. complete bay area news coverage. this is the 10:00 news on ktvu channel 2 news game a death row inmate, two days from his scheduled execution at san quentin asked a federal court to intervein. good evening everyone. i'm heather holmes. >> i'm ken wayne and more on that story in a moment, but fir, the bay area is another spare-the-air day. the third consecutive spare-the- air day. bay area air quality management district wants people to reconsider their commute instudent of driving alone. the agency monitors air pollution levels, and issues an

alert when there are unhealthy concentrations of ground level ozone. the rising temperature as round bay area are also raising concerns about wildfires. this time of year is when some of the worst fires have occurred and as ktvu's paul chambers reports, fire officials are advising everyone to take precautions. >> reporter: fire officials say often times the mimture of higher tiff and lower humidity greatly increases the chances of fire. that is why members of cal fire santa clara unit spent the day patrolling lexington reservoir, make sure people are abiding the law. >> we're looking for people burning illegally and mokes and other vehicles off-road. >> we're primed up for having another bad bit of fire, if we have the weather and we have the weather now. >> reporter: battalion chief darrell wolf says when the temperature rises, they increase their staff. crews are ready to battle a fire from the air with this

helicopter or on the ground. >> when we have special weather conditions, we add extra people, because we know that by past history we're going to be busy. drive grass, hot weather, carelessness or minor mistakes could have this entire area engulfed in flame and that why cal fire recommends that people get their yardwork done early, because something as small as a lawnmower could start a fire. >> people mowing in hotter days could hit a rock and cause a park that start a fire. >> reporter: and also to keep the brush around your home to be cut back 100 feet. that way if a fire is started, your home will be saved. >> if your neighbor's house catch on fire, it will also keep that fire out of our home. so it works both ways. so it's a good thing to have your 100-feet clearance. >> reporter: cal fires will have extra crews working as long as we have the high, elevated temperatures. paul chambers, ktvu channel 2

news. and building high pressure has been the biggest factor impacting our weather over the past two to three days and there stick afounder tomorrow. once again, we'll have elevated fire darker and poor air quality. the offshore winds strengthen and as a result temperatures up a few degrees from today's highs. you may have noticed dense fog showing up coastside earlier today and cools things off 10- 12 degrees for the peaches. fairchild, 97 and livermore at 99 and san josi with official high of 91 degrees. you can see the temperatures warming up as we head into your afternoon hours. 70s, 80s and 90s for your monday afternoon and look oat this, talking about triple- digit heats and coming up the neighborhoods that will easily top the century mark. >> a involvement firefighter injured yesterday while battling a grass fire near bodega bay is reportedly improving. fire officials say the firefighter remained hospitalized in san francisco,

but is doing much better. was injured when he came in contact with a down powerline. the fire also shut down a portion of highway 1 between estero lane and valley ford freestone road. the chp re-opened that highway just before 7:00 this evening. this are new questions tonight whether the first scheduled execution at san quentin prison in almost five years will be carried out? 56-year-old convicted murderer and rapist albert greenwood brown appeal to the nine circuit court of a pales for a stay. is he set to be executed 12:01 wednesday. maureen naylor at san quentib with the latest. >> reporter: he is essentially asking a federal appeals court to halt his execution, which is a little less than 48 hours

away. the first person in line to be executed in california's newly- renovated death chambers is this man, albert greenwood brown. he was sentenced to die for rape and murdering and this afternoon brown's lawyers filed court papers appealing a judge's ruling yesterday, which allows his execution to move forward. >> i think there is a very good chance that execution may happen on wednesday night. >> reporter: this is a professor of law from santa clara university and says the ninth circuit court of pales will considerate case. >> even if the ninth circuit tries to stop it, the supreme court may intervene and say the execution could go forward. >> reporter: brown declined to meet a deadline to choose between one-drug or three-drug option. >> there are so many unanswered questions. >> reporter: one of those questions surround the main

drug used in executions. the state report it has 7.6 grams of sodium pental. some states require five grams for the injection and five additional grams in case something goes wrong. however the attorney general has indicated california can legally inject five grams with only an additional gram on hand, which it has. another question will there be enough drugs to move forward with future executions? brown's lawyers plan to go to marin county for the ask a judge to block the execution. reporting live in san quentin, maureen naylor, kutv channel 2 news. >> you will find continuing coverage of the pending execution of albert brown by going to our website, ktvu.com. several hundred tea party supporters gathered in marin county to try energize their conservative grassroot effort and get out the vote in the upcoming election. the event was held at the mill

