>> screwup happened in the communication. >> emotions boil over at a berkeley town hall meeting. the heated confrontation between residents and the police. and we have one more gorgeous day ahead and then we have some big changes on the way. a look at the seven-day forecast coming up. >> so far no accident on the roads. we have roadwork details in minutes. >> good morning. it is friday, hooray. >> hooray. >> it is friday. >> it's march 9. good to have you with us. i'm frank mallicoat. >> i'm grace lee. it is 4:30. we could get a ruling today on whether key evidence against ross mirkarimi will be allowed in his domestic violence trial. anne makovec in san francisco where pretrial motions are still being decided. she joins us with more. >> reporter: i feel like it's groundhog day because we have been talking about this video in particular for a couple of weeks now. this time the decision is being made by an appeals court. here are some snapshots from the

video. it lasts about 55 seconds showing bruises allegedly caused by her husband. the video shot by her neighbor, ivory madison. the attorney wants the evidence thrown out. she thought she was speaking privately to an attorney since madison is a law school graduate even though she is unlicensed in california. this decision is being made by a three-judge panel in the appeals court after the judge in this case ruled last week that the video could be shown. mirkarimi's attorney is also fighting against that video saying there's no way for her to cross-examine the testimony if lopez herself does not testify. also today, judge garrett wong will consider a motion by the prosecution to allow testimony from domestic violence expert and uc-berkeley lecture your nancy lemon. and there are a couple of other motions still undecided including one to move this trial out of san francisco. mirkarimi of course is charged

with domestic violence battery, child endangerment and dissuading a witness. now, jury selection is also still under way though it looks like this trial is not going to get started until at least next week while all these motions get decided. back to you guys. >> it is a busy day. okay. anne makovec live for us in san francisco. thank you. it is 4:32. the east bay eye doctor accused of shooting a federal agent will enter a plea this morning. dennis bagwell was arrested after robert suplik was wounded outside his home in newark last month. court documents indicate that bagwell had an obsession with suplik's wife. he was her teacher at school in union city. san jose police are looking into a fatal shooting in the city's edenvale area. investigators started getting calls about the shooting just after 7:00 yesterday evening. they found the victim shot several times near monterey highway. the man was rushed to regional medical center, where he later died. there are no suspects so far in the case. it was a matter of setting

the record straight. berkeley police holding a town meeting about the murder of a berkeley hills man of and it was full of fireworks. >> the screwup in communications. >> take care of the situation. that's precious time! >> emotion are still raw about the murder of peter cukor. according to police reports, the 67-year-old man was beaten to death 15 minutes after he reported a trespasser in his home last month. but the initial call wasn't urgent enough for the police to respond. another man said he was attacked that very same night. >> young man coming from the other direction punched me in the face. then he started clawing my face and i grabbed him and we both went down on the ground. >> the internet media the bloggers, the commentators, things like that, they got ahead of this with speculation. we put out information. we didn't put it out quickly enough. and so we got behind that. that's unfortunate because it

leaves people with this belief that somehow this crime wouldn't have happened but for this, this discussion about "occupy." it's a red herring. >> an "occupy" march did keep the officers busy that night but the berkeley police say that was not an issue and they defend their response to cukor's call. new this morning an earthquake in the south pacific. it was a magnitude 7.1. the epicenter was in the island nation of ben watt to just after 11:00 last night our time. there is no report of damage or injuries so far. and there was no tsunami warning. this sunday is one year since japan was hit by a deadly earthquake and tsunami. more than 19,000 people were killed as the tsunami wiped out several communities. the effects were even felt here along the california including heavy damage to the santa cruz harbor. state and federal officials will tour the harbor on sunday to get a firsthand look at the

ongoing repair efforts. 4:34. let's check in with elizabeth. lawrence is doing the big show tonight. you switch over from traffic. >> we need coffee. we're feeling the effects of 4:35 on a friday morning. out the door, you have time for that extra cup of coffee. here's what a look at temperatures are out the door right now. mostly in the 40s. you can see a few cooler spots though. check out fairfield coming in at freezing now. 32 degrees in fairfield. a little warmer in oakland, 46 degrees there. for the most part we are mostly clear. we are seeing a little patchy fog along the coast. we have another nice day. if you liked yesterday kind of a repeat, similar story maybe a little warmer but the high is moving east. what we are going to be left with is this low and we are going to see changes as early as tomorrow. coming up we'll take a look at your seven-day forecast. there's a long line of rain in our forecast for next week. so you want to stay tuned with

