see behind me. people have set up a memorial for the teenagers. a steady stream of put stopping to look at the memorial. the medical examiner's office has not released his name yet. police say he was a passenger in a red ford explorer driven by a friend when the vehicle crashed into a light pole at the intersection of the expressway and odeo driver. pennings was found walking about a block away from the scene apparently intoxicated. >> he's been booked on charging of felony dui and vehicle manslaughter. >> reporter: some friends that came to the scene said the two had been with a group drinking last night and that some people tried to keep pennings from driving, police are still investigating. >> we know that the officers who responded detected the odor

of alcohol in his breath. and developed enough cause to -- >> reporter: today's incident comes after a big rig hit a car. the teenager was also arrested for driving under the influence. family members of one of the victims, jose borrales says they heard about today's crash and hope teenagers are getting the message about not drinking and driving. >> think about it twice, and think about your loved ones. they're the ones that are going to be hurting. >> reporter: officials waiting for lab results and the search for more witnesses. live in san jose, robert handa, ktvu channel 2 news. san jose police are searching for a hit and run

driver who killed a bicyclist this morning. the 25-year-old man was struck and killed about 6:50 this morning on lo aceros road. police have been unable to find any witnesses to the action and are asking anyone who may have seen that accident to please give them a call. oakland police believe two robberies and sexual assaults of women near lake merit may have been carried out by the same man. police believe the same man is responsible for both attacks. police are warning the suspect that robberies often tame place when people are distracted when getting in or out of their cars or talking on their cell phones. a town learned more about the top 100 risky pipes list. pg & e just submitted the list

more concerns are being raised. tom vacar joins us now from south san francisco. >> reporter: south san francisco governor is amazed on what he saw on pg & e's riskiest 100 pipelines risk. >> it surprised me we weren't on thereafter we heard reports that we're at one of the riskiest pipelines. >> reporter: this more than a mile long pipe section about two miles away from where it exploded was a high risk and in need of replacement. replacement that was scheduled for last year has been pushed to 2013. >> to try to get the trust back, i'm not sure it's there. i'm sure the residents don't have the trust. >> i think they need to do something soon because people are tired of getting the wool pulled over their eyes. >> they need to do something

because i don't want to see this happen again. >> reporter: pg & e says it's off the list for good reason. >> we did further evaluation of that line. including excavating the line to look at it and ensure that the line was in good condition. >> reporter: that and lots more is news to south san francisco. >> unfortunately all that we've heard is through the media reports. >> reporter: in fact, i had to give the city manager a copy of pg & e's exclusive report. >> we need to know the pipeline and get it repaired as soon as possible. and know what the rest of the conditions are of the pipelines in our town. >> they should check all the pipelines and make the people of south san francisco feel a little bit safer. >> reporter: what about the $10 million pg & e requested to replace the pipe diverted to other projects. >> if they asked the money for that, they should use it for

that. if they need more money for something else, then they should say we found this area is bad also and ask for that same money for that. >> reporter: and we will have lots more on this story as it develops in the coming days and weeks. reporting live, tom vacar, ktvu challenge two news. the house will take a look at oil industry regulations when it meets on thursday. the subcommittee on energy and involvement will be attended by executive officials and industry officials. voters will decide on proposition 19 which would make possessing small amounts of marijuana legal. this is a law host who's time was come or a law that could lead to legal chaos. it all depends on who you talk to. and tonight we heard from both

sides. >> reporter: those who oppose and those who spoát the legalization of marijuana held two separate press events and then they sent their message out to the streets trying to convince voters of their point of view. >> proposition 19 would make it legal for any person 21 years old or older to possess, cultivate or transport marijuana for personal use. local governments will also be allowed to tax growers. citigroups both for and against prop 19 held dualing press conferences urging voters to see it their way. today oakland former governor of new mexico says he thinks it's good policy for cities to redirect their police forces away from enforcement of what he calls a victimless crime. >> legal marijuana and arguably a whole lot of police activity, law enforcement activity will

