toddler's injuries unclear. the mother was taken into custody and is currently being questioned by police. and a shooting of a dog by oakland police is drawing outcry. though the department claims they did nothing wrong. >> reporter: gasia, we're actually in the backyard where the shooting happened. right now take a look around, it's a quiet home in the foothills. right close to the oakland zoo, and while police are reviewing the shooting, the family is mourning the loss of their beloved pet. >> our plan is to put her right back here in the corner. >> reporter: mary kate and her son matthew are looking at the spot they picked out to cremate the remains of gloria. several people have already offered them a few lab puppies. >> i picked her out myself when i was 4 years old. so i mean, it's like missing a

major part of yourself. it really is like losing a family member. >> reporter: oakland police tell us the sergeant who shot and killed the dog is a veteran with a decade on the force. >> it just seems obsessive for a family dog. >> reporter: normal policy is to try pepper spray or a taser with an animal before shooting a gun. in this case the sergeant already had the gun out, thinking there was a burglar in the home. and he had no time to switch out. >> that just increasing our time, and the officer could have been injured. >> i'm not angry at the police department. putting myself in the police officers shoes, i'm sure i would have been just as frightened. >> reporter: police say they've

received dozens of calls about the labrador shooting. but it's just part of many that they got when they killed a deer. oakland police say it's frustrating that while they received hundreds of calls on animal shootings they receive few calls on human shootings. they rarely here outrage from the public over human deaths. live in oakland, pria davis. governor arnold schwarzenegger has signed a bill into law reducing the criminal penalty for possessing marijuana. the bill authored by mark leno of san francisco reduces reduces possession of less than an ounce from a misdemeanor to an infraction. prior to this, offenders also faced arrests, criminal charges and possible court appearances. the governor says he was not trying to decriminalize marijuana but rather decided to

sign the bill because it would save law enforcement and the state courts millions of the dollars. the second of three planned debates between california's gubernatorial candidates is set tomorrow. whitman and brown are to debate tomorrow. the debate will be broadcast later in the afternoon in the spanish channel univision. well you had to figure what happened. today the first ad was released attacking whitman over whether she knowingly hired an illegal immigrant as her housekeeper. ktvu's david stevenson is live

tonight. >> reporter: today housekeepers and nanny's told us they hope that the debate turns into better working conditions for them. diaz is the former housekeeper of meg whitman that has accused whitman of firing her after she began to run for office. she also says that she was abusive. >> she says you were abusive, that pregnancy discrimination, you humiliated her. >> it's a lie. it's absolutely a lie. she was a great employee, we had a great relationship. it's absolutely a lie. >> whitman says diaz lied about her immigration records and says the scandal is being drummed up by labor unions and

jerry brown. yesterday the union released an ad. >> i think what happened with whitman, it's not a political issue but an issue of civil rights. >> reporter: the scandal highlights california's need for a domestic workers safety act. it's part of a wider push for federal immigration reform and legalization of undocumented workers. >> i think it's also important to note that worker protections apply to all workers regardless of their documentation status. and so you know the fact that someone may not have documents does not justify abuse or exploitation. the state assembly this year adopted championing the rights of domestic workers. nannies and housekeepers say they plan to push lawmakers for

a law to protect domestic workers. secret service agents swarmed the clairmont resort and spa in oakland where biden spent the night. this morning he attended a public campaign event for jerry mcnermey. later he headed down to orange county to attend a fundraiser for democratic u.s. senator barbara boxer. new charges for a couple accused of kidnapping, raping and inprisoning jacey dugard. lyndsey paulo live with more. >> reporter: the inindictment includes 18 counts against the garridos, rape, lewd act for a child, false imprisonment and it also says that phillip garrido video taped some of the sexual attacks on his victim. today only one garrido answered

that inindictment. accused kidnappers phillip and nancy garrido were present to hear the arraignment. but only nancy pled guilty. steve tapson says jaycee dugard did testify. >> she did testify in front of a jury. i don't know what their logic was on that. >> reporter: grand juries are a way to move cases along to trials quicker. however the process was stalled today for phillip garrido. >> we feel very strongly that he is in fact, competent but we have to take him through the steps. >> reporter: the d.a. isn't alone in that belief. >> i think he is crazy like a

