rick santorum in the gop race could put mitt romney's front- runner status in jeopardy. the rain is gone, the fog is back. how that will affect your weather today coming up. >> fog advisory for the bay bridge and an accident in san jose we're following as well as. all the traffic details coming up. good morning. it is wednesday, hump day, february 8. i'm frank mallicoat. >> and i'm grace lee. back to family court today for ross mirkarimi. anne makovec joins us with more. reporter: he is continuing his fight to be allowed to see his son on the heels of a big move yesterday by the prosecution that could allow his ex to testify. this morning's hearing though is in family court and starts at 9 a.m. mirkarimi is barred from seeing his wife or son right now.

this hearing is about only his son. his wife does support mirkarimi's request to see their son. mirkarimi was arrested on january 13 charged with domestic violence battery, endangering a child and pressuring a witness. he is accused of bruising her arm and asking her not to call police. yesterday prosecutors filed a request to allow the testimony of this woman in mirkarimi's trial, christina flores his ex- girlfriend. she dated him back in 2007 and 2008 and has a similar story of abuse. prosecutors say that shows a pattern of abusive behavior. so we'll see what the judge rules in that case but his trial is scheduled to start on february 24 but this morning's hearing here in family court scheduled to start at 9 a.m. >> thank you, anne makovec live in san francisco. a big turn of events in the race for the white house. rick santorum was the big winner last night in all three

states that held republican contests and as susan mcginnis reports, there are now more questions about the strength of the overall front-runner mitt romney. reporter: rick santorum's campaign is roaring back to life following a stunning three- state sweep! >> wow! >> reporter: the former pennsylvania senator scored double-digit victories in minnesota and missouri last night and even won in colorado where mitt romney had been considered the favorite. >> i don't stand here to claim to be the conservative alternative to mitt romney. i stand here to be the conservative alternative to barack obama! >> whoo! >> reporter: for weeks, santorum has trailed in the polls. he skipped the last two contests to campaign aggressively in all three states hoping for at least one victory. his triple win could throw romney's front-runner status in question. >> i congratulate senator santorum. i expect to be the nominee.

>> reporter: the battle for the republican presidential nomination heads to maine where ron paul is hoping to stage his comeback on saturday. >> president paul! >> reporter: the texas congressman is the only candidate without a win. still, he celebrated a strong second place showing in minnesota. >> when the dust settles, i think there's a very good chance that we're going to have the maximum number of delegates come out of minnesota. >> yeah! >> reporter: newt gingrich stayed out of sight as the results were announced. he is focused on winning big on super tuesday next month. today he will campaign again in ohio where early voting is already under way. susan mcginnis, cbs news, washington. new this morning, a big plan to save california families money on college. assembly speaker john perez unveiled the middle class scholarship yesterday. the plan slashes student tuition fees by two-thirds and would be funded by eliminating a 2009 corporate tax break.

state would pay about $1 billion for the plan every year adding up to $4,000 in annual savings for cal state students. uc students would save over $8,100. oakland mayor jean quan will deliver the annual state of the city address this evening. and one of the big topics is sure to be about the recent troubles stemming from the "occupy" protests. the speech is set for 7:00 this evening in the city council chambers. gay marriage opponents vow to take their fight to the u.s. supreme court. they plan to appeal yesterday's ruling that says prop 8 is unconstitutional. the ninth circuit court of appeals in san francisco ruled 2-1 that the voter-approved initiative served no purpose other than to, quote, lessen the status and human dignity of gays and lesbians. one legal expert says if it goes to the supreme court, justices will allow gay marriage. >> this is an issue whose time has come. the cultural understanding of the issue is really advanced.

i think it's 5-4 in favor of same-sex marriage. and i think it could even be 6- 3 or 7-2. >> many people in the bay area back yesterday's court decision. our exclusive eyewitness news poll of 500 adults found 61% agree with the ruling and 75% say same-sex couples should be able to share in the legal benefits of marriage. a man accused of shooting a federal agent in newark is going to come tomorrow afternoon. 61-year-old eye doctor dennis bagwell from piedmont is being held without bail this morning arrested in union city about five hours after the shooting. it happened outside the agent's home early yesterday morning. >> it appears the agent had a confrontation with the suspect. it's unknown if the agent discharged a weapon. this was an off-duty incident not in his working capacity. >> i heard someone yell, get down on the ground! and so i looked out the window and that's how i found out that there was something going on.

