district judge walker overturned the temporary stay. >> after reading the opinion by the judge, certainly the conclusion is very strong that proposition eight does violate the 14th amendment. since that is a depravation of rights, that people aren't allowed to marry, we say no stay, let california's law be reestablished the way it was before proposition 8. meanwhile, judge walker will have until today to submit written argument on whether he should lift his temporary stay and allow those marriages to go forward while the matter is appealed. the judges decision on that stay is expected in the next week or o two. some county clerks here in the bay area say they are poised and ready to begin

issuing marriage licenses to same-sex couples if and when judge walker lifts his stay. we have word tonight of a massive recall involving nearly a million pounds of ground beef and a company based here in modesto. the recall comes after several people got sick from e.coli. we have more on the recall and how you can protect yourself from getting sick. >> reporter: about 250 cases, an average of 250 cases of e.coli are reporting in california every year. the state department of public health say about 10 of them die. the bacteria is found in produce and meat and even no one know s if the meat is contaminated with e.coli until people get sick. valley meat of modesto acted quickly on the recall after a half a dozen people probably

got sick from the frozen patties. >> you can't smell it or see it. >> reporter: if you're going to cook your meat, be sure to cook it well. wash your food too. that's what shopper lamanoe says he does. >> you should wash everything from the store, food and produce, even though they tell you it's been washed. >> reporter: some consumers say they're careful but aren't up to the news. >> i can't be worried about everything. >> in the past when i read about it or heard about it i try not to shop at that store. >> reporter: safe way was just one of many different supermarkets that received the meat, most if not all the meat was sold months ago. the meat was distributed in three other states as well. valley meat released a

statement that says, we will investigate the matter thoroughly and take any measures. this was the áf valley meat's first recall. reporting live, jim vargas, ktvu channel two news. the sentencing hearing for former san francisco worker at the center of a computer hacking scandal is still going on at this hour. convicted in april of locking the city out of its main computer disk system for more than two weeks back in 2008. today's hearing started at 2:00 this afternoon and still has not finished. child's attorney is asking for probation, but prosecutors want the maximum punishment which is five years in prison. well a trip from colorado to california turned deadly today for three people. two of them from the bay area. the small plane they were in crashed wednesday in the

colorado mountain, and tonight a silican valley neighborhood is in mourning. maureen naylor is live now at the international airport with more details. >> reporter: this afternoon we learned that that small plane was headed here to the san jose airport. that two of those killed including the pilot were from sunny vale. these images capture the smoking plane wreckage after wednesday's crash which happened about 1400-mile from the colorado mountains. all three people on board this 1951 white and gold single engine beach bonanza were killed. today we learned that the plane had two passengers. 70-year-old john howard and 56-

year-old catherine hev era n and 25-year-old james chatman. >> we just wavered to each other. he lived there as long as i >> in, they are very people loving. >> i'm very sad to hear about that, yeah. very sad. his first wife, she was a pilot. >> reporter: neighbors say howard spend decades in this home where he raised two daughters and say the couple was known to be gracious hosts. >> they have a pool in the back, i know they, they invite people to come over for parties or something. >> we often see a lot of cars parked by their house. i think they have a lot of friends. >> reporter: but today the house stood quiet with just a lone car covered in the driveway. the plane howard was flying in was licensed to howard which had been kept in the hanger for the mast 23 years.

ntsb is planning to will your honor to the plane crash site to determine what exactly caused the crash. maureen naylor, ktvu channel 2 news. the nation's unemployment rate remained unchanged in july. a discouraging sign when it comes to the u.s. economy. private employers added 71,000 jobs last month. at least 200,000 a month are needed to bring down the unemployment rate. over all the economy showed a net loss of 131,000 jobs, mostly because the government let go 143,000 temporary census workers. speaking of workers at a washington, d.c. factory today, president obama called the new job's report a good sign. mr. obama chatted with employees while touring a

factory. he noted that the country had added private-sector jobs every month so far this year. but he said the government must do more to encourage job growth. >> not only to lay the foundation for private-sector job creation but also to accelerate the highway. to fuel the small engines which are the basis of the growth. not a year from now, not six months from now, but now. >> reporter: the president also urged congress to pass a $30 billion bill to increase loan limits and tax cuts for small businesses. today's job numbers helped push stocks slightly lower. the employment news sent investors looking for safety. the dow dropped 21 points but finished nearly 32% higher for the week. the nasdaq closed off 4.5