fox. i think he is extremely aware of what's going on. i just see a man that's very, very cunning and conning. >> katie colloway hall, the woman garrido attempted to kidnap says that he had to undergo mental evaluation in her case as well. >> nancy garrido is being held on $20 million, phillip garrido on $30 million. the garridos will be back in court on november 1st. there will be more discussion about his competency hearing. lyndsey paulo, ktvu news. an alameda county spear your court judge denied a request that he rule

immediately on a change of venue. defense attorneys say they will appeal today's decision. a major project milestone on the peninsula. after three years of boring through the heart of a mountain there, crews today broke through to the other side. ktvu's consumer editor live at devil slide where a long awaited tunnel is taking shape, tom. >> reporter: well what a sight. what you are about to see is that there really is light at the end of this tunnel. >> reporter: like a massive monstrous mechanical mole, contract excavators finished the journey at the san mateo

coast this afternoon. in a year this will be the northbound tunnel of highway 1 bipassing devil slide. the local tunnel advocate lenny roberts culminated a campaign she started in the early 70s. >> i've been involved in this battle since then. and it's very exciting to see the solution that everybody loved. >> reporter: current caltrans bay area director first project was on devil slide. >> standing here in 2010, and actually seeing that piece of equipment punching through and showing the light at the end of the tunnel, is just an amazing feeling. >> reporter: by the time both tunnels are actually dug out, they will have removed the equivalent of almost 6,000 semi tractor trailer double dump

trucks or the weight of 400 fully loaded 747s. these tunnels will open coast side to hikers and bikers. >> the old highway 1 will allow hikers and bicyclists to have a quiet view. what a tremendous gift this is to future generations. >> reporter: the new tunnels will stop the landslides that have destabilized the coast side economy along one of the nation's premier tourist routs. >> allowing the tourists to come to the coast safely and get the benefits of the views that our beautiful california has. >> reporter: the tunnel will be named after and dedicated to the memory locally beloved congressman tom lancos who championed this $32 million project for many decades. reporting live from devil slide, tom vacar, ktvu news.

hewellet packered announced today what they will pay their new ceo. he will get a $4 million signing bonus. he's scheduled to take the helm at hp on november 1st. a report issued today by the securities and exchange commission blamed that so called flash crash of the stock market on a single share of 4 million sales on futures. that led to the dow jones 1,000 point drop in just a matter of minutes on may 6th. the plunge was not a result of market manipulation. stocks recovered a few hours after. elizabeth hurley there on hand with executives from este

lauder to ring the closing bell on wall street and to kick off breast cancer awareness month. dow finished up 41. and the nasdaq gained two. for more information go to ktvu.com. fire ripped through a bay area high school. who investigators are pointing to that made them call it suspicious. and i tell you, not since 2003 have there been this many media people. the excitement level is growing and giants baseball less than two hours away with the western division on the line. we'll cue it up for you with players and fan interviews right after this. and we're talking your bay area weekend weather, if fog is out. i'll tell you which area will be the foggiest.

abouts now say there were 15,000 marijuana plants growing in a corn field in contra costa county just outside brentwood. an anonymous tip led them to the location on orewood road. it was the first grow operation he had ever seen on farmland. the marijuana had a street value of $30 million. tonight no word yet of any arrests. let's talk a little baseball. win and they are in. that's the bottom line for tonight's giants game against the padres. this season has now come down to the final three games and you can bet at&t park is going to be rocking tonight. mark ibanez is live on the field there at the ballpark. i imagine it feels much like a play off game there. >> it really does. we're just about exactly two hours away from the last pitch of this game. the joint is already jumping and they haven't even let the fans in yet. but a couple of minutes before

