live from the cbs bay area studios, this is kpix 5 news. breaking news, an inmate makes a break for it and escapes custody in hayward. the search underway as we learn more about the crimes he allegedly committed. good afternoon, it is tuesday, january 31st, let's get right

to kiet do who is live in hayward where alameda county sheriff's deputies are helping in that search. >> this guy is either really brave or really crazy, perhaps a little bit of both. we're live right here on a street in hayward. up there is 880. that's pretty much where it all happened. chopper 5 was over the scene shortly after the inmate popped open the door to the honda civic rental car that the deputies were using to transport him this morning. the sheriff's deputies from kentucky were driving in stop- and-go traffic in the far right lane of 880 southbound near a street. he somehow opened the back door and made a run for it. he was handcuffed in the back last seen running in a southbound direction across the opposite direction of the freeway. it is not clear what security measures the kentucky deputies had in place besides those handcuffs. the honda civic was a normal rental car.

alameda county sheriff's deputies are helping with the search and asking the public to keep their eyes peeled. >> if anyone sees him or anyone that looks like him running down the freeway or in a neighborhood surrounding in section of 880, please give us a call and we'll respond and take a look. >> reporter: shawn new is a 27- year-old white male with a tattoo above his right eyebrow. he was last seen wearing a plaid shirt, jeans and brown boots. he was under arrest for fraud and identity theft in the state of kentucky. if you see him, hayward police want you to call 9-1-1. we're live in hayward, kiet do kpix 5. a small rally is underway right now at the san francisco offices of california's two u.s. senators, the protests are urging dianne feinstein and kamala harris to vote no on president trump's remaining cabinet nominees. a u.s. senate committee has approved betsy devos' nomination for secretary of education. it now goes to the full senate.

kpix #'s jackie. >> reporter: kenny, the announcement that betsy devos got one step closer to heading the department of education was made just a few hours ago. those who are here are not happy about it. the people here are mothers, school board members, teachers, parents and students, and the bears at the foot of that statue represent betsy devos' 100 conflicts of interest. they also represent the -- devos said if confirmed she wants to address the rising cost of higher education and the massive student debt problem our country has. she also hopes to advance trade and vocational schools as well as community colleges and she is known for her support of charter schools and promoting her conservative religious values. this protest is part of a series of resist trump tuesdays in which demonstrations similar to this are happening in approximately 300 cities across

the country. jackie ward kpix 5. a u.s. senate committee did advance a couple more of trump ice nominees. the energy and natural resources committee has backed former texas governor rick perry for energy secretary. the same committee has given a nod to ryan zinke from montana. both nominations will next go to the full senate. today the full senate did approve elaine chao to serve as transportation secretary. chao was the labor secretary under president george w. bush and is also the wife of mitch mcconnell from kentucky. mcconnell voted present to avoid any conflict of interest. democrats in the u.s. senate are boycotting planned committee votes on two of president trump's cabinet nominees. the democrats say there's evidence that the two nominees were not truthful in previous testimony. one of the nominees is tom price picked by trump to head the department of health and human services. democrats want more information on his stock trades in an

australian medical company while he was a lawmaker. the other is treasury secretary nominee steve mnuchin. democrats are concerned about practices at one west, a bank where mnuchin was once ceo. >> the truth matters. responding to questions of senators, getting accurate information matters. that's not what has been happening here. >> the boycott will delay those votes because at least one democrat must be present for the committee vote to take place. new at noon, san francisco has a message for president trump, not in our city. kpix 5 reporter anne makovec joins us now with the explosive new lawsuit aimed at the white house. >> this. >> reporter: this is all in response to the president's executive order threatening to cut funding to sanctuary cities, those that refuse to fully cooperate with federal immigration officials. san francisco's city attorney says it is unconstitutional and he's ready to fight. >> i'm announcing today that

i've filed a federal lawsuit against president donald trump. somewhere the lawsuit contends that president trump's executive action is unlawful for two reasons. first if he says it interferes with the city's ability to make decisions in the best interests of its residents. second, he says the executive order tries to turn the city into u.s. immigration and customs enforcement, basically coercing local law enforcement into becoming the deportation arm of the feds. >> this is not a step that i take lightly, but it's one that is necessary to defend the people of this city, this state, and this country from the overreach of a president who has shown little respect for our constitution, state's rights or the rule of law. >> so the city attorney is asking the court to halt the implementation of the order. he also wants a declaration that san francisco does currently comply with federal law by honoring criminal warrants from the feds. at the same time state lawmakers are thinking of doubling down on sanctuary status. they are considering two bills that could turn california into

a sanctuary state. both policies on the table today are aimed at protecting immigrants at risk of deportation. one would prohibit police officers from collecting information on a person's immigration status, and prevent them from cooperating with federal immigration agents or i. c. e. another proposal would help defend immigrants in court using taxpayer funded legal aid. the legislative package was introduced in december, now both of those bills are on the fast track set for hearings this afternoon. thank you, in the meantime, senators in the judiciary committee are debating whether to confirm jeff sessions as the new attorney general. it comes after the late night firing of acting attorney general sally yates. the white house claims that yates betrayed the department when she refused to enforce president trump's travel ban. yates said she was not convicted the executive order was lawful. >> the attorney general is the people's attorney, not the