>> the victim's family is not releasing his condition or name. he is a 61-year-old u.s. customs and border protection agent who works at sfo. the oakland city council fell short of the votes needed to increase police activity against protestors. the proposed resolution would have told police to use whatever lawful tools available against unpermitted demonstrations which block roads. it specifically mentioned the port of oakland. some councilmembers scolded "occupy" protestors for disrupting last night's meeting. an alameda county family is alive and well thanks to firefighters who rescued them from a burning apartment building. we have a helmet can worn by county fire captain tom pappas providing a unique perspective. the fire began at 7 a.m. yesterday on marcella near san leandro. you can see them working hard. the children's mother had to toss a baby to a firefighter below before jumping down herself. another child jumped to safety

but firefighters had to go inside to rescue the other two children. >> they were in the back bedroom tucked in the closet underneath a blanket scared for their lives. >> the family and seven other people are now in temporary housing with help from the american red cross. the fire's cause is uncertain but investigators say a mattress may have been too close to a space heater. >> pretty cool. gives you just a bird's-eye perspective. >> what they have to face in those burning buildings, unbelievable. what a difference a day makes. yesterday all the rain for the commute, this morning calm. >> let's find out about the change. >> i'm sensing a new reality show. i don't know about you with those helmet cams on there with the firefighters. folks,side today we have had that rain but now the drops are gone but the rainfall on the ground, we're picking up fog in some of the valleys. we'll have to watch out for that. visibility down to less than a quarter mile in fairfield and santa rosa. patchy fog in the bay area this morning with temperatures mainly in the 40s and 50s.

looks like high pressure is going to sneak in across our skies today. you can already get the sense the clouds buckling over the top of the ridge meaning we're in for a nice day. temperatures warming up again. watching out for the high surf at the coast. big breakers at the beaches today. those swells running west about 13 to 16 feet with breakers at 18. it's going to be going pretty good this afternoon. temperatures, 66 in san jose and santa rosa and 63 degrees in san francisco today. looking out over the next couple of days, temperatures near 70 by tomorrow. picking up a few more clouds towards friday locking unsettled toward -- looking unsettled toward the weekend and showers on sunday. right now, dry except for fog this morning, elizabeth. >> that's right. we have a fog advisory just for the bay bridge this morning issued by chp. we'll get to that in just a minute. in the meantime, we have our photographer out live this morning showing us some very good traffic conditions on 101 near the mckee exit. as you can see, it is still early. and traffic is nice and light

in both directions. so it's a nice smooth ride out of san jose towards santa clara. let's go to our maps. lawrence mentioned it's foggy especially on the san francisco side of the bay bridge. you will really notice the fog making it pretty difficult to see too far in front of you. this is a live look at the bay bridge toll plaza but again they did issue that fog advisory and caltrans has their warning signs up. in the south bay we were just following an accident but they just cleared it within the last couple of minutes. for a while what is blocking a couple of lanes on tully road near northbound 101 near the tully road off-ramp. some sand barrels were hit and there was sand on the road but it's cleared according to the chp reports and the rest of the south bay so far looks great. we love this traffic shot because obviously there's only a few headlights so far coming out of downtown san jose before 5 a.m. that's traffic. back to you. >> wish it would stay that way. >> i'm sure commuters would love that. it is the last call for some east bay bars. >> yeah. a harsh crackdown just approved to cut down on late-night

fights. also ahead -- >> i'd like to pull out of the driveway but i smell gasoline and he won't let into. >> we're now hearing the 911 call made before a house fire that killed a father and his two sons. how a social worker knew something went terribly wrong. a mighty close call caught on tape. how one man ignored a stroller as it rolled on to some train tracks. how did it finish? we'll show you coming up.

from hayward was killed last n accident a memorial service is planned this morning for 39 raoul zapata the carpenter from hayward. the 39-year-old was killed last month in a construction accident in milpitas. he was buried in a 12-foot-deep tren thatch collapsed as he worked in it. public service is at 11 a.m. this morning at the catholic church on patrick avenue and that's in hayward. city of walnut creek is cracking down on a popular bar to reduce crime. the city council voted to limit the best hours of the lift

lounge and grill. the bar will now have to close no later than 11:0 at night. that's an hour earlier than the existing closing time. it will close no later than 11:30 at night. >> if it's cut back to hours of operation to 11:30 my client believes they will have a tough time maintaining their business. >> walnut creek police say since lift opened in november 2009 they have received 80 calls connected with the bar most involving drunken people causing disturbances while leaving but police say other calls involve driving under the influence, physical fights and one sexual assault that allegedly happened inside the bar. it is now 4:43. this morning, we have a shake- up at yahoo. four long-time board members including chairman roy bostock announced that they are leaving the company. their departures come as the sunnyvale company continues to struggle to reinvent itself. walmart needs 250 people for a store in san jose's

