. >> this is a cool show. it is the start of the annual consumer electronics show. more than 2700 companies from 130 countries, all premiering their newest device, their gadgets and what not. thed were is to generate a little buzz. and some excitement, before the products even hit the market. and the companies can get a little feedback on what improvements need to be made as well. >> it seems that we're really seeing here, the television becoming the center of the home media hub. you don't need a laptop or home video game console. you can do everything from a tv. >> super slim laptops are among the devices on the display and in are about 20,000 gadgets in the show and it is equivalent to about 35 football fields.

>> it is really neat to see all of those things. 3d tvs. coming out. the new screens and tablets. >> your mind would go hay fire. 35 football fields of goodies. >> overwhelming, that's for sure. 4:45. stranded in the snow. where do you have to go for that? how about alaska? trapped by mother nature. pictures coming up. and dirty politics. the water fight caught on tape during a very heated debate. not heated for long. and two mayors locking horns. the friendly wager as the niners host the new orleans saints over the weekend. and patchy fog over the bay. and temperatures on the chilly side. a few high clouds. some of the temperatures below average and down to freezing in some spots. more coming up in just a moment.

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poor guys. and bring some of that stuff down to the sear ra. somebody heard what sounded like a transformer exploding. then the lights just went poof. went out. right before a brush fire started last night in rancho palace verdes in last county. a nice suburb down there. two helicopters helped get the fire 90% contained. within a couple of hours. no injuries. no homes had been burned. the cause is still under investigation. it is 4:48 now. and today, there is a hearing in washington, prompted by the air show accident in reno that happened last september. and a pilot and 10 spectators died when the plane crashed into the stands. this is a national championship air races. and today, the ntsb is expected to discuss how to ensure performance airplanes are safe. and another goal is to provide a better understanding of the regulations and the protocols at air shows. a doctor and his daughter are safe on solid ground after their small plane crashed off the bahamas.

richard and elaine mclaughlin were on their way to haiti on saturday to help with a cholera outbreak. shortly after takeoff the plane lost oil pressure and the engine stalled. richard piloting the plane, guided it for several miles before deploying a parachute to soften the crash landing. >> things were a little shaky for a while. not entirely certain about what to do next. >> they waited in a life raft until a u.s. coast guard rescue helicopter arrived to help them out. they're from birmingham, alabama. >> you're homies. >> that's right. there is a heated argument. you got to see this. in israel's parliament. it turned into a water fight. >> it happened during a debate in the education committee of the knesset. and two members lived on live television. a woman told a male colleague to shut up and he responded key say whatever he wanted and she threw a glass of water on him before marching oust the committee. >> that had to be kind of

freeing. [ laughter ] >> something you always want to do but never get to see. >> that's right. >> get out of here. >> fight on the set. >> he was kind of a big dude, too. >> he was not afraid. >> no -- she was not afraid. >> a tough cookie. >> and a live look at road conditions out there. and not much going on. kind of a different day than yesterday. so many incidents on the chp reports yesterday. today, very, very quiet. and later on tonight, there is a warriors game and warriors take on miami and watch out for extra traffic. it is a pretty big game tonight so you could see some extra cars there on the roadway. up and down 880. near the coliseum. and in fact, here is a live look right now, where everything is pretty quiet. 15 minutes between 238, and the maze. and time saver traffic showing us a live look at the bay bridge toll plaza. and no metering lights of course, and not likely for another hour. and 30 minutes or so. 6:20. they turn them on. so pretty quiet this morning on the upper deck and lower deck, there is still some road work.

various lanes blocked. the roads are all in the green this morning. doing pretty good across the east bay. these are the usual and most popular travel times around this time of the morning. so you can see about an 18 minute drive time from the carquinez bridge to the maze. and coming out of the altamont pass, delay free and westbound 24 nice and quiet. and westbound 92, crossing the san mateo bridge this morning, commute direction and eastbound 92. so all directions across the span look pretty good and that drive time should be about 13 or 14 minutes. and give or take a minute or two. and that is traffic. for an update on your forecast, we're talking the possibility of rain. here is lawrence. >> just a slight chance of a few sprinkles to the coastline. that is about it. not much of the system and it makes its way to the bay area. headed out the bay area, chilly in spots. temperatures in the 30s. patchy fog along the coastline and some of the valleys. watch out for that early this morning. by the afternoon, partly cloudy skies. and temperatures noticeably cooler outside. mainly in the 50s.

