your realtime captioner is linda marie macdonald. it was a pretty slow methodical rescue. >> another trench collapse here in the bay area. how a man nearly was swallowed up by the earth. prop 8 taking center stage today. the private video that could soon be made public. a return to sunshine and above normal temperatures. we'll have details coming up. >> overnight roadwork out there now. coming up, where it could slow you down. >> good morning. it's thursday, groundhog day. >> i forgot about that. >> yeah. february 2. i'm frank mallicoat. good to have you with us. >> i'm grace lee. it's 4:30. we start with some state investigators.

they are looking into the bay area second trench collapse in a week. the man was saved in brentwood in east contra costa county last night. a man working on a sewer problem trapped in a trench on dawnview drive. the 50-year-old man was on his knees when the soiled caved in on him of the he had spent most of the day digging the big tren, 8 feet deep, 12 feet long, when climbed inside to work on it about 5:00 sides gave way. the fire department found him chest deep in the dirt but the man was able to breathe. the first priority was to stabilize the trench bay shoring up the sides of the trench. it took three hours to get the victim out. >> they had to use a fire truck ladder to pull the oakland man out of the hole. finally he was taken by ambulance to a helicopter that waited nearby to finally get him to the hospital. cal-osha will investigate that

accident. the state is looking into saturday's deadly trench collapse in milpitas. a 39-year-old carpet raoul zapata from ywdied after being buried in a 12-foot trench. they had no state permit to go deeper than five feet. the "mercury news" reports three days before that clams the city of milpitas ordered that work to be stopped but the workers claim they didn't know about the order. a rescue operation is now under way in the south pacific after a passenger ferry sank. it happened today off the east coast of papa new guinea off australia. so far rescuers have plucked more than 230 survivors from the ocean but as many as 350 were aboard when the ship went down. there were no reports of bodies found at this point. it's not clear what may have caused that accident. it's now 4:32 now. video recordings of the trial of california's same-sex marriage ban may be released to the public. a federal appeals court is set to rule on that today. anne makovec is just outside of

the courthouse where more on this prop 8 ruling. good morning. >> reporter: good morning. when people hear prop 8 you might think this is about whether or not it's constitutional. we are still waiting for the ruling on that. that's not today's ruling. today's ruling deals simply with the videotape made during the trial and the question is whether or not it should be made public. of course, prop 8 outlawed gay marriage in 2008. then in 2010, a federal judge ruled prop 8 violated the constitution. that ruling is now under appeal. and in the meantime, this videotape debate has been going on. the 2010 trial was recorded and the judge vaughn walker said that that would be used for his and the lawyers' private review. but two same-sex couples and the coalition of media asked the court to unseal the tape. a new judge agreed. and prop 8 supporters argued against that saying witnesses could end up being harassed. today's decision again is based

on that appeal. the decision is being made by a three-judge panel and we will hear that decision at 10 a.m. grace and frank? >> thank you, anne. the state of washington is a step closer to legalizing same-sex marriage after state senators approved the bill. that measure heads to the house which is expected to approve it. governor chris gregoire is expected to sign it into law, as well. this would make washington the 7th state in the union to allow gay couples to marry. opponents promise to fight that new law with a voter referendum. in the presidential race, republican newt gingrich may get a much-needed boost to his campaign after his poor showing in the florida primary today. he is expected to pick up the endorsement of that guy on the left, real estate mogul and tv celebrity donald trump. you may recall trump toyed with the idea of running himself for a while last year. gingrich has two campaign events scheduled today. they are both in las vegas as the nevada caucuses are just two days away now. front-runner mitt romney

has events planned today in las vegas and reno. he spent much of yesterday trying to clarify a poorly worded statement he made during an interview with cnn. he said i'm not concerned about the very poor. but his campaign argues critics used it out of context. >> that's not exactly what i meant to say. my focus is on middle income americans. we have a safety net for the very poor and i said if there are holes in it i want to correct that. >> i thought mitt was going to break out in a forecast there. [ there was music before the sound bite ] >> romney has a solid lead in nevada according to a new poll 46-24% over newt gingrich. rick santorum and ron paul are at 11% and 9% respectively. santorum and paul are also campaigning today in nevada. >> he can sing as we know. u.s. combat operations in afghanistan may end a full year sooner than expected. defense secretary leon panetta said he hops the u.s. and its allies -- he hops the u.s. and