almaden area. that's supposed to open this spring. both full and part-time positions are available. mark zuckerberg's decision to make facebook go public could cost him billions of dollars. now, the site's upcoming ipo will make him a billionaire for sure but will also come with a $2 billion tax bill. that's because zuckerberg wants to buy 120 million shares of the company at only 6 cents per share. if only we could get in on that so he will have to pay the difference between the price and what the stock is worth. >> i think he is going to be okay. >> i think so, too. [ laughter ] redwood city could be the next area where polystyrene food containers are banned. the city council there is having staff draw up an ordinance similar to the one that took effect in san mateo county last summer. the "mercury news" reports staff is looking into how bans on the foam are working in other places. a vote could come next month. here in san francisco, the plastic bag will soon be history. the board of supervisors approved a ban on all plastic

bags in every retail store and restaurant in the city. you want a paper bag, you will have to pay 10 cents on each bag. the restrictions start in october. 4:45, chips, pretzels, salty snacks. wake-up call about the number one source of sodium. >> plus, the bay area teen meeting with president obama. the complaint and why he apologized to her coming up. almost the biggest baby ever born. just how heavy the newborn weighed in at. the rain is gone, the fog is back in the bay area. how long will that stick around? we will talk about that coming right up. ,,,,

welcome back now at 4:47.

president barack obama is expected to sign a bill to create consumer protection committees for flyers. the bill to pay for faa operations through 2015 includes more consumer protections. current rules require food and water for passengers stranded on the tarmac. they are in the bill. it also calls for an investigation into whether it's safe to use cell phones on airplanes. this is a disturbing 911 call placed right after a murder-suicide involving a man and his two young sons. this call is from a social worker who brought those kids to josh powell's home for a supervised visit. >> it's one step ahead of me 5 and 7. they were one step ahead of me and he slammed the door in my face. >> the social worker says that she could hear one of the children crying before the father blew up the house. police say josh powell struck his sons with a hatchet before setting the home on fire killing all three of them. powell was a person of interest in his wife susan's 2009 disappearance.

a driver in texas managed to escape this massive car fire. she could have easily died had she been trapped inside of there. she says she had just bought a meal from a drive-through when she suddenly noticed heavy smoke coming from under the hood. well, she got out and within minutes, firefighters had arrived and they managed to put out the flames. >> wow. another close call as well this one caught on tape in australia. a stroller with a child in it will roll right on the train tracks. a man appears to be making a call on his mobile phone there. walks around the stroller as it goes over the edge. the frantic mother dives on the tracks. she pulled the baby out of the way before the next train arrived. just a split second and there did you. cupertino teen got a one-on- one chat with president obama during a science fair. 17-year-old angela zhang was

among dozens showing off her project, hers a cure for cancer. good for a 17-year-old. the president apologized to her for making her late for her research work at stanford. zhang says he was sorry about the roads being blocked off near campus when his entourage arrived to town. pretty cool. >> one smart girl. 4:50. let's kick it over to lawrence. no rain today. but the raindrops left behind causing ground fog outside. thick fog over parts of the bay area right now. some of the visibilities less than a quarter mile into santa rosa and also into fairfield. so getting thick outside right now. temperatures in the 50s and 40s. more sunshine this afternoon and great temperatures in the afternoon. mid-60s in the warmest spots inland, 60s inside the bay and at the coastline some sunshine and some mild temperatures mainly into the 60s. high pressure now building in. that system that went through the bay area split and part of it heading down to southern california. this ridge going to take care of us over the next couple of days and temperatures soaring above normal but we're also

seeing surf at the coast. westerly swells 13 to 16 feet some breakers at the beaches up to 18 feet. all right. the temperatures should look nice toward the afternoon, plenty of sunshine into san jose at 66. 62 and sun in half moon bay and 62 degrees in hayward. temperatures up into the 60s in many of the inland valleys today after that patchy ground fog begins to lift. 63 in oakland, 65 petaluma. next couple of days we'll see temperatures soaring. wouldn't be surprised to pop 70 degrees by tomorrow afternoon and then we'll start to cool things down. a weak system approaches the bay area on friday, things may get unsettled on sunday. computer models are not picking up on this yesterday but today they are starting to put it in so hopefully we'll get back to wet weather. we could use any rain we can get. >> a little something-something to mix it up. >> before we get back to summer again. >> nice weather term. >> something-something joy think . >> fog is going to be an issue

if you are one of those few cars on the road and you have to get an early head start this morning on the commute. golden gate bridge, pretty thick closer towards the toll plaza. it's not impacting our sensors. they are still in the green. visibility is going to be an issue. overnight chp issued a fog advisory, a fog advisory, dense fog advisory. on the san francisco side of the span it's thick past treasure island. east bay live look at the nimitz. easier to see those headlights making their way southbound. nice smooth ride all the way towards oakland airport if you have n early flight to catch. northbound traffic so far looks good all the way towards the downtown oakland exit, as well. of course it's still early. we're expecting to see a lot of green on our traffic sensors, so no surprise that the drive time here is about 1 minutes on westbound 580 out of the altamont pass heading towards