go into arresting individuals that are committing real crime. >> reporter: opponents of prop 19 say the new law if passed would allow to legal chaos. >> the police departments won't know who to cooperate with. do they cooperate with the federal authorities, or do they turn a blind eye? will they be liable if they cooperate with federal authorities. >> recent polls show voters are evenly split. but those for or against prop 19 seem confident people will see it their way once they see more. >> this is all about education and this is the process happening right now in california. >> educating the public about the harmful effects of marijuana is important. >> reporter: many we spoke with seemed to have already made up their mind. >> that doesn't seem to be a good idea. i think it should be used for medical purposes only. >> i'm for it. i'm for it. i think it should be legal, it's a medicine. it makes people feel good. >> this should have happened a long time ago. seems a way to bail the state

out of some dire financial straits. >> reporter: there was also a surprise today. today a group of medical marijuana providers say they are against proposition 19 because they fear it would spur cities and counties to ban the purchase of sale and marijuana for all uses. live in oakland, sal castaneda. a protest is taking place right now on the peninsula for the gubernatorial candidate meg whitman and carly fiorina. members of the california nurses association and people from a coalition of bay area voters grouped have gathered. they say they are upset because the fundraisers feature condoleezza rice. a group of southern california veterans delivered a

letter today to meg whitman's l.a. campaign manager. a letter says they fought for the right for women to vote. now keep in mind the first debate between the two candidates for governor is just a week away now. meg whitman and jerry brown face off next tuesday right here on ktvu at 6:00 p.m. channel2 is the only place to watch the two debates live. the white house announced the first lady will spend 12 days campaigning for democrats in six days in october that includes an october 25th appearance at a fundraiser for house speaker nancy pelosi and an october 27th event for barbara boxer who is in a tight

contest against carly fiorina. the dream act would allow children that came into the united states and attended college or joined the army. >> not asking for anyone for free. we're not taking anything from anybody, we just want to get back to the country that we've always lived in. >> american taxpayers have said no, no, no before to the dream act. and now they don't say no, they say hell no. >> both the dream act and repeal of the don't ask don't tell policy of gays in the military was tacked -- the federal reserve has announced they will not raise the prime interest rate for the

12th month in a row. the feds hinted -- well the market rally this afternoon on the fed's decision not to raise interest rates. the enthusiasm slide began by the end of the session. now the dow rosed seven points to close at 10,751. nasdaq was down by six: for financial and consumer news any time visit ktvu.com and click the business tab. the centers for disease control and preparedness said today california's comprehensive planning and testing allowed it to distribute two doses.

the house d o s es. -- scientists are unraveling a mystery tonight surrounding that dead whale that washed ashore on steinson beach. they are perplexed. they say they don't even know what kind of whale it is. john fowler live now at ocean beach with more. >> reporter: right now crews down the beach here near the intersection of louton are disposing of that caucus. it took three bulldozers to move the 47-foot whale caucus above the high tide line at ocean beach. today the curious came to see the monster on the shore. >> i wish that it sank to the bottom of the ocean so it could complete the life cycle, but it's amazing. >> reporter: and amazing too, two bites that are from great

white sharks. >> scientists may learn a lesson too. experts say they can't tell for sure what species of whale it is. >> you think the experts would be able to figure it out pretty quickly. you never know it could be a mutation of some sorts. >> reporter: the whale has characteristics of a bein whale. it also has characteristics of the hane whale. researchers took samples for -- na analysis to see if this is the first known hybrid. >> it would be extremely exciting if when the dna sample are analyzed if that's what it turns out to be. >> reporter: an overabundance of crill right now offshore where there are ships in the

shipping lane. and both whales, the both whales have signs of ship strikes. john fowler, ktvu news. former president bill clinton kicked off the global initiatives world leaders. some celebrities are all attending the three day meeting. the organization which was formed five years ago is looking for ways to tackle women and girls rights. >> i hope when we come out of this meeting every one of you will have a clear idea of how best you can use your resources in this climate to promote more economic growth. former president clinton says he's collected over $2 billion to reduce poverty in the developing world and to enpower both women and girls. >> it is the last full day of summer, on this day it's a little cooler than it was before. >> here's bill martin with