probably about the low 60s on the warm end. high pressure sliding to the south now. you can see the storm system approaching toward the bay area. but the core of the low, it looks like it is going to stay well enough off the coastline to keep us from seeing any significant rainfall. we will see more clouds. a slight chance of some sprinkles toward the immediate coast. that's about it. the computer model is picking up on it pretty well. the clouds are along the coast and then pulled south from the low. and another swing and a miss from the storm systems. and we stay pretty much dry. the temperatures running in the 60s in the south bay. 62 in san jose. 61 in palo alto. 58 degrees in hayward. 57 in pacifica. a lot of 50s and 60s, with partly cloudy skies in the interior valleys this afternoon. inside the bay, 50s and a few 60s. temperatures cooler today. but not bad. and then we start headed the other direction as the high pressure builds back in on wednesday. temperatures soaring into the 60s by the afternoon. continuing that trend into thursday and friday. a few more clouds over the next weekend. really today the last best

chance to see rain for the next two weeks as we continue to see our very, very dry pattern. >> and by the way i would never throw any water on you guys. just so you know that. >> maybe you might, to make it rain. >> maybe hot coffee but that's about it. >> that will leave a stain. thanks, lawrence. very sweet of you. >> we love you. >> go back to your room. >> thanks, lawrence. 4:53. sour news for the maker of twinkies and wonder bread. the "the wall street journal" hostess brands could file for bankruptcy and it could happen as soon as this week. the company is facing high labor costs and rising prices for ingredients such as sugar and flour and carrying a lot of debt. this would be the second significant court restructuring for hose spes which is a privately held company. and a new study is throwing doubt on nicotine replacement therapy as a tool to help people stop smoking. researchers at harvard found that nicotine patches and nicotine gun are not effective even when combined with counseling and the findings

indicate that the smokers have the same rate of success when they just quit on their own. four more days until the 49ers and saints lock horns at candlestick. >> that is going to be a great day of football. the pats and tim tebow after that. >> the mayors of both cities are taking part in a friendly bet. if the saints win, and they won't, mayor ed lee said he is prepared to offer up some dungeon crab and ghirardelli chocolate and sour dough bread and maybe a little regional wine from the napa valley. lee has not said what he might get if the niners win. jambalaya or something like that. >> maybe vignettes. the bcs championship game was called a snoozer. >> did you think why you got dressed that's why you wore it? >> roll tide. and alabama rolled over lsu. and they win it 24-0. a lot of field goals. only one touchdown. and you can see the rest came from the kicking game. it is the first shutout in the 14-year history of the bcs.

the victory is giving alabama the second tight until -- tight until three years. and nick saban his third overall. >> lou saban coached the buffalo bills many years ago so that is the dad. and celebrating 75 years of the golden gate bridge. the big badge planned for the milestone. let the voting begin. the tie for the first place in new hampshire. dicksville notch. we will tell you how that all came out with the candidates as the new hampshire primary gets cooking today. oakland police are looking for a man who struck and killed a pedestrian overnight. you won't believe what the driver did next. we will explain, coming up. bart in the south bay is one step closer to becoming a reality. coming up, hear about today's expected recommendations from the department of transportation. 3q

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a search under way after a deadly hit-and-run in oakland. what police say the driver did seconds before taking off. it is in the voters hands now. the early results from the first primary in the country. new hampshire. and pretty quiet right now in bay area freeways. but we do have some new information about a road closure in san jose. after a driver slams into a power pole. we will have all of the details coming up. storm clouds swinging our way. the question is, will woe see any showers out of it? we will talk about that coming up. good morning, everyone. it is tuesday, january 10. good to have you with us, i'm frank mallicoat. >> i'm grace lee. it is 4:58. and you know, mitt romney maybe the overwhelming favorite because there is a lot at stake for his rivals at the new hampshire primary going on right now and a live look at the polling place.

>> that is the parker barney school, i believe that is in manchester new hampshire, as people have been up for a while. the polls have been open for a couple of hours. as the granite staters go out and vote. a lot of independent voters there. so it should be interesting to see how it all unfolds. but right now, there seems to be one guy in the lead and that of course is mr. mitt romney. >> susan mcginnis is live in manchester joining frus a polling place. good morning, susan. how is it going? any indications of who may be leading. >> reporter:: good morning, frank and grace. the indications are of an extremely light turnout. that's what we're seeing so far at the past couple of hour, the polls are open at this elementary school. we're getting a general feeling that voters are unhappy with the front runner mitt romney and with all of the choices. new hampshire voters headed to the polls early this morning, to cast ballots in the nation's first