points today. for more financial and consumers news, go to ktvu.com and click on the business tab. governor arnold schwarzenegger today reminisced about his time in office. but the governor's soft side came out after delivering some bitter news. randy shandobil has our report. >> reporter: the state budget is now 2.5 months late from being approved. today the governor said he is willing to meet and reach a compromise. he was talking at the 49ers santa clara headquarters. >> they want to continue raising taxes. >> reporter: but he said he hopes to sign a budget agreement within weeks. >> i have a feeling that both parties want to get this done as quickly as possible. >> reporter: though the

governor as he most often is was optimistic today, he seemed very much aware that he'll leave office soon with many of the problems he was elected to fix still unsolved. >> i have two choices as governor, especially since this is my last year, to try and make everyone happy and go and go along with them. or do i want to go and wage this battle. normally as an outgoing governor, let's just agree with what the legislators want to do this way i bail out and everybody love s me, and leave this whole problem with the over governor. >> reporter: but he, the governor said he wouldn't go out as a pussycat. he vowed to fight to the end. >> the gap is very, very wide. >> i have had the greatest time being governor, yet it was difficult, the most difficult

thing i've ever done, but it was rewarding, it is satisfying to give some time back. >> reporter: even though the election takes place in november, arnold schwarzenegger will serve until next january. political editor, randy shandobil. the first campaign debate between democratic senator boxer and her republican candidate fiorina will be held right here in the bay area at st. mary's college in moraga. ktvu, public radio and the san francisco chronicle are all sponsoring the event. and our own political editor randy shandobil will be one of the moderators. we will also carry the debate live here on ktvu. it might be called a boring job, but it is one that is huge and fascinating.

i'm tom vacar, a new culdevac tunnel is about to begin. and i'm your chief meteorologist bill martin, and i have your bay area weekend forecast coming up. introducing the new droid x. pre-loaded with blockbuster. the next generation of does.

a southwest airline employee was injured today when the cart she was driving struck the nose of a plane. the worker suffered moderate back and neck injuries and was taken to the hospital. her condition has not yesterday been released. the plane that was headed to phoenix was taken out of service for information. tonight we're getting a look at the massive machine that will begin carving out the caldecott tunnel. tom vacar live at the caldecott tonight is live to show it to us before it literally

disappears under ground. >> reporter: you will see that they are doing some drilling here, the idea being to make sure that there's nothing that they're going to run into when that big auger finally comes through. the new oar will not delay congestion, but it'll make it a shorter commute. workers are already on-site. this huge $5.2 million custom german built moor will be the primary tool in excavating the tunnel. this will power through the rock and dirt. tunnel regulars can hardly wait. >> the traffic is horrendous, no matter what time in the afternoon that we go or the morning, we usually take fish tank road and over the road and

back to the clairmont just to beat the congestion. >> reporter: starting monday is when these 50 dump trucks a day will haul rocks and dirt to be used at the construction site at san francisco's hunter's point. any contaminants will be hauled to special hazardous waste dumps. but some near by residents are already worried about dirt, dust and noise. >> during the day you don't really notice it. but at 2:00 or 3:00 we have heard trucks. and we were told there wouldn't be anybody at that time. i think it will be a problem because i'm feeling like it's a bit of a problem now, and the drilling hasn't even started which i thought it started, there's more traffic, there's more cars parked on the side of the load. i think it could be hazardous

and it could be a big problem. >> reporter: business owners have high hopes. >> i think the whole community will benefit of having more people in the area. >> reporter: it's going to take four years to complete the project for a finish sometime in 2013. coming up at 6:00, we're going to take a look at the big money involved and where it's coming from and how it was all put together. reporting live, consumer editor tom vacar, ktvu channel 2 news. a judge today sentenced a man to life in prison without the possibility of parol for killing his elderly aunt and setting her home on fire. 53-year-old alan thomas was convicted in june of stabbing to death his 33-year-old aunt amanda pierre inside her oakland home. thomas killed his aunt because he thought she had taken money from him that he said he needed to feed his crack and heroin addition. oakland police made a huge pot bust today while responding to reports of a prowler.