president's attorney. >> top ranking democrats used the hearing to question whether sessions can remain nonpartisan while upholding the law. president trump plans to announce his nominee for the supreme court in a live prime time address tonight from the white house. sources have told cbs news that it's a tossup between two federal appeals court judges right now. neil gorsuch of colorado and thomas hardiman who's from pennsylvania. you can watch live coverage of the announcement at 5 p.m. right here on kpix 5. today the defense will get their turn in the trial of the man accused of killing 15-year- old sierra lamar. the trial began yesterday. lamar went missing nearly five years ago on the way to a bus stop and her body has never been found. the prosecution's case is circumstance, although they say they do have dna evidence linking garcia torrez to her murder. if convicted garcia torrez could be sentenced to death.

oakland's i-980 freeway made a national list for necessary teardowns according to a new report by a national urban planning nonprofit. the 2-mile stretch of road was originally constructed back in 1985 as a highway to a bridge that was never built. according to a uc berkeley study, it's under utilized reaching only 41% capacity during peak hours. and now the downtown oakland association director is pushing for the teardown in hopes of reclaiming valuable real estate for affordable housing. >> still ahead, president trump keeping one executive order from his predecessor, the protections that he is upholding for the lgbt community. >> and if you haven't signed up for cover california, you're running out of time. the deadline to get health insurance. >> sure we have some clouds, and sure we have some haze, but we surely have some very mild temperatures. good afternoon from the kpix weather center where we are tracking rain heading this way.

we'll pinpoint when it will be rain in your neighborhood as the news continues right after this. ,,,,,,,,,,,,,,,,

signed by his predecessor, barack obama. president trump plans to continue at least one executive order signed by his predecessor barack obama. the white house says trump will maintain a 2014 executive order protecting federal employees from anti-lgbt q discrimination. the white house says trump is respectful and supportive of lgbt q rights. the 2014 order extends protection against discrimination based on sexual orientation and gender identity. the new case parliament will debate whether or not to approve an official visit by president trump. the issue was prompted by an online petition that has nearly

2 million signatures now calling for the visit to be canceled. if you haven't signed up for health insurance with covered california, now is the time. the deadline to apply is midnight tonight. so far about 327,000 people, roughly the same as a year ago, have signed up for new coverage, and 1.3 million others have renewed their existing plans. the open enrollment period ends at midnight. we're learning more about the french canadian university student accused of killing and wounding worshipers inside a quebec mosque. anna warner is in quebec city with new developments about the suspect. >> quebec city's frigid temperatures didn't stop thousands from paying tribute to the victims of sunday night's deadly shooting rampage at a local mosque. >> they are home here. >> prime minister justin trudeau joined other canadian leaders showing their support for quebec's muslim community. more than 50 worshipers were in the mosque when the attack

began during evening prayers. six men between the ages of 39 and 60 were shot and killed, the suspect, 27-year-old alexandre bissonnette was a student at duval university. he appeared in court yesterday and was charged with six counts of first degree murder. >> the charges are those that was disclosed by the evidence so far. >> law enforcement sources tell cbs news they believe bissonnette is a white wing extremist. on facebook he liked the political organization generation national whose manifesto rejects multiculturalism. this shooting is a reminder of why president trump is taking steps to be proactive instead of reactive when it comes to national security. but all indications here are this was not an attack by overseas islamic terrorists but by a home grown suspect here from canada. anna warner, cbs news, quebec

city. >> police initially arrested two men following sunday's shooting but later said just one remained a suspect. sources telling cbs that bissonnette was not known to u.s. authorities and police have not speculated on a motive. this morning a public hearing was held in san francisco to discuss the bail system in california. the meeting hosted bail reform groups, industry representatives and law enforcement officials. organizers say they're concerned that the current system targets poor people who are unable to make bail. >> time for a check of our weather with roberta. >> it looks like our month of february is going to come in just very similar to january, dry the first day and then rain enters the picture for several days. hi everybody, good afternoon, this is our live weather camera from mount vaca. isn't this dramatic, you can see to the tiptop of mount diablo, 3800 feet high. you can see high level clouds above it, and below it that's a lot of haze from the san joaquin valley, the sacramento

valley in which we have seen the fog drift in. currently we have temperatures pretty much into the 50s across the board. nice recovery in livermore and santa rosa after dipping down to 32 degrees very early this morning. the winds have been up to 10. 54 degrees in redwood city, barometric pressure is beginning to fall, which is a good indication. the front with rain moving closer to the bay area, nonexistence wind. robert says hey it's a great day to go for a walk. mild temperatures today, unseasonably mild, rain will develop by tomorrow evening's commute and the extended forecast calls for rain and wind for thursday, friday, even into your weekend. these clouds are -- the main front that is headed this way, those are the clouds we're looking at with this live weather camera. this is a beautiful image. this is a frontal boundary. it looks like a giant comma. here is the core, the center, when that moves here on thursday, that's where we'll see the heaviest precipitation

