in the sting. a sting designed to send a message, if you're selling pot, you are being watched. the san jose cannabis buyers collection got a call in need of marijuana and said that they needed to fill it. but hodges said that they could not fill it unless it came from a medical patient. hodges avoided arrest by doing that. 22 people are behind bars and 25 pounds of marijuana, assault weapons with am in addition and hundreds of plants were confiscated. under the law only authorized care givers can provide medical marijuana. >> they are hiding behind the medicinal marijuana concept. >> reporter: law officials say they are concerned about a green rush to california by illegal growers who believe the

state is soft on drug enforcement. >> we're going the charge these cases consistent with how we charge any other drug case. >> we've seen a need for people that are unable to leave their home most of the time because of illness. >> reporter: the people arrested could face jail time, and depending on the amount of drug and weapons, prison time. a bill reduces possession of less than a gram of marijuana to a misdemeanor. the governor said he signed the

bill to save the court money. a two-year-old little girl is in the hospital tonight and h her mother behind bars accused of beating the toddler. oakland police officers responded to the home on lynne street about 2:30 and found a 45-year-old intoxicated woman screaming outside the home. when officers searched inside, they found the child bleeding from an apparent bleeding. she has since been taken to children's hospital. police say the mother has been arrested on child abuse charges. a grand jury indicted phillip and nancy garrido today on 19 counts of kidnapping, rape and false imprisonment for allegedly keeping jaycee dugard captive for 18 years. prosecutors say it saves dugard the pain of testifying. nancy garrido pled not guilty to the new charges which include making child pornography with dugard. her husband phillip was not

arraigned today because the court is still evaluating his mental capacity. >> 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. >> the judge today sealed the grand jury transcript and handed copies over to the garrido attorney. police officials say a veteran officer shot the dog named gloria on tuesday while responding to a burglar alarm at the home. they say the officer already had his gun out and did not have time to change weapons when the dog charged him. >> we have to make split second decisions, it's unrealistic to have officers switch and put

away his handgun to try to pull out pepper spray or a taser. >> reporter: the family says it's not angry at the police, just sad about the loss of their beloved pet. the second of three planned debates between california's gubernatorial candidates is set for tomorrow. the debate is targeting spanish speaking voters and will be aired tomorrow on univision. whitman will face questions about her housekeeper who was in the country illegally. speakers after today's rally said the whitman controversy highlights california's need for domestic workers bill of rights. >> i think that what happened right now with meg whitman, and th-t tphos a political issue but it's a issue of civil

rights. >> they adopted a resolution supporting a bill for domestic workers. it is a pesky problem that seems to be getting worse. ktvu rob 's rob roth is in the city now with our report. >> reporter: with concern and publicity of bedbugs on the rise, it's no surprise that the notorius pest has become a political issue. bedbugs are on the campaign trail. debra walker is one of 14 candidates running for the seat on the board of supervisors that represents an area that includes south of market in the tenderloin. neighborhoods filled with residential hotels and low income apartments. more and more residents in the districts have been complains

about bedbug bites. >> the bedbug issue is an every day issue for people. i think our city could do a little better at coordinating the enforcement. >> reporter: many residents believe it's an important problem. >> in this area right around here it's a real problem. i know people have really been medically impacted because they've received so many bites. >> reporter: the city does not have a bedbug epidemic and they say a bedbug management plan is already in place, one that includes building inspections and enforcement and training for hotel workers in spotting signs of bedbugs. walker also serves on the city's building inspection commission. >> we need to make sure we do follow up from our inspectors to make sure that the efforts are in fact, done and that the bedbugs are eliminated. >> reporter: one >> reporter: former police commissioner sparks is a big

supporter. >> whether the bedbug issue is going to put somebody over the top, i don't know, maybe. i don't think that's the biggest issue you have to worry about. >> health officials say bedbug infestations are not confined to any part of town, no neighborhood is immune. politics may make strange bed bedfellows while politicians make a campaign issue of bedbugs. rob roth. 92 days, still no budget agreement in sacramento but at least there were some negotiations today in the state capital. republican leaders say they are optimistic a budget plan is close and democrats are also saying the same thing. the group must find a way to close a $19 billion budget gap while hammering out agreements on pension reform, corporate tax breaks and cuts to