the game, the players come out for practice. and the giants have not seen this kind of excitement since 2003 when they were in the play offs. they have been on a come from behind mode. they want an october fest san francisco style. and as we said, a couple of hours before the game, they were all looking very relaxed. i think everybody just focuses on trying to win this game and believing we're going to win this game. and i think everybody is just having a good time in there and being lose. we're just having fun like we always do. >> in your wildest dream did you ever think you would have this kind of rookie year? >> no, i would have never imagined. >> reporter: and another stand

only room crowd is going to walk in here. >> i've been thinking of this all yearlong. i had hopes for them all year. i had no problem, this is -- it's my dream. >> our pitcher is going to throw a shut out. >> are you excited? >> this is what i've been waiting for all my life. >> reporter: how about you sweety? >> are the giants going to win? >> that's a no doubter. >> is she cute or what? i tell you what, the atmosphere very confident and we are of course expecting a sell out crowd, and just a side note, matt caine celebrating his 28th birthday. it'll be a true celebration if he can do it with champane right around 10:00 tonight. we'll have all the highlights later at about that time. you know they're open for a celebration as we go back to the studio in oakland.

i'm mark ibanez from at at&t. a fire that did damage to a high school was no accident. the two alarm fire destroyed the kitchen and cafeteria overnight. investigators say they found at least three fire extinguishers along with the debris. detectives say they want to know who used those extinguishers and how they got in the building. >> it was very interesting because we were here at open house last night, and we actually watched the custodian lock the building up. >> i think it's vandalism because my dad lives just down the street, and he says h he heard some noise last night. this morning we got here and all the trash cans were knocked down. game time is about two

hours away. we saw the weather just a few minutes ago with mark ibanez, what's it going to be like bill? >> you have fog sweeping into the west end of the ballpark. and within 10 to 20 minutes it's fogged in. you'll need a jacket, you knew that. you're probably already out there, aren't you. temperatures out there right now on the cool side. let's go out toward the ballpark. you see right now it is clear as i mentioned but you are looking at things starting to cloud up out in that area as the picture gets a little more clear for you there. we're going to go real tight, there's the ball park right there. right now the fog is not there but it's going to move in. the bay area weekend breaks down like this. more fog overnight, cooler weekend. it was hot, you remember the heat wave we had. that's done. temperatures now, there's that cool bite of air coming in off

the coast. forecast highs for your holiday. mostly low 80s in the hot spots. 70s for most of us. it's a lot like it was today for tomorrow's forecast. 54 in fairfield tonight. the overnight sleeping weather, it was hot. air quality issues, we had fire danger issue, now we are in a pattern where it's cool at night. this weather has been trimming thunderstorms. they've had fire concerns, souther california lightning strikes. this activity will stay south of our area. we're not expecting rain or showers, we have seen showers in bear value and up toward south lake tahoe. but we are on the south end or the north end of this system. we should be fine. but this cool air will infiltrate the area. so cooling into the week weekend. we'll tell you which day will

be the coolest and we'll look into next weekend as well. >> at the white house, president obama met with sarah shourd. the president met with shourd yesterday and the mothers of the other two being held. some bay area commuters are getting faster trains starting on monday. how much train those trains will save. and what happened 3,000 miles away that are giving california high speed rail plans a boost. and signs that shows this is going to be an unusual winter. and from the gold rush to

the green rush. california has an interesting problem on its hands. we're investigating a brand new marijuana phenomenon. also, they can barely read or even tie their shoes, but california keupbder kindergarteners are now the topic of a new plan. but as californians first. at this stage in my life, i'm prepared to do exactly that.

some commuters in santa clara will soon have more time to get ready in the morning. the trains which will run down the median will shave five minutes off a trip. the agency expects the change to increase ridership by 2,800 people by the year 2018. the 520 is getting a big boost from washington. >> the biggest issue as we go

forward is going to be the money issue. >> the project just received $104 million in stimulus funding from the federal government. some supporters say that amounts to truly just a drop in the bucket. they approved the high speed rail. but the project needs the federal government to pony up double that amount. counting on the fends could end up costing taxpayers even more. >> once you have a project number with a little bit of this government bribe money, then the feds pull the rug from under you then all of a sudden it's the state and taxpayers that are left with the liability of a giant money losing weight elephant. >> reporter: the california high school speed rail authority got $5.2 billion. it's expected to find out next week if the project will get

any more money.

