arrangement this afternoon, accused police shooter andrew barrientos saw a sea of blue. >> no cameras allowed. >> reporter: about 70 off duty police officers, crowded into this small courtroom filling every seat then standing. think weren't there long. an attorney for andrew barrientos called for a new court date. >> whether this turns out to be an intentional shooting of a police officer, or a tragic misunderstanding on the streets of oakland remains to be seen. >> reporter: freemont's police chief says the officers announced police when they went

to arrest barrientos an on outstanding warrant. >> i've been doing this for 46 years, it's the first time i've had an officer shot. >> reporter: the chief says officer todd young is expected to remain hospitalized at least another month. >> it's serious but stable, but a hell a lot better than it was last week. but i think, he's strong, he's going to make it. >> our deepest best wishes go out to officer young and his family during his recovery. >> reporter: police say officer young's required so much blood they've had to transfuse all the blood in his body ten times over to meet the need and to honor the officer, donors at bay area blood banks have increased by 50%. >> he was doing his job and you know, defending all of us and, i don't know i feel the least i can do is give a pint of blood. >> reporter: and gustavo silva

will be back hear in court in three weeks to enter pleas to all the charges against him -- back here in court in three weeks. rita williams. police in newarck today said a man found dead near the w hotel died of a shot wound. an autopsy was performed early this morning on hughes. it determined the bullet struck him in the neck. police who were called to the hotel sunday night to break up a big pool party say they heard gunshots but never saw hughes. the first paid television commercial promoting a medical marijuana club is now running in the sacramento area, it may be a sign of things to come here in the bay area. cannabis clubs are an ongoing battle. and some clubs say commercials may help them.

>> reporter: advertising is one way to measure how fast an industry is growing and if you look at the popular san jose metro newspaper you can see several ads. now many pot owners are thinking about escalating the battle with the city with more tv advertising and more lawsuits. there are now 75 medical marijuana dispensaries in san jose. the city is making an effort to shut down several clubs. walking a line because the business are considered legal by the state and there is no local law. essentially san jose sends letters to landlords of clubs, and as a result some clubs have been evicted. >> it's been really rough. we're >> reporter: with so much depending on the public perception of medical marijuana, voters are first

seeing an ad. some pot clubs say they are actively considering tv commercials here. >> i think it would absolutely work here. the commercial i saw was very inknock innocuous. i've seen beer commercials that are more offensive. >> reporter: tv commercials could remind the public why voters legalized medical marijuana back in 1986. >> in the end the medical cannabis collectives has gone from something that seems black and white to something perplexing. >> reporter: bob cook of the narcotic officers association says tv commercials will just help pot clubs send a distorted message. >> these dispensaries are not there to take care of sick people, they are there to make money. the access is going to mean

more increased use by our youth. >> reporter: tv commercials are not the only battle on the horizon, a number of clubs are also considering flooding the city with lawsuits to force san jose to use up time and money with city fights. robert handa, ktvu channel 2 news. hewell packerd is saying not so fast. hp is suing hurd to prevent hurd from becoming co-owner of oracle. >> the question arising why didn't they get not get a noncompete agreement from mr.

hurt that could have been enforced against mr. oracle as well as mr. hurd. >> reporter: hp is trying another tactic to keep hurd away from oracle for a few years. >> hp is certainly collect that mr. hurd carries in his head a lot of trade secrets. >> reporter: since oracle does and is increasing it's competition with hp and servers, storage systems and business software, hp calls that a conflict. >> maybe a case of trying to close the barn doors after the horse has gone. when the horse could have been bridled on the way out. >> reporter: the lawsuit and state court brings up the potential that embarrassing facts can come out what happened with hp between hurd and hp when hurd made his

departure. >> that could cause issues that are not anticipated on both sides. >> reporter: hp released a statement saying it will enforce hurd's agreement to protect hp's trade secrets and confidential information. i'm tom vacar, ktvu channel 2 news. u.s. senator barbara boxer was in south san francisco today to show her support for renewable energy company. senator boxer got a tour of solzan ink which is working on converting fuel from algae. senator boxer says she supporting small business such as solosan because they help break the country's dependency