its allies will make the transition to training and advisory roles by the end of next year but, of course, there are concerns. nato suggests that the taliban are confident they will be ready to take over once coalition troops pull out. no plans for the mission in afghanistan will be final until a may nato meeting. pg&e in its it -- admits it failed to check gas lines for leaks over a large area of california. the utility is appealing nearly $17 million in fines for misplacing 16 pipeline maps. without those maps, pg&e couldn't inspect those lines. now pg&e says pipelines on 46 more maps haven't been inspected covering an area from yolo to fresno county. a private san francisco school will be closed through the week. crews have been sanitizing saint ignatius prep after a suspected norovirus outbreak. 325 students and 30 teachers got sick tuesday. students have been advised not to return to school until three

days after their symptoms subside. health officials believe that the disease was brought on to campus by a person there. that's why we sanitize the desk. >> that's right. >> when we arrive in the morning. >> come out and clean it all up so we don't all get sick here. we are going to have mitt romney do weather but we decided to let romney do it any way. >> you don't want me to bust out in song? >> let's not. >> it's ratings book. we don't want to do that! a lot of clear skies coming our way today. we may have some patchy fog this morning but not much and a few high clouds continuing to move across our skies but here comes high pressure building in again. we have some great weather had as the temperatures are going to be warming up nicely. still chilly because our skies have been mostly clear overnight. 39 degrees right now in livermore, 40 in concord and 40 degrees in santa rosa. you can see some of the high clouds over the top of the ridge but that's all we'll see and that will begin to break up throughout the day so we have some warm temperatures well above the average as we head toward the afternoon. some of these numbers getting near 70 degrees by the

afternoon and santa rosa with some down slope winds there. about 67 in napa and 66 degrees in san jose. how long will this nice weather last? and is there any more rain on the way? we'll talk more about that in a moment. let's check the roads with elizabeth. >> overnight roadwork slows you down. here's a live look at the golden gate bridge. everything looks good now. they will be likely doing the lane changes in about 20 minutes so overall, one of our "timesaver traffic" cameras not doing too bad. looks like our bay bridge camera is sick this morning but eastbound 80 there is some overnight roadwork between the center anchorage and the skyway so watch out for that. westbound 80 on the upper deck that roadwork has been picked up. to the south bay out of downtown san jose that's fine on 280. 101 probable almost free, as well. not seeing much roadwork there. different story on the nimitz. 880, the high street off-ramp remains shut down until about 5:00 this morning according to caltrans. we'll go ahead and show you one more camera. mass transit is on time. that's traffic and weather. back to you.

>> thank you. oakland police firing back at "occupy." why demonstrators are now on the defense. >> plus, soccer fans rushing the field. dozens are killed. what caused all the mayhem. coming up. and one airline skirting the law. the new fee that some passengers are calling bogus.

riot in egypt. time now 4:41. more than 70 people have died in a massive soccer riot in egypt. hundreds of fans stormed the field in cairo after a victory. some were stabbing, others suffocated while they were trapped in a narrow exit. people threw sticks and stones. it was the deadliest soccer violence since 1996. it is now 4:41. this morning, "occupy oakland" may file a class action lawsuit against police. they are accusing officers of misconduct and police brutality

during saturday's rally. more than 400 were arrested that day. now, the allegations come as the city is taking legal action to make sure that some protestors stay away from city hall. in the meantime, the city has released surveillance video of occupiers breaking into city hall. police say the protestors broke the lock and trashed the place, breaking glass, throwing furniture and damaging a model of city hall. by the time police got there, about 100 protestors were inside. those protestors quickly left after cops arrived. >> through this video, our intentions are to identify individuals responsible for breaking into city hall. we will identify them and we'll bring those cases before the district attorney where they will be charged. >> a cbs surveyusa poll shows declining support for "occupy." 26% say they have changed their minds and they no longer support it. only 3% of those who initially opposed the movement now

support it. and 68% thought that police response to the protestors was just about right or not harsh enough. oakland makes some history with its choice of a new fire chief. 53-year-old teresa reed gets the job. she had just retired from the san jose fire department after working her way up for the past 25 years making it to assistant chief in san jose and now reed is take over the fire department in oakland where she lived for more than 20 years. >> this is big. you know? because this isn't typical. you know? it's not typical. >> and she will be the first african-american woman to lead a major fire department in the united states. >> reed was introduced as oakland's new chief on the same day she finished class for the master's degree in public administration. big day. president obama is set to address members of congress at the 60th annual prayer breakfast today. president eisenhower started it back in 1953. these are live pictures out of washington, d.c. as the guests