well, we're talking about the drought. and how we may need to rethink how we distribute water in the future and whether droughts could become the norm. new research tonight could

ratchet up water worries. john fowler is here to explain. >> reporter: climate researchers say we are entering an alignment for the perfect drought. scientists say the ocean powerfully influences climate. but the trigger for droughts here in the west seems to be not only the pacific but also the atlantic ocean. >> when you can match up the atlantic, match up the pacific it gives you the two perfect oceans for a perfect drought. >> reporter: mcdonald examined 300 years of three rings for clues for drought. three ocean temperature cycles, specifically the year or two cycle of el nino. the 20 to 30 cycle of north pacific decatel oscillation and the multi decatel oscillation. this year all three match up. researchers say these three ocean temperature cycles have

not lined up like this in 3,000 years. and that they say increases the likelihood of a significant and widespread drought. >> so under these kind of conditions you may well get a drought that will extend from the sierra nevada right across southern california and up into the head waters of the colorado river. >> reporter: mcdonald puts the odds at 70% this winter will be a drought. that in fact, drought is the norm. >> it's really going to be drying next year. and in fact, if the coming years are going to be drier than the averages over the last sefrplg reu, we have to rethink the w ay -- last century. we have to rethink the way we use water. >> you have farmers that need water, you have fish that need water and then it's going to be a balancing act. >> shorters showers and i'll have to wash dishes without the

water running. >> we don't like to give up anything, we're primadonnas in california. we want somebody else to give it right. >> reporter: arizona, nevada and california will face serious water shortages. the colorado basin is already in a 10 year drought. the good news, la nina conditions rarely last longer than 18 months. so this perfect drought trifecta will end in a year or two. it is day 93 and there is still no state budget. lawmakers are three months overdue in finishing their primary job in the state capital. at least we can say tonight that there is some optimism. the big five is meeting and ken pritchett is live in sacramento with more on where things stand right now. >> frank, we left the capital just a short time ago where the negotiations continued.

we have heard expressions of optimism before especially from democrats. but now the republicans who were typically cautious are joining the chorus saying that they are optimistic that solving this record long overdue budget and that that solution may finally be at hand. >> we're optimistic. >> today. >> could be. >> could be today. >> we're optimistic. >> assembly leader martin garreck and hollingsworth as they entered for budget talks aimed at closing california's budget gap. the budget is now 93 days overdue. sticking points are pension reform, $500 million in corporate tax breaks sought by

republicans and the democrats desire to minimize cuts to health programs and education. derrick stei nburg commented that there will be a comment on today's talks. those comments have not come before. we've heard that optimism before, we heard it last week only to hear that optimism fade. given the time it takes to put together the language of a budgetnd actually vote on that budget. if you are counting the days, we are likely to cross or seeming more likely to cross that 100th day mark. in sacramento, ken pritchett. a city audit finds that the pension is too generous and short. the pension lost a lot of money on the stock market during the

recession. early retirement eligibility and an automatic 3% pension increase were found to be a problem. the rupture of that natural gas pipeline that exploded in san bruno may have started along a weld or weak section. the national transportation safety board released video of segments of the pipe it is now examining at its training facility in virginia. engineers experts tell the mercury news the pipe unpeeled and failed uncatastrophely. the federal government unveils a new website today, how you can use it to figure out your health care. and starting monday could make your election day a lot easier. and why commuters will be saving 25-cents on some passes.