officers arrived at a building on east 12th street near 12th avenue to find two young men trying to steal an estimated $.25 million of marijuana. they say the suspects were throwing garbage bags full of pot from a second floor apartment. officers arrested both men but still don't know who lives in that apartment. authorities say they discovered a similar pot growing operation in that building two years ago. advocates for the homeless have been camping out in the steps of the santa cruz city offices. okay, seems like to me that a lot more people in the newsroom were smiling, that's because a lot more of us got to see the sun today. bill, it wasn't that bad out

there. >> did it seem a lot more humid today. >> it did. >> substantially. >> it did. >> still cloud cover, but as julie points out, the sun came out earlier. temperatures came up a couple of degrees, not a heat wave but any means but warmer. we'll go outside and show you the warm up out there right now. as we head downtown over to market street, south of market out by the ballpark, the fog shooting across twin peaks right here. and the fog headed toward your neighborhood tonight. as we head into the bay area weekend, it's going to be another day tomorrow like the way day we had today. clearing for the coast for your bay area week edge. what's new? that's exactly what we've been seeing every day for the last two months. we haven't had much of a change. the same pattern stays with us, slightly warmer, small variations but we'll take you through those small variationings. we have target forecast that

address your neighborhood, the area where you live. we'll show you a couple of thoughs in a little bit here -- show you what we're showing you for tomorrow morning will show for a few kilometers. on the west side of town you're going to be fog. freemont cloudy, out by evergreen no fog. but out toward campbell some fog. so the key impact as we track the fog with this key pressure center here, it's the reason that the fog is getting a lot more inland but as we move through the afternoon it'll clear to the coast. the weekend highs just in the low 80s at best. next week, stays cool. but you know what else, the fire danger stays down, the air quality stays great. so even though there's not any big changes, there's some subtle change, i'll be back

here in a little bit, got some target forecasts for you. it appears a popular san francisco sandwich shop may soon be a victim of its own success. the notice is effective august 26. the order comes after months of complaints from neighbors about the noise inside and the huge lines outside. the city planning department says the owner has a permit to run a coffee store not a restaurant. ike's managers say they've tried to be good neighbors. >> we literally have someone out here eight hours a day. telling people to stay off the sidewalk and be courteous.

she is making a sudden departure from the obama administration. but today the economic advisor explains just why she is leaving and coming back here to the bay area. plus some state lawmakers take a stand at uc berkeley, what they want university reasons to do. and it came an order for the government. find out where blackberry service was turned off today. a bay area high tech company rocked by an alleged scandal. we're following new details of the last minute step down of hp's ceo. with more and more cops stepping down, some want to step up. plus a major controversy in the south bay from hemp come to a brand new marijuana

dispensary. we're following the pot trend in the u.s.

out going white house economic advisor christina romer denied rumors on what she's leaving her post. there was speculation that she left because she thought her voice wasn't being heard in the but romer said today she is leaving solely for family reasons. her son starts high school in the fall and she plans to return to uc berkeley as an economics professor. roamer said the economic team in place works well despite the set of quote, strong penalties. a couple of people were on hand to call for more action to save employee retirement plans. a large crowd of protesters gathered this afternoon in front of the medical sciences building. state senator leelan yee says

the are broader implications. >> sometimes when the regents sing, we catch pneumonia, that's what's happening now. >> reporter: the uc workers say the university is trying to chip away at their retirement and pension program, the university did not comment on today's protest. officials with the online site google filed a suit after south carolina ag's opened an invest into whether craigslist carries laws for prostitution. the lawsuit is premature since no one has been charged. south carolina governor says he continues to continue investigating. craigslist denies that they knowingly carry ads for prostitution.

the saudi government ordered people to turn off their blackberries. the move mostly was for government employees. a war vet is buried today after dna testing. and we're going to update you on the gulf oil leak.