valley community center. speakers including wart connelly, a leading opponent of affirmative action. organizers say they want people mobilized not just this november, but in 2012 and beyond. they say their tea party campaign embraces key conservative issues, such as fiscal responsibility. >> the idea is that you can't spend more than you take in, is something that we all do in our own households and we expect our government do as well with our money. >> tea party organizers say other core issues include the safeguarding of individual liberties, support of a free market, and keeping government out of private sectors. california governor arnold schwarzenegger and other top lawmakers have stayed quiet about budget negotiations. the big five reached a tentative agreement, referred to as a framework." and may announce details as early as tomorrow in

sacramento. lawmakersma must solvent $19 billion19 billion budget. the delay cost the state an estimated $52 million per day. as the two gubernatorial candidates get ready for their first debate on tuesday b a new poll shows democratic jerry brown with a narrow lead over republican meg whitman. the los angeles poll found 49% of likely voters say they would six brown compared to 44% for whitman. can you watch the debate here on ktvu channel 2 news. we'll air that debate live at 6:00 p.m.. ouach poll on proposition 19 is rising eyebrows around the nation as california once again continues to defy the status quo by legalizing the recreational use of marijuana by adults. we first brought the you poll results yesterday, 49% of registered voters say they are

inclined to vote yes. 42% voted no. opponents say that would create an disorganized patch wsoc regulations and chaos. on the other side, supporters say taxing pot could rise revenues for finally-strapped communities and deliver a blow to mexican drug cartels. confusing the issue is further is the fact that marijuana is illegal under federal law. a national group of highway officials is considering a total ban on using cellphones while driving. the governor's high safety association will consider the ban this week at its annual meeting. members alarmed at a study by the american public health journal that found from 2005- 2008 fatalities caused by cell phone use increased by 28% in the u.s. more than 16,000 deaths from 2001-2007 were blamed on texting while driving. california already banns texting burb allows calls with abandons freeway devices. there is word tonight of

continuing efforts to win the release of two remaining uc berkeley graduates jailed in iran. an iranian newspaper reports a delegation from nearby oman is expected to visit iroan to work for the release of shane bauer and josh fattal. oman officials played a key role in getting sarah shourd released earlier this month aran anonymous donor paid hall of fame a million dollars of bail did ' roan. spokesman for the men's family said they have no information about the delegation were grateful for any help aimed ate getting the men released. >> in washington, d.c., engineering experts found holes in bp's investigation into the gulf of mexico oil spill. national academy of engineering grilled bp investigators to for three hours. oil giant was criticized for only looking at the immediate cause of blast and for focusing on decisions made on the oil rig, not with the managers onshore. the bp report found eight separate failures led to that explosion.

the company did take some responsibility, but blame its patterns halliburton and transocean. san francisco police shoot shot and kill may man while deal two problems in one neighborhood. we have late word on what happened in both incidents. >> are california's gun laws he had beenive or too lax? what some previously unavailable data reveals. the first appearance for a bishop accused of sexually misconduct. the biblical analogy he used when addressing the allegations. the 10:00 news continues in 90 seconds.

congresswoman jackie speier plans toivity the sap brown fire zone. speier has said her bill would make it mandatory for utilities to install automatic shutoff valves in residential neighborhoods or near high-rise buildings. the san bruno fire burned for one hour and 47 minutes before pg&e managed to turn off the supply of natural gas. a san francisco police officer shot and killed a man today during a confrontation inside a residential hotel in the tenderloin. as ktvu's priya david clemens reported it was one of two violent altercations today in the same neighborhood. >> reporter: tensions simmered

over in san francisco's tenderloin district, this hot september day, with two violent incidents half a mile apart. both on sutter street. the register hotel at 100 sutter street, the situation turned deadly. >> it sounded definitely like rapid fire, you know? bang, bang, banging banging something like that. >> in trying to meet with the managers outside of the apartment, the person displayed weapons to the officer and the officer fired the fatal shot to the victim, and is currently under investigation. >> reporter: police have yet to identify the victim, but several neighbors told us his name was michael lee and he was in his 40s. some say the weapon he pulled out was a toy. >> i feel it's a very unsafe place. i don't like this place at all. i'm getting out of here as soon as i can. >> reporter: police also spent hours for a standoff sixes who away at 1600 sutter street.