more. >> temperatures dropped off a good eight to 9 degrees than yesterday. we're heading to a cooling friend. it started today. we go outside and i'll show you the clouds that are out there. the fog is basically been lifted from the coast but you see the high clouds scooting in over head. we're picking up some wind as well. we'll check the live current wind station. this should pop up here in just a second. we'll see. let's try to golden gate bridge. for whatever reason we're not getting the live winds sensors out there. but the wind is blowing out there. here's how it goes. we have partly cloudy conditions tonight. a little bit of patchy cloud. but the fog went away rapidly today. it's not going to be around as long despite the quick burn off it's going to be cooler and that's because of those westerly winds that are moving in off the bay. it's breezy out there. tomorrow will be about the same. tomorrow maybe a little cooler. tomorrow is a day much like today. the weather headline is a warmer trend as we roll into

the end of the week. this warming trend could increase fire danger or will include fire danger. might be some advisories, we'll see the air call take a bit of a hit and just much warmer daytime highs as we head through the end of the week. overnight lows tomorrow morning. partly to mostly cloudy. 49 in napa. temperatures tonight are going to burn off rapidly. the fog will come in. it's not going to get as as far as it did this morning. it's going to stick right on the coast and the coastal hills. but you'll wake up most of us with clear skies but cooler temperatures. your forecast then as we head into your wednesday, we're looking for this cooler pattern. this mild pattern to last as long as this pressure sterlingers. s terlingers -- this pressure lingers. this high pressure fills in, the winds go offshore. this is a classic fall pattern. that's why many times -- this is some of our best weather

because of this high pressure, this offshore flow. we're going to watch it for you. but a warm up headed your way. first some clouds, i'm going to show you what will be your warmest day on the bay area week and we'll look at forecasts for cities where you live. cal state and hayward are one of the 20 organizations in under privileged communities. cal state will get 200 million in grants to promote career services for families in needs. the obama administration is based on the program by the obama administration is based on the harlem's children zone. which raised graduation rates and college attendance in one of the new york's poorest neighborhood. vanderbilt university study of math teachers found students in classrooms where teachers got a $15,000 bonus did not

outperform students who's teachers did not receive a bonus. the american federal of teachers applauds the report. critics of the study say it was too small and offered too small a bonus to make a difference in test scores. groups of richmond school children will soon have a new place to visit, play and learn. ground was broken today on a new martin luther king jr. community center and park. the project is at nestrum elementary school. it'll be part of a collaboration between the west contra costa unified district and the city of richmond. >> this project not only involves a multi purpose room it also involves a complete renovation of the school that's behind me, it's a total of about a $30 million project all together. >> funds for that project come from bond measure j which contra costa county voters passed back in 2005.

you may recall that he made national headlines when he stormed a school bus and threatened students after his 13-year-old disabled daughter was being bullied. today that man apologized. james willie jones explained that he just snapped when his daughter in tears told her that she was afraid. >> i sincerely apologize again to everyone. like i said, anybody else please go through a different way. use your resources, go through your school. >> reporter: jones was charged with disorderly conduct and disturbing a school function. his daughter suffers from

cerebral palsy. toys range from the calico critters mansion. >> we have a list of 36 that cover all the different age groups. so we have baby's first christmas all the way to the big kids. >> reporter: the toys on the top 15 list range in price from $13 on up to $110. that was five rocket carrying a top secret payload lifted up from vanenburg air space last night. >> and lift off of the atlas five rocket. >> reporter: the two rockets was believed to be carrying a spy satellite for the u.s. military. last night lift off was only the third atlas five launch from the west coast in history.

cape canaveral florida, space shuttle discovery was rolled out to prepare for lift off. the city of san francisco is stepping up -- >> and right before i got a cell phone i lived without it. loved ones who lost someone to distracted drivers speak up. what the government is doing to try to curve what is being called an epidemic. bedbugs spreading in the bay area. now a new way to find out where they might be hiding. we uncover why some business say they are victims of pest paranoia. why critics say the power

will really end up in the hands of politicians. we go inside the new lethal injection chamber at san quentin. what we just learned about how soon it may be put to work, new at 6:00.