more on that. in the meantime, gianna has traffic. >> i guess we should enjoy the roads while they are dry. so far, so good. no major accidents to report. the only thing you have to look out for is roadwork on 880 southbound between broadway to embarcadero but that should be clear within the next few minutes at least before 5:00. northbound there is roadwork scheduled as well near fruitvale. you can see a live look at 880 through oakland no major delays. antioch bridge roadwork until 5:00 both directions. they are alternating traffic there. roadwork eastbound 4 near loveridge. we'll check the bay bridge in a few minutes. >> aren't you a birthday girl today? >> yes. good day, friday and my birthday. >> and you're working. hello. >> now. >> happy birthday. structural engineers in berkeley will soon decide if that fire ravaged apartment building will be demolished. fire gutted the building

yesterday morning causing $1 million in damages. firefighters have ruled it accidental and that somehow, it perhaps started in a closet that has a water heater inside. everyone made it out of the building safely. >> i was truly concerned that maybe i would be locked and there would be no escape. >> i was thinking whether we can get out of here or not because that place was so hot and when i tried to close my door i saw that the knob of the door was like really hot you cannot even touch it. >> the fire displaced a lot of people. 50 people are homeless this morning. some people who live in nearby buildings are also displaced until the crews can make sure that building will not collapse or perhaps they will take it down. people whose homes were destroyed by the pg&e pipeline explosion are slowly moving back to their san bruno neighborhood finally. the "san mateo county times" says the first family returned to a rebuilt home last week and another could do the same as soon as next week. in all, 38 homes were destroyed

by the explosion and fire that happened in september of 2010. more than 300 people are suing pg&e over that disaster. that trial is expected to begin this summer. it is now 4:38. more than a dozen bay area dogs have died this winter from eating toxic mushrooms. one won lost a puppy more than a year ago. he died after eating a death cap mushroom. arriving in the late 1920s, the mushroom has spread all over california. apparently, they smell like rotting fish and that makes it irresistible to dogs. >> it's not a pretty death. it's not a -- it's a scary death. it's hard. it was just really hard. >> she says as many as 20 dogs have died this winter after eating those mushrooms. she has a new dog now and spends her time educating others about the dangers of the death cap mushroom and her efforts may have saved the lives of at least half a dozen

dogs. three teens arrested for attacking a san jose man and killing his dog won't be charged as adults. this attack happened on the corner of winchester boulevard and colonial way last month. the teens are charged with assault with a deadly weapon and robbery. the suspects believed to be gang members are also charged with cruelty to an animal. members of california's fish & game commission appear to be looking for a way to oust their president. dan richards has been under fire for killing a mountain lion while hunting in idaho. it is legal in that state. critics contend that somebody who hunts animals shouldn't be leading an agency that oversees wildlife. wednesday night they decided to change their process for selecting a president and begins final approval to the changes as may. richards could be removed as president although remain on the commission. lawyers for injured giants fan bryan stow and l.a. dodgers are urged to setting their dispute over damages. stow is in rehab a year after being attacked at dodger stadium in the parking lot

there. the "l.a. times" reports stow's lawyers are seeking $50 million for life long care. case currently though is in bankruptcy court. the judge there is urging both parties to settle. coming up, the new jobs report being released. >> the early predictions on whether it's going to help or hurt the economy. coming up. this is 162 square feet. >> all right. we are redefining cozy. the compact apartments that are the future of living. >> closets are bigger. >> it's called the quadruple heart clogger. it doesn't look good. the burger that is a big deal down in texas. we got more coming up. ,,,,,,,,,,,,,,

45 minutes from now. the the jobs report for february comes out of washington in 45 minutes. the economic forecasting firm says investors expect the unemployment rate to remain

steady at 8.3%. they also think the economy created about 210,000 new jobs last month. there is a chance california's june primary could make a difference in the republican nomination for president. a new poll shows that rick santorum is gaining ground here in the golden state. the public policy institute poll shows mitt romney is still the leader at 28%. but santorum is just six points behind at 22%. newt gingrich and ron paul are 17 and 8% respectively. and tomorrow, there are caucuses in kansas, wyoming, the virgin islands and guam. santorum and paul will be in kansas today but the gop hope. are focusing on tuesday's primaries especially alabama and mississippi. the gingrich campaign admits he needs to win those states to stay competitive. 4:43 now. pg&e is doing something no state regulated energy company has ever done before. the utility will now provide bills in spanish or chinese for