on oil and creates jobs. >> during that period 125,000 new jobs created. >> the company also discovered that the algae strain used to make fuel can be used just as olive oil. in fact, senator boxer got a sample of milk and cookies made from that same algae. boxer's drawing support from 47% of likely voters. her republican challenger fiarina picked up 48% of the vote. these numbers show a slight shift from results found two weeks ago, that's when boxer led fiarina49% to 44%. governor arnold schwarzenegger and business leaders will travel on a six day trip to china, japan and

south korea. it's the governor's trip in six years. the governor is set to leave on thursday. markets lost some of the ground they gained last week. news about european debt returned to wall street. at the close of the bell the dow was down by 107 points. nasdaq lost close to 25 points. you always find the latest financial news by going to our website ktvu.com. while you're there just click the business tab. fire officials officials were fighting a fire at the travel inn. flames ended up damaging seven rooms as well as two near by vehicles. fortunately no one was hurt. a visitor from mississippi said she was in the room next door

from where the fire started. >> the flame was gushing out. it was over the top of the balcony and everything. so it was kind of bad. i'm still shaken up a little bit from that. >> reporter: investigators say the fire was started by a motel guest who used some sort of hot object to start the fire. he was taken to the hospital for a psychiatric evaluation. there's no word whether there'll be any charges. workers at the california department of fish and game already tore apart the old tug boat that's leaking oil. today they were picking up what they could before the tide came in. and tomorrow they said they hope to remove the thug boat all together. they say that it appears to be working. >> at this time we have not found any wildlife impacted by the oil. but we continue to monitor the area and along the banks to make sure that we don't have any wildlife affected. the department says that the 600-gallons of oil has made

it into the river so far covering a 2-mile stretch from the basin downward to highway 101. it says it knows who owns the tug boat but is still investigating who's responsible for the leak. new warnings, find out why going to the doctor isn't enough to keep eight children from dying. we'll tell you what could have saved their lives. and right now, i'm tracking strong winds, there's a lot of cloud cover headed your way, and there's a chance for some sprinkles in your neighborhood.

steven slater is facing

several charges after last month's now infamous incident. depending on the results of the evaluation, slater may qualify for community service instead of jail time. tonight a warning about a health threat that has already turned deadly here in california. doctors say whopping cough starting out sounding a lot like an ordinary bug. but its effects can be much much worse. sal castaneda live with the action the doctors are urging. >> reporter: that warning is going out to patients and doctors alike. four words, think, treat, test and vaccinate. california immunization officials say eight whooping cough deaths this year could have been preventable. >> the first moment you hear your child coughing it could be very scary. we recently had a big cough and we took him straight to the doctor's office. >> reporter: but help is not possible unless diagnosed. >> sometimes you can't identify

it early because it starts off like a regular cold, or regular flu kind of illness. >> reporter: dr. weis says doctors are told to be more vigilant. doctors are also being told to be vaccinated. as in other county, san mateo has set up a clinic open to local residents who may not be able to get vaccinations from their local doctors. many parents say they are happy to learn that immunization officials are urging doctors to suspect whooping cough before it too late. >> it's a positive thing to come out of this tragedy. seems to me it should be much

more incorporated into routine visits. >> it's so hard though to keep it contained. with a baby running around everywhere. it makes it impossible. you can wash your hands all you want, you're never really going to get it cleaned off. >> reporter: we've learned today that california school superintendent jack oconnel just issued a memo to parents and staff to get vaccinated to help stop the spread of this disease. live in san mateo county, sal castaneda, channel 2 news. a federal judge today turned down a justice department request to temporarily delay his order which blocks the use of funds for stem cell research. his ruling blocks an executive

stem cell order last year by president obama. it conflicted with a bush era ban of using federal money to destroy embryos. the justice department is appealing that ruling and wanted to keep the money flowing until the appear could be heard. the coast guard has called off the search for a woman who placed in a distressed call. the call came in last night. two coast guard boats searched if waters near tiburon until 11:00. and a helicopter was sent to the area this morning but came up empty. >> the one thing we did get was the word may day. that's the signal for us to go out and search for someone. because we want to take the safe side. if we hear may day there might be an emergency out there. and we do launch all at that time. people in several south texas communities spent this

