from berkeley and charged him with the rape of one woman and the attempted rape of two others over the past six weeks. >> everyone is breathing a sigh of relief. >> reporter: women at the 950 union park regency apartment complex in unincorporated walnut creek where the attacks occurred were obviously relieved this evening to learn about the arrest. >> i just found out and am very thrilled to hear that, because it's been a very stressful -- we've added locks to our doors and everything. >> reporter: the three victims describe their attacker as more than 6 feet tall and more than to 0 pounds. investigators say muton fits the description, and they say they compared his dna sample to dna from the attacker left behind on one of the victims. >> we are confident that the dna that we've recovered has come from mr. muton. >> reporter: now, authorities say a tip led them to antonio muton.

he's now being held in jail on more than $12 million bail. reporting live in martinez, rita williams, ktvu, channel 2 action news. a hiker found the bodies of two people inside a crashed plane this afternoon. east of highway in the sierra. the sheriff's department says the plane was in a heavily wooded area off texas hill road east of immigrant gap. the faa says the single-engine plane is a piper cherokee arrow rented from a company in watsonville and was on its way to auburn. authorities have not yet released the names of the people killed in the crash. national transportation safety board investigators plan to arrive on that scene tomorrow. an event kicked off today aimed at helping struggling homeowners -- and there are a lot out there -- chase bank is sponsoring the event that will go on for four days. tom bakar spent the day talking with homeowners and has this report for us. >> reporter: the moldenados of gilroy came to chase's loan modification fair to see if

they could make a trial modification permanent. >> it's doable. it does make it easier for us, and we can, you know, hopefully, hope for something permanent. >> . >> reporter: they hope the meeting face-to-face will help. >> we've been trying for a year and a half, since april of 2009, and it's been nothing but a nightmare. >> what they're able to do is give you a clear line of sight of what the options are available to them and what the requirements are for each one of the options. >> reporter: the options: keep paying, a modification, short sale, turning over the deed to avoid foreclosure, or the most expensive option for all parties: foreclosure. >> they have the ability to pay. they have some sort of way to be able to document that, and we're going to try to flush that out to keep them in their homes. >> reporter: but after a half hour they learned they were denied because their husband's self-employed business does not income does not support a modification. >> it was suggested by chase we reapply be in the process all

over again. >> reporter: consumer advocate kevin stein awe mraudz such as fairs, but says current rules are inadequate and not being observed by lenders anyhow. >> a few people unfortunately wind up getting the very thing that they need and the very thing that the servicers say that they're providing, which are the loan modifications. >> reporter: while the lenders, from their viewpoint know they have to get it right this timer because they know next time there will be no government bailout. so if they don't get this right, they're going to suffer mightily, as are the homeowners already. reporting live, consumer editor tom bakar, ktvu, channel 2 action news. for more information on financial help available for california homeowners, go to ktvu.com and click on the economy watch tab. new developments tonight involving the fatal shooting of a german tourist in san francisco's theater district. san francisco police served a search warrant at a home in fremont they believed may provide clues to the case. s a new tonight, there are rumblings of lawsuits.

ktvu's david stevenson has the latest now from san francisco. >> the investigation into sunday night's shoot-out near san francisco's union square moved across the bay, as san francisco and freemonth police, aided by swat teams and the fbi converged on this freemonth apartment complex late last night. >> i saw the two investigators go in there with gloves on to look for evidence of some sort. they were all in there with their body armor and weapons drawn. >> investigators brought out bags of evidence they said may be tied to the san francisco shooting that injured two and killed 50-year-old german traveler methill troyer. so far no one charged in the case; but this afternoon, san francisco city attorney dennis herrera sent out this letter indicating he may sue the owner of this mason street building and the operator of the comedy club on the seventh floor. investigators say the club was the site of an illegal overcrowded party for teens that preceded the shoot-out on the scene. >> it is clear that the parties did not obtain the necessary