those that have limited english. regulators approved the plan yesterday. the changes will also include large format bills for the vision-impaired. it's going to cost a few bucks. pg&e will have to fork out 19 middle school to do it. customers will see changes in 2013. wells fargo is getting rid of free checking in six more states starting in may. customers will pay $7 a month for check. you can avoid fees by keeping a minimum balance of $1,500 or making direct deposits of at least $500 a month. the bank started charging customers in california and other western states last year. and b. of a. has reached an agreement with the federal authorities to help keep borrowers from losing their homes and keep bank of america from being fined millions of dollars. the "wall street journal" reports that bank of america will lower mortgage balances to the current values of the homes. the reduction will average more than $100,000 per home and

hopefully help the costs. we know who expensive housing is so a developer thinks he has the solution. patrick kennedy has a prototype in berkeley of what he calls smart spaces. they are 160 square feet in size. kennedy admits that these cozy confines are not necessarily for everyone. >> we have a woman in our office that's very keen on smart space but she said that if she lived here she would have to have two one for herself and one for her shoe collection. [ laughter ] >> sound familiar? >> kind of does. >> i was thinking the same thing. rent is expected to be as low as $900 a month. two complexes are in various stages of construction right now. trying to picture it. >> look at it. they're new. they look good. but you would be walking like this. did you want something to eat? or -- >> it's better when you're shorter and smaller, make it easier to live there. >> might work for you. [ laughter ] >> i may have some trouble. >> i might check it out. we have a major problem for america's cup.

>> why some of the big races could be held in new york. >> plus mistakes at military burial grounds. the plan to prevent it from happening again. >> a california beach closed this morning. tell you about the disturbing discovery coming up. temperatures now chilly 40ss across the bay area. but we're warming up to the 70s by later on this afternoon. coming up, we'll take a look at your forecast. ,, ,,,,,,,,,,,,

campus. police say two people are dead, seven others injured in a shooting at the university of pittsburgh campus. police say the suspect opened fire inside the lobby of a psychiatric clinic yesterday. a university police officer apparently shot and killed that gunman. a quick police response helped

save several lives. the motive of the shooting still unclear at this hour. one of the "speed freak" killers may have trained an apprentice. wesley shermantine told a sacramento television station that his fellow "speed freak" killer loren herzog trained someone how to get away with it. he said he warned him to get out of the country. meanwhile, shermantine also told our sister station in sacramento about more possible victims. he says he and herzog killed more than 70 people. the veterans administration says that it will check all of its national cemeteries for a possible mistake in marking graves. two cemeteries here in the bay area have been found to have mismarked graves. the problem was first discovered at arlington national cemetery. soldiers there are helping set up a new electronic records system. the mistakes are blamed on contractors who moved markers during various projects and didn't return them properly. the va says it is working to

correct 48 mismarked headstones at the san francisco national cemetery in the presidio. and they plan to mark three graves there that were previously identified as unmarked. at golden gate cemetery in san bruno, 33 incorrectly placed headstones will be restored, and 18 new headstones will be placed on previously unmarked graves. 4:50. students in indiana are preparing to go back to school almost a half of henryville schools destroyed in last week's tornadoes. students could return next week at the henryville junior senior high school. school officials say they can save half of what's left of the school. they are relying now on donations for just about everything from desks to buses to get things hopefully back to normal. and windy weather was too much for a gas station in massachusetts. it knocked over a canopy which landed on top of a car. the driver of the minivan was not in the vehicle at the time. good thing there. national weather service said winds got up to 50 miles per hour. it was in the 60s, believe it or not, down in new england

yesterday. so the weather is a little wacky right now. >> that's new bedford. now where that is? >> down on the south coast of massachusetts. >> is it always windy over there? >> it was that day, i got news for you. >> i lived in wyoming and i have never seen such strong winds until i lived there. all right. let's talk about what you can expect heading out the door right now. not too bad outside. mostly going to be in the 40s. we do have a couple of spots though reaching or near freezing especially inland like fairfield coming in at 32. for the most part we are clear out the door right now but we are seeing a little bit of patchy fog especially along the coast. by this afternoon, hey, we have another gorgeous day on tap. we could see widespread 70s, low to mid-70s across most spots. otherwise, mostly in the 60s but we are going to see plenty of sunshine. so this high that's bringing us this kind of nice mild weather, well, that's now heading east and we are going to be left with this low. it is inching closer towards the bay area. and we are going to feel the effects of that low pressure as early as tomorrow.