>> we're very concerned because someone is barricaded himself in his room and not making contact with police and we're interested in his well- being as well as others who live in the building. >> reporter: it startd when he apparently tried to force his way into a neighbor's apartment. >> he drove a piece of concrete through the door and unlocked the door and went in and she sort of scared himself somehow and got him out. she made the 911 call and that is around the time i showed up. >> reporter: garcia said the man mumbled something about secret service agents and then went in and lock his door and refused to answer police demands to come out. as police continue their investigations they say there is no relationship between the two incident just they just happen to be close to each other. in san francisco, priya david clemens, ktvu channel 2 news news reporter we have late words from san francisco ploy and they tell us that they did

arrest that man this evening. they say 43-year-old man faces charges including burglary, making terrorist threats, vandal and assault. fremont police are looking for three suspects who carry out eye frightening robbery at a hair john. three men wearing dark-hooded sweatshirts and white masks end the salon near interstate 880. they robbed employees and customers at gunpoint and left in a silver, four-door car, similar to a honda or toyota camry. knope was injured and anyone with information is asked to call the police department. >> a competency trial for a psychiatrist accused of molesting patients has been pushed back. it determine in william ayres

is fit to stand tile. he faces nine count of lewd and lascivious contact with a child under 18. a new effort is underway to identify states with lax gun laws in hopes of preventing traffickingp guns used in crimesianity national group of mayors has found that many of the guns used in crimes crossed state lines just it tabbualitied tabulated data from the bureau of alcohol, tobacco, firearms and explosives and found that the gun were taken across state lines. half of those guns came from california and nine other states. the group mayors against illegal guns says this and other key findings of the report show a connection between weak gun laws and crime. and in washington, d.c. democrats and republicans are sparring over whether bush-era tax cuts can be extended before

the november election. daze been a fail mate with each side blaming the other for delaying the vote. democrats want to renew tax cuts for the middle-class, but let tax cuts expire american making more than $250,000 a year. the g.o.p. would extend the cuts to both the middle-class and wealthy. >> raising taxes in the middle of a recession is a particularly bad idea and republicans don't think that is what we ought do. >> i don't believe this anybody else is going to be willing to stand up tot american people and say we're going to hold your tax cut hostage to give another large tax cut to millionaires and billion glazer we can't afford. >> budget analysts estimate that under either plan extending the tax cuts permanently would double the deficit over the next ten years. a top house democratic spoke out against comedian steven colbert's appearance. senator steny hoyer blasted the much publicized testimony as

"embarrassing." what he had to say is not the way it should have been said. if he had a position on the issues, he should have given those issues and not ask my personal opinion. >> colbert recently spent' day wocking at a farm field as part of the campaign by the united farm worker's association and invited by congresswoman zoe lofgren to testify about his experience. the pastor of a megachurch outside of atlanta spoke from the pulpit, days after he was accused of sexual misconduct. bishop eddie long said he would fight the three lawsuits filed against him, but not empwas please with what they did and did not hear from the pastor. barbara hall with the story from atlanta. >> good morning to all our other guests. >> reporter: bishop eddie long of the 25,000-member baptist

church knew sunday services would be ditch this week. the 57-year-old long made his first appearance since accusations of sexual misconduct surface the earlier this week. he did not specifically address the allegations, but said he would fight them. >> i want you to know one other thing, i feel like david against goliath, but i got five rocks and i haven't thrown one yet. >> reporter: long also made a short statement to the media in between church services. he again, stated his intentions to satellite the allegations from four young men that he used his leadership focus coerce them into sexual relation. long declined take any questions from reporters. the reasonable care around the church was packed. parishioners for the most part were supportive with some exceptions. >> he seemed like he avoid the subject and just said what he wanted to say and what he wanted to get out. i don't think he said anything. >> reporter: plaintiffs say long had sex with them during trips took them on and in some cases church funds were used to

buy gifts for them. i'm barbra hall, reporting from atlanta. new tension in the middle east while the sound of cement mixers in a disputed area could disrupt peace talks. thousands of people visit santa clara's wine-country every year, but there is an unquarterback visitor that grape growers are worried about again we have another hot day forecast for tomorrow. coming up, i will tell you whether the 90s and triple- digits finally move out of our weather

. >> iranian tv reports that iran's elite forces crossed the border into iraq and killed 30 kurdish rebels. general in charge called the kurdish of terrorists. that explosion killed 12 women and children. iraq has not officially comment on today's ambush by iran.