>> something that he wore, i

can put it with mine. for so long they held on to the little things as they wandered about the fate of their loved one, a war hero. but now that mystery has been solved. after 66 years, the remains of a bay area war hero are on their way home. thanks to his family's determination and high tech science. our health and science editor john fowler is live now with the story for us. >> reporter: sergeant john banasio is to be buried here at the holy cross cemetery that's in four days, 66 years after he died in combat fighting for his country. bonosio was a 20-year-old from oakland. a sergeant in the army air corp. his older brother still misses him. >> he never said a bad word, he never swore, just a good guy. >> reporter: bonasio was a

gunner, attacked by nazi fighters over germany. this crash report identified ten crew men missing in action. including bonasio. all presumed dead, the bomber exploded at impact. but the wreckage was not excavated until years after. >> something that he wore, i can put it with mine. >> reporter: their sister paulett was five at the time of the crash and haunted by it. she contacted other air crew families, searching for the crash site of bomber number 42110105. she went to germany and scoured the country side west of berlin. >> she actually found the field that he crashed in. and even came back with a piece of his uniform. which is unbelievable to me. >> reporter: she also gave a

dna sample to military authorities. sergeant jack bonosio's body will arrive in san francisco monday. >> sad, a loss. >> reporter: and closure for the family jack bonasio is to be laid to rest here next to his father jacques, yet another war hero on his way home. a northern california world war ii veteran who was one of the survivors of the baton death march has died. sergeant john bristoll died yesterday near sacramento. his family says says bristol was a prisoner of war. >> what he took away from it and what he brought back to us is don't hate, don't carry the

hate in your heart. >> reporter: sergeant bristol married his high school sweet hard and settled in the sacramento area. he was 78 years old. and police are trying to track down a developmental mentally ill woman who went missing two months ago. officers say they were told bloom was doing well but were not allowed to see her or go in the home. the sister recently passed away and they want to make sure bloom is doing okay. she is wheelchair bound. on the gulf coast tonight, federal scientists and bp are keeping a close eye on the cap and sealed oil well, but it appears the mud and cement plug is holding. and the response refocusing. on the environmental clean up and on the people who had been hurt most by this crisis.

>> the cementing following the static kill operation occurred, just like the static kill that operation went very well. and it appears to be a performing as expected. >> reporter: bp's point man in the gulf, doug suttles says the company is monitoring the new cement seal in the well. and crews are preparing to dig the final 100 feet of the primary relief well. bp says it will use that well to pour more mud and cement into the blown out well to make sure it is plugged for good. the focus is on capping that well, cleaning up the damage, and helping the people who's lives were up ended by the spill. >> and they really worry about will life come back to normal, will it come back to what it was. and you feel that, it's terrible and that's why we have to be here for the long term. >> reporter: as bp enters that next phase of response, there will be a change of the guards.

mike esther will take up for suttles in the response. >> i look forward to bring it from response to recovery and ultimately into restoration. >> reporter: doug suttles is returning to his job at head of bp exploration. today in response to reporters questions, he did not rule out the possibility that bp could drill again in the same reservoir where the spill took place. >> we haven't even thought about, clearly there's lots of oil and gas here and we'll have to think about what to do with that at some point. >> reporter: the gulf coast reservoir where the deep water horizon sat is thought to hold $100 billion of oil. and an investigation of

palin's appearance at stanislaus foundation found no wrong doing. a new ruling shows up a legal show down between google and a man who claims he was fired from that company because of his age. and new information out tonight from the world health organization about the h1n1 virus. o?oowq

the u.s. senate has unanimously approved a san francisco lawyer as the next u.s. attorney for northern california. melinda hague will be the first woman to hold the postin 40 years. and replaces the u.s. attorney appointed by president bush. and president obama noted that when kagan takes her seat for the first time in history there will be three women serving on the nation's highest court at the same time. he also referred to the fact that kagan will be leaving her job as u.s. solicitor general. >> while she may be feeling a

twinge of sadness after giving up her title of general, a cool title. i think we can all agree that justice elena kagan has a pretty nice ring to it. >> reporter: kagan is scheduled to be sworn in tomorrow at the u.s. supreme court. the state supreme court says an age discrimination suit against google can go to trial. ryan reed was 54 years old when he was fired six years ago. he says coworkers and a supervisor called him an old man and a fuddy duddy and he says that shows there was a bias against older workers. google says reed was not fired because of his age and when the trial goes to trial it will move it does not discriminate. iphones with wifi will be sold sunday in china.