we are going to see those cooler temperatures and yes, we have a lot of rain in our seven- day forecast. pinpoint forecast though for today, you can see mostly sunny all across northern california. 72 in redding. 73 traveling up to ukiah. otherwise pinpoint forecast closer to home. as you can see, widespread 60s, low 70s. mid-70s in the south bay. east bay numbers, not too bad. 72 in concord. 73 in places like antioch and brentwood. and in north bay 61 in stinson beach. 72 in santa rosa. and 69 degrees if you are in the berkeley area. so check out this forecast over the next few days. as you can see, today is going to be the nicest day in our seven-day forecast. and then we got cooler temperatures by tomorrow. and then on sunday, we are keeping a slight chance of sprinkles in the forecast for sunday during the day. better chance of those sprinkles on monday through the end of the week. so we have a long line of rain showers there in our seven-day forecast. >> that would be the storm door, wouldn't it? >> that would be the old -- where's lawrence when you need

him. i should have said that. the storm door is officially opening. >> wah, wah! >> the birthday girl. with a little traffic. >> i have lots of good news to report. happy friday, everyone. not bad as you work your way on the golden gate bridge this morning. they are just wrapping up the lane changes so things are looking good in both directions, no delays out of marin county. elsewhere roadwork is all you need to look for this morning but everything is in the clearing stages coming off 80, everything looks good here towards the bay bridge. later on roadwork scheduled for the upper deck of the bay bridge. so far things are looking good towards the toll plaza. 18 minutes to go from the carquinez bridge to the maze. elsewhere, south 880 from broadway to embarcadero, they had roadwork scheduled here but that's in the clearing stages. should be out of there within the next 8 minutes. you can see lots of green on our sensors that indicates nice traffic conditions this morning. here's a live look at 880. northbound clear into the maze. southbound an easy ride heading towards 238 into hayward no delays there. also if you are taking the

antioch bridge this morning, you're in luck. they have wrapped up that roadwork, as well. everything now completely clear. and it's free-flowing in both directions also no fog through this this morning so things are looking good. nice visibility. as we come off the bridge, you will see some slight delays on that westbound side but typical for your morning commute. eastbound there is some roadwork in the clearing stages as well so as soon as that gets over to the right shoulder that should wrap up also. south bay problem-free very light conditions this morning. here's a live look at northbound 280 as you work your way through downtown san jose. it's dark but so far traffic looks good. 880/237 no delays. that's traffic. back to you. >> it is now 4:54. experts say that it's a good chance that you can see gray whales in the san francisco bay this weekend. one of them was spotted yesterday for the second straight day. it was located near fort mason. there were also reports of a mother whale and a calf near the golden gate bridge. boaters are being warned to steer clear. and a sewage spill forced the closure of a beach in

monterey county today. a one-mile stretch of a state beach is closed after 800 gallons of raw sewage overflowed from a manhole in pebble beach the the beach will be closed until water samples immediate safety guidelines. a city race official says the america's cup race schedules for august may be held in new york harbor instead of san francisco bay. it's to help increase the tv audience and worldwide interest. america's cup executives says holding races around the statue of liberty would engage the east coast but the chances of that are only 20%. they hope to present the final plan to the san francisco board of supervisors later this month. his injury was one of the most talked about in baseball last year and today, san francisco giants catcher buster posey expected to play a game down in spring training in arizona. only exhibition but for posey, it's a big, big test of his

surgically repaired ankle. in may of 2011 a collision at home plate broke his left fibula an tore some ligaments in his ainge come. i'm glad we didn't show the video. it's so painful to watch. we'll see where it all goes. do you remember that story where you had recently about a man in las vegas having a heart attack when he ate a triple bypass burger? that's not stopping a texas restaurant from selling its quadruple heart clogger. it's huge. people are still flocking to the hubcap grill in downtown houston to buy the burger. >> we take our burgers seriously, serious as a heart

attack. wieners split in half, crispy bacon. >> did have hot dogs on there. >> top it off with spicy chili at the end. the hubcap owner says people who eat it should get on the treadmill when they are done. >> there's a funeral parlor next door. [ laughter ] >> just made that up. [ laughter ] ever wanted to be your own barista? >> starbucks is going to give the chance. we'll tell you how you can do it. >> we have a summer bummer. the tough new rules that may lead to closed swimming pools. and appeals court ruling could come today that could change the course of the case against sheriff ross mirkarimi. a live report coming up. dozens of berkeley neighbors locked out of their homes this morning and they may need to find a new place to live. we'll tell you why coming up. ,, ,,,,,,,,,,,,,,

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