permits that were required under the fire code for public assembly. >> reporter: the building's owner told us the tenant shouldn't have rented out the space to the party's promoter, but says the facility is safe. >> we just had a fire inspection. everything is up to code. we didn't have any -- anytime we've had any kind of problems with the -- in our annual fire inspection, we've always taken care of them. >> . >> reporter: the city attorney tells us he hopes to meet with -- in the meantime, police say anyone with tips about this case should call their tipline. live in san francisco, david stevenson ktvu, channel 2 action news. in antioch, police officers shot and killed a burglary suspect in an exchange of gunfire that also injured a police dog. it all began about one this morning when a neighbor reported a burglary in progress in the 2100 block of dee

street. officers found the suspect, 29- year-old christopher johnson inside the house. police say they began shooting after johnson shot and wounded an antioch police dog named thor. >> there was an exchange of gunfire between the suspect and the officers. the suspect was hit. he was pronounced deceased at the scene. >> thor was released from a veterinary hospital this afternoon, and is expected fully recover. police say there was no one home at the time of the burglary. an investigation underway after a body found in a remote area off after watsonville drive near morgan hill. a man called authorities about 1:40 a.m. to report he had discovered the body of a man at the end of the drive. a sheriff's spokesman says the body appears to have one gunshot wound, but the coroner has not yet determined the cause of death and has not released this victim's name. detectives are questioning the man who reported finding the body.

oakland's china town has decided to take security into its own hands. the bay citizen newspaper reports the chinatown chamber of commerce plans to hire private guards and that they may be armed. the chamber is concerned about crime and avoiding police layoffs. they hope to have the private guards patrolling the streets of chinatown by next month. in the past, plans for private security have raised questions about funding and whether the guards will be properly train. the state budget is now 44 days late, and political opponents in sacramento appear to be digging in for a fight. in los angeles today, governor schwarzenegger pledged not to sign any budget that increases taxes or spending. democrats are proposing $4 and a half billion in taxes, mostly to oil companies and corporations to help close a $19 billion shortfall. and critic leaders say they will not accept proposed cuts to education and welfare

programs. >> [ whistle ] >> the governor's cameo appearance in a new action movie is stirring up controversy. union workers protested outside a screening. the state employees say they are furious at the governor for ordering them to take furloughs while he promotes a movie. >> he's out supporting his agenda. he needs to sign the budget, be a leader. he's failed us. >> the furloughs are on hold during a court fight over the governor's order. similar demonstrations are being held in sacramento, los angeles, salinas, and several other cities. tens of thousands of people are expected to head to golden gate park tomorrow for the outside lands music festival. while this year's event is scaled down, event organizers are counting on the event hitting a high note with attendees. rob roth is live in san francisco with more for us. rob? >> reporter: work crews right now are busy putting on the

final touches to the main stage here in the polo fields in golden gate park. they're getting ready for tomorrow's opening of the outside lands music festival. some nearby residents wonder if that will mean facing a week of having to put their hands over their years. the stages have been set for this scaled-down festival. the sagging economy has forced promoters to chop down outside lands from three days to two. that means an extra day of peace and especially quiet for some residents living within earshot. >> if you want to sleep, you might have a little problem. >> no, it doesn't bother me. if my wife were here, she would say, "oh, yeah. it's too much." >> ." >> reporter: people we spoke with say they support the concert, but it's drawn complaints mostly about noise and irrigation and especially illegal parking. >> every year my driveway -- they'll park across my driveway. >> reporter: event promoters say they are working with engineers to reduce noise to the neighborhood. plus -- >> we set up a community

hotline that runs during the event, to answer any questions or concerns that may be going on. if there's a blocked driveway, we have tow trucks and pcos deployed on each side of the park to help with that. if there's any litter that needs to be addressed, we do that immediately. >> we're back live in golden gate park. the promoters say they expect to attract about 78,000 people over the two days. that would be about the same number of folks who came last year over three days. the city's recreation and park didn't figures to benefit from the festival. it will bring in more than a million dollars in rent. the music starts at noon tomorrow. reporting live in san francisco, rob roth, ktvu, channel 2 action news. and we've got a lot more information about the big festival, including the concert lineup on our web site, ktvu.com. just click on the entertainment tab. the perks of travel as another bay area airport offers free wi-fi also ahead. they're searching for alien

life out there. the first ever conference on the search for extra terrestrial intelligence still ahead. >> looking at your bay area weekend. things are shaping up. sunnier today, wasn't it, but there's the fog. how that plays into the next 48 hours. the details coming up. >> and the spot making a profit. a bay area hospital is laying off more than 100 employees. the most powerful half-ton crew in america has a powertrain backed for 100,000 miles. chevy silverado half-ton a consumers digest best buy and the most dependable,