the old nummi plant in freemont is the scene of new life today. the tesla electric car company began building it's model s sedans at that location. 1,500 employees have been hired tesla. 4,700nummi workers lost their jobs when the plant closed in

december. early voters may vote on weekends. election officials say voters will be facing a very large ballot with five voting cards. >> there is information on both sides of the cards and to make sure that you take advantage of the opportunity to vote in this election, vote both sides of the card. >> reporter: another option is voting by mail. about 42% of registered voters are signed up to get their ballot by mail. nummi officials say fees have been dropped because it was causing confusion. paper tickets are intended for use for tourists and other riders who take nummi infrequently. a federal government unveiled a new website to help

people compare hospitals. it also compares prices for some sorts of care including heart attacks. and there's a question and answer section designed to help people with health care needs. for a link to this new website you can go to the web links sectn on our website, ktvu.com. a cash crunch and crumbling roads. >> i think every city doesn't have any money. >> we'll show you which citys have the words roads in the bay area and hear which bay area city stands above all the others. and you're weekend is here, it -- and your weekend is here. it came fast. there's going to be lots of fog. it's going to be very different than last weekend. they are the usual, politics, education, taxes, but now bedbugs have made their way into a local political campaign. and from the gold rush to the green rush. california has an interesting

problem on its hands. we're investigating a brand new marijuana phenomenon. also, they can barely read or even tie their shoes, but california kindergarteners are the subject of a brand new law. tonight on ktvu channel 2 news at 6:00.

more now on developing news. oakland police found a 2-year- old child inside a home suffering from wounds from a bad beating. >> reporter: gasia, i want to show you what's going on right now. police officers are inside the home interviewing family members and some neighbors. around 2:20 this afternoon officers responded to a call on the 3200 block of lindey street in east oakland. they found a woman screaming outside her home, officers went inside to find her 2-year-old daughter beaten and bloody. the 49-year-old brother is now under arrest for child abuse. >> once again she was under the influence.

and wasn't really providing direct information. was mumbling a lot. it did appear that the child had either been beat, struck in the face, there were some scratches to her face and other injuries to her body. coming up on the 10:00 news, we'll hear from neighbors who saw and heard, telling us what they heard and saw prior to police making their disturbing discovery. now again police officers are out here still conducting interviews and waiting for other family members to come home to figure out exactly what caused the mother who's accused of abusing her child. to see what happened, neighbors are telling us a lot more. reporting live, amber lee channel 2 news. this is an interesting time in local politics. there are complaints in some parts of california and the bay area about high salaries for government managers, worker pensions and expense checks. at the same time basic city services like street service are crumbling because there's

not enough money to go around. tonight we take a look at which area citys have the best roads and the worse. >> reporter: the condition of the bay area's road network is collected annually by the metropolitan transportation commission. it ranks all counties in the region. the honor of being best of luck is brentwood. at the eastern ends of contra costa county. it has almost 380 miles of road and even a casual drive around town shows that most are in fine shape. mark duke enjoying a day off at a golf course says he immediately could tell the difference from freemont when he moved from there. >> a drastic difference. >> reporter: a combination of special gas tax money, new housing developments and a city council committed to keeping the roads in good shape are what account for the high rating. >> it's widely known that it's a lot more cost effective to

maintain a street in good condition than a street that's in poor condition. >> reporter: paul eldridge works for the transportation commission. >> it is a known fact, just like your car if you maintain it, it will cost less. >> reporter: and rio vista has just 45 miles of road. but the town comes in at the very bottom of the list of street maintenance of all 101 bay area cities. we asked some rio vista residents what they thought of their roads. >> they suck. >> that's jeff senamian who's dad sales real estate in the town. >> they are bumpy. >> reporter: we asked for a

comment, but they said only on the phone that rio vista doesn't have enough money. that didn't cut it with senamian. >> i think every city doesn't have enough money. >> if you're wondering about the bay area's largest city, san jose ranks in the fair condition number 77. san francisco also fair at 79, and oakland in the at risk category at number 89. you can look at the entire list and final your own town's ranking on our website ktvu.com. it could be a big boost coming in, gas mileage for new vehicles. the associated press says vehicles could be required to reach an average of 62 miles an average by the year 2025. rules adopted earlier this year