680. so once again, no big surprises if you are about to start your morning commute. here are your drive times for you popular routes across the east bay. once again, westbound 24 not seeing any issues all the way through walnut creek, lafayette. fog not really an issue across that stretch, as well. and coming down the eastshore freeway so far no brake lights through richmond or berkeley so should be a pretty smooth ride, 1 minutes from the carquinez bridge to the maze. of course -- 18 minutes from the carquinez bridge to the maze. bart, ace, muni and caltrain and your ferries all on time. if you are about to hit the road, things can change at any moment, 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. >> all one big happy family. >> that's right. >> thank you. chips, pretzels, other salty snacks are not the number one source of sodium in your diet: it's bread. while bread is not saltier than most snacks, people eat more of it. cold cuts came in second. pizza, third. and a surprising 10th place

finish for chips and pretzels. you would think it would be higher. football fans who made it to super bowl village last week may need to see a doctor. >> indiana's department of health is working with the health department there to stop a measles outbreak at the super bowl. turns out somebody infected with measles showed up at the football festivities on friday. so far there are two confirmed cases. 200,000 people were at the super bowl village friday. so word of note if you were hanging out in indy over the weekend. and this year's super bowl is now history. we know that. but charities in indianapolis will benefit for quite a while. >> that's right. a food bank in the city is getting 35,000 pounds of food all leftovers from the various parties related to the big game. >> higher ticket prices they were paying at these parties, certainly they didn't want anybody to run out of food so they ordered a lot of food and indianapolis has been the beneficiary. >> the goods include everything from fancy cheeses to lobster

and shrimp. wow! sounds good. it feeds people and helps train culinary students. it's the year of the dragon and rewarded a chinese couple with a nearly 16-pound baby. >> big boy. that makes him the heaviest baby on record in china. take a look. they call him chun-chun. the 29-year-old mother gave birth to the boy by c-section. smart mother there. the delivery lasted 20 minutes. the baby's parents said they expected a bigger child than their first born daughter, at 8 pounds at birth. >> nothing compared to almost 16. >> i know. but 8 pounds is a healthy baby but 16? for crying out loud. >> supposedly she said it was a normal pregnancy. i can't imagine that to be true. >> maybe mom's a big girl, too. [ laughter ] >> i don't know. >> 16 pounds!! >> that's a big kid. it's 4:55. coming up, three states, three wins a surge momentum for rick

santorum. we'll have the latest. >> a victory for "occupy oakland." the city's spirited debate over police action. san francisco sheriff mirkarimi back in court this morning fighting for the ability to see his son and in the meantime, prosecutors continue to build their case against him. the latest coming up next. a state assemblyman is proposing a new plan that would help families afford college tuition. coming up, find out if your family qualifies.

your realtime captioner is linda marie macdonald. sheriff ross mirkarimi back in court today. the prosecution's move to build their domestic violence case against him. and cutting tuition by thousands of dollars. the drastic plan to save college students a whole lot of cash. high pressure is back. the fog is out there, too. watch out, very thick this morning. we'll have details coming up. and it's making a lot of

our cameras difficult to see this morning. your traffic trouble spots. we'll tell you all about it. and good morning, everyone. it is wednesday, it's february 8. good to have you with us. i'm frank mallicoat. >> i'm grace lee. it is 4:59. this morning, san francisco's sheriff is renewing his efforts to see his son. he is back in court. ross mirkarimi will return to family court this time. anne makovec is in san francisco where prosecutors are adding to their witness list for mirkarimi's upcoming trial. she joins with us more. anne. >> reporter: that's right. but this morning is the hearing in family court. now, from what we understand, mirkarimi and his wife have been meeting separately with mediators coming up with a plan for visitation and today the judge can either approve or deny that plan. this morning's hearing is set for 9 a.m. and this is after a similar motion for mirkarimi to be able to see his son was twice denied in criminal court. he is now barred from seeing