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they do interesting work. maybe one day they'll find an alien. >> he is part no apologies science fiction. afterward hollywood seemed the imagination. >> went out, bought a telescope, have been fascinated ever since. >> reporter: this is mostly science fact. he uses radio tell scopes scanning the skies for signals. it's now 50 years after astronomer frank drake began the first ever search for intelligent life in the cosmos. >> the discovery of extra terrestrial life will be the key discovery of where we stand in the universe. >> his equation, a mathematical estimate of how many galaxies. drake points to new discoveries

of planets around far away stars, water on mars and new kinds of life on earth. >> all this says there must be many planets with life and technology using intelligent life in our galaxy. >> reporter: but despite decades of continuous listening, nothing. >> the fact we haven't found anything means we haven't looked far. the search is speeding up. >> reporter: he says their computers double in speed almost every year. >> depending on those numbers, we'll trip as the signal in the next two dozen years. >> reporter: contact could come anytime. the conference open through the week. ktvu channel 2 action news. some good news tonight for travelers. the airport began offering free wi-fi in its terminals. the change came ahead of schedule. the airport supposed to begin free wi-fi service september 1st, put the fran office says the staff and wi-fi service

provider got the job done more than two weeks before the deadline. >> and fso spokesman says services such as free wi-fi are key for the busy traveler. >> it's as important as the coffee stand. these are things that the travelers are expecting. they're the bread and butter of any airport, the repeat customers. >> oakland and the san jose airports both already offer free wi-fi service. after a day of fluctuations, sticks on wall street ended the week on a down note. analysts say a fragile market combined with data drove stocks slightly lower today. both the dow and the nasdaq fell almost 17 point. a south area hospital is planning more than a hundred job cuts despite reportedly being in the black. el camino hospital announced it will lay off 140 employees at its mountain view campuses. the layoffs acting all levels from nurses to administrative assistants. a spokesman says the hospital needs to reduce expenses, but

the mercury news reports the hospital is predicted to have $36 million in its coffers by the end of the year. hewlett-packard is being sued by shareholders over the recent resignation of former ceo mark herd. the technology giant facing a derivative lawsuit, which lets shareholders sue executives or board members over claims their actions have harmed the company. the lawsuit was filed tuesday by contributoryly retirement center on behalf of the shareholders. the suit seeks unspecified damages. hurt resigned a week ago after and investigation found he falsified expense reports. on to the weather now, and, boy, turned out to be a nice day, and, bill, some dramatic shots of that fog along the coast. >> yeah. it's really hitting the city pretty hard right now. there was some clearing downtown today, but fog moving back in. we'll go live to storm tracker 2 and try to pick out where the fog is. certainly see it here. as we come in close at the top of the twin peaks area, we go

toward forest knoll and pacific heights in san francisco. you see the fog is well into that region, up into obviously the avenues of san francisco. the fog is in your neighborhood tomorrow morning. but the obvious thing is, it's not as aggressive as it was a couple of days ago. a days ago at this time, on wednesday, i was showing you fog in san ramon at 4, 5, 6:00. the forecast overnight lows, 50s, you knew that, just like this morning. here's the culprit right here. tomorrow is going to be a little warmer in some places, but even on sunday, this low pressure center is going to be weakened enough as high pressure comes in, sunday is the warmest day on your bay area week, with highs near 90. so it's going to be a little warmer. this is not a heat wave. this is just warmer than it has been. this has been, ill say -- gosh, i haven't done the math on that either, but i would say it's one of the cooler weeks we've had for fog cover, daytime highs, but it is gradually warmings as you've noticed and gradually warm into next week. downtown san jose, 70 degrees at lunchtime.