begin to sit down and speakers start to talk here. the event has a featured keynote speech by diverse group of dignitaries from mother teresa to bono. first lady michelle obama, vice president joe biden are also attending today's breakfast. a bay area researcher wants the government to control sugar just like alcohol and tobacco. dr. robert lustig of uc-san francisco has turned this into a national story with a commentary that he wrote for the publication "nature." >> the liver will turn sugar into fat causing insulin resistance and all of the diseases of metabolic syndrome. >> some experts say that the average american consumes 300 to 500 calories from added sugars every day. >> almost 100 pounds of sugar a year. >> crazy how much sugar we eat. >> we were just talking about it as we were sipping our coffee. >> very sweet coffee. 4:44. a dog walker tased at a bay area park. how a congresswoman is now

stepping in. plus a sneak peek at a popular commercial making waves before the super bowl. >> and will he have six more weeks of winter? will we, anyway? the groundhog has spoken. >> he has? >> apparently or -- saw his shadow or didn't. it's been so nice, too. we'll tell you all about that coming up. >> we haven't even seen winter here in the bay area across the u.s. we'll talk about that and more coming up.

she's calling for an independent investigation into whether excessive force was used during . jackie speier is stepping into the controversy over dog walking tasing. she is calling for an investigation as to whether there was excessive force on sunday. a female ranger had detained a dog owner for walking his two dogs without a leash. the confrontation ended with the ranger tasing the dog owner

gary hesterberg. the ranger remains on the job during the investigation. tense times on capitol hill during a hearing that starts just over an hour from now. attorney general eric holder will go before a house committee to answer questions about operation fast and furious involving guns from the united states being sent down to mexico. the committee chairman, darrell ice so, threatens to find holder in contempt if he fails to deliver documents demanded by isso. the government's lives suspected terrorists banned from flying to or within the u.s. has more than doubled in just the past year. the number has grown from 10,000 to about 21,000 according to an anonymous counter-terrorism official, who told the associated press that much of the increase is because president obama called for changes to the system after an attempted terror attack in 2009. one airline is blaming new federal regulations for higher ticket prices. spirit airlines calls the fee

the department of transportation unintended consequences fee. yeah. that's what they're calling it. it's citing a new rule that allows passengers to change flights within 24 hours of booking without penalty. spirit says that forces them to hold seats for people who may change their minds. so it's charging all travelers an extra $2 a ticket. they charge you for everything. it's groundhog day and punxsutawney phil came out and saw his shadow. how did he? we haven't seen winter yet. >> i have been waiting for that. i didn't know how to forecast today and beyond. now we have punxsutawney phil. >> now we have the rodent. >> thank you very much, punxsutawney phil. if you are heading out today we have some changes in the works. what a day it's going to be. the sunshine making a return and it is going to warm up well above average mostly clear at the coast right now. patchy fog in the valleys. temperatures 30s and 40s. this afternoon 60s even at the coast. sunshine near 80 in some of the

warmest spots inland. so it looks like that high pressure ridge building back in. the offshore wind starting to blow again will help to crank up temperatures outside so no rain for the next few days but there's some rain in the forecast. 60s around the sacramento valley, fog in fresno early on the and by the afternoon a little more sunshine. south bay 65 in morgan hill, about 65 in palo alto, 63 degrees in hayward. east bay temperatures are going to be running much above average for this time of year. 66 pleasanton and concord, about 67 degrees in the napa valley. as you look toward the north bay those temperatures soaring down slope winds into santa rosa maybe as high as 68 degrees. 61 in bodega bay and 64 in san francisco. plenty of sunshine come our way, above-normal temperatures, dry on the weekend.

next tuesday a chance of showers back in the bay area. looks like that's holding together now so we're looking forward to that. by the way, guys, groundhog day. so excited about it. i can't tell you. you can't tell by my voice? [ laughter ] >> no. you should probably read the next story because it's about punxsutawney phil. >> no, i'll leave it to the professionals. >> and that you should because here it is. >> oh, boy. >> take it away, grace. the forecast from pennsylvania's famous groundhog, six more weeks of winter. is that what you thought lawrence? >> that's exactly what i thought. >> you and punxsutawney phil. >> there he is. he popped out of his lair and saw his shadow. temperatures were near freezing when he emerged at dawn. that's unseasonably warm for phil. thousands of people showed up for the annual event. it's on gobbler's knob. >> was bill murray there? >> again and again and again. >> that's such a classic movie. i think because of groundhog day you should do your forecast over again. >> i will do it all morning long, promise.