day cleaning up from tropical storm hermine. the storm damaged homes. there are no reports of serious injuries or deaths in the united states. hermine made land fast in north eastern mexico. the storm weakened as it moved north. on to our weather now, what a difference a day makes. that fog moves in and it really brings those temperatures down. >> temperatures dropped quite a bit today frank, yesterday's highs on the holiday were into the mid-90s. today's highs were just into the mid-70s for the most part. so we're down a good 20 degrees in many inland locations. what i'm seeing here is lower level clouds, are getting up over the hills and pushing off into danville and livermore. the winds are blowing too. out there toward the delta area, i have winds blowing up 25 to 30 miles per hour. it's a weather change, and it feels like fall with temperatures dropping off

today, further cooling tomorrow. and tonight as this weak system bumps up against the coast. there's a potential for some drizzle. tonight and tomorrow morning. maybe a sprinkle. would i call this rain? no, but it would certainly be wet. especially along the great highway, up on highway 1 up over bodega bay. a cooler tomorrow for your wednesday. the extended forecast is a fall like pattern. it's not going to heat up right away. so the trend around here is for cooler weather right into, certainly into wednesday. it'll begin to warm up a bit. wednesday we're going to be mostly in the 60s. a cooler weather pattern due to this weather system as it moves up closer to the shore. that will give us a chance for a drizzle too. you notice today, it feels like fall out there. cooler tomorrow in san jose and downtown. what happens when it's cooler,

you get good air quality and less fire danger. san jose downtown tomorrow, lunchtime it's cloudy. maybe some drizzle in the morning. 63degrees. daytime high in san jose just 69 degrees. when i come back i'll use storm tracker to pinpoint where that rain could fall, where the sprinkles could fall into tomorrow morning, i'll see you then. thank you, bill. tiger woods is going to a rider cup. woods was a captains pick with his 71 victories and 14 majors. former major champion fowler is a surprise choice. it turns out money can buy happiness. at least according to a new report. but only up to a point. the study out of princeton university shows that people's emotional well being increases

along with their income up to about $75,000. researchers also found that while earnings substantially more than 75,000 can create a sense of achievement, it does not necessarily equate to day- to-day happiness. the fbi said today it is looking into what happened in four cities including one in central california. the incidents that set off their investigation. plus. >> reporter: we want to send this message to them that we are not interested in their law. what this pastor plans to do on september 11th and why they say it may put soldiers in danger. and what a teacher is doing that is making a big difference. and we're getting answers

about how the closures would impact students. we went on a rescue at sea. the reason, practice makes perfect. >> they are real risks and we take them very seriously. critical votes on big issues delayed. >> i can hardly believe it. >> tonight at 6:00.

the white house announced today that president obama will mark the anniversary of september 11th. vice president joe biden is set to travel to new york city for a memorial there. and first lady michelle obama plans to join former first lady laura bush for a ceremony in shanksville, pennsylvania. the anniversary of those attacks is on saturday. and a florida pastor says he will go ahead with his

controversial plan to mark the september 11th anniversary by setting fire to the couran. the white house weighed in on the controversy today, reiterating statements by the top u.s. commander in afghanistan that the action will insight violence and endanger troops. >> we know that that type of activity has been transmitted back to places like afghanistan where general petraeus is our lead commander. as he said, it puts our troops in harm's way. >> reporter: the pastor of the dubbed world outreach center says he understands his actions will offend muslims. he also says that his message is targeting quote radical islam. >> we wanted to send a very clear message to the radical element of islam. we wanted to send a real clear message to them that we are interested in their law.

we do not tolerate their threats, their fear, their radicalness. >> reporter: jones says his church has been praying on the matter since hearing general petraeus warning. but the pastor also said that the group had firmly set up its mind to go forward with the plan. jones says his lawyers have told him that his right to burn the kouran is protected by the constitution. whether it's done or not. and there's been anti muslim incidents across the country. they are investigating the stabbing of a muslim cab driver in new york. some bay area law school students are writing legal textbooks for a country 7,000

miles away. the group from sanford university is about to release itself fourth textbook in the online series for students in afghanistan. so far the books have helped 60 students receive their law degree. five days of rummaging through a landfill and still no clues about the fate of a missing man. yet hercules police believe they have reason and motivation to search on. and a campus attack in vallejo leaves a high school student with a gash on his face. what may have been the reason for the crime.