and the gustiest wind. here's your wednesday futurecast, by the evening commute we start to see the light rainfall. rain in the overnight hours. look at the front slice into the bay area just in time for thursday morning commute. we're in the showers throughout the day. the winds will whip up to 35. 50 highest elevations, wind advisory will be in effect for thursday according to the national weather service. your friday we will have the lingering showers and by saturday we could see up to 5 inches of rain in the highest location, and generally an inch to an inch and a half across the urban areas. 52 in the high sierra today, clouding up tomorrow. winter storm watch goes into effect wednesday night all the way through the weekend. we're talking about 3 feet of snow expected in the highest locations. sunset 5:33 and there you have it. rain begins wednesday in and out of the showers pretty much all the way through saturday. more rain likely sunday night through your monday. make it a great afternoon. thank you. coming up, you've probably seen this happen, someone riding

b.a.r.t. with a big bag taking up space from other commuters. how riders will be getting relief during their daily commute. >> and what's cool about your school, you can e-mail your nominations, coolschools@kpix.com. we may feature your school on the broadcast. we'll be right back. ,,,,,,

at at&t, we believe in access. ,,,,,, the opportunity for everyone to explore a digital world. connecting with the things that matter most. and because nothing keeps us more connected than the internet, we've created access from at&t. california households with at least one resident who receives snap or ssi benefits may qualify for home internet at a discounted rate of $10 a month. no commitment, deposit, or installation fee. visit att.com/accessnow to learn more.

the cost of education may soon go up at the california state university's 23 campuses. in march csu trustees are expected to decide whether to increase undergraduate tuition by 5% for this year's fall semester. supporters of the increase say it's necessary to cover a variety of rising costs. it would be the csu's first tuition hike since 2011. another legal problem for san francisco based wells fargo bank. this has nothing to do with the unauthorized account scandal. a college student and a latino civil rights group sued the bank claiming it denied student loans to young immigrants who have deportation deferments. in a statement, wells fargo said it's disappointed that the plaintiffs filed suit rather than work with the bank on some

solutions. leaders in san jose are calling for major changes after the city council voted to tighten rent control. in april the city council voted to reduce maximum rent increases from 8% to 5% percent. it also created registry to track rents and started a program to resolve landlord disputes. now the city's auditor claims that the program is understaffed and isn't helping tenants. leaders want to revise the program and expand the rent control. b.a.r.t. believes that it's new fleet of train cars will solve a long time problem, big luggage and giant backpacks taking up passenger space. the new cars will be equipped with extra room under seats so people can store their belongings. this includes special luggage racks for other items that could bump other passengers. >> most time i'm early enough that i get a seat. when it is crowded i to get bumped a lot. >> the new cars with are expected to debut later this

year. today's fresh grocer tony tantillo shows us why red bell peppers are a good snack. >> red peppers are right now available and let me tell you something, the prices are great. they're available year round but in the winter time, some of the prices really drop on these red peppers because there's so many being imported in. the price range of $0.59 a pound to $1.99. you can't beat it. still loaded with nutritional value, 330% of the vitamin c for the day and great flavor. make sure they're bright red all the way around. check the crowns right here, make sure it's free from decaying and the stem is attached, great to stir fry, to saute, not too much to stuff because of how they're shaped. besides that they're great for everything, even raw in salad. so red peppers, the elongated peppers in the mark, in the

market, price great, pennys on the dollar for nutritional value and flavor. i'm tony tantillo your fresh grocer. always remember to eat fresh and stay healthy. >> if you have a consumer problem or question, you can e- mail our hot line consumerwatch @ cbssf.com. or call the hot line at 888-5- helps-you. we'll be right back. ,,,,,,,,,,,,,,,,,,

winfrey has made regular oprah win free is becoming a special contributor in 60

minutes. winfrey has made regular appearances on cbs this morning and for 25 years she hosted her own award winning daytime talk show. the media mogul went on to start her own tv network and magazine you can catch her first appearance here on kpix 5 next month. >> did you ever meet her? >> i did. i went to her show and i met her and she had my hair done. >> so you get a tv, you get a tv. >> right there. >>

♪ >> zende: i know i wasn't gone that long. >> thomas: it's a good thing, man, believe me. >> zende: but it did give me a chance to think about things, figure out where i am with nicole. >> thomas: which is? >> zende: right where i was when i left. >> thomas: hmm. >> zende: but i am gonna change that. >> thomas: mm-hmm? >> zende: got to. look, i want a future and a life with nicole. >> thomas: cheers to that. wish my time away clarified things like that. >> zende: hmm. you said caroline was still in new york with douglas. >> thomas: yeah. and while i was out there trying to sort out my personal life, steffy was here getting herself appointed to c.e.o.