and i'm not going to change it. elizabeth? >> he's a cute little guy, that little punxsutawney phil. >> i thought you were talking about me. >> no. let's go out live towards -- what did i put up? the south bay. 280 traffic out of downtown. so far things are really quiet on one western suburbs the guadalupe parkway. tonight we are going to very slowly zoom down to hp pavilion where there is a sharks game at 7:30 and a warriors game at 7:30 as well over by the coliseum. right now you can see the nimitz 880 north- and southbound just cruising between hayward and downtown oakland. that high street off-ramp to northbound 880 though, that remains shut down until about 5:00 this morning. that is according to our sources over at caltrans. so here's a live look at one of our other "timesaver traffic" cameras. the san mateo bridge is about a 13-minute drive time in either direction right now. right side of your screen is the commute direction.

traffic heading off the flat section toward the high-rise so not too bad there and not too bad for silicon valley commuters, either. six minutes is the drive time in the westbound lanes of 2237 between 880 and 101. most of your drive times are still in the green. economic out the carquinez bridge to the maze -- check out the carquinez bridge to the maze no delays toward that stretch. altamont pass, 13 minutes on 580 from the altamont pass to the dublin interchange. people in oklahoma and texas got an unexpected light show late last night. it was all caught on the dashcam of a police cruiser. watch the left side of your screen. see it coming across? that little ball moving slowly across your screen to the right? it may have been a meteor. people from as far south as waco and north as oklahoma city reported seeing it. we want to show you the moon probably like you have never seen it before. this is the far side of the moon. one side always faces earth, the other side always faces away from our planet.

they show a massive crater caused by an ancient cosmic impact. >> cool. >> trippy. cool. not many people can say they have ever been to one super bowl. but there's at least one gay that's been to every, single one. 46. don christman a native of maine will be in the crowd again this sunday during the 46th go- around for football's biggest game. he attended every super bowl since 1967. and he plans to keep it up at least until super bowl l. >> walking into the game without people shaking my hand and saying are you going to make it this year? >> we can tell he is not from walnut creek. [ laughter ] got a little bit of a new england accent there. he will be rooting the patriots. closer to the super bowl we

have been giving you a preview of commercials. take a look. ♪ [ music ] so this is part of the new app that you can watch the reaction to the game while you're watching the game. >> did you get that? it was cute but -- >> i wasn't impressed. i like the polar bears. >> pepsi was better. we'll show you another ad in the next half hour. >> time now 4:55. it would be a first here in the bay area. the bank at risk of losing an entire city's account. coming up. >> plus, gop presidential hopefuls on two separate roads. who is on damage control and who is picking up a big

endorsement. and all eyes back o prop 8. the fight on whether to unseal court video when we come back. a man is recovering this morning after being stuck in a trench for nearly three hours. coming up, we'll show you that dramatic rescue and explain why he was in the trench in the first place. race to save one man's life.

your realtime captioner is linda marie macdonald. it was a slow methodical rescue. >> buried alive in a backyard. the race to save a man's life. a pitt al day in the prop 8 -- a pivotal day in the probably 8 fight. what could shed light on the case. high pressure back cranking up temperatures around the bay area today. the possibility of more rain coming our way. more coming up. 880 looks great past the coliseum and into downtown oakland. we'll have more on mass transit coming up. good morning.

it's thursday, february 2. i'm frank mallicoat. >> i'm grace lee. it is 4:58. we are following developing news out of the east bay. we just spoke with oakland police and they tell us that one man was shot during an attempted robbery of a taco truck around 1:30 this morning on fruitvale avenue near foothill boulevard. two suspects reportedly tried to rob and assault the victim when the victim fought back. both the victim and one of the suspects were taken to the local hospital. no word on injuries. the search is on for the other suspect. >> we have a crew on the way so we'll have more information as we get it. a man is recovering this morning after he was trapped in a trench in the east bay. >> this was a pretty scary ordeal. it lasted a little over 3 hours in brentwood in east contra costa county. the man was pulled out alive. gil diaz now in brentwood with the investigation. gil, good morning. >> reporter: good morning, frank and grace. well, that drama unfolded right here behind me. that man