industry analysts says that's hurt the iphone appeal in china where black market models are readily available. and according to health experts, the pandemic h1n1 remains largely unchanged in recent months. as of august 1st, 2 dozen countries have reported cases of the virus. there have been 18,000 deaths in total. it's been found in limited areas in south and central america. a new study finds some of the most frequently prescribed drugs may alter the results of prostate cancer screens tests. scientists have found common drugs and certain painkillers might contribute to false low psa levels. a prostate cancer diagnosis is based on a lowered psa level. more research is needed to find out why the drugs have that

effect. the report is published in the journal of clinical oncology. getting around downtown oakland is getting a lot easier. we're going to show you why -- police. >> reporter: the next time you ride a nummi train you may notice some people on board wearing yellow vests, they're not nummi drivers or police officers. we'll tell you who they are and how they're supposed to keep riders safe. we'll check in with chief meteorologist bill martin to find out if this nice weather is going to stick around for your weekend. new at 6:00, a bay area high tech company rocked by and alleged scandal. and more and more bay area cops laid off, now some want to take the law into their own hands. we speak to the head of the guardian angels to see how they

plan to step? we're following a pot boom in san jose, tonight at 6:00.

there is a new way to get around downtown oakland today. basically running up and down broadsway from 7:00 a.m. to 7:00 p.m., the shuttle is funded by clean air grant, oakland redevelopment funds and various downtown business owners. officials hope it'll help more people discover what downtown oakland, china town, uptown and john lundon square have to offer. nummi want to increase security in the most troubled lines. we take a look at what type of protection those embassadors will provide. >> reporter: the role of the community embassadors is to serve as a liaison between people who ride nummi and the police. they will ride the t line and san bruno during early evening and evening hours. and some riders we spoke to already noticed them.

>> we saw them with the yellow vests on, there were several people trying to get on and it was kind of crowded. he was asking if he could help. >> reporter: there are 12 ambassadors in the program and they speak seven different languages between them. their job is to provide information and language assistance. as well as answer any questions they may have. the crew was formed after several attacks happened on nummi in the last few months. >> it's violence, particularly violence against seniors. >> this program will definitely bring the community together. help people who are less fortunate or have communication problems mainly. >> reporter: they are employed through the jobs now program. some nummi riders expressed concerns about that. >> i think it's a good idea but again if push came to shove,

they have no real enforcement power, no weapons obviously, there's not a whole lot they can do. sometimes you have a large group of people causing trouble, seems to me it could have some benefits but it could be very ineffective as well. >> i hope nobody gets hurt. because people don't like to listen to people especially when they're not wearing a badge or gun. i just hope they'll be safe. >> reporter: the community ambassadors will remain on the lines till mid-december, that's when the money runs out. in san francisco, allie rasmus, ktvu channel two news. the fbi says a suspected al- qaida operative who lived for over 16 years in the united states has now become chief of al-qaida operations. the 35-year-old man has taken over a position once held by the september 11th master mind muhammad we was captured back

in 2003. officials says the the first time a leader so imminently familiar with the u.s. society has been placed in charge of planning attacks. the defense department told wikileak to pull tens of thousands of documents on the war in afghanistan already posted on the site. so far wikileak has not said if they plan to comply with the requests. coming up next at 6:00, developing news, the ceo of one of the biggest and best known companies in the bay area announced today suddenly that he is resigning amidst allegations of sexual harassment. also more on what we learned today about the two people from the bay area who were killed in a small plane crash in colorado. plus the group that said today it is stepping up efforts to try and keep the streets safe, especially in bay area cities that have had to lay off

police officers. and it has taken years but tonight we finally know when barry bonds will go on trial on charges of lying to a grand jury. those stories and much more coming up next at 6:00. a french tourist is recovering tonight after falling over the edge of the grand canyon yesterday. witnesses said the 18-year-old was taken pictures near the rim and apparently slipped and fell 75 feet. paramedics climbed down and stabilized him so he could be air lifted out. park officials say the man has neck, wrist and ankle injuries. animal rights activists tried to delay a wild horse round up. the bureau of land management says those round ups are needed because there's too many wild horses in the state and that drought has dried up range land. the round up is scheduled to take place in the south eastern part of the state. on to our weather now, we