daytime highs tomorrow, 83 in clear lake, 83 fairfield. if you keep going you get out there toward winters and out toward the buttes, you'll get temperatures in the mid 90s. it's just in this bay region where the sea level allows fog and cool air to really impact us. that fog and cool air will be pinched off, shut off on sunday. that's why sunday will be warmer. it will be warmer on monday and tuesday as well. so our pattern is kind of breaking up. this cool pattern that's been with us all summer is changing, and we're warming; but it looks as though it's not changing to the point where it's going to be permanent. looks like later next week, the end of next week, out past wednesday, that low wants to come back and bring more fog. so again, it's way out. in the meantime, your bay area weekend is good. the concert in the park, the outside lands concert, with draws some people. man that's a big deal. the weather will be a little foggy. >> yeah. we mentioned it earlier. sunday the best day in the park; but always, always

jackets. >> yeah. >> we know the drill. >> absolutely. well today the golden gate district board formally accepted $5 million in federal money for a suicide barrier. the funds will pay for a final engineering design a step that will take about 18 months before the project goes out to bid. but district will have to come up with another $45 million to fabricate and install the barrier. the approved concept calls for a steel net suspended below the bridge. last year, 31 people committed suicide by jumping from the golden gait bridge. generosity from the community has helped a san jose elementary school to open on- time. a $10 million fire devastated trace elementary school last month, destroying 16 classrooms, the library as well as the office. but the school will open as scheduled monday, using 20 portable buildings. school officials say businesses and private individuals may be opening possible by donating material and lots of cash. coming up, a big trade for the giants.

also some bay area high school students on their way to costa rica tonight. what they hope to accomplish. u owi stgoth n csechkint al?ye cckhiou

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they have won 7 of the previous 8 meetings. san francisco can leapfrog over if they sweep san diego this week. . the giants' player that predictsed this very scenario would happen. pitcher sanchez takes the mound tonight. jose guillen and cash from kansas city from the famous

player to be named later. he has if 2 runs batted in this season. at times he's been a royal pain in the clubhouse. giants ruled it is his tenth team in his 14 seasons. wow. the 49ers will travel to indianapolis sunday to open up their preseason game against the otts, but they won't be taking their coffee with them. that's glenn coffee. the 49ers' 2009 third-round draft pick. the 23-year-old running back, glenn coffee left the team today, said he's retiring from football. he was listed as the backup to frank gore ran. coach singletary said his decision caught him by surprise, but he won't try to change coffee's mind. another delay among michigan. tiger woods completes just six holes today in his second round of the pga township. here's tiger second's shot on the par 0 hole. he goes from thick to thicker, but tiger parred all six holes he played.

he's still minus 1 under par and should make the cut. matt kutcher made three straight birdies, kline colluding this one in the par 12. he owns the one-shot lead over dickson california product nick watney. the oakland as are playing their first game ever in minnesota's new ballpark tonight. and that game is tied 2-2 in the 4th inning. we'll have highlights of both of those baseball games at 10. >> glenn, coffee, just the. >> he's 23 years old, had a great camp, looking good, stayed here all summer to work out with the 49ers, didn't want to be distracted. he got hit really hard yesterday in practice from what i understand, and maybe that adds a question to his desire. >> there was an article in the chronicle, i believe it was today, talking about how and the other quarterback were vying for frank -- >> it really is. now they have a problem. someone has to back up frank gore. they have to go out and look for another running back here sometime once the waivers come through maybe early september. this is a big setback for the 49ers. >> unexpected change.

thanks, fred. we are learning new details tonight about a suspicious death in the south bay. coming up at 7 on tv 36, investigators near morgan hill are revealing more information about a surprise discovery made near where a shooting victim was found this morning and how that surprise may be linked to the death. we'll have a live report on that in 30 minutes on tv 36, and that is our report for now. i'm frank somerville. >> i'm heather host. for all of us here, thank you for joining us. have a great night. see you back here tonight at ten? >> good night.