defining u.s. calls for restraint, israel allowed a moratorium phon developments to expire. diplomats worry that the construction could demolish peace talks. reporter leland vitter with the latest. >> reporter: a group of israeli as plaud while pouring cement, a symbol that they are ready novon from the 10-month delay in building jewish symptoms in the west bank hours before the government ordered construction- freeze expenditure benjamin netanyahu urged them to "show restraint." many wonder if moving forward with bulldozer in the territory will wipe out newly established peace negotiations. obama administration officials are urging the two side to

continue their negotiations. >> it's an and parallelled opportunity and a rare one. >> reporter: palestine president abbas says israel has a choice to make. >> there is only one choice in influence, peace or seattle. if it's peace through talks and if israel doesn't choose it, it will be a waste of time, a waste of opportunity. >> reporter: a freeform israeli diplomat says the world is watching and ape palestinian official says renewed construction is sure to threaten negotiations. >> decision to freeze the settlements in the first place was an acceptance in which the land is occupied land and that the negotiations will lead to the end of the occupation. >> reporter: the palestinians are asking for an october 4th meeting of the arab league in egypt to discuss the situation. that would give them more time for discussions with israel. in jerusalem, leland vittert, fox news. in other news from around

world, officials in afghanistan ordered vote rewounded in seven of 34 provinces, following charges of corruption during last week's leices just also today, four aid workers, including a british woman were kidnapped during an ambush in northeast afghanistan. and nato said two of its troops died in a bomb attack in southern afghanistan. in venezuela, people voted for a new parliament today. opposite parties are trying to end president chavez' domination of the assembly, but experts expect him to retain control. he has been president for almost 12 years and up for reelection in 2012. in china a dozen people are still in the running to become panda-keeps. the 12 applicants are from an initial list of 60,000 applicants. this weekend they were learning how to make food for the pandas. next week six keepers will be selected to wore with the

pandas. oponly 1600 pandas live in the owild andplore than 300 have been bred in captivity in zoos around the world. in chile, 33 miners are closer to be rescued. a 900-pound escape capsule arrived at the mine, designed to hold a single miner at a time and it's just wide enough to be sent down and up an escape tum. an official explained why it's called "the phoenix capsule." >> because i think it's the process of rebirth. what we expect is that we're going to have these miners out of this mine as a sort of rebirth to a new life [applause] >> the capsule has its own area supply and escape hatch in it gets stuck on whoa will likely be a 15-minute ride to the surface. there is no word on when the tunnel will be finished. a commercial jet make and

emergency landing at jfk, sparks fly as that plane hits the tarmac. coming up, the critical equipment that malfunctioned. it's time to pick grapes, but will a pest upset the harvest? co ofitee tce f rtco tetr cllor

. >> staydown! pretty dam trick video of tense moments last night for 60 passengers on board a delta flight from atlanta to suburban new york. that plane made an emergency landing at jfk airport after the landing gear malfunctioned. it sent spark flying and left one of the plane's wings drag along the runway. the faa and national transportation safety board are now investigating and no injuries were reported. a steering control problem has

prompted korean carmakerring hyundai to recall almost 140,000 sonata sedans in the u.s. just the recall affects 2011 model year, manufactured between december, 2009 and this month. federal regulators say the cars have a defect that could cause drivers to lose steering control. the carmaker says hyundai dealers will inspect the part and upstate the power steering software for free. gas prices across the u.s. held steady. bay area pricings remain higher than the national average. in san francisco, regular unleaded gas goes for $3.12 and in oakland, it's $3.04 and in san josi, it's $3.05. >> millions of dollars in new state-funded is allocated to ease the commute in the south bay. the santa clara valley transportation authority received almost $45 million from the state transportation

commission last week. the vta plans to use the mapplore improvements to the capital expressway and to separate traffic from pedestrian crossings in fremont. construction is set to begin next year. workers at vineyards in santa clara county plan to harvest this week. growers will find out what new steps to take to prevent a grapevine moth infestation. ktvu's allie rasmus sprains. from across california to canada, thousands come to safin the wines of santa clara county. it's known to one type of unwelcome visitor and this wine owe owner is worried about. >> so far it's not so many and let's hope it doesn't turn into a huge problem. >> reporter: he is talking about the grapevine moth, first found in napa county a year-ago and since then spread to seven