looked for a boost in car mileage to 36 by the year 2014. also at 6:00, the sting operation called up in smoke and based to what the authorities found today that was very appropriate. some of these kids probably weren't born when he was at the top of the charts. who they all came to see today at golden park. the implications of a new law, how it will affect kindergarten students up and down the state and how it could save californians hundreds of millions of the dollars. it could be another month of so until we find out what caused part of a street to collapse in richmond. the road, via verde is still closed after a sink hole 30 feet deep opened up swallowing at least one car. no one was injured. it's believed the storm culvert beneath the road collapsed but it'll be a few weeks before

they get to test the results on the soil and the culvert. turning now to our weather once again, a lot of people out and about this weekend. here's our meteorologist bill martin, basically take a jacket. >> take a jacket. and a lot of people out and about. and áf the weekend is going to be good, but there'll be fog out there. there's fog out there right now as we set up for the concert. this climate along ocean beach. let's go out to the park. it's easily recognizable. see how the fog is working it's way in there. that's how it was again tomorrow. the early acts out in the park, it'll be kind of chilly. it'll be breezy and chilly out at golden gate park. these are the highs today. big cool down, as we went from very hot end of the weekend and right through this week. record highs, remember that. we're back to about average this time of year. a little warmer than average. morning clouds tomorrow, computer model has san jose

tomorrow at about 3:00 or 4:00 at almost 80 degrees. concord at 82. last week in concord was a good 18 degrees warmer than that. your weekend is going to be good, it's going to be more fog nights and mornings and temperatures on the mild side. near 80 in the inland valleys. upper 70s for most spots. and most of us, redwood city and freemont, we're talking mid- 70s. this weekend will be cooler, next weekend will warm up. your bay area weekend starts off saturday morning with fog up into vacaville. you have fog all the way to antioch, pittsburg. that fog will burn off fairly rapidly like today. but it's going to linger on the peninsula. pacifica, daily city, san francisco, west side of san francisco, out in the avenues and out toward the zoo, the fog is going to be there as you

know. forecast highs tomorrow 75 in napa. 75 in clear lake. might not be the bestest beach weekend ever. we'll get some good ones, you know that. forecast highs as they fly by. 76 in mountain view, 76 in redwood city. the fire danger comes down. that's good news. as i get older, and i'm getting older, what i notice is air quality. when the air quality got bad on those couple of days. when the airport is bad like it was, it affects you. and you noticed today how nice it is. a lot of people really appreciate that. so the air quality way better, fire danger way down. the president's right hand man rahm emanuel stepped down from his position today. emanuel held a congressional seat in chicago for six years and is widely expected to run

for mayor of chicago. although he stopped short of making an official announcement today. >> i am energized by the prospect of new challenges, and eager to see what i can do to make our hometown even greater. >> peter ross spent years as a staffer and was known as the 101st senator. the president said he has launched a search for emanuel's long term replacement. tad allen had stepped down as the head of the bp spill. alan is being replaced by paul zucume. coming up next here on the news at 5:00. it's the new movie about facebook. and the founding of the bay area company.

tonight why the head of that company is calling it fiction.

dozens of facebook employees were among those watching a new movie based on

the foundi of their company. hundreds used the update to say they were watching the facebook movie. mark zuckerburg who has referred to the movie as fiction was one who lined up to watch the film. the socially awkward genius who began a venture collaborating with his classmates but left them behind. cameron and wickelburg claims zuckerburg stole their idea. >> it's laughable that he can make a comment on the movie when he hasn't seen it. >> they've since filed a new suit alleging that zuckerburg misrespected the value of the company's stock. the social network is scoring high marks with film critics and with those who have seen

it. they are showing the film with an average score of 98 with a high of 100. we have more news straight ahead on ktvu channel 2 news at 6:00.

these folks have perverted the term of crops for their own gain. good evening i'm julie haener. >> and i'm frank somerville. california had its gold rush now law enforcement agencies say they want to stop what they're calling a green rush. illegal immigrants are using crops to make their illegal business. >> reporter: frank we're outside one of the medical marijuan