they want to help the family. they want to provide answers to that family on the where abouts of fredrick. that's the goal as volunteers once again dug through the trash in this landfill in pittsburgh. they've been searching for five days now looking for the body of fredrick sales. police think he may be the fifth victim of a murder rampage. ken pritchett has the story. >> reporter: frank, this road beyond this gate leads to that landfill which sits about a mile from where i'm standing here in pittsburgh behind those hills. as you said after five days of digging through garbage, coping with hot weather over the holiday weekend and strong winds today. hercules police say they will finish this job in the hopes of

bringing answers to the family of fredrick sales. police say they are nearing the conclusion in the search of the 1 acre dump side a difficult job with about 20 volunteers rummaged through debris scooped up by an an education escavator one scoop at a time. police think sales may have been a victim of valdemoro who was shot dead after a high speed chase. the podty of valdemoro's girlfriend tran was in the car -- the body of valdemoro's girlfriend, tran was found dead inside that car. police are searching the landfill in pittsburgh because the dumpsters at that business park are delivered here. despite a so far fruitless search, police say the

volunteers are still on the job. >> they are determined and they are all in good spirits, they want to help the family, they want to provide answers to that family on the where abouts of fredrick. >> reporter: at this point, police say searching this landfill is their best lead in the search for sales. but investigators are calling on the public's help with any information about this case and the search teams and volunteers will be back tomorrow morning and they say they may be conducting this search at this landfill through the rest of this week. in pittsburgh, ken pritchett, ktvu channel 2 news. and we have new information this evening on the death of one of the other victims in that killing rampage. california highway patrol officers just confirmed that cindy tran was in fact, killed during the police chase that ended in valdemoro's death. police say they have cell phone records proving that tran who

was dating valdemoro was on the phone with a friend at 7:58 p.m. during the pursuit last tuesday. that friend said she heard the police sirens in the background before the phone went dead. a 17-year-old high school student is recovering at home tonight after school leaders say his face was slashed and his neck cut by a fellow student. it happened this morning at hogan high school on rosewood avenue. the school district said it was just before classes began and that both students are seniors. the victim was taken to sutter hospital vallejo with a gash on his face and a small cut on his neck. school officials say the student wealed a 4-inch knife ran from campus after the fight. and at last check was still being chased by police. what started the fight or motive is still unclear. >> according to the student who was accosted, he thought the other student wanted money so he tried to give him some money but ended up with a cut instead. so, it would only be speculation on our part on how

it all happened. >> the school district says the injured boy was released from the hospital this morning. a man is back behind bars tonight after leading police in a chase that ended with a crash in oakland. it happened around 8:30 this morning when police tried to pull him over for speeding. police officers say he refused to stop and sped down mandela parkway. they found a gun in near by bushes. a background check revealed the driver was a parolee who was out on bail. flames broke out this morning around south highway 101, fire crews were able to keep the flames away from near by homes. the cause of the fire is not yet known, investigators say they are looking into reports that a man was seen leaving the area just before the fire started.

despite a struggling economy, an outstanding amount of money is pouring into congressional races. tens of millions of the dollars are being spent to win your vote. >> reporter: what recession? this is how much money has been spent on campaign 2010. $3billion plus, likely 4 billion by election day. campaign contributions, campaign expenses. let me show you another set of numbers. just the money spent and money raised in this congressional race. boxer and fiorina one of the three most expensive races in the nation. >> it is very expensive to run for office. members of congress need money

and they rely on the people who have the most kind of wants and needs from congress to provide them with that money. >> reporter: which means it's not just voters and small donors bankrolling local candidates. but hundreds of thousands of the dollars are rolling in from the real estate industry. big banks and the health care field too and from donors with far away addresses, new york city and l. a. >> a lot of people are worried about that because they feel if you have major unions or major corporations are coming in, it puts the little person at risk. >> reporter: some charged thousands of the dollars for entry to dinners. like it or not, big money clearly becoming a big part of campaign 2010 in the bay area.