other counties, including santa clara. the grapevine moth is new to santa clara county. department of agriculture confirmed that they found three of the pests in a trap at one of the county's vineyards. they can be difficult to spot and snuff out and that is because the moth's larvae can grow inside the grape. >> if the larvae were inside of it, how would you be able to find it? it would be darned, almost impossible. >> reporter: thomas kruse has grown grape at his gilroy vineyard for the past decades and he is glad that authorities have announced the start of a eregard an eradication program. >>. >> reporter: we tried to reach santa clara county's agricultural director and county biologist to ask about the plan, but they didn't

return our calls. slater suspects one of the new guidelines will require him to clean his equipment differently. >> that is going to be another chore added on to an already busy time of year. >> reporter: but he says it's a necessary inconvenience. >> we obviously don't want to transport invasive species all over the state by accident. starting this week he and others plan to find out how their normal harvest routine will change. >> it's going to take avenue effort on the part of everybody. >> reporter: in gilroy, al lie rasmus, ktvu channel 2 news. >> a mountain lion was spotted this morning in the highlands neighborhood of unincorporated san mateo county. officials say that big cat was seen about 9:00. it appeared to be heading towards crystal springs. officials advised residents not to approach mountain lions that are most affective at dawn, dusk and night.

the efforts of thousands of volunteers to clean up the coastline is called a big ssumption. people fanned out all over the state for coastal clean-up day copyright with more than half of clean-up areas reporting about farther and recyclables were picked up. a final count will be available next month. last year more than a million pounds of trash and recycleacles were collected statewide. well you have heard the saying, if at first you don't succeed, the daring swim a grandmother is about to attempt more than 30 years after she first tried and failed. >> it's been hot out there and it's going to got hotter. the heat is on for monday and where you can expect triple- digit temperatures. meteorologist mark tama

. well the bay area warm-up continues and in fact, tomorrow will be the hottest day and we're talking about triple- digits a few neighborhoods as we do head oyou're monday afternoon just right now i can show you the maps and we have fog offshore and low clouds and fog. the current reports you can see outside of monterey bay, winds out north-northwest gusting at 25 miles per hour. look at that wave height, wave as rounds 12-feet. so if you are heading to the coast tomorrow morning, be extra careful with building surf and strong rip currents. as far as temperatures right now, these are current temperatures just updated. look at the 70s out towards concord and livermore is missing, but i can tell you

it's 70 degrees in livermore. san francisco you can see once again in the lower 60s. weather story is this, mostly clear skies for it evening. we'll continue to warm up for tomorrow. the extended forecast does feature a cool trend. as far as the spot forecast livermore starting out tomorrow morning 64 degrees and by lunchtime, 92 and look at the forecast high by 3:00,103 degrees. this was the set uptor today. we increased the onshore breeze and fog and as a result we cooled off coast-seed. temperatures inland, warming up a few degrees over yesterday's highs. the pattern is changing now and monday will be the hottest day. most neighborhoods on average about 4-8 degrees warmer than today's highs and that means inland spots 100 to 103 degrees. first thing tomorrow morning, mostly clear skies and could have coastal patchy fog and it

could be locally dense with visibilities down to less than half a mile. dives tomorrow morning, 53-63 degrees and into the afternoon hours, mostly sunny skies and there is that temperature range. we're heating up. look at santa rosa, 99 degrees. you will find more triple- digits towards danville, livermore and antioch tomorrow afternoon. oakland touches out right around 90. >> san josi in the upper 90s and morgan hill, 101 degrees. look at santa cruz at 90. your five-day forecast, the cooling begins on tuesday and it's going take some time inland. can you see upper 90s for the interior on tuesday. we'll continue can that cooling trend and partly cloudy skies on friday. tomorrow, lighter workouts and drink lots of water because you

will definitely kneel the heat. >> thank you, mark. legendary long distance swimmer diana nyad is back in the water swim, braving the treacherous shark-infested waters. nyad attempted the seam feat when she was 28 years old. no other athlete has ever finished the swim from florida to cuba. nyad says she hopes to not om shatter the record, but also perceptions and prejudices about age. talk about pressure, a golfer has one putt today worth $11 million. plus, raiders and niners on the road. we have highlights and the rest of the day in the nfl. also, giant's pitcher matt cain pitches. coming up, sportswrap.

mat

. >> good evening everyone and thanks for joining us our sunday night edition of sportswrap. the san francisco giants keep playing leapfrog with san diego and otoday in denver, their workhorse matt cain put them on their back. they could just about eliminate colorado today. the two-run homer gave cain a cushion. he was both starter and closer. he took a no-hitter into the 8th and symptoms for