were talking a little bit earlier, it felt like it was a little bit warmer this morning. >> a little bit warmer. a little more sunshine. we saw more breaks. it was a quicker burn off, especially san rafael. we go outside and i want to show you something. live storm tracker ii. of course here's the cooling around the bay. looking at the rest of the state, you know we've been talking about how cool it's been around here but you go to redding, chico up in the valley, they're getting heat there we're just not getting heat here. sacramento has been pleasant all summer long. the cooling is primarily bay area. okay, forecast highs tomorrow, these are today's highs. tomorrow's highs are going to be about the same. no big changes. what you had today is what you get tomorrow. we start off with the fog. it'll be in your neighborhood tomorrow morning, temperatures

will mimic those of today. warm, mild, warm, warmer, hot. that's just the way it works. it's going to be the hot is farther east than it normally would be. the hot is usually in the livermore valley. but that's not going to be the case. basically what you had in livermore today, mid-80s is what you're going to get tomorrow. i like this map, it's not exactly you kind of see how things move as you go through each microclimate. in san francisco alone there's probably 30 microclimates. i kid you not, these are the major climates i'm hitting. the low pressure stays put, until that moves nothing really changes. if it moves, if it moved right over the top of us which is going to do that next week, it'll make the fog go away. we'd still be cool but the fog would go away. they keep this low north and just east of the area -- north and west of the area over the next couple of days. so there's no big changes, but lots of good change. we'll get through the weekend and we'll see what happens next

week. but looks like we'll have more of the same next week. there's the fog by afternoon. half-moon bay, pacifica, you guys are in good shape. you get some clearing at the stinson beaches as well. then the forecast highs. 79 in fairfield, mild forecast highs, air quality is good. it's interesting, you can be rather a long time as i have and a lot of us have, and you look at something like this, you scratch your head, why is that low still there? shouldn't be. usually things move through that jet stream and it gets hot back east which is now. but then they get cold, they move. but this isn't happening, this pattern is stuck. >> you know, july was what one of the coldest summers. >> in many years. >> are we looking at the same thing for august you think? >> yeah, we are. good news for firefighters right, we're not fighting

fires. the air quality is good and no heat advisories. >> it's not like it's horrible weather. >> we're scratching our heads. >> and it's nice to have the warmth a couple of days. something new has come to san francisco. take a look at this. there you go, it's a 44-foot rocket ship that weighs 13,000 pounds. what's it all about, where's it located? find out after the break.

our bus runs on pure waste vegetable oil. we get it from behind restaurants. before we can burn it we have to filter it. this is actually a pretty cool bus. a dozen students rolled in to san francisco on the big green bus today. they are on a cross country ten week trip to promote sustainable energy practices. the bus as you heard that gentlemen talk about has an engine that's modified to run on vegetable oil. a rooftop solar panels and interior built strictly from sustainable materials. the science fair on wheel us was on display at crissy field today. students will be on hand to give tours of the bus and information on their green practices. san francisco staged its own version of the burning man concert today with the

unveiling of a new piece of public art. only in san francisco, the high energy crowd turned out on pier 14 to welcome the arrival of the reagan gothic rocket ship. the bay area's black rock foundation created the sculpture which made its debu last summer. it weighs 13,500 pounds. the artists say it offers a reto futuristic look at future travel. mayor gavin newsom summed it up in one word, awesome. >> the bar has always been high in san francisco. >> the mayor said san francisco has installed 20 significant works of public art in the past few years. the rocket ship will be on

display for the next 14 months on the embarcadero at the foot of mission street. >> right next to the ferry building. be sure to check that out. ktvu channel 2 news at 6:00 is coming up next. >> reporter: the guardian angels are hitting the streets in bay area cities that are losing cops. that's coming up on the ktvu channel 2 news at 6:00.

>> it stopped a whole lot of problems with us being out here patrolling the streets. with fewer officers now on the streets a group of crime fighting citizens is stepping in. plus, the scandal involving hp's ceo that causes him to step down today. good evening everybody i'm frank somerville. >> and i'm heather holmes. they are called guardian angels and they say they are needed now more than ever. they are stepping their patrols here in the bay area. let's check in now with david stevenson live now in sa