services and education. the giants are on their way to clench a visit to the postseason. >> reporter: we are standing inside at&t park where the fans are starting to fill the seat, but just imagine what this place is going to be like in a couple of hours, packed with more than 40,000 fans cheering the giants on to the play offs. before the gates opened, the stadium was relatively peaceful. but just outside, as fans started to show you can tell something special is afoot. >> it's magic. it's going to be a fun night tonight. we're going to win tonight, i know that. >> reporter: win tonight and the giants are in the play offs for the first time in seven years. when fans catch play off fever, souvenirs fly off the shelf. the woman bought a bag full. >> it's been a team effort all year. >> reporter: you can describe

this man as thrilled. he came back tonight for his first giants game since he was a kid. >> my beautiful wife here. surprised me three weeks ago with tickets, this is my first time at at&t. so i've got goose bumps. >> times like these do seem to take adults back to their childhood. >> what i am tonight is a devotee, i'm glad he brought his a game, and i wanted to root for him in my own special way. >> reporter: that fan would be happy to know the kung-fu panda is also excited about tonight. win one and they're in from at&t park. i'm john sasaki. and just a reminder you can watch the san francisco giants play the san diego padres tomorrow right here on ktvu channel 2. our coverage begins

at 1:00 p.m. >> a major milestone reached today on the peninsula as the long awaited devil slide tunnel is finally taking shape. for the past three years, caltrans crews have been boring through the heart of san pedro mountain. this afternoon they punched through one of two devil slide tunnels. the twin tunnels are expected to open in 2012. they will bypass the devil slide area and free up almost 80 acres of coast side to hikers and bikers. >> the old highway 1 will allow bike riders and pedestrians to have a quiet vista from which to view the pacific. what a tremendous gift this is to future generations. >> reporter: the tunnel will be dedicated to bay area congressman tom lantos who pushed for that $340 million project for years. two california cities top the list of the smartest and

least smartest counties in the united states. and thousands of fans clapping their hands to mc hammers music today and you can join in this weekend. details on the free music festival that's being held. ♪

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stocks nudged higher today on good economic news. including an increase on personal income and spending. the dow closed up by almost 42 points, the nasdaq gained two. biden and his secret service detail spent the night at the clairmont hotel at the oakland berkeley hills. he started the day at a morning

campaign event. the vice president then flew to orange county for a fundraiser this evening for u.s. senator barbara boxer. it is officially a new era at the former nummi plant in freemont. tesla motors took charge of the factory today. there are already 3,000 orders for the vehicle. 30 former nummi employees have already been hired by tesla. tesla says that more will be hired later. firefighter arrived at the campus on valley view road around 1:30 this morning. they contained the fire to the cafeteria and kitchen. investigators say several fire extinguishers have been discharged in the cafeteria which led them to believe the

fire was suspicious because the cafeteria was locked when they arrived. the solar panels are worth $1.1 million and will help second harvest save about $315 a day in electricity bills. >> we're excited about these solar panels because they're going to allow us to be more efficient and to redistrict money that would have other wise been spent on energy to food. >> reporter: the organization says the money saved will result in 6 million more meals over the next 25 years. second harvest serves santa clara and san mateo counties. the bay area is home to some of the smartest people in the country. cnn money released this survey. based from data from the u.s. census bureau, it ranks san francisco as the second brainiest city in america. san jose is a close third with

43.2%. washington, d.c. took top honors with more than 47%. the survey also ranked the least smartest cities, river side came in first. las vegas was ranked second and memphis tennessee was third. we want to show you some of the excitement out there at at&t park. over to our chief meteorologist, what's the weather looks like tonight? >> mark ibanez is out there, we'll have more about that game. let's go outside, i want to show you where the fog is. you see folks out at the park. they're warmed different, well one guy isn't, he needs a jacket. the fans are waving away because this is a big night. temperatures out at the park they are in the 50s all night. by the 9th inning, you are about 50, 58 degrees. a little bit of wind out there, that's storm tracker two look at the fog that's out there right now. it's good news, hopefully they