> prosecutors today announced the arrest of robert riso and mayor oscar hernandez as well as former and current count cy

-- current council member. the district attorney's office says it has been quietly carrying out this investigation since last march. >> an investigation such as this is very much like peeling awaylayiers of an onion. each time a piece is pulled away, another piece is uncovered. filing of charges today is a beginning. but a very good beginning. >> prosecutors say robert riso made more than $5 million by paying himself through different employment contracts contracts that were not approved. council members paid themselves a combined $1.2 million for meetings that did not occur. attorney general brown now says he plans to review the salaries of all city leaders in our state who are making $300,000 a year or more. a recent survey here in the bay

area found that the city managers that make more than $300,000 a year are those in san ramon, danville. the department of transportation calls distracted driving an epidemic. more than 5,000 people died in distracted driving accidents last year alone. >> we can't live without them, but i remember before i got a cell phone i lived without it. but i guess we need to change our mentality. our way of thinking. >> california's hands free law which includes a ban of texting and using hand he'll cell phones while driving is thought to be one of the toughest in the country. ray lahood is suggesting warning labels on cell phones telling them not to use them

while driving. the transportation department is also suggesting banning truck drivers from texting while driving. cigarette sales at some san francisco grocery stores are said to be snuffed out. we'll explain why, coming up. >> the career is lost because of an unfair policy. don't ask don't tell didn't get repealed today. why tkpwaeu rights activists may be in -- why gay rights activists may be in for bigger battles next time they take the issue.

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chase what matters. ♪ i think that's the violation of our rights. >> reporter: she's talking about what she no longer be

able to buy at certain stores in san francisco. the item in question here is cigarettes. today the board of supervisors voted to make it more difficult to buy them in the city. needles to say there are strong opinions today for and against what the supervisors did. david stevenson live tonight with our report. >> reporter: san francisco supervisors say it's good for public health but supermarkets and some customers say it's bad for business and bad for shoppers. the contradiction is a clear conflict of interest. >> reporter: the ordnance closes a loophole in a 2008 san francisco law that bans cigarette sales in drugstores such as walgreens. today's vote amending that law will affect nine of safe way's

13 san francisco stores and one cosco warehouse. a cosco patron says they only sell cartons of cigarettes to mom and pop stores. >> we will lose sales for those purchases for small stores. >> for us it's throwing the baby out with the bath water a little bit. >> reporter: susan howton says the amendment is bad for business. >> as many customers know our pharmacies are at the back of the store. many customers who want to come in and buy milk and cigarettes and never go to the pharmacy. >> well, i think that's an invasion of our rights. you know we want to buy them there we could. i mean i don't understand why they want to do that. >> reporter: supervisors passed the ordnance today by a vote of 7-3. >> my father could have lived ten years longer if he hasn't smoked and i feel that this is

a measure that protects, strongly protects the public's help. >> reporter: mayor gavin newsom has indicated he will approve the pressure which is set to take effect in november. david stevenson, ktvu channel 2 news. across the bay, castro valley police released a sketch resembling a man who tried to kidnap a 12-year-old girl. they say he had short black hair, dark skin and a goatee. the kidnap attempt happened at 7:30. the man was in a red or moroon sedan. tomorrow it'll be one year since 75-year-old joan

rosenthal was shot to death on her porch. anyone with information is urged to call tiburon police or the marin county sheriff. a vallejo man is behind bars tonight accused of the shooting death of his girlfriend. investigators say it appears he put the victim in his car and drove around for several hours. he reportedly called his astranged wife and several coworkers and confessed to the killing. ubando was arrested at a coworkers home in american canyon. >> there's a large amount of blood located in both her vehicle and his vehicle. the amount of force used by him

on her indicates extremely brutal attack. >> ubando and campoo worked together and had been dating for 10 months. an autopsy is scheduled for tomorrow. a repeal of the military's don't ask don't tell policy fell short of the needed votes this afternoon. republicans blocked the legislation that would have allowed gay servicemen and women to serve openly. the first u.s. soldier wounded in the iraq war sergeant eric alva is gay and an outspoken critic of don't ask don't tell. >> my straight friends and gay friends have always had this -- if he had to go to war, i would be the first person he would take. >> reporter: gay rights activists today lost a crucial

fight. the bill would have authorized $20 million in defense spending. the white house supported a repeal of don't ask don't tell as did senate democratic leaders. and as democrats lose seats in the upcoming election this fall. repealing the ban could prove even more difficult if not impossible next year. republicans called to today's vote an election year ploy by voting before the military first completes a study on the issue requested by the pentagon's top brass. >> troops are in a lot of stress. we're in two wars, this is a major policy change and i would like to get the input from the service members before we change the law. >> reaction here in the bay area is strong. we just spoke to a retired commander who came out as a lesbian just before don't ask don't tell was implement. >> what we don't like is that