scott mcfarland, ktvu news. rarely if ever a quick stop, but up next the problem that made dmv visits around the area even longer today. the new rule a rest rant is driving away people with kids but it's still attracting others. people know it's not good for you, but what has people kicking the habit. the two reasons people believe are responsible. why? i could have saved this one. i could have saved this one. ♪ call 1-800-steemer

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you inhale, they inhale. millions of children continue to be exposed to secondhand smoke. secondhand smoke causes asthma, a disease that cannot be cured. protect your loved ones.

president obama is set to roll out a number of tax breaks to business tomorrow. $2million of savings to write off expense and equipment. the plan is expected to include a $50 million program to rebuild roads, rail ways. it suggests it could be done by closing various loopholes and levying tax hikes on some big businesses. some economists say it won't be a quick fix for the economy. there's a new program in effect today aimed at tackling the foreclosure crisis. this latest effort from the white house would help up to 1.5 million homeowners who own more than their homes are

worth. starting today the federal housing administration will allow lenders to give these under water borrowers new refinanced loans if the bank agreed to forgive 10% of the original loan. if you had to visit the dmv be glad that you weren't one of those there this morning. some type of computer failure shut down all dmv computers this morning. the system was back up and running again about an hour later but the resulting backlog was expected to slow things town for at least part of the day. a restaurant in north carolina has some parents crying foul after it implemented a policy banning screaming children from visiting its accomplishment. the owner of the old salty restaurant says she's tiring of hearing customers complain about screaming children. so she put up that sign there that basically say, screaming children will not be tolerated. >> if they find it offending, i

suggest that they find another restaurant to eat at that does tolerate it because we're not going to. >> i've never seen a restaurant state, don't bring your screaming kid in here. you can't help if your kid screams. >> reporter: despite complaints, the restaurant's owners says the new policy is bringing in business. the smoking habits of americans are frustrating many u.s. health officials, the centers for disease control and prevention says smoking rates continue to hold steady. with about 21% of american adults lighting up regularly last year. figures show that while the smoking rate has fallen dramatically since the 60s, it's basically remained flat since about 2004. health officials believe they've lost momentum because of cuts to anti tobacco campaigns. and the agency has issued warning letters to the maker of

canada dry sparkling green tea ginger ale. the fda says it has concerns that their claims of being enhanced with 200-milligrams of green tea cannot be confirmed. and right now temperatures as much as 20 degrees cooler than they were yesterday at this time. i'll show you some neighborhoods that will actually be cooler again tomorrow. a decision tonight whether to close three schools. we're getting information on how the closures would impact students and other schools in

the area. we're at a rescue at sea, the reasons why practice makes perfect. >> they're real risks and we take them very seriously. the simple blunder preventing leaders in a bay area city from making big decisions. >> i can hardly believe it. >> tonight at 6:00.

there are some big changes in the dundock's bridge area. the area is now on the way to becoming a thriving area for some endangered animals. >> reporter: a pond which used to produce salt is today filled with bay waters. the hope that 30 nesting islands built will attract birds. >> this is not your parents salt pond. it's the first of a series of ambitious efforts to test. >> reporter: despite its

nonfancy name of sf2 this project's first phase provides platforms for the viewing public but still officers protection for nesting migratory birds. >> okay, they are very small. >> reporter: and this is an effort by senator boxer to protecting the area. >> this is a remarkable beginning, it is perhaps if most costly of all because of various things that had to be accomplished here and were accomplished. but now everybody must remain together. and we must find the most cost effective way to complete this job. >> reporter: the south bay salt pond restoration project includes trails. >> this is exactly what i've

been working for since i came here. i've been here about five years and this is just exactly what i wanted to see. >> reporter: what he and driving across the bridge is the largest project in the west coast. it was funded by state, federal and private moneys. in east palo alto, jade hernandez. coming up at 6:00, yet another sign of just how serious the a's are to move out of oakland, who the team has just hired. our julie haener is in the newsroom now with a look at some of the other stories we're working on. more than a dozen students may be forced to find a new school depending on what happened tonight. up ahead, it almost never happens, the small oversight that caused the board of supervisors to cancel its meeting today. it's designed to make your next trip to the airport smoother. the transportation plan that faces a major roadblock tomorrow, we'll see you at