win tonight and they clench this thing. as we go out into the weekend, the fog is continuing to be a player. record heat earlier this week and they've just been going like this. really every day. we mentioned a cooling trend, it's been kind of slow. tomorrow the highest temperatures will be probably low 80s, most of us in the 70s. so 51 in napa, 54 in fairfield, 54 in livermore the forecast high or overnight low. there's thundershowers down in southern california, los angeles, santa barbara. thundershowers as far north as the deer valley area. you can see them right in here in this area. we're north of the area, north of the thundershowers, we're just going to see cooler showers as this low kind of lingers now into the weekend. that's the mechanism for the low. look at the fog, it's into fairfield, concord and freemont. right back to the coast, that's

classic pattern right there. that's your saturday. sunday is going to look just like this. on sunday, instead of 82 on the high end, 78 degrees in concord and livermore, the hot spots. it's a good weekend. 75 in antioch. forecast high in the santa clara valley, 80 degrees in los cados. much better air quality as we go into the bay area weekend. so there you go. 60degrees in pacifica. 61 in half-moon bay and 72 in redwood city. five day forecast, we're all smiles here at ktvu channel 2 because it's fun when the giants get in position this way. even julie haener is into it, even i'm into it. the sound of banjos will fill golden gate park this weekend, but this morning the crowd was treated to a little

bit of rap. mc hammer kicked off the bluegrass festival in golden gate park with a performance for local students. the three day event features dozens of bluegrass bands. but it's not just for country fans. >> it just took the whole thing to another level. the school system loves it, you know hammer is just the best thing that's happened to us. >> for a full schedule and list of performances click on the weekend extra tab on ktvu.com. san francisco city officials says early voting is set to start monday. election officials say voters will be facing a very large ballot with five separate 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 cards. >> another option is voting by mail. 62% of voters are signed up to permenantly get their ballots by mail. >> we will be back right after this short break.

today more than a dozen pediatricians visiting the bay area took time for a little volunteer work. the location wasn't a doctor's office it was walter hass playground near walter heights. doctors helped fix up and paint equipment for kids. they say the love caring for kids in clinics but playgrounds are important to a child's health as well. >> kids need the opportunity to just run around in a safe place. they need the opportunity to get their energy out. it provides a focal point for the community. >> reporter: doctor needing and other pediatricians are in san francisco for a pediatrics conference. a bill just signed for the governor will set up a cut off date for children entering kindergarten. paul chambers joins us with reaction. >> reporter: the bill signed by

the governor will save hundreds of thousands of dollars a year. it deals with changing the age restriction for children going into kindergarten. a child that is 5 years old may enter kindergarten as long as they are five by december 2nd. people we spoke to say they are all for the change. >> as sweet as they maybe, they might not be prepared to follow directions to listen when they need to be. they want to play a lot. >> even standing in line for a while, they start to touch everybody, roll on the floor. >> reporter: the new law will be phased in three years. in 2013, the date is moved up to october 1st, although it's only a three month difference than the current policy, some say that's enough time for the child. >> they mature so much, the little ones in such a short

time. they are really growing, physically, mentally growing. >> so maybe that is a good idea to start them when they start five, give them that extra year in preschool. >> reporter: although teachers support this idea, one parent disagrees. >> if you are ready i think you should go. my children were ready at four so they went. my grandson is ready at four. >> reporter: lawmakers say this change could save the state $700 million each year. half of those funds could be used toward the state's deficit with the rest going toward a transitional kindergarten program four years who are no longer eligible to start school early. paul chambers, ktvu. it's show down time at at&t park. >> it's one of their biggest games in years and john sasaki is down at at&t park right there on the field. john. >> reporter: things are starting to pick up here. the fans are filling the

stadium. these guys right here are starting to go crazy showing what giant pride is all about after being out of the play offs for seven years, these folks are fired up. if you look to the back, a couple of guys there dressed in panda hats, masks, i don't know what the masks are about. but they are also sporting the beards. the beards are attributed to the closer ryan wilson, he's been wearing a beard lately on the mound. they are ready for a big win. one win and the giants go to the play offs. john sasaki. >> coming on bay area news at 7:00 on tv 36, the new law that decriminalized the possession of small amounts of marijuana. fines are just about the same as a parking ticket. and you will be surprised by who supports the law and why. we'll gauge reaction on tv 36 at 6:00. we want to apologize to you, we wanted to bring you a

high school game of the week but we're having technical problems. we will have highlights of that game coming up at 10:00. it's a good one. tune in at 10:00 for that. we apologize for the technical difficulties during this newscast. have a good evening everyone. >> good night.