we have partisans. tomorrow we'll have more people being fired from the military for being gay or lesbians for no good reason. it pains me every time a career is lost because of an unfair policy. >> reporter: dunning went on to say she's seen people build their life, identity and financial security by the military. she says it was very difficult for her personally to receive awards and praise from her superiors knowing that the military would turn it back on her as soon as she came out. a bay area university has $15 million. what it's going to do to help you fight disease. wal-mart says it's going to try again when it comes to setting up a store in san francisco. why this time the giant retailer is thinking small. have researchers cracked the code? what they say will help

advertisers help sell you things.

wal-mart is setting its sights on san francisco once again. the world's largest retailer wants to open up hundreds of small stores across the country the focus on selling fresh foods and prepared take out. the san francisco chronicle is reporting that plan includes

five dozens stores in the bay area. grocery accounted for 59% of wal-mart revenue last year. the obama administration announced good news for millions of the medicare recipients. patients will pay a little less on average next year. they also raised questions about the medicare plan. the average monthly premium will now drop to about $35. that's a 1% cut or about 50- cents. about 11 million seniors are signed up in the plans. enrollment is expected to increase by 5% next year. doctors have long known that medical bills are higher for the obese. that's just the start to the cost of obesity. george washington university researchers added a need for extra gas and when you add it

all up the cost of being obese is $4,879 for women and $2,646 for men. why the difference between the sexes? studies suggest larger women earn less than skinnier women when wages do not differ when men have extra pounds. sanford researchers found identity cal twins will actually make the same choices including the purchases of useful items. brand names versus generic and sure things versus gambles. twins share the same desires to buy chocolate, cars or science fiction movies. and grants have been given to the nih to study human cells to fight decide. they will carry out advanced

research in the ways cells adapt to their environment. it's hope that it will be possible to engineer so called smart cells that can carry drugs to diseased parts of their body and repair damaged cells. the cost of care for alzheimer's disease is expected to top out $600 billion in 2010. the group expects these costs to increase 85% in the next 20 years. there's a new twist to cleaning up the boy and it's look -- cleaning up the bay and it's looking pretty expensive to some people. and it was cooler today, in the forecast we'll show you

which days are going to be warm. new at 6:00, bedbugs spreading in the bay area. and now a new way to find out where they may be hiding but we uncoverage why some business say they are victims of pest paranoia. and why critics say the power will really end up in the hand of politicians. for the hand time we go inside the new lethal injection chamber. what we just learned about how soon it could put into work, new at 6:00.

so if you've been down by the shoreline, tonight there's a new mandate to start cleaning those hot spots up. but some cities say that could be a problem. and ktvu's jim vargas is live in oakland to explain why. >> reporter: we're in oakland near the coliseum. this is just a fraction of the perhaps quarter of a million pounds of trash that volunteers

will be picking up on the bay shorelines this saturday. volunteers shoreline clean ups are nothing new to the bay. what is new is that 235 trash hot spots have been identified. they have to totally eliminate the garbage within 12 years. >> it comes in through the different storm drain outfalls that are along the different creeks. >> reporter: alicia matson who's with the save the bay organization says much of the trash is toxic. >> visually we know that it's bad. since the city have identified 225 hot spots, i think that's indicative of how big a problem trash will be. >> reporter: no one will argue that the bay should be clean. but the new mandate could be very expensive for cities.

>> all the floatables trash end up down in these stretches. >> reporter: public works director says the clean up for his city could be more than $400,000 a year just to get started. >> cities do not have that kind of money to try to control all of that and that money is the same money that you use for recreation programs and libraries and police and fire. >> reporter: the state expects the cities to install trash capture devices in storm drains and save the bay says it's working with cities up to 70 of them to ban things like plastic bags. that they say is tackling the problem at the source. jim vargas, ktvu channel 2 news. coming up next at 6:00, four people dead, three young drivers all facing very serious charges. continuing coverage on this tragic string of accidents that all appear to have one thing in common. julie haener is in the newsroom tonight with a look at some of the other stories we're working