6:00. two small asteroids will pass close to earth tomorrow. but nasa specialists say, not to worry, they will not make collision. the asteroids will pass earth just before 3:00 a.m., they should be visible through a telescope. the governor of colorado has declared a state of emergency as a wildfire continues to burn. the wildfire north of boulder has destroyed dozens of homes. flames have spread now over 170 acres. earlier, windy conditions cancelled tankers. let's go over to our chief

meteorologist bill martin for more on this cooling trend. >> definitely a cooling trend. it's cooler out there for sure, as much as 20 degrees in some places. we'll come in close here and you can see the clouds is actually a little more than fog at this point. it's being lifted up over the hills. the potential for drizzle tonight and tomorrow morning, certainly exists. the main impact from this is much cooler weather. look at the highs right now. color coded and also giving you the digits as well. 68 in livermore, right now, yesterday at this time livermore was running at about 88 degrees, almost 90 degrees. much cooler out there. clouds and drizzle in the forecast late tonight, early tomorrow morning. there might be a sprinkle but it is not enough to cancel your plans. it just might get a little wet out near twin peaks. some bay area neighborhoods by mill valley and stinson beach. this has been the culprit, it

has been the culprit since october, november of last year. this thing just keeps bumping into us. this time of year it is not strong enough to bring significant rain. it's enough to bring drizzle and enough to drop temperatures off even further. temperatures will be cooler still. right around the coast is where you're going to see the drizzle. i haven't seen reports but i would not be surprised to get reports of drizzle in bonny toon boon and places like that. shows you the fire in boulder, this type of weather really helps. we're the reds, the 90s, even 80s, we're talking 70s. it is going to be a much cooler even more winter like than fall like tomorrow in some ways in the way the temperatures drop off.

67 nevado. a nice day after 11:00. i think we'll see clearing but these temperatures a far cry from what we saw today. where's the drizzle going to be. right along the coast, maybe on the spine here right on the peninsula up toward skyline boulevard, up above pacifica there. if you're used to getting drizzle in the summer months, tonight and tomorrow morning, that's the same places that we'll experience it. drizzle is not a deal breaker for anybody. it's just a nuisance. tomorrow morning, it will be a little wet on the windshields when you wake up. >> i thought it was going to be drizzling today. one bay area transit agency is slipping when it comes to it's safety record. plus -- we all know it's loud but is it too loud? what your bart commute could be doing to your hearing.

you inhale, they inhale. millions of children continue to be exposed to secondhand smoke. secondhand smoke causes asthma, a disease that cannot be cured. protect your loved ones.

accident rates are up for nummi. they had a rate of six accidents for every 100,000 miles. that's a 6% increase from the previous quarter and a 27% increase from the final quarter of last year. the new figures mark the first time in one year that nummi has missed it own safety goal. could you commute on bart be harmful to your hearing?

>> what do you think of the noise? >> too loud. >> reporter: what? >> too loud. a study shows several spots on the transit system register noise levels loud enough to potentially damage your hearing. the paper says it measured desibal levels as high as 22. hearing loss can occur at 85 85desibals but only if the person is exposed to the noise for more than two hours. that's why drivers use ear plugs. >> i know it can build up, that's why i protect my ears. >> reporter: there's two rail grinders that help reduce the noise. they shave off bits of track that amplify noise. bart sites independent studies that says it's one of the

quietest rail systems in the country. stay with us, ktvu channel 2 news at 6:00 is next. a meeting on this school campus. find out why a decision has students and teachers worried about school safety. that story coming up on ktvu channel 2 news at 6:00.

tonight a crucial vote could force a high school to shut down. why some say that puts students at risk and it's just not their education they're worried about. >> this was not a good day for the clerks office. a small mistake had a big impact at city hall. the reason big votes had to be put on hold. -- votes on bigish shies big issues had to be put on hold. good evening everyone,i'm frank somerville. >> and i'm julie haener. why a vote to close a school could put students at risk. rob roth has the story. >> reporter: julie, many en