on. >> also at 6:00, a new look tonight at the new execution chamber in san quentin. >> we have new information tonight on who could be the first to die there and when that could happen. plus day 83 of the budget impasse and it appears we are nowhere near a solution. voters will have the power to change that. tonight some are questioning whether they should. >> also at 6:00, the new list of hot bay area restaurants is out. find out which restaurant is the most popular in the bay area and also who has the best food and best service. we'll see you at 6:00. we talked about some changes in weather yesterday and bill martin we are certainly feeling them today. >> big drop off in temperatures today gasia. temperatures are trending down over the next couple of days then they're going to heat up. let's go outside right now. we have cool temperatures at this hour instead of 80s we're looking at temperatures mostly in the 60s. out in the livermore valley, oakland, concord you're all in the mid-70s. tomorrow about the same.

warmer as we go through time. here is the reason why we're cooler. there's clouds that respect a high pressure center that is rapidly leaving. this ridge of high pressure moves in. the storm track goes well to the north. we begin to warm up significantly. thursday, friday, saturday, and i think sunday as well. we're looking for temperatures on saturday and sunday probably into the 90s in many bay area locations. that would include clearing of the clouds along the coast. so forecast in san mateo tomorrow 59 degrees, there'll be some patchy coastal fog. a lot like today. then it warmed up quickly. noon about 55 degrees. 70degrees for a daytime high in san mateo, then from there temperatures begin to go up. i would expect upper 80s, low 90s this time of year. look at the 70s most of the bay. most of it tomorrow mid-70s, low 70s. look at all the six 60s, those

are green. so forecast highs warmer than they were today or a little cooler. 74 out toward mount diablo and clayton. and maybe you'll get up to 77, 78 degrees but now you're headed up to rio vista. you're forecast highs then, 73 in santa rosa, 74 in napa. with this pattern, with that low pressure i showed you, the air quality has been really good. you probably noticed that. when things change around, the air quality is not going to be so good and the air quality is coming up. another one like today then the warm up begins. 70 in campbell. 70 in minlow park and 71 in mountain view. a five day forecast that continues the cooling tomorrow, just a little bit. then it starts to go up. look at the bottom tier

numbers, temperatures really start to climb. record heat i don't think so. but temperatures lower than they have been. much warmer and we will get some northeast winds which is a dangerous fire direction as you know. >> thanks bill. a university of colorado climate researchers has created a computer model that could account for the biblical parting of the red sea. the simulation shows how strong easterly winds could have blown the sea parting and allowing the israelis to escape. well it's falling behind in the online social media mania. see what one side is doing to shed more users. trouble for a bay area

company twitter. what users were sent with just a simple click. the black widow spider's severe bite

can cause coma and even death. the african black mamba can kill a man with one bite. but there's an even deadlier predator cigarettes, produced by big tobacco, which take a life every six point five seconds. don't be big tobacco's next victim. my space expects to actually lose users when it launches it's redesigned website next month. that's the word from the chief digital office of news corp. which is my space parent company. miller told a news conference

today the overhaul is a full swing of the bat but he can't see how it doesn't shed some people initially. my space has been losing ground to facebook and twitter. hp and their former ceo have reached an agreement. mike hurd was hired by oracle. hurd is giving up $14 million of stock that was part of his hp severance package. san francisco based twitter was hacked. visitors to twitter.com found that hovering their mouse over a link could open up a link on

their browser. some even sent them to a porn site. >> it looked like a scene out of the movie war games. >> reporter: company officials say the attack began at 3:00 this morning. >> the platform just wasn't built for this. these type of attacks are going to keep coming on twitter particularly. and on different social networking sites. >> now figures show that twitter has more than 145 million registered users firing up more than 90 million twitts a day. and there is much more news just ahead. ktvu channel 2 news at 6:00 is next. for the first time, cameras were allowed to look at the new san quentin death chamber.

why it might be put to use earlier than thought. that story coming up.

after being put on hold for nearly five years, executions are set to resume in california. we'll tell you how soon they could start. and for the first time show you inside the new death penalty chamber at san quentin. three fatal crashes in one week all involving bay area teenagers. tonight the one thing that played a factor in all of them. good evening everyone i'm frank somerville. >> and i'm julie haener. within the past hour protesters greeted supporters of meg whitman and carley fiorina. members of the california nurses association and other democratic party backers protested the fundraisers